HomeMy WebLinkAbout09-16-2016 Biological Open Space Easement Agreement - 279 Bridge Street APN 004-811-036city of
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MEMORANDUM
September 16, 2016
o111spo
Department of Community Development
919 Palm Street, San Luis Obispo, CA 93401
TO: Shannon Sims, City Manager's Office
FROM: Diane Dostalek, Senior Civil Engineer
783-7704
SUBJECT: Biological Open Space Easement for 279 Bridge Street
Attached is a Biological Open Space Easement Agreement for the Mayor's signature.
The property owner for 279 Bridge Street received a building permit to construct a bridge across
the creek on his property. As a condition of doing work within the creek, the Army Corps
required the owner to obtain an easement from the City restricting his use of the creek area.
The attached Easement Agreement includes the offer and spells out the terms of the easement.
Please have the Mayor sign the attached Easement Agreement accepting the offer on behalf of
the City. Her signature needs to be attested by City Clerk. Once signed, please return to me for
further processing.
P .OUB., RF
Recording Requested by
CITY OF SAN LUIS OBISPO
When Recorded, Please Return To:
eicy e1erk-'$-afftcE - -- DOC. NQ-J'1'`t U D
City of San Luis Obispo OFFICIAL RECORDS
P.O. Box 321 SAN LUIS OSISPO CO„ CAC.
San Luis Obispo, CA 93406
JUN 1 51984
FRANCIS M. LOONEY
Coun Clerk -Recorder RESOLUTION N0. 5370 (1984 Series) TIME County
2 t40PM
A RESOLUTION AUTHORIZING THE MAYOR AND VICE -MAYOR TO ACCEPT
AND CONSENT TO RECORDATION OF DEEDS OR GRANTS TO THE CITY
OF SAN LUIS OBISPO AND RESCINDING RESOLUTION 549 (1959 SERIES)
WHEREAS, Section 27281 of the Government Code of California permits
the City Council, by general resolution, to authorize officers or agents
to accept and consent to the recordation of deeds or grants conveying
any interest in or easement upon real property to the City of San Luis
Obispo for public purposes, by such officers or agents executing the
certificates as provided therein, which certificate shall be attached to
or printed on the deed or grant; and
WHEREAS, it appears desirable to authorize the Mayor and Vice -Mayor
as such officers and agents to accept and consent to such recording.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Luis Obispo, State of California:
1. That both the Mayor and Vice -Mayor of the City of San Luis
Obispo are hereby authorized to accept and consent to the
recordation of any deed or grant conveying any interest in or
easement upon real property to the City of San Luis Obispo.
2. That the City Clerk of the City of San Luis Obispo is hereby
directed to record this resolution.
3. That this resolution rescinds Resolution No. 549 (195 9 Series).
On motion of Councilman Settle , seconded by Councilman_Griffin
and on the following roll call vote:
Resolution No. 53700984 Series)
• Page 2
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 5th day of June ,
1984.
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Aapr. ecl:
Ci y Administrative Offffi ear
City Attfrney
END Of DOCUMENT VO 20604 PRGF 879
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Public Works/Development Review
919 Palm Street
San Luis Obispo, CA 93401-3249
BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
279 Bridge Street
APN 004-811-036
This Biological Open Space EaseRent, greement (the "Agreement"), is made
and entered into this Z6774k. day of , 2016, by and between
Devin Gallagher, as Trustee of the Koru Living Trust u/t/a dated 07/16/07, hereinafter
called "Owner", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the
State of California, hereinafter called "City".
WITNESSETH
WHEREAS, Owner owns certain real property (the "Subject Property") described
as follows:
BEING ALL OF PARCEL B OF PARCEL MAP SLO 80-128 IN THE CITY OF SAN LUIS
OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS SHOWN ON THE
MAP FILED IN BOOK 30, PAGE 55 OF PARCEL MAPS, TOGETHER WITH ALL OF LOT 2
OF PARCEL MAP SLO 73-202, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN
LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 11,
PAGE 92 OF PARCEL MAPS BOTH MAPS BEING RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING NORTHERLY AND EASTERLY OF
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID PARCEL B; THENCE
SOUTH 00020.02" WEST 83.18 FEET ALONG THE EASTERLY LINE OF SAID PARCEL B
TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 77°01.05" WEST 221.34 FEET;
THENCE NORTH 00030.00" EAST 134.57 FEET TO A POINT ON THE SOUTHERLY LINE
OF BRIDGE STREET (FORMERLY WOOD BRIDGE STREET) 60.00 FEET IN WIDTH AS
SHOWN SAID PARCEL MAP SLO 80-128.
