The URL can be used to link to this page

Home My WebLink AboutD-1381 Apn 001-014-0026 (764 Mission Street) Recorded 08/12/1992Doc no. 1992 - 055520 Recorded Official Records County of San Luis Obispo FRANCIS M. COONEY Recorder 08/12/1992 09:34 @@ [ 5] RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo City Clerk's Office P.O. Box 8100 (990 Palm Street) San Luis Obispo, CA 93403 -8100 • Rec no. 102 NF TOTAL 1 11 NO RECORDING FEE - EXEMPT OPEN SPACE EASEMENT This indenture, made and entered into this o2' day of 1992 , by and between Charles E. and Jane Margaroli, herei after alle 'owner ", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the ate of lifornia, hereinafter called "City ". WITNESSETH WHEREAS, Owner possesses certain property situated within the City of San.Luis Obispo, described as Lot 9 of Block 17, Anholm Addition, commonly known as 764 Mission Street (Assessors Parcel Number: 001 -014- 0026); and WHEREAS, the creek running through the subject property has certain natural scenic beauty, wildlife habitat value, and existing openness, and this creek plus its required buffer area are more particularly described in Exhibit "A" attaohed hereto and made a part of this easement by reference; and WHEREAS, an irrevocable offer of dedication of an open space easement was required as a condition of architectural review permit no. ARCmi 102 -92 , allowing an addition to an existing house WHEREAS, both Owner and City desire to preserve and conserve for the public benefit and the natural scenic beauty and. existing openness, natural condition and present state of use of the subject property; and WHEREAS, the Owner has offered to dedicate the subject easement to preserve the site's scenic beauty, wildlife habitat value, and existing openness by restricting Owner's use of and activities on subject property through the imposition of a perpetual open space easement with conditions hereinafter expressed; and VOL 3936PAGE WHEREAS, the Owner is willing to grant the perpetual open space on the - subject property, as part of a development approval. NOW THEREFORE, in consideration of the subject property and in compliance with Chapter 6.6 of' Part I 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 of the substantial public benefits to be derived therefrom, the parties agree as follows: 1. Owner hereby grants to City, an open spa_ ce easerent over that portion of the subject property described in Exhibit A. Said grant of open space easement conveys to City, an estate and interest in that portion of the subject property. The nature, character and the extent 'of the open space easement is as described below, and results from the restrictions hereby imposed upon the use of the Suy,; k t N' 'NCrty %y.C�� per. Tu tl �a� erlu, and for the purpose of accomplishing the intent of the pastas hereto, , Owner covenants on behalf of itself, its heirs, successors and assigns, with the City, its heirs, successors and assigns, to do and refrain from doing severally and collectively upon the subject property, the various acts hereinafter mentioned. 2. The restrictions hereby imposed upon the use of the subject property by Owner and the acts which owner shall refrain from doing upon the subject property are, and shall be, as follows: 26 D 1381 VOL 3936PACE 2 a. No structures will be placed or erected Upon said premises. If desired, see - through fencing appropriate.to open space preservation may be allowed if approved by the city's Architectural Review Commission. b. No signs, billboards, similar structures or devices, or advertising of any kind or nature shall be located on or within the subject property. C. Owners shall not plant nor permit to be planted any vegetation upon the subject property, except as may be associated with erosion control, fire protection, soil stabilization, or as allowed and approved by the city's Community Development Director or Architectural Review Commission. Any such vegetation shall be compatible with riparian areas, and preferably native. d. The general topography of the subject property shall be preserved in its natural condition. No grading shall be allowed. e. No extraction of surface or subsurface natural resources shall be allowed. f. No removal of natural vegetation shall be allowed except for_ fire protection or elimination of dead growth as approved by the Community Development Director. 3. This easement shall remain in effect in perpetuity. 4. This grant may not be abandoned by the City except pursuant to all of the provisions of Section 51093 of the Government Code of the State of California. 5. This grant of open space easement, as specified in Section 51096 of the Government Code of the State of California, upon execution and acceptance 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 within the meaning of Article XIII, Section 8 of the Constitution of the State of California. 6. Land uses permitted or reserved to the owner by this grant shall be subject to the ordinances of City regulating the use of land. 7. The terms contained herein shall be binding on the parties he^4re,to and their heirs, successors and assigns. " as of 7 -v- a- rya 8. All existing structures, plants, trees and garden :- _remain. Also decking & IN WITNESS WHEREOF, the parties hereto have executed this document on the parking. day and year first above written. ALL SIGNATURES MUST BE NOTARIZED Owner Charles E.Aargaroli da Jane A. Margaroli date I City of San Luis bis o by Community Devel6iakent Director Arnold B. Jonas VOL 3936PAGi 2� F �•1 1 State of California } County of San Luis Obispo } On August 12, 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. I rif Y� Fl. P\ rX&L Diane R. Stuart, Not ry Public Capacity claimed by signer(s): Political Agency Open Space Easement Re: 764 Mission Street fo -r :A t State of California } County of San Luis. Obispo } On July 21, 19 92 , before me, James M. Steitz .,-Notary Public, personally appeared Charles E. and Jane A Margaroli ( personally known to me - or -O proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. s N Abte rWMhW otary Public LWus 19. 101— SAM LO C08E+0 COM Capacity claimed by signer(sl: (x) individual(s) ( ) corporation ( ) partnership ( ) attorney -in fact ( ) political agency VOL 3936PACE 2f i A-iz--f-A To S O 5 0 x m 0 :" N �iJ X-VA L- ST Tim I..- r_-�f,H F--T LA+4 OJ4I.Y. 17i1�lEl,Kto�lS SHoWij AIZE. aPYFox l KAT l / A Vii, / E Is-p N-1 / spAG> =7o - Tl� o MISSIOIJ ST. MARGAROLI RESIDENCE ADDITION 764 MISSION STREET OPEN SPACE CREEK EASEMENT per ARCmi 102 -92 PNn OF DOCUMENT t2ot 1 -z2 -92 VOL 3936PAGi I