HomeMy WebLinkAboutD-1179 Ferrini Annex, Area Tract 1182 Recorded 07/05/1984., 19
RECORDING REQUESTED BY
When recorded, return to:
CITY CLERK"!- S_.OFFI_CE
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93406;
DOC NO 35628
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
JUL 51984
FF^.r NCIS M. COONEY
County Clerk- Recorder
utrr N ZWPI -r, WiZ)VOIC NT TIME 2 3 5 PM
This indenture, made and - entered into this 19th day of June, 1984,
by and between FELTON A. FERRINI and MARL NE A. FRAZIER, hereinafter
called "Owner" and THE CITY OF SAN LUIS OBISPO, a municipal 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 requested annexation of 199 acres to the City
with the intent that 51 acres would be allowed to develop with 86 single
family home sites and that the remaining 148 acres beyond the City's urban
reserve line would be preserved in its present scenic beauty and existing
openness by the restricted use and enjoyment of said property by the Owner
through the imposition of a perpetual open space easement with conditions
hereinafter expressed; and
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vo! 2611PAGE392
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 prezoning the 51
acre development area "R -1 Planned Development" subject 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 mortgages, if any, under
prior recorded deeds of trust and mortgages on the subject property.
WHEREAS, the Owner has previously granted an open space easement for
the subject property by instrument dated June 11, 1978 and which
instrument was recorded on July 21, 1978 as document 35130 in the official
records of San Luis Obispo County in Volume 2087, page 546 et seq; and
WHEREAS, it has come to the attention of Owner and City that certain
prodcedural irregularities may have occurred in the granting, acceptance
and recordation of the above - mentioned previously recorded open space
easement; and
WHEREAS, it is the desire of Owner and City to correct and rectify
any errors that may exist as a result of said procedural errors involving
the previously recorded open space easement.
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VOL 2611 PAGE393
NOW, THEREFORE, in consideration of the premises and 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
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 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. Tb 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 the intent of this document.
2.B. No advertising of any kind or nature shall be located on
or within said premises.
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VOL 2611 PAGE394
2.C. Owner shall not plant nor permit to be planted any
vegetation upon said premises except as may associated with erosion
control or agricultural uses consistent with the provisions of this
agreement., Permitted uses shall include but not be limited to grazing and
related activities or other agricultural uses permitted by -the City
Council except as otherwise provided in Sections 3.C. and 3.D.
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 condition
and no topographic changes shall be made.
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 develoment 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:
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VOL 2611 PAGE 395
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 a maximum of three (3) lots and three (3)
dwelling units on said area.subject to the approval of the City and
rezoning of the property.
3.D. An additional exception from the open space restrictions
shall apply to the four (4) acres on Highway 1 as depicted on Exhibit "A"
to allow intensive agriculture, horse stables, and caretaker's residence
subject to the issuance of appropriate permits.
4. Land uses permitted, or reserved by this instrument shall be
subject to the ordinances of City regulating the use of land.
5, This easment shall remain in effect in perpetuity.
6. Notwithstanding any provisions herein, this grant of an open
space easment shall in no way restrict the construction of, nor the right
of the Owner to permit construction of, public service facilities
installed, or to be installed, for the benefit of the land which is the
subject of this grant, provided such facilities are installed, or to be
installed, pursuant to an authorization of the City Council.
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VD! 1W 9611PAGE396
7. This grant may not be abandoned by City except pursuant to all
of the provisions of Section 51090 of the Government Code of the State of
California.
8. This grant of 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 to be an enforceable restriction within the
meaning of Article XIII Section 8 of the Constitution of the State of
California.
9. The trust deed beneficiaries and mortagees, 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.
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 approval
and acceptance of City in accordance with the provisions of Government
Code Section 51083.
