HomeMy WebLinkAbout09/20/1994, C-11 - OPEN SPACE ACQUISITION lllH�lypl�llllltlllllAllpllll
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f MEETING DATE:
MMI lull ci �/ o san Luis osispo 9120/94
COUNCIL AGENDA REPORT ITEM NUM&/
FROM: Paul LeSage, Parks & Recreation Director
SUBJECT: Open Space Acquisition
CAO RECOMMENDATION
By Motion:
1) Approve the allocation of $5,300 from the Open Space Acquisition
budget to acquire 8.5 acres of wetland to be designated as city open
space.
2) Authorize the mayor to execute an agreement to purchase Lot 105,
Tract 683, located within the City of San Luis Obispo.
3) Name this property the "Let It Be Nature Preserve"
DISCUSSION
By passing the Open Space element of the City General Plan, the City Council
declared its intent to preserve open space in the City of San Luis Obispo.
The property that is proposed for purchase is located on Los Osos Valley Road
adjacent to Laguna Lake Park (See attachment 1, Vacinity Map). For much of the
year it is a wetland, an identified valuable natural resource. As it sits on the city limit
line, the land has added value as green belt.
The City holds an easement on this property which limits its use to open space.
Acquiring the property will insure that it remains "pure" open space, with no cattle
grazing, for example. The location of the property and the very low cost make this
a worthwhile purchase.
The current owner, Christine Peralta, recently acquired the property specifically to
preserve it as open space. Mrs. Peralta's offer to sell the land is conditioned on its
remaining open space. The naming of this property the "Let It Be Nature Preserve"
is also a condition of the sale.
The purchase of this property will be a demonstration to the community of the City's
intent to acquire open space.
FISCAL IMPACT
Funding for the land purchase is from the Open Space Parkland Acquisition/Parkland
Fund. Annual maintenance for open space is $100 per acre. The removal of a fence
to tie the open space to Laguna Lake Park will be handled inhouse at minimal cost
(Item 9 (7) of the Sales Agreement.
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COUNCIL AGENDA REPORT
CONCURRENCES
The acquisition of this property is consistent with the Open Space Element and the
Laguna Lake Master Plan. The Laguna Lake Plan specifically calls for the acquisition
of adjoining property for open space preservation.
ATTACHMENTS
1 . Vacinity Map
2. Purchase and Sales Agreement
3. Map of fence to be removed
Note: Grant Deed, Track Map, & Preliminary Title Report are on file at the City Clerk's
office and available for review.
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VICINITY MAP TRACT 683 NORTH
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PURCHASE AND SALE AGREEMENT
Lot 105, Tract 683
THIS PURCHASE AND SALE AGREEMENT ("Agreement") constitutes an agreement
by which CHRISTINE MULHOLLAND PERALTA("Seller"),agrees to sell, and CITY OF
SAN LUIS OBISPO, a chartered municipal corporation of the State of California("Buyer"),
agrees to purchase that certain real property ("Property") legally described as:
Lot 105, Tract 683, BK 10, Page 68, Recorded May 8, 1981
The terms and conditions of this Agreement are as follows:
1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to
purchase from Seller, the property upon the terms and conditions herein set forth.
2. Purchase Price. The Purchase price of the Property shall be $5,300.00.
3. Payment of Purchase Price. Buyer shall pay the Purchase Price for the
Property in full upon the transfer of the property as specified in this agreement.
4. Conditions of Title. Fee simple absolute title to this Property shall be
conveyed by Seller to Buyer by grant deed in substantially the form set forth in Exhibit "A"
attached hereto and incorporated herein, (which grant deed shall be fully executed and
acknowledged by Seller) and subject to no reservations except as set forth in Exhibit"A" and
subject only to the following conditions of title:
A. Matters affecting the Conditions of Title created by, or with the written
consent of Buyer.
B. At the time this agreement is executed by Seller, Seller shall deliver to
Buyer a Preliminary Title Report evincing the willingness of a Title insurer to provide a
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policy of title insurance (C.L.T.A. or equivalent) in the amount of the Purchase Price
showing title to the Property vested in Buyer. If Seller has not removed any exceptions
disapproved by Buyer prior to the time for transfer of title, in addition to any other
remedies available to Buyer, Seller shall return to Buyer any sums paid by Buyer to Seller.
