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Home My WebLink AboutD-1444 1605 Calle Joaquin Recorded 09/12/1996RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401 Doc No-, 1996-045950 ; . Rec No: 00017 748' Official Records ;NF San Luis Obispo Co. ; Julie L. Rodewald ; Recorder ' Sep 12, 1996 ; Time: 15:33 ; 9J ;TOTAL OPEN SPACE EASEMENT 0.00 0.00 rJ\ This indenture, made and entered into this 5th day of s e p t e mbe r 1996 by and between SLO FUNN, INC., hereinafter calls "Owner," and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City." WITNESSETH WHEREAS, Owner possesses certain property situated within the City of San Luis Obispo, as described in Exhibit "A ", attached hereto and made part of this easement by reference, commonly known as 1605 Calle Joaquin ( APN #053 - 171 -030); and WHEREAS, the subject property has certain natural scenic beauty and existing openness, more particularly described together with creek setbacks in Exhibits "B" and "C" attached hereto and made a part of this easement by reference; and WHEREAS, an irrevocable offer of dedication of an open space easement was required as a condition of City approval of Use Permit U51 -94 and ARC 51.95, Resolution #5138.94, allowing the development of a family entertainment center. WHEREAS, both Owner and City desire to preserve and conserve for the public benefit and the natural scenic beauty and existing openness, natural condition and present state of use of the subject property; and WHEREAS, the Owner has offered to dedicate the subject easement to preserve the site's scenic beauty and existing openness by restricting Owner's use of and activities on subject property through the imposition of a perpetual open space easement with conditions hereinafter expressed; and WHEREAS, the Owner is willing to grant the perpetual open space on the subject property, as part of a development approval. ....b.-Iqqq Open Space Easement and Agreement Page 2 NOW THEREFORE, in consideration of the subject property and in compliance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, and in further consideration of the mutual promises, covenants and the conditions herein contained and of the substantial public benefits to be derived therefrom, the parties agree as follows: 1. Owner hereby grants to City, an open space and drainage maintenance easement over that portion of the subject property described in Exhibits "B" and "C ". Said grant of open space easement conveys to City, an estate and interest in the subject property. The nature, character and the extent of the open space easement is as described below, and results from the restrictions hereby imposed upon the use of the subject property by Owner. To that end, and for the purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of itself, its heirs, successors and assigns, with the City, its heirs, successors and assigns, to do and refrain from doing severally and collectively upon the subject property, the various acts hereinafter mentioned. 2. The restrictions hereby imposed upon the use of the subject property by Owner and the acts which owner shall refrain from doing upon the subject property are, and shall be, as follows: a. No structures or fencing will be placed or erected within the easement area described by Exhibits "B" and "C ". b. No signs, billboards, similar structures or devices, or advertising of any kind or nature shall be located on or within the easement area described by Exhibits "B" and "C ". C. Owners shall not plant nor permit to be planted any vegetation within said easement area, except as may be associated with erosion control, fire protection, soil stabilization, or as allowed and approved by the City's Community Development Director. Any such vegetation shall be of native riparian plant species only. d. The general topography of said easement area shall be preserved in its natural condition. No grading shall be allowed. e. No extraction of surface or subsurface natural resources shall be allowed. No removal of natural vegetation shall be allowed except for fire protection or elimination of dead growth as approved by the Community Development Director. Open Space Easement and Agreement Page 3 3. This easement shall remain in effect in perpetuity. 4. This grant may not be abandoned by the City except pursuant to all of the provisions of Section 51093 of the Government Code of the State of California. 5. This grant of open space easement, as specified in Section 51096 of the Government Code of the State of California, upon execution and acceptance in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, shall be deemed to be an enforceable restriction within the meaning of Article XIII, Section 8 of the Constitution of the State of California. 