HomeMy WebLinkAboutD-1374 Willow Circle Recorded 09/13/1990N
Recording Requested by: jllp R• APN #: 53- 071 -13
Doc. No. 63368
Donald R. Hubbard OFFICIAL RECORDS
153 North Broad Street SM LUIS OBISPO CO.. CA �
San Luis Obispo, CA 93401 �'_
When Recorded, return to:
SEP 131980
FRANCIS M. GOONEY
City Clerk C until Cb*-Rew-idw
City of San Luis Obispo TIME 8:00AIM
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
OPEN SPACE AND PEDESTRIAN ACCESS EASEMENT
This indenture, made and entered into this %IV day of &N! , 192p,
by and between THOMAS R. PATTERSON, PAULA E. PATTERSON, DONALD R.
HUBBARD, AND MARLAINE S. HUBBARD, hereinafter called "Owners" and THE
CITY OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City."
WITNESSETH:
WHEREAS, Oirner 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," and more particularly described in
Exhibit A and 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 has requested approval of Tract 1672, an eleven lot
residential development of which 0.571 acres 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 and pedestrian access easement with conditions
hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and Final Tract Map
for said development as required by City ordinance; and
WHEREAS, the City approved said plans and Final Map including a grant
to the City of a perpetual open space and pedestrian access easement on
a portion of said property, and
WHEREAS, the Owner is willing to grant the perpetual open space and
pedestrian access easement on said 0.571 acres as a part of the
subdivision approval and be responsable for the maintenance thereof; and
IS 7Y
VOL 3578PAGE 58
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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 Suction 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 and pedestrian access
easement in and to the property described in Exhibit A and 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. 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 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 propc:cty 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 document.
b) No advertising of any kind or nature shall be located on or within
said premises except for one project identification sign as approved by
the City Community Development Department.
c) Owner shall not plant nor permit to be planted any vegetation upon
said premises except as may be associated with erosion control
consistent with the provisions of this agreement or as otherwise
approved by the City Community Development Director.
d) Except for the construction, alteration, relocation and maintenance
of trails and utility easements, the general topography of the landscape
shall be maintained in its present condition and no topographical
chanaes 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 or diseased growth
vot 3578 PAGE 59
i
and similar protective measures.
g) Owner shall not extract natural resources from said premises except
for development of water rights.
h) Solid fencing within the open space shall not be allowed. Fencing !'
design shall be 'appropriate to open space preservation and shall be
approved by the Director of Community Development of the City of San
Luis Obispo.
3. Land uses permitted, or reserved by this instrument shall be I.
subject to the ordinances of City regulating the use of land. I;
4. This easement shall remain in effect in perpetuity.
5. The City shall have the right to construct public trails and
related improvements reasonably necessary for the public use and
consignment of the open space easement, and be responsible for the
maintenance of the public trails.
6. The City shall have the right, at its discretion, to clean, grade,
or otherwise maintain the creek bed for flood control or drainage
purposes.
7. This grant may not be abandoned by the City except pursuant to all
of the provisions of Section 51061 of the Government Code of the State
of California.
8. This grant of open space easement, upon execution ar.-2 acceptance
in accordance with 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 restricticn with the meaning of Article
XXVIII of the Constitution of the State of California.
9. The trust deed beneficiaries and mortgagees, if any, listed on the
Preliminary Title 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 interest to the
restrictions imposed by this grant.
110. The terms contained herein shall be binding on the parties
hereto and their successors and assigns.
11. This open space easement shall be effective upon the effective
date of recordation of Tract 1672.
TN WITNESS WHEREOF, the parties hereto have executed this document on
the day and year first above written.
VOL 3578PAGE 60
OWNERS:
Z �
Thomas R. Patterson
4.4- 6
Paula E. P4ttergQn
Donald R. Hubbar
5"��z
Marla ne S. Hubbard
SAN LUIS OBISPO
Arnold Jonas) eimunity Developmen
Attachments
Legal description, Exhibit A
Easement map, Exhibit B
Title report
Y,.tz —fie
Date
-21 —yo
Date
Q> -A '� U
Date
PI.:•So
Date
�L�!�
for Date
VOL 3578 PAGE 61
STATB OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO. se.
in the year p before me R na R. StI,1Tt_
On this 28th day of August . y �� — - - -
Notary Public- --- ------- personally appeared Arnold B Jonas , known to me
to be Ste" Dem nirlar_trjr of the city of San Luis - Obispo . and known to
me to be the person who executed the within instrument on behalf of said public
corporation, agency orIpolitical subdivision, and acknowledged to me that the City of
San Luis Obispo - ----- executed the same.
