Loading...
HomeMy WebLinkAboutD-2146 Open Space Conservation Easement - San Luis Ranch2020049553 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 RECEIVED Tommy Gong San Luis Obispo — County Clerk —Recorder 09/14/2020 08:39 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 13 Fees: $0.00 Taxes: MOO Total: 0.00 OCT 23 2020 -}-D CITY CLER PTN of APN: 067-121-022 Space Above This Line for Recorder's Use No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 OPEN SPACE CONSERVATION EASEMENT This Open Space Conservation Easement ("Easement") is made this ljyth of dy- 2019, by MI SAN LUIS RANCH, LLC, having an address at 330 James Way, Suite 270, Pismo Beach California 93449 ("Landowner"), to the City of San Luis Obispo, having an address at 990 Palm Street, San Luis Obispo, California 93401 ("Grantee"), for the purpose of forever conserving the open space character of the subject property. RECITALS A. WHEREAS, Owner owns certain real property (the "Subject Property") legally described in the attached Exhibit "A"; and WHEREAS, the Subject Property has certain natural biological resources, natural scenic beauty and existing openness of importance to the community; and WHEREAS, on July 18, 2017, the City Council adopted a resolution certifying the Final Environmental Report ("FEIR") for the Project and adopting CEQA findings and a mitigation monitoring plan, and adopted a resolution approving the San Luis Ranch Specific Plan and related entitlements; and WHEREAS, on July 17, 2018, the City Council adopted a resolution certifying a Supplemental Environmental Impact Report ("SEIR"), and adopted a resolution approving the Amended San Luis Ranch Specific Plan and related entitlements; 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 Page 1 San Luis Ranch - Opcn Space Conservation Easement ('01- 25-20 / 9) D _?'k 4 b WHEREAS, in order to satisfy the requirements of the FEIR, 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. GRANT OF OPEN SPACE CONSERVATION EASEMENT 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: 1. 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 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 and existing openness and other natural conditions by voluntarily restricting the use of the Easement Area as hereinafter set forth. 2. The Landowner and its successors in interest to the Easement Area, including their respective agents, may undertake and enjoy use of the Easement Area for all purposes as provided in the San Luis Ranch Specific Plan, specifically for Habitat Enhancement, Resource Management, and Improvements including those uses set forth in subsections (a) through (k) below (collectively the "Allowed Uses"): (a) Activities to create, maintain, restore, or enhance wildlife habitat and native biological communities on the Property pursuant to the approved Habitat Mitigation and Monitoring Plan, the approved Wetland and Riparian Mitigation and Monitoring Plan, and the approved Tree Protection Plan, collectively, the "Mitigation Plans." Landowner will be responsible for implementing the activities required under the Mitigation Plans for the time period set forth therein. After Landowner's completion of the activities required under the Mitigation Plans, title to the Property and responsibility for long-term maintenance will pass to the San Luis Ranch Home Owner's Association. (b) Removal, pruning, and maintaining vegetative resources, including removal of invasive species, to the extent reasonably prudent as required to accommodate permitted improvements on the Property, or maintaining the health of native species on or about the Property. Planting and replanting, including but not limited to riparian restoration and compensatory wetland Page 2 San Luis Ranch - Open Space Conservation Easement (01-2.5-20/9) mitigation with native species, is specifically allowed, per the Mitigation Plans. (c) Recreational, educational, and scientific research activities are permitted that do not materially and adversely affect maintenance or attainment of Conservation Purpose such as the following: (1) wildlife research consistent with and in furtherance of the Open Space Purpose, and (2) nature study. (d) Construction, use, maintenance and repair of improvements within the Easement Area as shown on the approved subdivision improvement plans for Tract 3096 on file at the City (FMAP-0174-2017), including any modifications thereof, (the "Approved Plans"), is allowed, subject to all federal, state, and local regulations. Replacement, relocation, removal, or expansion of said improvements in substantially the same locations as shown on the Approved Plans is allowed subject to any