6. Land uses permitted or reserved to the owner by this grant shall be subject to the ordinances of City regulating the use of land. 7. The drainage easement shall allow the City to maintain and preserve the creek area described in Exhibits "B" and "C" periodically, in its present natural state, with the right to make improvements as deemed necessary by the City Engineer and the Community Development Director. 8. The terms contained herein shall be binding on the parties hereto and their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. ALL SIGNATURES MUST BE NOTARIZED Owner �e7 e D to caner Date MID -STATE BANK CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CALIFORNIA County of SAN LUIS OBISPO On 5th of Sept. 199 6 before me, Lynette M. Barnett , Notary P u b l,ipersonally appeared Date Name, Title of Officer (e.g., Jane Doe, Notary Public) Jacques D. N o s c o and Michael J. x u$ s ]t personally known tome - OR - V 4 x proved to me on the Names) of Signer(s) basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their LYNETTE M. BARNETT signature(s) on the instrument the person(s), or the entity upon '"° behalf of which the person(s) acted executed the instrument. COMM. #1107068 P () , `� NOTARY PUBLIC - CALIFORNIA -� SAN LUIS OBISPO COUNTY WITNESS m h F My Comm, Expires July 28, 2000 y and and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) [ ] Individual )(x t Corporate Officer Treasurer and Secrecary Titles) [ ] Partner(s) [ ] Limited [ ] General ] Attorney -in -Fact ] Trustee(s) ] Guardian/Conservator ] Other: Absent Signer (Principal) is Representing: Name of Person(s) or Entity(s) MS -350 (06/94) DESCRIPTION OF ATTACHED DOCUIENT OPEN SPACE EASEMENT Title or Type of Document Number of Pages _ September 5, 1996 Date of Document * * * ** *NONE * * * * ** Signer(s) Other Than Named Above Parcel 1 and 2 of Parcel Map SL -86 -244 as shown on map filed for record in' Book 44 at Page 37 of Parcel Maps in the Office of the San Luis Obispo County Recorder. y fA ri \ �m 7� CAA 1 M TZ to N L3j / w O' (10i NIT .2p O/� % �N EXHIBIT "C" OPEN SPACE EASEMENTS NOTE: The basis of Bearings for these easements is taken from found monuments along the northerly line of our parcel and G Deeds 446 as shown on Record of Survey filed in Book 71 at Page 87 of Records of Surveys being noted as N59037'35 "E. PARCEL A A parcel of land being a portion of Parcel 1 of Parcel Map SL 86 -244 as shown on map filed for record in Book 44 at Page 37 of Parcel Maps in the office of the San Luis Obispo County Recorder described as follows: Beginning at the most westerly corner of said Parcel 1 and running along the northerly line of said parcel N59037'35 "W, 30.27 feet; thence leaving said northerly line and running S30022'25 "W, 32.95 feet; thence S10002'10 "E, 44.00 feet; thence S15034'05 "E, 26.01 feet; thence S10002'10 "E, 91.53 feet; thence S21007'43 "E, 161.60 feet to a point on the south line of said Parcel 1; thence along said southerly line S61029'21 "W, 40.33 feet to the southwest corner of said Parcel 1; thence along the westerly line of said Parcel 1, N21007'43 "W, 157.67 feet; thence N10002'10 "W, 197.64 feet to the true point of beginning. Said easement is approximately 40 feet in width parallel to the westerly line of said Parcel 1. PARCEL B A parcel of land being a portion of Parcel 2 of Parcel Map SL 86 -244 as shown on map filed for record in Book 44 at Page 37 of Parcel Maps in the office of the San Luis Obispo County Recorder described as follows: Commencing at the most northerly corner of said Parcel 2 and running along the easterly line of said parcel S19035101 "E, 30.54 feet to the true point of beginning; thence leaving said line and running S10002'10 "W, 55.52 feet; thence S15024'33 "E, 55.53 feet; thence S19050'11 "E, 37.07 feet; thence S20040'07 "E, 29.41 feet; thence S01000'09 "E, 21.18 feet; thence S35040' 12 "E, 24.77 feet; thence S23017'56 "E, 35.58 feet; thence S20009'08 "E, 42.16 feet; thence S22022'05 "E, 38.20 feet; thence S20000'15 "E, 31.41 feet; thence S19016'08 "E, 54.94 feet; thence S64025'34 "E, 14.10 feet; thence N70024'59 "E, 43.30 feet; thence N19035'01 "W, 12.05 feet to the angle point in the easterly line of said Parcel 2; thence along said easterly line N19035'01 "W, 376.25 feet to the true point of beginning said easement is approximately 50 feet in width parallel to the easterly line of said Parcel 2. �O QROFESSIoIV. OADD Fy CD sTgTF OF CAUF��\P CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the OPEN SPACE EASEMENT dated September 5, 1996, from SLO FUNN, Inc. to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: September 9, 1996 CITY OF SAN LUIS OBISPO B Y Allen K. Settle, Mayor ATTEST: r onnie L. G rwr