THIS LEGAL IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING A
LOT LINE ADJUSTMENT, CERTIFICATE NO. LLA 193-98, RECORDED FEBRUARY 24,
1999 AS INSTRUMENT NO. 1999-13541 OF OFFICIAL RECORDS.
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, among
other requirements, is required pursuant to Special Condition #2 (the "Condition") of the
Army Corps of Engineers permit SPL -2015-00866 to construct a bridge over waters of
the United States. The bridge and other requirements are shown on the approved plans on
file at the City for grading permit number GRAD -4089-2016. Those approved plans, any
approved modifications thereof, and any future approved plans to construct City -
approved entitlements of which the Subject Property is a part are hereinafter referred to
as the "Approved Plans", and
WHEREAS, both Owner and City desire to preserve and conserve for the public
benefit the biological diversity, natural scenic beauty, managed urban environment, and
existing openness and other natural conditions on the Subject Property, and
WHEREAS, in order to satisfy the Condition, the Owner has agreed to grant to
the City, and City has agreed to accept, 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 Owner and City agree as follows:
Owner hereby grants to City, and City hereby accepts, a biological open space
easement (the "Easement") over a portion of Subject Property legally
described in the attached Exhibit "A" and graphically shown in the attached
Exhibit `B" (the "Easement Area") both of which are incorporated herein by
this reference. 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, managed urban environment, and existing
openness and other natural conditions by voluntarily restricting the use of the
Easement Area as hereinafter set forth.
2. Unless specifically identified and allowed below, the restrictions hereby
imposed upon the use of the Easement Area by Owner and the acts which
Owner shall refrain from doing within the Easement Area are, and shall be, as
follows:
a. No structures shall be placed or erected within the Easement Area, except
as allowed by the Creek Setback Ordinance (Section 17.16.025 of the
Municipal Code) as may be amended from time to time, provided said
structures are not in conflict with other restrictions of any other regulatory
agency.
2
A private use decomposed granite pathway and mitigation landscaping
may be constructed and maintained within the Easement Area at locations
approved by the City's Community Development Director and Natural
Resources Manager.
b. A bridge crossing and appurtenances as shown on the Approved Plans
may be constructed and maintained in the Easement Area. Maintenance of
said improvements is subject to review and approval by the City's
Community Development Director and Natural Resources Manager and
other required regulatory agencies.
c. Utilities (water, sewer, electrical, cable, etc.) as shown on the Approved
Plans may be constructed and maintained within the Easement Area.
d. A water well may be constructed and maintained in the Easement Area,
subject to all federal, state, and local regulations.
e. No signs, billboards, or similar structures or devices or advertising of any
kind or nature may be located on or in the Easement Area.
f. Owner shall not remove or permit to be removed any live vegetation
within the Easement Area, except as reasonably necessary for fire
protection, hazard abatement, drainage conveyance, or as detailed in
Section 2g below, subject to review and approval by the City's Natural
Resources Manager.
g. Owner shall maintain the Easement Area as a managed urban environment
for the benefit of the public and health of the creek. Owner shall retain the
right to prune and remove invasive species, non-native species,
transitioning the Easement Area to a stream environment dominated by
mature canopy of native live oak, walnut, and sycamores as mutually
envisioned. Owner shall be solely responsible for obtaining any and all
necessary permits and regulatory approvals, as applicable, prior to
engaging in such work.
h. There shall be no public access, public trail or path for use by the general
public.
i. No extraction of surface or subsurface natural resources shall be allowed.
j. The general topography of the Easement Area shall be preserved in its
natural condition.
k. No obstructions to drainage flows in the Easement Area shall be allowed.
Owner hereby grants to City the following rights:
a. To access and enter upon the Easement Area at reasonable times in order
to monitor Owner's compliance with and to otherwise enforce the terms of
this Agreement.
b. To access and enter upon the Easement Area in order to remove and dispel
any encampments or illegal occupations located thereon.
4. Owner retains all responsibilities and shall bear all costs and liabilities of any
kind related to the ownership, operation, upkeep, and maintenance of the
Easement Area, including removing 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. In the event the City determines that the Owner has
not adequately maintained the Easement Area in accordance with the
provisions of this Agreement, then the City may give written notice to the
Owner, which notice shall contain a reasonable time to cure, and in the event
Owner fails to cure, then the City may undertake the maintenance of such
Easement Area at Owner's sole cost and expense. Any costs incurred by the
City shall be a lien against the property and shall be the personal obligation of
the Owner.
5. Owner shall indemnify, defend and hold harmless City, its officials, officers
and employees, agents, representatives, successors and assigns from and
against any and all claims, actions, or demands, costs or expenses (including
attorney's fees), arising out of or in any way connected with Owner's
obligations set forth in this Agreement.
6. This Easement shall remain in effect in perpetuity.
7. 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.
8. 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.
9. 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.
10. The terms and conditions contained herein shall run with the land and shall be
binding on the parties hereto and their heirs, successors and assigns.
4
11. If any legal action or proceeding arising out of or relating to this Agreement is
brought by either party to this Agreement, the prevailing party will be entitled
to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorney's fees, costs, and expenses incurred in the
action or proceeding by the prevailing party.
12. This Agreement constitutes the entire agreement between Owner and City
relating to the Easement. Any prior agreements, promises, negotiations, or
representations relating to the Easement not expressly set forth in this
Agreement are of no force and effect. Any amendment to this Agreement will
be of no force and effect unless it is in writing and signed by Owner and City
or their respective successors or assigns. This Agreement will be effective upon
the date it is recorded.
