HomeMy WebLinkAboutD-1018 Re: Ferrini Annexation Recorded 07/21/1978-WORDING REQUESTED BY
Vdhen recorded, return to:
CITY ATTORNEY'S OFFICE
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406
OPEN SPACE EASEMENT
L
OOC. NO. 35130
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
goa JUL 211978
WILLIAM E. ZIMARIK
COUKY RECORD
'nME — ® 3 2 PM.
This indenture, made and entered into this day of
July, 1978, by and between FELTON A. FERRINI and MARLENE A. FRAZIER,
hereinafter called "Owner" and THE CITY OF SAN LUIS OBISPO, a munici-
pal corporation of the State of California, hereinafter called "City."
WITNESSETH:
WHEREAS, Owner possesses certain property situated in the
County of San Luis Obispo, State of California, hereinafter described
as "the subject property," and more particularly described in Exhibit
"B ", attached hereto and by this reference incorporated herein; and
WHEREAS, the subject property has certain natural scenic
beauty and existing openness; and
WHEREAS, both Owner and City desire to preserve and conserve
for the public benefit the great natural scenic beauty and existing
openness, natural condition and present state of use of said '.property
of the Owner; and
WHEREAS, the Owner has requested annexation of 199 acres to
the City with the intent that 51 acres would- "allowed to develop
with 86 single family home sites and that the remaining 1.48 acres
beyond the City's urban reserve line would be preserved in its present
scenic beauty and existing openness by the restricted use and enjoy-
ment of said property by the Owner through the imposition of a
DS /AG : kmt �vpc2087 PAGE 546 7/11/ 78
perpetual open space easement with conditions hereinafter expressed;
and
WHEREAS, the Owner of said property submitted a development
plan for said 51 acres as required by City annexation policy; and
WHEREAS, the City approved said development plan by pre-
zoning the 51 acre development area "R -1 Planned Development" sub-
ject to certain conditions of approval, including a grant to the
City of a perpetual open space easement on said property and within
said 148 acres certain public access rights to.Bishop's Peak and to
a scenic vista point defined on the Owner's approved plan; and
WHEREAS, the Owner is willing to grant the perpetual open
space easement on said 148 acres as a part of the annexation approval;
and
WHEREAS, the Owner has supplied City with a title company
Lot Book Report listing all trust deed beneficiaries and mortgagees,
if any, under prior recorded deeds of trust and mortgages on the
subject property.
NOW, THEREFORE, in consideration of the premises and in com-
pliance with Chapter 6.5 of Part 1 of Division l of Title 5 of the
Government Code of the State of California commencing with Section
51050, and in further consideration of the mutual promises, cove
nants.and the conditions herein contained and the substantial public
benefits to be derived therefrom, the parties hereunto agree, as
follows:
1. Owner hereby grants to City an open space easement in
and to the property described in Exhibit "B ", said grant of open
space easement conveying to City an estate and interest in said real
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LVOL 208 7 PUE 547
property of the nature and character and to the extent hereinafter
expressed and resulting from the restrictions hereby imposed upon
the use of said property by Owner. To that end, and for the purpose
of accomplishing the intent of the parties hereto, Owner covenants
on behalf of himself, his heirs, successors, and assigns with the
City, its successors and assigns to do and refrain from doing
severally and collectively upon Owner's property the various acts
hereinafter mentioned.
2. The restrictions hereby imposed upon the use of said
property by Owner and the acts which Owner shall. refrain from doing
upon the said property in connection herewith are, and shall be, as
follows:
2.A. No structures will be placed or erected upon said
premises except appurtenances for agricultural uses consistent with
the open space character and intent of this document.
2.B. No advertising of any kind or nature shall be
located on or within said premises.
2.C. Owner shall not plant nor permit to be planted any
vegetation upon said premises except as
control or agricultural uses consistent
agreement. Permitted uses shall includ,
grazing and related activities or other
by the City Council except as otherwise
3.D.
may be associated with erosion
with the provisions of this
__ but not be limited to
agricultural uses permitted
provided in Sections 3.0 and
2.D. Except for the construction, alteration, relocation
and maintenance of public roads and utilities easements, the general
topography of the landscape shall be maintained in its present con-
dition and no topographic changes shall be made.
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VDL ?08 (. PAGE 54$
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2.E. No use of said described premises which will or
does materially alter the landscape or other attractive scenic
features of said premises other than those above specified shall be
done or suffered.
2.F. Owner shall not cut timber, trees or other natural
growth, except as may be approved by the City Community Development
Director for fire protection, or as required for thinning, elimination
of diseased growth and similar protective measures.
2.G. Owner shall not extract natural resources from
said premises except for development of water rights.
2.H. No lot split shall be permitted, except as otherwise
provided herein for 14 acres shown on Exhibit "A ", attached hereto
and by this reference incorporated herein.
3. The following property rights in said property are hereby
excepted from this grant and are reserved to Owner:
3.A. The right to use.and occupy said land shall be
limited to grazing and related activities or other agricultural uses
as approved by the City. No vegetation other than that necessary
for erosion control or permitted for agricultural uses may be planted.
3.B. The right to maintain all existing private roads,
bridges, trails and structures upon said land, and the right to
develop and maintain public and private water sources and systems.
3.C. The open space restrictions on 14 acres noted on
Exhibit "A" are limited to allow three (3) lots and three ( -3) dwelling
units on said area and are subject to the approval of the City and
rezoning of the property.
