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Home My WebLink AboutD-1258 Tract 1259 Recorded 12/29/1986REC0RDI1RQUR "1k -INS- Alx Ma � j � LLCC WHEN RECORDED RETURN TO: City Clerk City of San Luis Obispo P 0 B ox 8100 Doc. _I0.86.416 'OFFICIAL RECORDS SAN LUIS OBISPO. CO. CA DEC 29 ism FRANCIS M. COONEY COunty Clerk= Recorder TIME 'no AM San Luis Obispo, CA 93 403- 8 1 00OPEN SPACE EASEMENT APN 01- 081 -10 73- 361 -01 This indenture, made and entered into this -1 th\'day of December, 1986, by and between ALEX and PHYLLIS MADONNA, hereinafter called "Owner" and THE CITY OF SAN LUIS OBISPO, A municipal corporation of the State of California, hereinafter called. "City ". Whereas, Owner posesse.s certain property situated adjacent to and within the City, hereinafter described as the subject property ", and more particularly described and shown on the attached "Exhibits A & B ", and Whereas, the subject property has certain natural scenic beauty and existing openness, and Whereas, both the Owner and the City desire to preserve and conserve for public benefit the natural condition and present character of said property of the Owner, and Whereas, the Owner has offerred the "Not A Part" parcel adjacent to Tract No. 12.59 containing 24.5 acres, more or less, and more specifically shown on Exhibit "A" and all of the individual lot areas with slopes greater than thirty percent (30 %) within said tract, containing approximately 1.5 acres and more specifically shown on Exhibit "B the combined total of 26.0 acres as a permenant open space easement to the City with conditions hereinafter expressed, and 17,1;; Whereas, the Owner has supplied the City with a title 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 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 anopen space easement in and to the property-described in "Exhibits A & B ", said grant of open space easement'conve.ying 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 themselves, their heirs, successors and assigns with the City, its successors and assigns to do and refrain from doing severally and collectively upon Owners' property the various acts hereinafter mentioned. VOL 2931 PAGE S17t 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: A. No buildings or structures will be placed or erected on said premises except as permitted hereinafter, without the approval of the City Council. B. Fencing appropriate to open space preservation shall be approved by the City's Architectural Review Commission, if proposed by the Owner. 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 vegetation upon said open space area except for erision control, fire protection and soil stabilization or as allowed and approved by the City Community Development Director. 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. 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 in the title report referred to above, and whose signatures are affixed to the map recorded concurrently with this document, by execution 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 provided, 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 recordation of Tract No. 1259. VOL 2931 PAGE 818 .V • r IN WITNESS WHEREOF,the parties hereto have executed this document on the day and year firs above written. aTTES V,- CI�Y CLERK PAMELAOVOGES STATE OF California } COUNTY OF San Luis Obispo j SS. CIAL 003 E. SKOW z ✓' 610T:aRY PtiC:tC- CAUFORl1{ PrARMPA iL- GFHCE IN My Commission SAN MS CSiSPO COURYY Expkm J* W. 1969 ACKNOwLEHVENT- 6eneW— Woleoth Fenn 931-4n. 384 OWNERS: ALEX M DONNA PHYIV,IS MADONNA CITY OF SAN LUIS OBISPO: AYOR R DUNIN ON December 4 r lg 86 II before me, the undersigned, a Notary Public in and for said State, personally appeared Alex Madonna and Phyllis Madonna _ known to me, to be the person -s- whose names are subscribed to the within Instrument, and acknowledged to me that —:4ie-Y- executed the same. WITNESS my hand and official seal. Notary Public in and for said State. VOL 2931 PAGE 819 V NI R � flu Awl C � rn M f }p CP v$ 0 'xo% M N4b \e Q C r d a .An 6-q 4 9 TM V / P w � o N 7 w �% ` w 1 L� CM 1$1-f "A" - Oft SPAff EAhEMEUT A. MROOtAlh TD GITt OF 5k11 0315 D6lSPo DE(EM P�E2 198b f LCNT1Za.L LoaST MJUMIM4 39O 60CKdt`i eu. SAN LUIS Obispo, CAA 134.01 CbA S44.3L1B E- 1221 VOL 2931PAGES20 PSI:�- � a� y ; WN N O y U ; 9 11111' =fiT� � . reu �JN e 4 t R 0 1i `�81s Ms i�fsiQ IS �r o 0� t 6� bi E k ? . r Ii Ilk �b CZ 14 In.• 7 R '// 3JN0 �L p' 'IA rye q IC it O M W g,U N O y U ; 9 11111' =fiT� � . reu �JN e 4 t R 0 1i `�81s Ms i�fsiQ IS �r o 0� t 6� bi E k ? . r Ii Ilk �b CZ 14 In.• 7 ~ N . URMIT V b9E1j spi Ce iEA,bE mEwT A . MNOWUA -M CM OF f7xva W15 091,590 �C,EMRE2 ►q8b r O s • o e Z ik a a e Ea � ceNTEAL C0MI EM61UEMOS 3% WaV RD. - PAM I.t)K 08isro, cA 4340 LbW 6 4 -32.�b VOL 2931 PAGE 821 R '// 3JN0 �L p' 'IA rye q IC it O M ~ N . URMIT V b9E1j spi Ce iEA,bE mEwT A . MNOWUA -M CM OF f7xva W15 091,590 �C,EMRE2 ►q8b r O s • o e Z ik a a e Ea � ceNTEAL C0MI EM61UEMOS 3% WaV RD. - PAM I.t)K 08isro, cA 4340 LbW 6 4 -32.�b VOL 2931 PAGE 821 E 1227 Those portions of the northwest quarter of Section 25, Township 30 South, Range 12 East, Mount Diablo Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the Official Plat thereof, described as follows: Parcel 1 That portion of said Section 25 conveyed to .A. Madonna by deed dated April 11, 1950, and recorded May 1, 1950, in Book 562 of Official Records at Page 4.96, in the office of the Recorder, County of San Luis Obispo, lying southeasterly of the following described line: B e g i n n i n g at a point on the southeasterly boundary of said parcel, said point being South 39 °22'20" West, a distance of 73.98 feet from an iron pipe as shown on that plat recorded at Book 5 of Deeds of Survey at Page 18, in the office of said County Recorder; thence, departing said boundary North 56 °17'20" East, a distance of 143.23 feet to an iron pipe; thence, North 20 °03'56" East, a distance of 58.48 feet to an iron pipe; thence, North 0 °39' 59" East, a di stance of 100.00 feet to an iron pipe; thence, North 59 °27'20" East, a distance of 466.92 feet to an iron pipe; thence, North 2 °26' 56" East, a distance of 285.11 feet to an iron pipe on the northwesterly boundary of said parcel, said point also being 'on the southerly boundary of California State Highway 101 as shown on said record map. Parcel 2 That portion of Lots 1 through 4, 6 through 8, and 10 through 17, of Tract 1259 filed for record in the Office of the Recorder of the County of San Luis Obispo, labeled "Open Space Easement" upon said plat. A 2931 PAGE 822- 1. 0 0 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 December 16 Phyllis Madonna 19 86, from Alex Madonna and 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. 5370 (1984 Series), recorded June 15, 1984, in. Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: CITY OF SAN LUIS OBISPO By Ron Dunin, Mayor ! �AT-.. ;ST': -``Pam la Votes, City erk P END OF DOCUMENT Vol. 2931 PAGE 823