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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 DS /AG:ktm -2- 7/11/78 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. DS /AG:ktm - -3- 7/�1ry1/78 VDL ?08 (. PAGE 54$ • 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. • 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: DS /AG:ktm -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 • 1 W Z Z < X W z 11 cc LIJ LL -j RECORDER'S MEMO; Legibility of writing, Typing or Printing UNSATISFACTORY In this document when rocoiw L.VOL2087 FADE 554 U) ED Z< U) 0"T < - Lj W I . cr Wx Lij LLJ z 5 < L) <U) O LLI Lu Dc/) Cj)[r Cc LLJ Z< EE(-) LLJ (D < a-00 < ,I- U- CY) 0 .0 -wo I -j RECORDER'S MEMO; Legibility of writing, Typing or Printing UNSATISFACTORY In this document when rocoiw L.VOL2087 FADE 554 ;-ti `. 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 r L; VOL 2087 PAGE 555 , 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