Loading...
HomeMy WebLinkAboutD-1368 1778 Alrita Street Recorded 02/20/1992T- ' ` DOC. NO. 1. ®531. • OFFICIAL RECORDS SAN LUIS OBISPO CO., CA FEB 2 U 1992 8 7 FRANCIS M. COONEY 6 Recording Requested by and County Clerk -Reca. 2 i2 o i 92 9571 3 When Recorded, mail to: TIME 8:00 AM CITY CLERK R C E 1. V E �' -V VE: l- CITY OF SAN LUIS OBISPO P.O. BOX 8100 FE� 4 8 SAN LUIS OBISPO, CA 93403 -8100 - CITY CLERK CLERK Sm LUIS OBISPOR pA OPEN SPACE EASEMENT THIS INDENTURE, made and entered into this 7th day of February , -t 1992 by and between EARLE RAYMOND MURIE, JR. AND MARY RUTH MURIE, hereinafter called "OWNER" and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "CITY." WITNESSTH: WHEREAS, OWNER possesses certain property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, hereinafter described as the "subject property," located at 1778 Alrita Street, and more particularly described as a subdivision of a portion of the NW 1/4 of the SE 1/4 of Section 36, T30S R12E, MD &M in the City of San Luis Obispo, County of San Luis Obispo, State of California, referred to herein as Minor Subdivision MS 89 -039 as filed for record in Book Act at Page 19 of Parcel Maps in the office of the Recorder for said County and by this reference is incorporated herein, shown on 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 great natural scenic beauty and existing openness, natural condition 'r2:OU RF 900 RF 8'.OU R 29.00FATL and present state of use of said property of the OWNER; and Page 1 of 7 VOL 3832PAG[663 J WHEREAS, the OWNER has requested approval to build a 1,744 square foot house on the subject property which includes a total of approximately 12,000 square feet, of which approximately 8,200 square feet would be reserved in its present scenic beauty and existing openness by the restricted use and enjoyment of said property by the OWNER through the dedication of a perpetual open space easement with conditions hereinafter expressed; and WHEREAS, the OWNER of said property submitted plans for said house as required by CITY ordinance; and WHEREAS, the CITY has said plans including a grant to the CITY of a perpetual open space easement on a portion of said property (City Files No: MS 89 -039); and WHEREAS, the OWNER is willing to grant the perpetual open space easement on said property as a part of the development approval; and WHEREAS, the OWNER has supplied CITY with a title Company Preliminary 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 dedicates to CITY an open space easement in the property described in said Final Parcel Map, as described in attached Exhibit "A," said dedication 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 parties Page 2 of 7 VOL 3832PAGE664 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: a. No structure will be placed or erected upon said premises except appurtenances for agricultural uses consistent with the open space character and intent of this Agreement, except for fire protection facilities required and approved by City. said premises. b. No advertising of any kind or nature shall be located on or within C. OWNER shall not plant nor permit to be planted any vegetation upon said premises except as may be associated with erosion control, screening of fire protection equipment, 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. d. Except for the construction, alteration, relocation and maintenance of public roads, trails, public water facilities, and utility easements, the general topography of the landscape shall be maintained in its present condition and no topographical changes shall be made. 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. 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. Page 3 of 7 VOL 3832PAGE665 • • g. OWNER shall not extract natural resources from said premises except for development of water rights. h. No lot split shall be permitted. 3. The following property rights in said property are hereby excepted from this grant and are reserved to OWNER: 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. 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. 4. Land uses permitted, or reserved by this instrument shall be subject to the ordinances of CITY regulating the use of land. 5. This easement shall remain in effect in perpetuity. 