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Home My WebLink AboutD-1762 Airport Business Center, 4460 & 4484 Broad Street - APN 053-412-004 Recorded 05/06/2008• RECEIVED MAY 2 P 2008 LO CITY CLER RECORDING REQUESTEs` WHEN RECORDED RETURN TO: City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401 J LIE RODEMLO Sa Luis Obispo County– ClerklRecorder Re orded at the request of Pu lic C #: 2008023616 BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT LO 5/06/2008 2:17 PM Titles: 1 Pages: 8 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 This Biological Open Space Easement Agreement, made and entered into this Jq�—, day of April, 2008, by and between PINDO LP, a California Limited Partnership 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 certain property (the "Subject Property") situated within the City of San Luis Obispo, as described in Exhibit "A ", attached hereto and incorporated herein, commonly known as Airport Business Center, 4460 and 4484 Broad Street, San Luis Obispo (Assessors Parcel Number: 053 -412 -004), and WHEREAS, a portion of 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 Condition of Approval No. 6 of City Council. Resolution No. 5497 -08 approving Vesting Tentative Parcel Map SLO 07 -0102; 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 a portion of 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 a portion of 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 I 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: Owner hereby grants to City a biological open space easement (the "Easement ") over the portion of the Subject Property (the "Easement Area ") described in Exhibit "B" attached hereto and incorporated herein. Said grant of easement conveys to City an 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. If desired, "see- through" fencing and pathways appropriate to open space preservation may be allowed if approved by the City's Architectural Review Commission. b. No signs, billboards, or similar structures or devices or advertising of any kind or nature may be located on or in the Easement Area. c. Owner shall not plant or pen-nit 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. d. Owner shall not remove or permit to be removed any vegetation within the Easement Area, except as reasonably necessary for public safety, 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. e. No extraction of surface or subsurface natural resources shall be allowed. f. The general topography of the Easement Area shall remain in its natural condition. 3. Nothing contained in paragraph 2 above shall limit or restrict Owner's ability to construct a pedestrian pathway and fencing parallel to the creek as shown on Owner's approved architectural drawings for the Subject Property. 4. This Easement shall remain in effect in perpetuity. 5. 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. 6. 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. 7. Land uses permitted or reserved to the Owner by this grant shall be subject to the ordinances of the City regulating the use of land. The City shall have the right of access in, upon, over and through the Easement Area 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, including, but not limited to, the State Department of Fish and Game and the U. S. Army Corps of Engineers. 9. The terms and conditions contained herein shall be binding on the parties hereto and their heirs, successors and assigns. 10. City shall promptly provide Owner with a copy of this agreement as recorded. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first written above. ALL SIGNATURES MUST BE NOTORIZED OWNER / GRANTOR PINDO LP By: VFP Management, LLC Its General Partner By Fred S. Vernacchia, Manager CITY OF SAN LUIS OBISPO By Davi d F. Romero, Mayor STATE OF CALIFORNIA ) )Ss COUNTY OF SAN LUIS OBISPO ) • On May 1, 2008, before me Audrey Hooper, City Clerk, personally appeared David F. Romero. Mayor, CITY OF AN LUIS OB SPO, who proved to me on the basis of satisfactory evidence to be the personPwhose name is/are subscribed to the within instrument and acknowledged to me that helshm4hey executed the same in heir authorized capacity), and that by hisi%erlffieir signaturekf on the instrument the person, or the entity upon behalf of which the person( j acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature, ClerV CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California / ss. County of L_, f s- (J,LI S D On q _ -`d o b before me, u c /.NQH Yea 6 &V� �1 /u' A)It, PDXIu mil/ G Defte i Name and Title of Officer (e.g., "Jane Doe, NoTary Public") personally appeared Name(s) of Signer(s) J� personally known to me /❑ 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 r4,0p, LLKV"ROBERSON authorized capacity(ies), and that by his/her /their Commis*M # 1504501 signature(s) on the instrument the person(s), or the N01M ftAc • Caalomo _ entity upon behalf of which the person(s) acted, $M C*unty executed the instrument. MvC0 nm. Expllaes Aug 27, 2006 WITNESS my hand and official seal. Place Notary Seal Above 4" _t, zel_/�� Si ature of Notary Public - OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: a .