HomeMy WebLinkAboutD-1215 Tract 940 (1541 Andrews Recorded 09/13/1985Recording requested - v: 4sr'American . 4 12.00 R
city of San Luis Obispo . 9/13%653042 8' 2 OF4�
When recorded, return to:
City Clerk, City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
DOC. NO: 0520 59
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CA
SEP ! 3 1985
FRANCIS M. COONEY
County.Cledc- Recorder
TIME 6:00 AM 01-04911¢
OPEN -SPACE EASEMENT
This indenture, made and entered into this 3rd.. day of
September .,.. 198 5 , by and between ANTHONY WOLFE and SUZANNE D.
WOLFE, hereinafter called "Owner" and THE CITY OF SAN LUIS OBISPO,
a municipal corporation.of the State of California, hereinafter
called "City ".
WITNESSETH:
WHEREAS, Owner posesses certain property situated adjacent
to and within the City of San Luis Obispo, County of San Luis
Obispo, State of California, hereinafter described as "the subject
property ", and more particularly described and shown on the attached
"Exhibit A ".
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 natural scenic beauty and existing open-
ness, natural condition and present state of use of said property
of the Owner; and
WHEREAS, the Owner has offered 95.9 more or less acres of the
"Remainder" portion adjacent to Tract 940 to preserve the scenic
beauty and existing openness by the restricted use and enjoyment
of said property by the Owner through the imposition of a perpet-
ual open space easement with conditions hereinafter expressed; and
WHEREAS, the Owner is willing to grant the perpetual open space
easement on said 95.9 more or less acres as a part of Tract 940 ap-
proval; 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.
1215
VOL 2749PAGE
L
NOW THEREFORE, in consideration of the premises and in com-
pliance with Chapter.6.6 of Part l 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 of.San Luis Obispo an open
space.easement in and to the property - described in "Exhibit A ",
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. 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 re-
frain from doing severally and collectively upon Owner's property
the various acts hereinafter mentioned.
2. The restrictions hereby imposed upon the use of said prop-
erty by Owner and the acts which Owner shall refrain from doing upon
the said property in connection herewith are, and shall be, as follows:.
A. No buildings or structures will be placed or erected on said
premises except as permitted hereafter, without- the approval of the
City Council.
B. Fencing appropriate to open space preservation shall be ap-
proved by the City Architectural Review Commission. Solid fencing
shall not be allowed.
C. No. advertising of any kind or nature shall be located on or
within said premises.
D. Owner shall not plant, nor.permit to be planted, any vege-
tation upon said open space area.(maintenance of existing orchards
excluded) except for erosion control, fire protection and'soil stabli-
zation or as allowed and approved by the City Community Development
Director.
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E. The general topography of the area including.existing road
shall be preserved in its natural or existing condition. No grading
shall be allowed except as permitted by the City Community Development
Director for agricultural purposes.
F. No extraction of natural resources.except for water.
G. No removal of. natural vegetation except for fire protection
or elimination of diseased growth, as. approved by the City .Community
Development Director.
3. This easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by City except pursuant to
all of the provisions of Section 51093 of the Government Code of the
State.of California.
5. The trust deed beneficiaries and mortgagees, if any, listed,
on the Lot Book Report referred to above, and whose signatures are
affixed.to the map recorded concurrently with this document, by exe-
cution of the map, assent to this.grant of an open space easement,
and,.further, do hereby subordinate their respective interests to
the restrictions imposed by this grant.
6. Land uses permitted or reserved to Owner by this grant shall
be subject to the ordinances of.City regulating the use of land pro-
vided, ,further, that lot splits.shall be prohibited.
'7. 'The terms contained herein shall.be binding on the parties
hereto and their successors and assigns.
8. This open space 'easement shall be effective upon the date
of recordation of Tract 940, described'in "Exhibit A "..
VOL 2749 PAGE 58
IN WITNESS WHEREOF, the parties hereto have executed this
document on the day and year first above written.
NOTARY:
OWNERS:
1, -4-
ANTHONY WOLFE
-.4,47
SUZANNE T WOLFt
CITY OF SAN LUIS OBISPO
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STATE OF CALIF ass.
COUNTY OF RNIA -
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said Stateppersonally a
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person(s) whose name(s) is /are sub-
scribed to the within instrument and acknowledged to me that
he /she /they executed the same.
WITNESS my and an fficial seal.