5. Costs and Expenses. The cost and expense of the title report and insurance
policy to be insured in favor of the Buyer pursuant to paragraph 4 hereof, shall be paid by
Seller. The cost of drafting documents necessary to this transaction shall be born by the
party responsible for furnishing the document. Recording fees, if any, shall be born by the
Buyer.
6. Default. Seller agrees that if the within sale is not completed as herein
provided by fault of Seller, Buyer, at its option may terminate this Agreement without any
liability. The buyer shall not be entitled to recover out-of-pocket expenses.
7. Notices. All notices or other communication required or permitted hereunder
shall be in writing, and shall be personally delivered or sent by registered or certified mail,
postage prepaid, return receipt requested, at the following addresses:
Seller: Christine Mulholland Peralta
1334 Diablo Dr.
San Luis Obispo, CA 93405
Buyer: City of San Luis Obispo
Attn: Paul LeSage
P.O. Box 8100
San Luis Obispo, CA 93403-8100
Notice shall be deemed given as of the time of personal delivery or forty-eight (48) hours
following deposit in the United States mail. Notice of change of address shall be given by
written notice in the manner detailed in this paragraph.
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(2-11-5
8. Economic Value. The parties hereto expressly recognize and acknowledge
that the terms of this Agreement recognize this sale is at less than the full economic value
of the Property, and the Seller may be eligible for tax benefits as a bargain sale. Any tax
benefits to be utilized through a bargain sale are the sole responsibility of Seller. The Buyer
agrees to accept bargain sale documents as pursuant to IRS rules and regulations.
9. Seller's Representations and Warranties.
A. In addition to any express agreements of Seller contained herein, the
following constitute representations and warranties of Seller which shall be true and correct
as of the transfer of title (and the truth and accuracy of which shall constitute a condition
to the Buyer accepting the transfer of title):
(1) There are no actions, suits, claims, legal proceedings, or any
other proceedings affecting the Property or any portion thereof at law or in equity before
any Court or governmental agency, domestic or foreign.
(2) Seller has not received any notices from governmental
authorities pertaining to violations of law or governmental regulations with respect to the
Property, and does not know of any which may have been received by their predecessors in
interest.
(3) Seller has no knowledge of any pending or threatened
proceeding in eminent domain or otherwise by any public entity which would affect the
Property, or any portion thereof, nor does Seller know the existence of any facts which might
give rise to such action or proceedings.
(4) There are no liens or encumbrances on or claims to, or
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covenants,conditions and restrictions, easements,rights of way,rights of first refusal,options
to-purchase, or other matters affecting the Property except those previously disclosed and
any rights conferred to Buyer by this Agreement. There is a dedication of perpetual open
space to the City of San Luis Obispo included on Page 3 of the Tract No. 683 Map,
approved in 1981, a copy of which is included as Attachment C.
(5) There is no material adverse fact or condition relating to the
Property, or any portion thereof (including the existence of any underground tanks,
pipelines, or hazardous material), of which the Seller is aware. The Buyer.agrees to accept
the Property in its existing condition.
(6) Seller has the legal power, right and authority to enter into this
Agreement, and to consummate the transaction contemplated hereby.
(7) There is a fence, which was erected to keep cattle from grazing
in the park land. If this fence has not been removed prior to completion of sale of Lot 105,
the City of San Luis Obispo, at its own expense, shall pay to have this fence removed from
the property. This fence is indicated in red on Exhibit D. All other fences are to remain.
(8) There are no fixtures on the property in which anyone other than
Seller has any claim, rights, or security or other interest.
(9) There are no service or maintenance contracts, management
agreements or any other agreements which will affect Buyer or the Property subsequent to
the transfer of title.
(10) There are no encroachments onto the Property of improvements
located on any adjoining property nor do any improvements located on the Property
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encroach onto any other adjoining property of which the Seller is now aware.
