HomeMy WebLinkAboutD-1505 Tract 1750, Lot 54 Recorded 12/22/1999Rpt No: 001096221'
RF -1 22.00;
TOTAL 22.00;
d/
This indenture, made and entered into this day of , by and between
Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990, hereinafter
called "Owner" and THE CITY OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City."
WITNESSETH
WHEREAS, Owner owns that certain property situated in the City of San Luis Obispo, county of
San Luis Obispo, State of California, hereinafter described as "the subject property," and more
particularly described as Lot 54 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of
San Luis Obispo, State of California, according to map recorded elCemb r?Z. MI in book
Page ()2, of Maps, in the office of the County Recorder of said county, and by
this reference incorporated herein; and
WHEREAS, the subject property has certain natural scenic beauty and existing openness; and
WHEREAS, Owner is willing to grant an easement to the City of 19,193.04 square meters
beyond the City's urban reserve line which would be preserved in its present scenic beauty and
existing openness by the restricted use and enjoyment of said property by the Owner through the
imposition of a perpetual open space easement with conditions hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and Final Map for said development as
required by City ordinance; and
WHEREAS, the City approved said plans and Final Map including a grant to the City of a
perpetual open space easement on a portion of said property and
WHEREAS, the Owner is willing to grant the perpetual open space easement on said 19,193.04
square meters, as part of the subdivision approval; and
WHEREAS, the Owner has supplied City with a Title company Preliminary Title Report listing
all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and
mortgages on the subject property, a copy of which is attached as Exhibit "A" and incorporated
herein.
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!Doc No: 19998131
Official Records
Recording Requested By:
San Luis Obispo Co.
First American Title
Julie L. Rodewald
When Recorded Mail To:
Recorder
City of San Luis Obispo
Dec 22, 19 9 9
City Clerk's Office
Time: 08:00
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
61
l I
Rpt No: 001096221'
RF -1 22.00;
TOTAL 22.00;
d/
This indenture, made and entered into this day of , by and between
Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990, hereinafter
called "Owner" and THE CITY OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City."
WITNESSETH
WHEREAS, Owner owns that certain property situated in the City of San Luis Obispo, county of
San Luis Obispo, State of California, hereinafter described as "the subject property," and more
particularly described as Lot 54 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of
San Luis Obispo, State of California, according to map recorded elCemb r?Z. MI in book
Page ()2, of Maps, in the office of the County Recorder of said county, and by
this reference incorporated herein; and
WHEREAS, the subject property has certain natural scenic beauty and existing openness; and
WHEREAS, Owner is willing to grant an easement to the City of 19,193.04 square meters
beyond the City's urban reserve line which would be preserved in its present scenic beauty and
existing openness by the restricted use and enjoyment of said property by the Owner through the
imposition of a perpetual open space easement with conditions hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and Final Map for said development as
required by City ordinance; and
WHEREAS, the City approved said plans and Final Map including a grant to the City of a
perpetual open space easement on a portion of said property and
WHEREAS, the Owner is willing to grant the perpetual open space easement on said 19,193.04
square meters, as part of the subdivision approval; and
WHEREAS, the Owner has supplied City with a Title company Preliminary Title Report listing
all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and
mortgages on the subject property, a copy of which is attached as Exhibit "A" and incorporated
herein.
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NOW THEREFORE, in consideration of the premises and in compliance with Chapter 6.5 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 promise, covenants and the
conditions herein contained and the substantial public benefits to be derived therefrom, the
parties hereunto agree, as follows:
Owner hereby grants to the City a perpetual open space easement in and to said Lot 54 of
Tract 1750, Unit 6, said grant of perpetual open space easement conveying to City an
estate and interest in said real property of the nature and character and to the extent
hereinafter expressed and resulting from the restrictions hereby imposed upon the use of
said property by Owner for the purpose of maintaining said property in a natural open
space character, consistent with the Edna -Islay Specific Plan. To that end, and for the
purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of
himself, his heirs, successors, and assigns with the city, its successors and assigns to do
and refrain from doing severally and collectively upon Owner's property any of the
various acts hereinafter mentioned.
2. The restrictions hereby imposed upon the use of said property by Owner and the acts
which Owner shall refrain from doing upon the said property in connection herewith
are, and shall be as follows:
A. No structure will be placed or erected upon said premises except public water
storage and appurtenance for agricultural uses consistent with the open space
character and intent of this document and consistent with Edna -Islay Specific
Plan.
B. No advertising of any kind or nature shall be located on or within said
premises.
