HomeMy WebLinkAboutD-1742 Tract 2570, Lot 5 - 2068 Fixlini Recorded 09/18/2007E
RECORDF G REQUESTED BY
FIRST A:NIERICAIN TITLE COMPANY
Bkl� AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401 -3249
ill cm-�-L�P-
JULIE RODEIIUA�
San Luis Obispo Cou Clerk/Recorder
Recorded at the request of
First American, Title Company
D O c # : 2n=62614 Titles: 1 Pages: 10
MEL `1
9/18/2007 j
8:13 AM
Fees
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BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
This Biological Open Space Easement Agreement, made and entered into this ( day
of AU44 2006, by and between Dunes Valley View, LLC, a California limited
liability company, hereinafter called "Owner ", and the CITY OF SAN LUIS OBISPO, a
municipal corporation of the State of California, hereinafter called "City ".
WITNESSETH
WHEREAS, Owner possesses a certain property situated within the City of San Luis
Obispo, as described in Exhibit "A ", attached hereto and incorporated herein (the "Subject
Property); and
WHEREAS, the Subject Property has certain natural biological resources, natural scenic
beauty and existing openness of importance to the community; and
WHEREAS, an offer of dedication of a biological open space easement on a portion of
the Subject Property was required pursuant to City Council Resolution #9622 (2004 Series)
approving Vesting Tentative Map 2570, which authorized development of a 13 lot subdivision of
which the Subject Property is a part; and
WHEREAS, both Owner and City desire to preserve and conserve for the public benefit
the biological diversity, natural scenic beauty and existing openness and other natural conditions
on the Subject Property; and
WHEREAS, the Owner has offered to dedicate this biological open space easement to
preserve the above described values by restricting Owner's use of and activities on the Subject
Property through the imposition of a perpetual open space and agricultural conservation easement
with the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the, above recitals, 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 the substantial public benefits to be derived therefrom,
the parties agree as follows:
1. Owner hereby grants to City a biological open space easement (the
"Easement ") over the portion of the Subject Property (the "Easement Area ")
as shown in Exhibit `B" attached hereto and incorporated herein. Said grant
of easement conveys to City and estate and interest in the Subject Property.
The purpose of the easement is to protect said biological diversity, natural
scenic beauty and existing openness and other natural conditions by
voluntarily restricting the use of the Easement Area as hereinafter set forth.
2. The restrictions hereby imposed upon the use of the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are, and shall be, as follows:
a. No structures shall be placed or erected within the Easement Area, except
as allowed in item 2(b) below. If desired, "see- through" fencing
appropriate to open space preservation may be allowed if approved by the
City's Community Development Director or Architectural Review
Commission, as appropriate.
b. Item 2(b) above notwithstanding, an outdoor seating area, patio, or deck, .
may be constructed within the area identified within the Easement Area,
together with reasonable private pedestrian access thereto. (See Exhibit
"B ") Said area shall not exceed 900 square feet in area, and shall have
no dimension greater than 30 feet. Said seating area, patio, or deck,
shall be subject to review and approval by the City's Community
Development Director or Architectural Review Commission,, as
appropriate.
C. No signs, billboards, or similar structures or devices or advertising of
any kind or nature may be located on or in the Easement Area.
d. Owner shall not plant or permit to be planted any vegetation within
•
the Easement Area, except for erosion control, fire protection , or
soil stabilization as allowed or approved by the.City's Natural
Resources Manager or his /her designee.
e. Owner shall not remove or permit to be removed any vegetation within
the Easement Area, except as reasonably necessary for fire protection,
hazard abatement, or replacement or removal of dead vegetation, as
allowed or approved by the City's Natural Resources. Manager or
his/her designee.
f. No extraction of surface or subsurface natural resources, or collection of
water, for transfer off of the subject property, except for the passive
water collection systems constructed on the subject property as part of
the improvements of Tract 2570, shall be allowed.
g. The general topography of the Easement Area shall be preserved in
its natural condition.
h. Functioning of the Easement Area for wildlife habitat and other benefits
to the natural environment shall take precedence over all other uses,,
including uses by privately owned pets, and public and private access
shall be minimized. Fencing and signage indicating the boundaries of
the Easement Area shall be installed and kept, in good condition. Signage
shall be as approved by the Natural Resources Manager or his/her
designee.
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 biological 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 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 the City regulating the use of the land.
7. The City shall have the right of access to remove any drainage obstructions as
needed to provide for the conveyance of creek flows, subject to the review
and approval of other agencies with regulatory control over work done in the
riparian corridor, specifically the State Department of Fish and Game and the
U.S. Army Corps of Engineers. Owner shall be indemnified and held
harmless by City for any such activity undertaken by City.
8. The terms and conditions 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 written above.
ALL.SIGNATURES MUST BE.NOTARIZED ' -
OWNER/GRANTOR
DUNES VALLEY VIEW, LLC
By: -
CITY OF SAN LUIS OBISPO
By:
David F. Romero, Mayor
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN LUIS OBISPO )
On September 11, 2007, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF SAN LUIS OBISPO, personally known to me e-on
to be the person
,Wwhose namSW is/are subscribed to the
within instrument and acknowledged to me that he /ahe/wy executed the same in his/hevVwir
authorized capacity(s), and that by his4ie0tkeirsignatureon the instrument the person , , or
the entity upon behalf of which the persony' acted, executed the instrument
WITNESS my hand and official seal.
Signature
Cl
(Seal)
:y z_ V•_ • �..
EXHIBIT "A"
Lot 5 of Tract 2570 (Sun Valley) as filed in Book 30 of Maps in Pages 75 through -19 in the
County Recorder's Office of the County of San Luis Obispo, State of California.
EXHIBIT B
LOT 8 OF
,SS /GUS MA Cr
L*J%t
1 ° =60'
OPEN SPACE
AS SHOWN
MAP 2570
PA 770 OR
r
6
LOCITY OF SANCLUIS 2570 IN OBISPO E
creating environments people enjoy STATE OF CALIFORNIA.
3765 South Higuera Street, Suite 102 1 San Luis Obispo, California 93401
P: (805) 543 -1794 1 F. (805) 543 -4609 1 www.mndesign.com
victor Montgomery, Architect #C11090 I Jerry Michael, RCE #36895, LS 16276 1 Jeff Ferber, LA #2844
N:\ 2005\ 1005003 —Tr- 2570 —CD\ Survey \Drawings \Lot5— Exhibit.dwg, Exhibit. B, May 01, 2006 1:40pm, sbwebster
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CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
%
County of .5AAJ Lk #:t D,B /SP ss.
On //'A V /1 2" before me, 'rDA.✓ • OI_ c. 2 a ,e U �
Date Name and Title of Officer (e.g., "Jae Doe,
/ - Notary Public -
personally appeared �E6r,7 A In, f- LE2
Names) of Signer(s)
Qyo6� DANA POLLARD
CD
tr ® e COMM. #1483731
NOTARY PUBLIC - CALIFORNIA �
SAN LUIS OBISPO COUNTY m
MY Comm. Expires APR 16, 2008
❑ personally known to me
[9'proved to me on the 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
signature(s) on the instrument the person(s),.or
the entity upon behalf of which the person(s)
acted, exec ed the instrument.
WITNFES,�y hand 4ffipial seal.
Signature of Notary Pu5lic
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Description of Attac
Title or Type of Document: L-3i o 10!ej a z_ (JIjsJ Jf'AeE GA✓EMteu % 116K6c
Document Dater i Number of Pages:.
Signer(s) Other Than Named Above:.
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer. — Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
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