required review and approval by the City and required regulatory agencies. (e) Community gardens for the benefit of the residents of the Subject Property in accordance with the Specific Plan, CC&R's, and San Luis Ranch Home Owner's Association Rules & Regulations may be maintained, repaired, and replaced on the Easement Area. (f) The right for domestic, non-commercial purposes to engage in any outdoor recreational and other open -space activities that are not disruptive of the natural environment and which are not inconsistent with the purpose of this Open Space Conservation Easement. (g) Utility improvements must be underground or, subject to review, may be aboveground where not reasonably feasible to be installed underground. (h) New buildings and other structures and improvements to be used solely for the Allowed Uses on the Easement Area, including facilities for nature study, footbridges, stream crossing structures, stream access structures, and storage buildings of a maximum size of 200 s.f. but not including any dwelling, may be built on the Easement Area with the permission of the Grantee which shall not be unreasonably withheld. All such structures may be repaired and replaced without permission of the Grantee. (i) A water well for irrigation purposes on the Easement Area may be constructed and maintained in the Easement Area. Page 3 San Lucy Ranch - Open Space Conservation Casement l0l-]5-2o19) (j) Fences may be maintained, repaired, and replaced. If desired, "see - through" fencing appropriate to open space preservation may be constructed provided that the location and design of fences shall facilitate the movements of wildlife across the Easement Area and are otherwise consistent with the Purpose. (k) Signs may be placed and maintained on the Property in accordance with the San Luis Ranch Specific Plan. Informational signage may be placed and maintained on the Property provided that no individual sign exceeds twelve (12) square feet. Landowner may place larger signs on the Easement Area if Grantee determines that said signs are consistent with the Purpose. 3. 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) Owner shall not remove or permit to be removed any vegetation within the Easement Area, except as reasonably necessary for fire protection, hazard abatement, drainage conveyance, or replacement or removal of dead vegetation, as allowed or approved by the City's Natural Resources Manager or his/her designee. Owner shall be solely responsible for obtaining any and all necessary permits and regulatory approvals, as applicable, prior to engaging in such work. (b) No extraction of surface or subsurface natural resources shall be allowed. (c) The general topography of the Easement Area shall be preserved in its natural condition on the Easement Area except as otherwise approved in the Approved Plans. (d) No obstructions to drainage flows in the Easement Area shall be allowed. 4. Owner hereby grants to City the following rights: (e) 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. (f) To access and enter upon the Easement Area in order to remove and dispel any encampments or illegal occupations located thereon. Page 4 San Luis Ranch - Open Space Conservation Easement roi-1,-zo/9; 5. 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. 6. Nothing contained herein shall ever be construed as a grant to the general public of any right to enter upon any part of the Property, although Landowner may permit public access to the Property on such terms and conditions as it deems appropriate, provided that such access is consistent with the Purpose. 7. 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. 8. This Easement shall remain in effect in perpetuity. 9. 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. 10. 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. 11. 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. 12. 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. Page 5 San Luis Ranch - Open Space Conservation Faseinent (01-33-2'00) 13. Any notices to the Landowner and the Grantee required by this Easement shall be in writing and shall be personally delivered or sent by First -Class Mail to the following addresses, unless a party has been notified by the other of a change of address: If to Grantee: Michael Codron Community Development Department 919 Palm Street San Luis Obispo, CA 93401 With Copy to: J. Christine Dietrick City Attorney 990 Palm Street San Luis Obispo, CA 93401 If to Landowner: Gary Grossman MI San Luis Ranch, LLC c/o Coastal Community Builders, Inc. 330 James Way, Suite 270 Pismo Beach, CA 93449 With Copy to: Steven Spierer Spiererl Woodward IC orbalis JGoldberg 707 Torrance Boulevard, Suite 200 Redondo Beach, CA 90277-3400 14. 