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-;