&T, S IDA .C!_ PASt✓.-n��e/ Document Date: 0 b Number of Pages: `0 Signer(s) Other Than Named Above: Capacity(ies).Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — El Limited ❑ General ❑ Partner — El Limited ❑General El Attorney in Fact Top of thumb here ❑ Attorney in Fact Top or thumb here El Trustee El Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder: Call Toll -Free 1- 800.876 -6827 —-0 0 9/13/07 CF EXI -HBIT "A" Legal Description for PINDO Property Parcel A and B of Parcel Map No. CO -80 -153 in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded May 24, 1985 in Book 37, Page 44 of Parcel Maps, in the office of the County Recorder of said County. \ \Slovault \ShareUOBS \I 1.00393.1_.2 \Legal Descriptions \Exhibit A.doc 4/1/08 RW /TD EXHIBIT "B" Legal Description for . Biological Open Space Easement That portion of Parcels A and B of Parcel Map CO -80 -153 per map filed May 24, 1985 in Book 37 of Parcel Maps at Page 44 in the office of the County Recorder, San Luis Obispo County, California, lying north of a line, said line being parallel with and distant 4.00 feet northerly, measured at right angles, from the following described line: Beginning at a point on the northerly line of said Parcel A, distant N 66° 19'13" E 68.92 feet from the northwest corner thereof; thence S 35 °22'20" E 100.75 feet; thence S 48 001'57" E 17.88 feet to the beginning of a tangent 126.00 foot radius curve concave northerly; thence easterly along said curve, an arc length of 70.51 feet, through a central angle of.32 °03'52 "; thence S 80 °05'49" E 80.99 feet to the beginning of a tangent 318.00 foot radius curve concave northerly; thence easterly along said curve, an arc length of 87.55 feet, through a central angle of 15 °46'31" to a point of reverse curvature at the beginning of a tangent 76.00 foot radius curve concave southerly; thence easterly along said curve, an arc length of 69.45 feet, through a central angle of 52 °21'28 "; thence on a non tangent line S 80 °22'20" E 74.85 feet to the beginning of a tangent 194.00 foot radius curve concave northerly; thence easterly along said curve, an arc length of 135.37 feet, through a central angle of 39 °58'51 "; thence N 59 °38'49" E 38.75 feet to the beginning of a tangent 14.00 foot radius curve concave southerly; thence easterly along said curve, an arc length of 17.97 feet, through a central angle of 73 °31'23 "; thence S 46 049'48 E 18.60 feet; thence S 32 °06'06" E 22.18 feet; thence N 58 °24'22" E 17.08 feet; thence S 80 °37'20" E 64.56 feet; thence S 74 °l2'33 E 95.85 feet; thence S 41002'11 " E 50.23 feet to a point on the southerly line of said Parcel B. said point being N 58 024'22" E 624.95 feet from the most southerly corner thereof. Containing: 70,989 square feet, more or less >rw�lo EXP. 12/31/09 J. Na 8356 9 CPO, Legal Description prepared by or under the supervision of: Cristi E. Fry, LS 8356 Lic. Exp. 12/3' 1 /09 Page 1 of 2 \ \Slovault \ShareV0BS \11.00393.1_:2 \Legal Descriptions \Open Space Esmt.doc L C 4.00' Exhibit "B" BIOLOGICAL OPEN SPACE EASEMENT LINE TABLE.- LINE O � DIST. L1 Ems, �W L2 p 17.88' L 3 L C 4.00' Exhibit "B" BIOLOGICAL OPEN SPACE EASEMENT LINE TABLE.- LINE BEARING DIST. L1 S 352220" E 100..75' L2 S 4801 57 " E 17.88' L 3 S 80 05 "49 E 80.99 _ L4 S 802220 " E 74.85" L5 N 5938 "49" E 38.75' L6 S 464948" E 18.60' L7 S 3206'06" E 22.18' L8 N 582422" E 17.08' L 9 S 80 37 20 E 64.56 T7 —o S 74'12.33 E 95 85' L71 IS 4102 11 E 50.23 TIE 1 N 65-197j" E 68.92 lE N 56 2422 E 624.95 BIOLOGICAL OPEN SPACE EASEMENT PINDO NN PROPERTY M B 5 CURVE TABLE.- CURVE RADIUS LENGTH CENTRAL .ANGLE Cl 126.00" 70.51" 320352" C2 318.00' 87.55" 15 46 31 " C3 76.00 69.45' 5221'28" C4 194.00" 135.37' J958'51 " C5 14.00" 17.97' 733123" d SCALE.- 1 " = 120' TY LINE APN.• 053- 412 -004 L5C r3�J L J ' L7 �� %\\-, BUILDING (UNDER ROPERTY LINEe CONSTRUCTIONAE 2 jrr a triod /holmes ossoc. PAGE 2 OF 2 uses 113 land Oeskton IISNawuttI share 1 JOBS I11.00.59.11 .21drowincsICPW.00.i9.1esmis le ;t —Y— A— 14 2nna 1n•.11; . Rw 11.00393esmts to citydwg END OF DOCUMENT