C. Owner shall not plant nor permit to be planted any vegetation upon said
premises except as may be associated with erosion control or agricultural uses
consistent with the provisions of this agreement. Permitted uses shall include,
but not be limited to grazing and related activities or other agricultural uses
permitted by the City Council.
D. Except for the construction, alteration, relocation and maintenance of public
utility facilities and easements, the general topography of the landscape shall
be maintained in its present condition and no topographical changes shall be
made.
E. No use of said described premises which will or does materially alter the
landscape or other attractive scenic features of said premises other than those
above specified shall be done or suffered.
F. Owner shall not cut timber, trees or other natural growth, except as may be
approved by the City Community Development Director for fire protection,
thinning, elimination of diseased growth, or similar protective measures.
G. Owner shall not extract natural resources from said premises except for
development of water rights.
H. No lot split shall be permitted.
I. Solid fencing with the open space shall not be allowed. Fencing design shall
be appropriate to open space preservation and shall be approved by the
Director of Community Development of the City of San Luis Obispo.
The following property right in said property are hereby excepted from this grant and are
reserved to Owner:
A. The right to use and occupy said land shall be limited to grazing and related
activities or other agricultural uses as may be approved by the City. No
vegetation other than that necessary for erosion control or permitted for
agricultural uses may be planted.
B. The right to construct a trail system in accordance with the Edna/Islay
Specific Plan.
C. The right to develop and maintain public and private water wells and supply
lines.
D. The right to construct a domestic water tank, supply line(s), access road, and
associated appurtenances in accordance with Edna/Islay Specific Plan. The
exact location of the tank and access road may be adjusted due to soil and
geological conditions, master plan layout constraints, physical access, and
technical and visual issues. The final location shall be approved by the
Director of Community Development of the City of San Luis Obispo.
E. The right to access and maintain all existing private roads, bridges, trails and
structures upon said land.
F. The development and operation of an equestrian center as may be authorized
by conditional use permit pursuant to the Edna/Islay Specific Plan and the
approved and recorded final map for Tract 1750, Unit 6.
4. Land uses permitted, or reserved by this instrument shall be subject to the regulation
policies and ordinances of City regulating the use of said land.
5. This easement shall remain in effect in perpetuity.
6. Notwithstanding any provisions herein, this grant of an open space easement shall in
no way restrict the construction of, nor the right of Owner to permit construction of,
public service facilities installed, or to be installed,. for the benefit of the land which
is the subject of this grant, provided such facilities.are installed,. or to be installed,
pursuant to an authorization of the City Council.
7. Nothing in this agreement will prevent any facility from being constructed or
maintained if that facility is approved as part of a project approved with the
Edna/Islay Specific Plan.
This open space grant is intended to coordinate with pending and future projects
within the Edna/Islay Specific Plan area. It is agreed by all parties that when final
tract boundaries adjacent to the northerly boundary of this open space easement are
established and approved by the City Council, the open space parcel and easement will
be adjusted. The adjustment will match the future Tract boundary utilizing the
lot line adjustment process and the boundary of this open space easement will be
amended to coincide with the adjusted lot line.
9. 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.
10. 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 6.5 of Part 1 of Division 1 of Title 5 of the government code of the State of
California commencing with Section 51050, shall be deemed to be an enforceable
restriction with the meaning of Article XXVIII of the constitution of the State of
California.
11. The trust deed beneficiaries and mortgagees, if any, listed on the Preliminary Title
Report referred to above, and which signatures are affixed hereto, do hereby assent
to this grant of an open space easement and, further, do hereby subordinate their
respective interests to the restrictions imposed by this grant.
12. The terms contained herein shall be binding on the parties hereto and their
successors and assigns.
13. This open space easement shall be effective upon the effective date of recordation
of the Final Map of Tract 1750, Unit 6.
0
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and
year first above written.
I
L. Rossi, Trustee of the Robin L. Rossi
Trust dated October 20, 1990
State of California
County of5 A&IS i2yaTAO
On 1)0&/wbW 3 19g9 before me, , Notary Public
personally appeared Rb 101 h 4. RDSS i personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name 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 signature(s) on the instrument the person(s) or the entity(ies) upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and Official Seal DONMAJEAMMVBB
CommbdM tt ®9143
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WM Comm. Now Dee 3. IM ..
bnature
ABOVE RESERVED FOR OFFICIAL NOTARY SEAL
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by Robin L. Rossi,
Trustee of the Robin L. Rossi Living Trust dated November 23, 1999 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: 12117199
ATTEST:
By.
MarMopecky
Assistant City Clerk
CITY OF SAN LUIS OBISPO
By. .
Allen K. ettle, Mayor
END OF DOCUMENT