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WORM PUMA -CAUP00"
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(SEAL) ftmm = MR 216 Im ;
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Diane R. Stuart, Notary Pub Co
#%auanAi Ae- 1eUnWLE13eMENT No. go
Stateof -California On this the 21 day of August 19 90 before me,
SS.
Countyof San Luis Obispo
the undersigned Notary Public, personally appeared
Donald R. Hubbard and Paula E. Patterson
,ap RR �FRITnt Fl
XJ personally known to me
"my pubr.-Cw2lamils
ONWOOMMOMMV C1 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
b► Cm E14L ON within Instrument, and acknowledged that they executed It.
WITNESS my hand and official seal.
Not 's Signature
mo In
GENERAL ACKNOWLEDGMENT
State of
SS.
County of San Luis Obs ipo
j
OFFiCK SEAL
JUDITH R FFUTZINGM
301 U1160tlIEP'000LNIfy
AIA► Oanan. Pxp. hlq sA 11�
71 le IZl
...� .. ...I„e r..,.. anal . P.o. &M 4M a W= ft qft CA 9+3V
No. so+
On thls the 22 day of August 192-0. before me,
the undersigned Notary Public, personally appeared
Marlaine S. Hubbard and Thomas R. Patterson
& personally known tome
f I proved tome on the basis of satisfactory evidence
to be the person(s) whose name(s) are _eubscribed to the
within Instrument, and acknowledged that they executed It.
WITNESS my hand and official seal.
N 's atu
Signre 7J
NATIONAL NOTARY ASSC.CI.ATION • 21.012 ~trre Blvd.. P.O. VOL 3578 PAGE 62
THAT PORTION OF LOT 11
FILED IN BOOK i5 AT
LUIS OBISPO, COUNTY
DESCRIBED AS FOLLOWS:
•
E X H I B I T A
LEGAL DESCRIPTION
AND LOT 10 OF TRACT NO. 1672 AS SHOWN ON MAP
PAGE qjp_ OF MAP BOOKS IN THE CITY OF SAN
OF SAN LUIS OBISPO, STATE OF CALIFORNIA
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID TRACT NO. 1672, SAID
POINT BEING A 1" I.P. AND TAG "RCE 3041211: THENCE NORTH 33° 341 46"
WEST ALONG THE NORTHEASTERLY RIGHT OF WAY OF BULLOCK LANE 34.02
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING
A RADIUS OF 20.00 FEET; THENCE LEAVING THE RIGHT OF WAY LINE OF
BULLOCK LANE AND PROCEEDING NORTHEASTERLY ALONG THE SOUTHERLY RIGHT
OF WAY OF WILLOW CIRCLE ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 890 56' 53" AND AN ARC DISTANCE OF 31.40 FEET TO
THE BEGINNING OF A TANGENT REVERSE CURVE, CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 152.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC
OF SAID CURVE THROUGH A CENTRAL ANGLE OF 270 20' 21" AND AN ARC
DISTANCE OF 72.53 FEET TO A TANGENT LINE; THENCE NORTH 290 01' 46"
EAST, 40.02 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 88 FEET; THENCE NORTHEASTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 290 22' 47"
AND AN ARC DISTANCE OF 45.12 FEET TO THE BEGINNING OF A TANGENT
REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 442.00 FEET;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 90 40' 20" AND AN ARC DISTANCE OF 71.24 FEET TO A TANGENT
LINE; THENCE NORTH 480 44' 13" EAST, 96.66 FEET TO A POINT; THENCE
LEAVING THE SOUTHEASTERLY RIGHT OF WAY OF WILLOW CIRCLE NORTH 500
18' 08" EAST, 143.43 FEET TO INTERSECT THE SOUTHEASTERLY BOUNDARY
LINE OF SAID TRACT NO. 1672; THENCE SOUTHEASTERLY ALONG SAID
BOUNDARY LINE THE FOLLOWING 5 COURSES AND DISTANCES: SOUTH 280 51'
28" WEST, 156.77 FEET; THENCE SOUTH 490 35' 28" WEST, 80.49 FEET;
THENCE SOUTH 43° 29128" WEST, 102.61 FEET; THENCE SOUTH 410 51' 28"
EAST, 103.33 FEET; THENCE SOUTH 560 26' 28 1"WEST, 59.39 FEET TO THE
POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 0.571 ACRES.
VOI. 57 S PACE 63
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E 3578mGE 64
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This is s true and correct copy of the record 0-k
bears an embossed seat and is printed in purple
ink. AY 2 0.1992
Francis M. y, erkie
C corder
Deputy ®n -lu i ispo Co, Caifomia