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. 15. 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. 16. This Easement shall be interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give maximum effect to its conservation purposes. 17. If any term, provision, covenant, condition, or restriction of this Easement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective the remainder of this Easement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated. 18. This Agreement constitutes the entire agreement between Owner and City relating to the Easement. Any prior agreements, promises, negotiations, or representations Page 6 San Luis Ranch - Open Space Conservation Easement 01-1j-'019i 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. GRANTEE: CITY OF SAN LUIS OBISPO Ir - 4 1-1e' i I rmon, Ma r APPROVED AS TO FORM: LANDOWNER: MI SAN LUIS RANCH, LLC, a Delaware limited liability company By: MI Entitlements IV, LLC A Delaware limited liability company Its: Manager By: Presidio Merced Land IV Passive, LLC A Delaware limited liability company Its: Co -Manager By: Miclta . ullivan Its Authorized Representative By: GGCCB, LLC A California limited liability company Its: Co -Manager By: ry ' ossman Its Nh naging Member [ACKNOWLEDGEMENTS ATTACHED.] Page 7 San LUIS Ranch - Open Space Conservation Easement (0 /-'3- ,0 / J) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 1 County of (D J} On���.�« ��i L020 before me, _ �-�: �� ate \ \ Here Insert Name and Title of the Office personally appeared VX A �� \ �" � �� Name(s) 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. °e KEVIN R. CHRIST#AN Notary Pubtii California San Luis Obispo County Commission # 23OZ534 o•"• my Comm. Expires A;jg 22. 2023 Place Notary Seal and/or Stamp Above 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. c Signature Si nature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document t Title or Type of Document: L7��O�Sc�u�a••. Document Date: ca�c `Zic� 2 v� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Cttass ❑ Corporate Officer - Ti le(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Er -Other: Signer is Representing 02018 National Notary Association Signer's Name: Z�-�� 1�, Q-�- ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee)I ❑ G dian or Con ery t U Other: 1 L��� Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 +kfSS. if07�4i�`6}i34#6ktS < 4�[ski?fh sS i 5v S4i .`S'rm4{`:: tS .^:i !:;:L�tiS.4;' M .${oi4r#r Iasi #i'f%#fi?hftom# $A.w'ktw 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 ( 1 County of On before me, Dotb f Here Insert Name and Tit4 of the Of 'cer personally appeared Name(s) 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. SHERI F. KASTRAVA Notary Public - California 5 D-0A San Luis Obispo County Commission # 2263811 My Comm. Expires Oct 22, 2022 Place Notary Seal and/or Stamp Above 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 OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: _ Signer is Representing: ACKNOWLEDGMENT 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 truth- fulness, accuracy, or validity of that document. State of Minnesota County of Hennepin On 2/14/19 before me, Amy Sundell, Notary Public (insert name and title of the officer) personally appeared Michael M. Sullivan 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 para- graph is true and correct. WITNESS my hand and official seal. I Signature / � V �" (Seal) �`u->' AMYSUNDELL NOTARY PUBLIC MINSOTA My Commission F,'prcr5 -PeWary 31 )� tip.*. .�:r� • '-- — EXHIBITS Exhibit A (Legal Description of Subject Property) Exhibit B (Legal Description of Easement Area) Page 8 San Luis Ranch - Open Space Conseivation Easement (0 /-33-10 / 9) EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY Tract 3096 recorded on q 1 4 , 20 90 in Book Z40 of Maps, Pages through, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. Page 9 San Luis Ranch - Open Space Conservation Easement (01-15-1019) EXHIBIT B LEGAL DESCRIPTION OF EASEMENT AREA That portion of Lot 1 identified as "Private Open Space and Conservation Easement" shown on the map of Tract 3096 recorded on q , 20 o t) in Book of Maps, Pages 1 '7 through L13, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California; and All of Lot 3 identified as "Private Open Space Conservation Easement, and P.A.E." shown on the map of Tract 3096 recorded on 4 1 , 20AD in Book 410 of Maps, Pages ) 7 through , inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. Page 10 San Luis Ranch - Open Space Conservation Fasement (01- 2 j-2019) END OF DOCUMENT