(11) In the event that,during the period between the execution of this
Agreement, and the transfer of title, Seller has actual knowledge of, learns of, or has a
reason to believe that any of the above representations or warranties may cease to be true,
Seller hereby covenants to immediately give notice to Buyer of the change in circumstances.
Upon Seller notifying Buyer of the change in circumstances, Buyer may terminate this
Agreement, and all funds delivered to Seller in connection herewith shall be immediately
returned.
11. Name of Property. It is the intention of the Seller that the property
be known as "Let It Be Nature Preserve."
11. Use of Property. As the name implies, it is the intention of the Seller
that said property forever remain in its natural state and forever be open space, and that
no buildings or structures of any kind be erected thereon. The Seller intends that the
property be let be as it currently exists. Whenever anything is suggested to change the
property from its baseline condition at the time of the sale, the City of San Luis Obispo
shall just let the property be, Le, leave it alone. It is expressly understood and agreed by
and between the Seller and the Buyer, that in case Buyer ceases to use the above described
property, as in the manner and for the prescribed uses and purposes, and with the
limitations and upon the conditions hereinabove set forth, that then and in that case the
Property herein before conveyed shall be offered for sale, at the original selling price, to
Christine Mulholland Peralta, Seller, her heirs, executors, administrators, or assigns. The
restrictions hereby imposed upon the use of the subject property by Seller and the acts
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which the City of San Luis Obispo shall refrain from doing upon the subject property are,
and shall be, as follows:
(1) No structures will be placed or erected upon said premises. If
desired, see-through fencing appropriate to open space preservation may be allowed; if
approved by the city's Architectural Review Commission.
(2) No signs,billboards,similar structures or devices, or advertising
of any kind or nature shall be located on or within the subject property, with the following
exception: An interpretive sign shall be erected on the southwest side of the property which
will introduce the area as the edge of Laguna Lake Park. The sign should contain the name
of the "Let It Be Nature Preserve" and should address the importance of areas where
grasslands meet the marshlands.
(3) The City of San Luis Obispo shall not plant nor permit any
revegetation upon the subject property.
(4) The general topography of the subject property shall be
preserved in its natural condition. No grading shall be allowed.
(5) No extraction of surface or subsurface natural resources shall
be allowed.
(6) No removal of natural vegetation shall be allowed except for fire
protection as approved by the Community Development Director.
12. Survival of Conditions. The covenants, agreements, representations,
and warranties made in this agreement shall survive the recordation and delivery of the
Grant Deed conveying the Property to Buyer.
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13. Successors and Assigns. This Agreement shall be binding upon, and
shall inure to the benefit of, the successors, heirs, and assigns of the parties hereto.
14. Recorded Action of Buyer and Seller. Buyer and Seller agree to
execute all such instruments and documents and to take all actions pursuant to the
provisions hereof in order to consummate the purchase and sale herein contemplated and
shall use their best efforts to accomplish the timely Transfer of title in accordance with the
provisions hereof.
15. Entire Agreement. This Agreement contains the entire agreement
between the parties hereto relating to the Property, and may not be modified except by an
instrument in writing signed by the parties hereto.
16. California Law. This agreement has been entered into and is to be
performed in the State of California and shall be construed and interpreted in accordance
with California law.
17. Waivers. No waiver by either party or any provision hereof shall be
deemed a waiver of any other provision hereof or of any subsequent breach by either party
of the same or any other provision.
18. Caption. The captions, paragraph and subparagraph numbers
appearing in this Agreement are inserted only as a matter of convenience and in no way
define, limit, construe, or describe the scope of intent of such paragraph or this Agreement,
nor in any way affect this Agreement.
19. Interpretation. The parties agree that each party and counsel have
reviewed this Agreement and that any rule of construction to the effect that ambiguities are
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to be resolved against the drafting party shall not apply in the interpretation of this
Agreement or any amendments or exhibits thereto.
IN WITNESS WHEREOF,the parties hereto have executed this
Agreement on this day of , 1994.
SELLER BUYER
CHRISTINE MULHOLLAND PERALTA CITY OF SAN LUIS OBISPO
By By
(Mayor)
ATTEST:
APPROVED AS TO FORM:
CITY CLERK
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