The URL can be used to link to this page

Home My WebLink AboutD-1393 Apn 001-104-03 (280 Almond Street) Recorded 04/27/1993• 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 Doc No:-19'0',-023312---- Official Records San Luis Obispo Co. FRANCIS M. COONEY Recorder Apr 27, 1993 Time: 11:23 e ( a] OPEN SPACE AND DRAINAGE EASEMENT Rec No: 27208 RF 14.00 TOTAL 14.00 This indenture, made and entered into this 13�ffi day of ADri 1993, by and between James R. Dee Jr. and Patricia Dee, hereinafter called "owner ", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City ". WITNESSETH WHEREAS, Owner possesses certain property situated within the City of San Luis Obispo, Lot 9 of Block 10 of Anholm's Addition, as recorded in Book 3 of Maps at Page 91, commonly known as 280 Almond Street (Assessors Parcel Number: 001- 104 -03) . WHEREAS, the creek running through and adjacent to the subject property (Old Garden Creek) has certain natural scenic beauty, wildlife habitat value, and existing openness, and this creek is more particularly described in Exhibit "A" attached hereto and made a part of this easement by reference; and WHEREAS, an irrevocable offer of dedication of an open space and drainage maintenance easement was required as a condition of City approval of Administrative Use Permit A 218 -92, allowing an addition to a single - family home with a narrower setback than is normally allowed; and WHEREAS, both Owner and City desire to preserve and conserve for the public benefit, wildlife habitat value, 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 WHEREAS, the Owner is willing to grant the perpetual open space and a drainage maintenance easement 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 space and drainage maintenance easement 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 and drainage easement is as described below, and results from the restrictions hereby imposed upon the use of the subject property by Owner. To that end, and for the purpose of accomplishing the intent of the parties TJ 1393 VOL 4077PAGE346 Open space easement 280 Almond Street. Page 2 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: a. No structures will be placed or erected upon said premises. If desired, see - through fencing may be allowed if approved by the city's Architectural Review Commission or Community Development Director. b. No signs, billboards, similar structures or devices, or advertising of any kind or nature shall be located on or within the easement area. C. Owners shall not plant nor permit to be planted any vegetation upon or within the easement area, 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 easement- area shall be preserved substantially in its natural condition. No grading shall be allowed except as permitted by the Community Development Director. e. No removal of natural vegetation shall. be allowed except for fire protection or elimination of dead or diseased 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 drainage easement shall allow the City to maintain and repair Old Garden Creek periodically, in its present natural state, with the right to make improvements as deemed necessary by the City Engineer. 8. The terms contained herein shall be binding on the parties hereto and their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first above written. VOL 4077 ?AQ347 Open space easement 280 Almond Street Page 3 ALL. SIGNATURES MUST BE NOTARIZED j iVk c`-1313 ner James R. Dee date WON City of San Luis Obis o by Community Develo ent Director Arnold B. Jonas State of California } County of San Luis Obispo } Owner Patricia A. Dee date On 13 1993, before me, Ts -10A4 4 r _ J S11E4M", Notary Public, personally appeared o*7K1GA A . VO personally known to me - or -( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 464are subscribed to the within instrument and acknowledged to me that hets /they executed the same in der /their capacity(ies), and that by Iffier /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. N t Publ' — THOMAS J. UERMAN NOTARY PUBLIC SAN LUIS OBISPO COUNTY Y CALIFORNIA My Commission Expires on June 2, 1993 State of California } County of San Luis Obispo } On April 23, 1993, 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. O DIANE R. STUART o NOTARY PUBUC - CALIFORNIA SAN LUIS OBISPO COUNTY Diane R. Stuart, Nota Public My Comm. Expires May 29, 1993 Capacity claimed by signer(s): Political Agency Open Space and Drainage Easement: 280 Almond Street (Patricia & James Dee) VOL 4077PACE348 Exhibit "A" DRAINAGE EASEMENT (Old Garden Creek) An easement for drainage maintenance over the northeasterly portion of Lot 9, Block 10 of the Anholm Addition in the City of San Luis Obispo, State of California, described as follows: Commencing at the most southerly corner of Lot 9, also being the common corner of Lot 9 and Lot 10; Thence North 52 50 East along said lot line, 83.5 feet to the True Point of_Beginning; Thence follow- ing along the top of creek bank more or less North 11705' West, 26.7 feet; Thence North 60461 West, 30.1 feet to a point on the northerly line of Lot 9, said point being North 52050' East, 110.5 feet from the common lot corner of Lot 8 and Lot 9; Thence North 52' 50' East, 10.5 feet to the center of Old Garden Creek; Thence in a southerly direction to a point that is North 52`50' East, 19:5 feet from the True Point of Begiruling; Thence south 52"50' West, 19.5 feet along the southerly line of Lot 9 to the True Point of Beginning. END OF DOCUMENT VOL 4077PACE349