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V 0 1- 2. 6 11PAGE397
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VOL 12611 PAGE 398 •
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' Fer,rini Annexation Description. +
A parcel of land being a portion of the Northeast !s of Section 21 and the
Northwest !; of the f•lortlla:est !s of Section 22, T.30S., R.12E., M.D.M., San Luis
O'.bispo County, California, described as folio,.-IS:
Beginning at the !a corner common to said Sections 21 and 22 and running along
the : -:est line of the South.iest ' of the florthv.,est '-; of said Section 22 North 0°
12' 00" East, 616.20 feet more or less to a point on tfre t•:esterly line of Tract
460 as sho:•:n on nrap filed for record in Gook 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" Nest, 292.79 feet more or less to the most westerl y 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 Sorithwest '; of the llortfr.•rest
!s of said Section 22; thence continuing along said I'les.t line, North 00 12' 00"
East, 374.12 feet more or less to -tile Northwest corner of the Soi,tfl,••:est ij of the
Northwest % of. said Section 22; thence East, 1320.00 feet more or less to the
Flortheast cor►jer of the Southwest a of the North:•:est is of said Section 22; thence
running along the East Iine.of the Northwest is of the 11ortheast 1a of said Section
22. North 00 08' 30" test, 859.30 feet more or less to a point on the westerly
right of -Tray line of California State Highway 05- SLO -01; thence following said
westerly right- of -a: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 5 °° 38' 30" West, 33.84
feet; thence continuing along said right -of -way line North 45° 07' 30" !-lest, 632.54
feet more or less to a point on the north line of said Section 22; thence along said
north line North 891 53' 20" West, 829.05 feet more or less to the Northt•:est corner
of said Section 2.2; tfience along the north line of said Section 21 .;EST, 2640.00
fe 1:101-e et �or'e or less to the (10t1.,- tilvlest corner of the Northeast ', of said Section 21
thence SOUTH 2640.00. feet more or- less to the Southwest corner- of the Northeast !z
of said Section 21; thence EAST 2640.00 feet more or'less to the 'a corner- common
to said Section 2.1 and S'ec_tion 2.2 and to the true point of beginning. Containing
199 acres more or less.
Except 51 acre Portion zoned R -1 P.D. thereof owned by Owner and shown in White
on Exhibit "A ".
F
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VOL 2W611 PAGE 399
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IN WITNESS HWEREOF, the parties hereto have executed this document
on the day and year first above written.
Notary:
UZERS
e ton A. Ferrini
Marlene A. Frazie
CITY OF SAN LUIS OBISPO
a municipal corporation
VD! 2611 PAGE 400
OAS
PAMELA
• '._._ �.'
yes
UZERS
e ton A. Ferrini
Marlene A. Frazie
CITY OF SAN LUIS OBISPO
a municipal corporation
VD! 2611 PAGE 400
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CAT. NO. NNO0627
TO 1944 CA (7 -82)
(Individual)
•
QTRLE INSURANCE
AND TRUST
STATE OF CALIFORNIA w 19WR WMPANY j
COUNTY OF San Luis Obispo 1 SS.
On June 26, 1984
before said State, personally appeared Felton A. Ferrin me, the undersigned, a Notary Public in and for
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person_ whose name is subscribed to the
within instrument and acknowledged that he exe-
OFFICfAL SEAL
cuted the same. ,i'�' MARILYN PERRY
WITNESS my hand and official seal. ��' a' Notary Pubsc.nah#
•
Signature
STATE OF CALIFORNIA ))
COUNTY OF Fresno 1 SS.
orma
Principal Office In
San Luis Obispo County
My Gomm. Exp, Aug. 12, 1987
(This area for official notarial seal)
INDIVIDUAL ACKNOWLEDGEMENT
On June 2S, 1984
�— before me
County and State y a , the undersigned, a Notary Public in and for
personal) appeared Marlene
personally known to me (or A Frazier said
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument
same, executed the FOR NOTARY SEAL OR STAMP
UAR
Signature
Marva McWilliams
BA 270 (7182)
Name (Typed or Printed)
FL:PLIC. i e h
wo.'01 y r .E I N FRESNO COUNTY M Commission Expires Aug. 2, 1985
- �DL 2611 PAGE 46f
i r
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 June 19 , 1984, from Felton A Fe --r;n; anti
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 of his agent.
Date: July 3, 1984
CITY OF SAN LUIS OBISPO
END OF DOCUMEAIT
VOL 2611 PAGE 402