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
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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
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San Luis Ranch - Open Space Conservation Easement
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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.
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(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.
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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.
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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
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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)
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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.
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San Luis Ranch - Open Space Conservation Easement
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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.
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San Luis Ranch - Open Space Conservation Fasement
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END OF DOCUMENT