6. 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. 7. Upon execution and acceptance, this grant of open space easement, 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 with the meaning of Article XXVIII of the Constitution of the State of California. 8. The trust deed beneficiaries and mortgagees, if any, listed on the Preliminary Title Report referred to above, and whose signatures are affixed hereto, do assent to this grant of an open space easement and, further, do hereby subordinate their respective interests to the restrictions imposed by this grant. Page 4 of 7 Yoe 3832PAGE666 • 9. The terms contained herein shall be binding on the parties hereto and their successors and assigns. 10. This easement shall be effective upon the effective date of recordation. Page 5 of 7 -VO*L 3832PAGE667 IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. EA�-E-RXYMOND .R . ;. Y MURIE BENEFICIARIES: Security Pacific NgEonal Bank Security Pacific National Bank CITY: CITY OFT LUIS OBISPO LIM , Director [ALL SIGNATURES MUST BE NOTARIZED] Page 6 of 7 L 3832PAGE668 State of California } County of San Luis Obispo } On February 7, 1992, before me, Diane R. Stuart, Notary Public, personally appeared Arnold B. Jonas, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. K k P(%F— A k Y Dane R. Stuart, tary Public OFFI owNE R. STUART NOTARY PUBUC - CALIFORNW Capacity claimed by signer(s): Political Agency c mm IS oBISPp COUNTY Expires May 29, 1993 (Document: Murie Open Space Easement) vot 3832PAGE669 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO thi t e �i� day of bey , 1991, before me,j� e ei :Q 1f , the undersigned Ndiky Public, personally appeared EARLE Rrw,^wi MURIE, JR. AND MARY Ro,VIURIE, personally known to m� / ✓ / proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged that they executed it. Witness my hand and official seal. I MIA 401 - 01 W-00owmi's 110 "Al STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On this the day of , 1991, before me, the undersigned Notary Public, personally appeared , and known to me to be the person who executed the within instrument on behalf of said public corporation, agency or political subdivision, and acknowledged to me that executed the same. WITNESS my hand and official seal. NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On this the '7th day of OCTOBER , 1991, before me, JACKIE G. MOORE , the undersigned Notary Public, personally appeared DANA L RY —AND ALLEN JENSEN , X / personally known to me / / proved to me on the basis of satisfactory evidence to be the ASST. MANAGER AND MANAGER of Security Pacific National Bank, who executed the within instrument on behalf on the corporation herein named and acknowledged to me that such corporation executed the within instrument as trustee. Witness my hand and official seal. OFFICIAL SEAL JACKIE G. MOORE ` 'a ?� NOTARY PUBLIC - CALIFORNIA (4P UBLIC SAN LUIS OBISPO COUNTY " My Commission Expires May 8, 1992 Page 7 of 7 0 3832PAGi670 U C n &M,0 a -sumn uc — 9Nly�$ a�� enH CR a-.iU u 11 oi,wri7 D�l,W),• y •W7 ` UWV7 2nOjLo0 O °7 yr g v1 1.0,o v1 U C n &M,0 a �a •y gill a�� enH CR a-.iU MM 2nOjLo0 O °7 yr g v1 1.0,o v1 U � nn � W I p � I =2 re rn i 3 / / / ei� r \ zW h+1 ! W W to = to W ¢n = m z • O G < W ; N W Z� ffZNr{j�; tD :T3 4 O � Z O O / l h IS C n &M,0 a �a •y gill a�� CR a-.iU MM 2nOjLo0 O °7 yr g v1 1.0,o v1 U � nn p W W ,10 .L N A .01'905 M jZ .Si .1 N va.W01C M.00 J bIL______� r U 1Po QZ'6L 153M w .91'6Z 3 ,6Z .[r 10 N h , ` .� cj) Lo O tz e� r W,ej� e 3 h $ -eel N 3 r 'rr N 3-s r'j7 lr h z \% a 0� rn o a � •rte ss � a'N END OF DOCUMENT U a 8 E! M r� n c� W �'• J H !/ U O 4a 4z o �r N ee 4 �� +^ ? `+ a 4 r f _ n e� C^ e� o�aZ w Sit \ e3< \ l ag ro N e =gig agog w W W W W a�oo Lu §§ J N��Np Np Npp WITJ VOL 3832PAGE6 I 1 i ® �p YW N , a 1N' , F o s u s m' W w w L CR a-.iU MM 2nOjLo0 v v1 1.0,o v1 U � nn p W W =2 re rn EamLS $ � h Sr n c� W �'• J H !/ U O 4a 4z o �r N ee 4 �� +^ ? `+ a 4 r f _ n e� C^ e� o�aZ w Sit \ e3< \ l ag ro N e =gig agog w W W W W a�oo Lu §§ J N��Np Np Npp WITJ VOL 3832PAGE6 I 1 i ® �p YW N , a 1N' , F o s u s m' W � � _ �. �� �� - � . -. r-;