3.D. An additional exception from the open space restric-
tions shall apply to the four (4) acres on Highway l as" depicted on
DS /AG:ktm -4- 7/11/78
001987 PAGE 549.
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Exhibit "A" to allow intensive agriculture, horse stables, and care-
taker's residence subject to the issuance of appropriate permits.
4. Land uses permitted, or reserved instrument shall be
subject to the ordinances of City regulating the use of land.
5. This easement shall remain in effect in perpetuity.
6. Notwithstanding any provisions herein, -this grant of an
open space easement shall in no way restrict the
nor the right of the Owner to permit construction
facilities installed, or to be installed, for the
land which is the subject of this grant, provided
are installed, or to be installed, pursuant to an
the City Council.
construction of,
of, public service
benefit of the
such facilities
authorization of
7. This grant may not be abandoned by City except pursuant
to all of the provisions of Section 51061 of the Government Code of
the State of California.
8. This grant of open space easement, as specified in
Section 510.6,4 of the Government Code of the State of California,
upon execution and acceptance in accordance with Chapter 6.5 of
Part 1 of Division 1 of Title.5 of the Government Code of the State
of California commencing with Section 510501' shall be deemed to be
an enforcible restriction within the meaning of Article XXVII,I of
the Constitution of the State of California.
9. The.trust deed beneficiaries and mortgagees, if any,
listed on the Lot Book Report referred to above, and whose signatures
are affixed hereto, do hereby assent to this grant of an open space
easement and, further, do hereby subordinate their respective interests
to the restrictions imposed by this grant.
DS /AG:ktm -5- 7/11/78
LVOL2087 PAGE 556
10. Land uses permitted or reserved to Owner by this grant
shall be subject to the ordinances of City regulating the use of
land provided, further, that lot splits shall be prohibited, except
as provided in Section-3.C.
11. The terms contained herein shall be binding on the parties=
hereto and their successors and assigns.
12. This open space easement shall be effective upon the
effective date of annexation to the City of 199 acres known as the
"Ferrini Annexation" described on Exhibit "B ".
IN WITNESS WHEREOF, the parties hereto have executed this
document on the day and year first above written.
OWNERS:
Felton A. Ferrini
Marlene A. .Frazier
Notary:
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-6- 7/11/78
PACE 55
vaL20�7 1!
ATTEST:
Approved as to f rm:
City Attorney Allen Grimes
CITY OF SAN LUIS OBISPO
A Municipal Corporation
By
Approved as to content:
by Dan Smith, Senior Planner
DS /AG:ktm -7- 1 7/11/78
L VOL 2087 PAGE 553
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`. 40
Ferrini Annexation Description.
A parcel of land beinq a portion of the Northeast -4 of Section 21 and the
Northwest '4 of the Northwest '4 of Section 22, T.30S., R.12E., M.D.M.,.San Luis
Obispo Cou►.aty, Cali=fornia, described as follows:
Eeginning at the ?a corner common to said Sections 21 and 22 and running along
the �:est .line of the Southtivest % of the florth�vest 14 of said Section 22 North 00
12' 00 ". East, 616.20 feet more or less to a point on the vesterly line of Tract
460 as shovm on map filed for record in Book 8 at Page 39.of Maps in the office
of the San Luis Obispo County Recorder.; thence running along said westerly line
North 27° 10' 00 ".West, 292.79 feet more or less to the most westerly -corner of
said Tract 460; thence continuing along said (westerly line North 62° 50' 00" East,
151.55 feet more or less to the said west line of the Southwest -4 of the Northwest
'a of said Section 22; thence continuing along said west line, North 0 °'12' 00"
East, 374.12 feet more or less to the Northwest corner of the Southwest 4.of the
Northwest % of said Section 22; thence East, 1320.00 feet more or less to the
Northeast corner of the Southwest 4 of the Northwest 24 of said Section 22; thence
running along the East Iine.o:f the Northwest ' -a of the Northeast of said Section
22. North 0° 08' 30" tdest, 859.30 feet more or less to a point on the westerly
right -of -way line of California State Highti. -ay 05- SLO -01; thence following said
westerly right- of -v,ay line North 44° 31'.30" West, 33.89 feet more or less to a
point; thence continuing along said right -of -way line North 58° 33' 30" West, 33.84
feet; thence continuing along said right -of -way line North 45 °.07' 30" West, 632.54
feet more or less to a point on the north line of said Section 22; thence along said
north line North 890 53' 20" West, 829.05 feet more or less to the Northwest corner
of said Section 22; thence along the north line of said Section 21 !JEST, 2640.00
feet more or less to the Northwest corner of. the Northeast 14 of said Section.21;
thence SOUTH 2640.00 feet more or less to the Southwest corner of the Northeast
of said Section 21; thence EAST 2640.00 feet more or less'to the '4 corner comm on
to said Section 21 and Section 22 and to the true point of beginning. .Containing
199 acres more or less.
Except 51 acre portion zoned R -1 P.D. thereof awned by Owner and shown in white
on Exhibit "A".
F;u
19 LI
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C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed
by the Open Space Easement dated July 11 ,
19 , from Felton A. Ferrini and Marlene A. Frazier
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the
City Council pursuant to authority conferred by Resolution
No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002,
Official Records, Page 292, San Luis Obispo County, California,
and the Grantee consents to recordation thereof by its duly
authorized officer or his agent.
Date: July 20, 1978
C
B
ATTEST:
'l
. Fitzpatrick, City Clerk
END OF DOCUMENT VOLV87 PACE 556