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Home My WebLink AboutD-1905 Lot 3 of SLO Tract Map 2990, Book 33 of Maps, Pages 20-21 Recorded 10/27/2011This Biological Open Space Easement Agreement, is made and entered into this 15th day of September 2011, by and between LAWRENCE HOMES, LLC 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, described as follows: Lot 3 of SLO Tract Map 2990 in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown in Book _� of Maps Pages IT to . in the office of the County Recorder of said County, 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 was required pursuant to City Council Resolution 9935 (2007 Series) which authorized development of Tract Map 2990 of which the Subject Property is a part; and I To<"' JULIE RODEWALD IF • San Luis Obispo nty— Clerk[Recorder 10/27/2011 • Recorded at the reque of 8:11 AM 'RECORDING REQUESTED BY First American Title Company FIRST AMERICAN TITLE INSURANCE CO ; 29 �4= D 0 C # : 2011053714 Titles: 1 Pages: 7 WHEN RECORDED RETURN TO: Fees 0.00 Taxes 0.00 City of San Luis Obispo Others 0.00 Public Works/Development Review PAID $0.00 919 Palm Street - - - - -- - - -- _ - - - -- -- - San Luis Obispo, CA 93401 -3249 BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT FOR LOT 3 OF SLO TRACT MAP 2990 This Biological Open Space Easement Agreement, is made and entered into this 15th day of September 2011, by and between LAWRENCE HOMES, LLC 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, described as follows: Lot 3 of SLO Tract Map 2990 in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown in Book _� of Maps Pages IT to . in the office of the County Recorder of said County, 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 was required pursuant to City Council Resolution 9935 (2007 Series) which authorized development of Tract Map 2990 of which the Subject Property is a part; and I To<"' • 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 biological open space 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 a portion of the Subject Property as shown on SLO Tract Map 2990 (the "Easement Area "). 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. The Easement Area, exclusive of the deck areas, shall be completely fenced in to adequately protect the sensitive biological resources, particularly the 2 Palmer spineflower and its habitat. Location and design of the fencing shall be 0 approved by the City's Natural Resources Manager or his/her designee and the Community Development Department prior to installation. b. No other structures shall be placed or erected within the Biological Open Space Easement Area, exclusive of the deck areas, except as allowed or approved by the City's Natural Resources Manager or his/her designee. C. Owner shall not plant or permit to be planted any vegetation within the Biological Open Space Easement Area, except as otherwise 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 Biological Open Space Easement Area, except as reasonably necessary for fire protection, hazard abatement, or replacement or removal of dead vegetation; or as otherwise allowed or approved by the City's Natural Resources Manager or his/her designee. e. The general topography of the Biological Open Space Easement Area shall be preserved in its natural condition except as otherwise allowed or approved by the City's 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. 3 • I • 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 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. 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. OWNER % GRANTOR Lawrence Drive, LL By: . RwNky""Alonzo, Agent ALL SIGNATURES MUST BE NOTORIZED 4 L.' STATE OF •� 1 A� )SS COUNTY OF ow> > ' On 1 before me, 1.. S� I ` •,� ,Notary Pub •c, perso ally p eare �14 1iMZD who proved to me on the basis of satisfactory evidence to be the pers'on(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, 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. r -X �- � 7n • nature -�' This area for official notarial seal • CITY OF SAN LUIS OBISPO By Jan Marx, . ayor ATTEST: CITY CLERK Elaina Cano APPROVED AS TO FORM: CVTY--AZT—T-ORNEY Christine Dietrick • uNIN�'Ihlllllili6�hp� '� city Of SAn LUIS OBISPO 990 Palm Street, San Luis Obispo, CA 93401-3249 STATE OF CALIFORNIA ) )ss COUNTY OF SAN LUIS OBISPO ) On October 18, 2011, before me Elaina Cano, City Clerk, personally appeared Jan Marx, Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the personK whose namenis /arZsubscribed to the within instrument and acknowledged to me that ,VelshJtWy executed the same in l Wher /t*i"r authorized capacity(ipg' , and that byVs/her /them signature on the instrument the person or the entity upon behalf of which the person acted, ex cuted 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 ..� (�� City Clerk .ti (Seal) The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. EWO DOCUMENT