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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 E • 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. Ili a 8TUAff WORM PUMA -CAUP00" " (SEAL) ftmm = MR 216 Im ; \ i L v li 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 N V O C.i Q Lki 11 • 11 I11 I � () V 3� h q Q w �Q� Z cc W W 4 0 4 W w w •w w e x w Z W W H W a J v cc WC44 ti ti h w a s N N c� :1 __ t ---------- END OF DOCUMEA1. 81Vb1 X07108 E 3578mGE 64 i 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