Signature
me, ttW undersigned, a Notary Public in and for
SHERRY WARREN
a NOTARY PUBLIC
SAN LUIS OBISPO COUNTY
CALIFORNIA
MY Commission Expires on December 21, 1887
i
(This area for official notarial seal)
VOL 2749PAGE 60
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- GE�rtoN_oF o�c�! -+
�.. _ "EXHIBI.T A" (.Skq_ej"q
being a plat map showing the open space easement for Tract
940 being a portion of.Section 25 in Township 30 South,
Range 12 East, Mount Diablo Base and Meridian, in the City
of San Luis Obispo, State of California.
Prepared by: - WESTLAND ENGINEERING COMPANY 'VOL 2749PAGE 61
1037 Mill Street, San Luis Obispo, CA 93401
[AnSl_SA_710A 7T..,.. -4- 1 n0G
9T A M E R
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E x h i b i t "A"
That portion of the Northwest quarter and the North half of
the Southwest quarter of Section 2.5, in Township 30 South, Range
12 East, Mount Diablo Base and Meridian, in the City of San
Luis Obispo, County of San Luis Obispo, State of California,
according to the official plat or plats of the survey of said
lands returned to the General Land Office by the Surveyor General,
described as follows:
Beginning at the Southeast corner of the Northeast quarter of
the Southwest quarter of said Section 25; thence West along
the South line of said Northeast quarter of the Southwest quarter
1320 feet to the Southwest corner of said Northeast quarter
of the Southwest quarter; thence North along the West line of
said Northeast quarter of the Southwest quarter to the Northeast
corner of the property conveyed to Maria Callender, et al.,
by deed dated January 31, 1887, and recorded in Book W, Page
20 of Deeds; thence North 64 1/4° West along the North line
of the property so conveyed 6.31 chains to a sycamore tree C4
at the most Northerly corner thereof, said point also being
the Northeasterly corner of the property conveyed to San Luis
Obispo High School District, by deed datd April 5, 1923, and
recorded in Book 160, page 242 of Deeds; thence Westerly along
the Northerly line of the property so conveyed to the most Southerly
corner of Tract No. 30, according to map recorded November 8,,
1939, in Book 5, Page 49 of Maps; thence along the Easterly
Fine of said Tract No. 30 North 24°111 East, 469.98 feet, North
63 °381 West 395.90 feet, North 15 °441 East, 175.80 feet and
South 54 °111 East, 20.15 feet to a point, said point being 29.95
feet South 35 °461 West of the most Southerly corner of the property
in the Record of Survey recorded in Book 4, Page 119, thence
North 35 °461 East 29.95 feet to the most Southerly corner of
the property shown on record of survey map recorded in Book
4, Page 119 of Record of Surveys; thence North 351461 East 220
feet; thence North 54°111 West, 115.35 feet to a point on the
Southeasterly line of Conejo Street as shown on map,_of Tract
No. 43, recorded January 21, 1947, in Book 5, Page 62 of Maps;
thence along the Easterly Iine of Conejo Street on a curve to
the left, 50.12 feet, more or less, to the most Easterly corner
of Lot 4 In Block 1 of said Tract No. 43; thence along the Easterly
line of said Tract No. 43, North 84 °141 West, 150 feet, North
35 °461 East 784.88 feet; North 34 °14' West 241.9.5 feet; thence
VOL 2749 PAGE 62
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North 55 °461 East 675 feet, more or less, to a point on the
Southwesterly line of the property conveyed to William Henry
Nuss, Jr., et ux., as described in Parcel 2 of deed dated June
26, 1945, and recorded September 5, 1945 in Book 379, Page 396
of Official Records; thence South 39 °2212011 East along said
Southwesterly line 770 feet, more or less, to the most Southerly
corner thereof; thence North 71 °421351' East 702.16 feet to the
Westerly Iine of the property conveyed to William Henry Nuss,
Jr., et ux., by deed dated May 28, 1948, and recorded June 30,
1948, in Book 480, Page 1.18 of Off -icial Records; thence along
the Westerly Iine of the property last so conveyed South 80
East 272.01 feet a.nd South 52 °221 East, 196.43 feet to the East
Iine of the West half of said Section 25; thence South along
said East line, 1906.4 feet, more or less to the point of beginning.
EXCEPTING therefrom Lots 1 through 10 and that portion of Andrews
Street lying within Tract 940 in the City of San Luis Obispo,
County of San Luis Obispo, State of California, as shown on
a map recorded concurrnetly herewith in Book L , Page(,-7 of Maps,
In the office of the County Recorder of said County.
The land described herein also being shown as "Remainder" portion
on the above mentioned map of Tract 940.
VOL 2 49PAGE 63
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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 September 3, , 198.5, from Anthony and Suzanne D.
Wolfe
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:-
CITY OF SAN LUIS OBISPO
VOL 2749 ?AGE 64
END OF DOCUMENT