The URL can be used to link to this page

Home My WebLink AboutD-1416 Apn 003-761-033 1815 Sydney Street Recorded 09/20/1994Doc No: 19945295 official Records San Luis Obispo Co. • Francis M. Cooney Recorder Sep 20, 1994 Time: 16:24 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 @@ _[ 61 Rec No: 00067709' NF 0.00 ;TOTAL 0.00 NO RECORDING FEE - EXEMPT OPEN SPACE EASEMENT This indenture, made and entered into this 16th day of September 1994 , by and between Casey Paul O'Connor, Kathleen Ann O'Connor, Craig M. Colombo and Barbara A. Colombo 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, as described in Exhibit "A ", attached hereto and made a part of -this easement by reference, commonly known as 1815 Sydney Street, San Luis Obispo, CA. (Assessors Parcel Number: 003 - 761 -033) WHEREAS, the subject property has certain natural scenic beauty and existing openness, more particularly described in Exhibit "B" attached 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 City approval of Minor Subdivision No. MS 90 -127 allowing subdivision of Owner's property. 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 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 on the subject property; as part of a development approval. 1) 1416 • 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 easement over the subject property. Said grant of open space easement conveys to City, an estate and interest in 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 subject property by Owner. To that end, and for the purpose of accomplishing the intent of the parties 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 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. Any such vegetation shall be drought tolerant and visually compatible with the hillside. 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 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. ALL SIGNATURES MUST BE NOTARIZED OwnerLCasey Paul O'Connor O er, Kathleen Ann O'Connor Owner, Craig-M. Colombo r�a2hcv�.a. Q. e, Ownw,-43arbaraf-A. Colombo City of San Lu O ispo by Community De pment Director 0 8 1 I Date (f5I Date Date Date • 0 • • EXHIBIT "A" • Lot 12 in Block 5 of the Goldtree Vineyard Tract, in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to map recorded September 30, 1893, in Book 1, Page 14 of Record of Surveys, in the office of the County Recorder of said County. } STATE OF CALIFORNIA t }ss. COUNTY OF '5Pg1 5 0-300 } a o On �k ` (� before me, ?� personally appeared (°rrA (l—I M c0 M EJ 3 C0 h w^,—bc personally known to me (or proved E to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within ii instrument and acknowledged to me that he /she /they executed the same in his /her/their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the m c7 person(s) acted, executed the instrument. THY M. alai LIl1a oB11110 COMY WITNESS my hand and official seal. CAIMRNu co �► Signature CdM�IM Esc ms on X10 28, IM c°o (This area for official notarial seal) State of California } County of San Luis Obispo } On September 16, 1994, 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 n("Y\ rp e I a-,, L Diane R. Stuart, Notary Public Capacity claimed by signer(s): Political Agency Open space Easement: 1815 Sydney Street rAjjj:� OFRCtAL SEAL "WAr FdNA "'�j OUNTB N LUIS My CaeMbwo- -p May 29,199T as" M I h ' h w... EXHIBIT B NgG`DD' %5 "ll! 0MY MW FASWNfNT 07 dF 91W LU /5 MIM0 AdREEMIV7 lPF609OfO 91f 4bloI 6XIMIR 4i9' 30'l5. "W 59.3/ _ -- c— �9�49•,ly 5=6/' °04'56 "W 15.57' ZZ h I �o 1� N too ENGINEERING DEVELOPMENT ASSOCIATES ®ff# fPACf E��fNEW ENGINEERING LAND SURVEYING PROJECT ADMINISTRATION 1320 NIPOMO STREET SAN LUIS OBISPO CALIFORNIA 93401 ,JOB N0. 90.957.2Z • • CALIFORNIA ALL- PURPOSIPACKNOWLEDGMENT State of _ County of California San Luis Obispo On August 15, 1994 before roe, Liza Gilton , DATE NAME, TITLE OF OFFICER - E.G., •JANE DOE, NOTARY PUBLIC- No. 5907 personally appeared Casey Paul O'Connor and Kathleen Ann O'Connor ----------------------------- NAME(S) OF SIGNER(S) 14 pemeff"004GW Yproved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4e4are subscribed to the within instrument and ac- knowledged to me that #� they executed the same in h',Ttheir authorized capacity(ies), and that by his1he their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL NOTARY SEAL WITNESS my hand a_ nd official seal. LIZA GILTON E- I Notary Public — California SAN LUIS OBISPO COUNTY ilLA My Comm. Expires OCT 27,1995 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE END OF DOC UMIENT 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184