HomeMy WebLinkAbout09-01-2015 Biological Open Space Easement For Tract 2707 - AgreementRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401 -3249
BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
FOR TRACT 2707
APN 053- 064 -001 and 053- 064 -002
This Biological Open Space Easement Agreement, is made and entered into this
1 day of Xw (,�y -s }
20 1 D, by and between CITYVIEW
LAUREL CREEK 178, L.P., a Delaware 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, described as follows: Lots A and B of Tract 2707 in
the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown in
Book of Maps Pages 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 PD Mandatory Project Feature #13 of City Ordinance No. 1485
(2005 Series) rezoning the Tumbling Waters project site and approving the development
plan, which authorized development of a 178 -unit residential 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 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:
Owner hereby grants to City a biological open space easement (the
"Easement ") over the Subject Property (the "Easement Area "). Said grant of
easement conveys to City an estate and interest in the Subject Property. The
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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 Architectural Review Commission.
b. Portions of the pedestrian path and associated improvements such as
pathway lighting, conduit, minor retaining wall adjacent to path, and
landscape irrigation may be constructed within the Easement Area. Said
encroachment shall be subject to review and approval by the City's
Community Development Director and Natural Resources Manager.
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 shall be allowed.
g. The general topography of the Easement Area shall be preserved in its
natural condition.
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 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.
4
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
CITYVIEW LAUREL CREEK 178, L.P.,
a Delaware limited partnership
By: CityView Laurel Creek, LLC,
a Delaware limited liability company,
its General Partner
By:
Sean Burton, Managing Director
ALL SIGNATURES MUST BE NOTORIZED
CITY OF SAN LUIS OBISPO
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ATTORNEY C ristine Dietrick
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
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On. 4- Z 20 to before me,
Date Here Insert Rama an ate of the Officer
personally appeared V c k-0 V,i
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person') whose nameN) is /afe
subscribed to the within instrument and acknowledged
to me that he /s4a,44ey executed the same in
INGRID J. KOOPMAN his //their authorized capacity(ies1, and that by
Commission * 1868624 his /hafi4heir signatures) on the instrument the
'e► Notary Public - California perso*), or the entity upon behalf of which the
Los Angeles County
My COMM. Expires Nov 14. 2013 personN) 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 nd and office I seal.
Sigl�t�r� �
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11 Attorney in Fact
11 Trustee
❑ Guardian or Conservator
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Date Here I sert me and Title o the Officer
personally appeared a
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persona}' whose name' sDW —
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I certify under PENALTY OF PERJURY under the laws
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❑ Individual ❑ Attorney in Fact
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Signer Is Representing:
Signer's Name: _
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
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02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
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Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
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is true and correct.
WITNESS my,#'i nd and official seal.
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❑ Corporate Officer — Title(s):
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❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name: _
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
city
san
MEMORANDUM
September 1, 2015
or
Luis oBispo
Department of Community Development
TO: Shannon Sims, City Manager's Office
919 Palm Street, San Luis Obispo, CA 93401
FROM: Diane Dostalek, Engineering Consultant
783 -7704
SUBJECT: Tract 2707 Amending Map, 953 Orcutt - Easements and Agreement
The subject map for the Laurel Creek subdivision (formerly Tumbling Waters) was approved by
Council on September 7th, 2010, by Council Resolution No. 10216 (2010 Series). Due to the
economy, the engineering firm going out of business, and other factors, recordation of the
amending map was put on hold by the developer for all these years. Now they are restarting their
development and have requested that we record the map.
The attached documents were required as a condition of recording the amending map and need to
be signed by the Mayor
1. Biological Open Space Easement Agreement (signature need to be notarized and attested
to by City Clerk)
2. Public Transit easement on Orcutt (signature needs to be attested by City Clerk)
3. Street easement on Sacramento Drive for bridge abutments (signature needs to be attested
by City Clerk)
Once signed, please return the documents to me for further processing