IN WITNESS WHEREOF, the parties hereto have executed this document on the day
and year first written above.
OWNER / GRANTOR
Devi Ilagher, as Trustee of the Koru Living Trust u/t/a dated 07/16/07
U)Wn Gallagher, Trustee
CITY OF SAN LUIS OBISPO
By
rl�--
Jan MVrto
Mayor
PUB City Council Resolution No. 5370 (1984 Series)
ATTEST:
CITY CLERK Carrie Gallagher
APPR L•'D AS TO FORM:
.r
CIT TTORNEY Christine Dietrick
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On q D 1 0 before me, tVl(D '&;V) )WA %MAi
17ate Name and Title of the Officer
personally appeared, eyi n y— Q %41 VQ11 G'C�1 V� Q
Name of Slgner(s)
who proved to me on the basis of satisfactory evidence to be the person(Xwhose name(Wls/pril'
subscribed to the within instrument and acknowledged to me that he/std/#k6y executed the
same in his/heath& authorized capacityAet), and that by his/hOlOheiF signature on the
instrument the person or the entity upon behalf of which the person 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. IrRICA �SPt jam Y1lAftgA
WITNESS my hand and official seal. Notary Public - California z
San lois Obispo County n
Cwwftww ! 2160126
SignatureCamm' EONS Jul 17, 2020 f
S gnai t
t of Natwy Pub c Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On , before me, _
Date Name and Title of the Officer
personally appeared,
Name of Signer(s)
who 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, 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
Signature of Notary Public Place Notary Seal Above
7
EXHIBIT "A"
LEGAL DESCRIPTION
FOR BIOLOGICAL OPEN SPACE EASEMENT
That real property in the City of San Luis Obispo, County of San Luis Obispo,
State of California being a portion of Parcel 2 of Lot Line Adjustment 193-98 as
described in the document recorded February 24, 1999, as Document Number
1999-013541 in the Office of the County Recorder of said County, being an
adjustment of Parcel B of Parcel Map SLO 80-128 as shown on the map filed in
Book 30, Page 55 of Parcel Maps together with Lot 2 of Parcel Map SLO 73-202
as shown on the map filed in Book 11, Page 92 of Parcel Maps, records of said
County, being more particularly described as follows:
Commencing at the southwest corner of said Parcel 2; thence along the west line
of said Parcel 2 North 0029'53" East, 100.34 feet to the True Point of
Beginning; thence continuing along the boundary of said Parcel 2 the following
three courses
1. North 00029'53" East, 45.63 feet; thence
2. North 81000'57" East, 203.44 feet; thence
3. North 00031'54" East, 26.12 feet; thence leaving said boundary
4. South 89053'25" East, 26.69 feet; thence
5. South 00000'07" East, 23.94 feet; thence
6. North 89059'15" East, 33.04 feet to an angle point in the boundary of said
Parcel 2; thence along the boundary of said Parcel 2 the following two
courses
7. North 77008'13" East, 221.07 feet; thence
8. South 00027'10" West, 84.13 feet; thence leaving said boundary
9. North 88050'08" West, 40.74 feet; thence
10. South 73045'35" West, 61.45 feet; thence
11. South 80034'29" West, 13.91 feet; thence
12. South 80049'37" West, 65.12 feet; thence
Monday, August 22, 2016; 9:13 AM Page 1 of 2
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Randy Ellison, LS7065
13. South 87°52'02" West, 70.20 feet; thence
14. South 87052'02" West, 18.39 feet; thence
15. South 87013'12" West, 151.50 feet; thence
16. South 85009'43" West, 58.78 feet to the True Point of Beginning.
The above described property contains 31,764 square feet or 0.729 acres of
land, more or less and is shown graphically on Exhibit "B" attached hereto and
incorporated herein.
Michael B. Stanton, PLS5702 Date
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Randy Ellison, LS7065
0
EXHIBIT "B"
BRIDGE ST.
PARCEL 1 c�?A4,,,P ARCEL 2
c7).
S89'53'25"E 26.69'
NO'31'54"E 26.12'
i
PARCEL 1
1999-013541
BIOLOGICAL OPEN
SPACE EASEMENT
- - -• SO' 00'07"E 23.9; .Q7
SO'27'10"W 8413'--'
57.,E 203 44 -3U89'59'15"E 33.04' "`..........
...:::....-..:;
1
-NO'29'53"E 45.63' .
T.P.0.8. TS87*13'12"W 151.50'S87'52'02"W 18.39'
S87'52'02"W 70.20'
S80'49'37"W 65.12'
'43"W 58.78' S80'34'29"W 13.91'
N S73'45'35"W 61.45'
z PARCEL 2 N88'50'08"W 40.74'
1999-013541
P.O.C.
3
5
6
19 7
8 9 10
a
0
18
J
17
O
U
11
N
16
12
m
13
N
GRAPHIC SCALE
o
so _
0 40 80 160
1 inch =80 feet
MICHAEL
B. STANTON, PLS
5702
{
3563 SUELDO ST. UNIT Q
=-'
SAN LUIS
OBISPO, CA 93401
' •
805-594-1960
August 22, 2016 JOB #13-201
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