HomeMy WebLinkAboutD-1451 411, 413, 417 & 425 Brizzola St. Recorded 05/15/1997Recording requested by and
when .recorded return to:
City of San Luis Obispo
City Clerk's Office
990 Palm Street
San Luis Obispo, CA. 93401
Doc No: 1997 °024841
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
May 15, 1997
Time: 15:35
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OPEN SPACE EASEMENT
Rec No: 00032322'
NF 0.00
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This indenture, made and entered into this 8th day of May, 1997,
by and between LEO M. EVANS, hereinafter calls "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 part of this easement by reference, commonly known
as 411, 413, 417 & 425 Brizzolara Street (portion of
APN #002 - 392 - 032); and
WHEREAS, the subject property has certain natural scenic
beauty and existing openness, more particularly described together
with creek setbacks in Exhibits "B" and "C" 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 Use Permit
U1506 and ARC 90 -141, Resolution #5129 -93, allowing the development
of a multi family residential development.
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
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Open Space Easement and Agreement Page 2
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.
NOW THEREFORE, in consideration of the subject property 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
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
easement over that portion of the subject property
described in Exhibits "B" and "C ". Said grant of
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 or fencing will be placed or erected within
the easement area described by Exhibits "B" and "C ".
b. No signs, billboards, similar structures or devices, or
advertising of any kind or nature shall be located on or
within the easement area described by Exhibits "B" and
C
Open Space Easement and Agreement
Page 3
C. Owners shall not plant nor permit to be planted any
vegetation within said 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. Any such vegetation
shall be of native riparian plant species only.
d. The general topography of said easement area shall be
preserved by the grantor in its natural condition, except
as provided for in 117" below. 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.
S. 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, described in Exhibits "B" and "C ",
shall allow the City:
a. The right to remove debris and /or other material in order
to maintain the flow of storm water within San Luis
Obispo Creek, in its present natural state as it exists
on the date of recordation of this easement;
Open Space Easement and Agreement
Page 4
b. The right in the future, at City's sole discretion, to
widen and /or install creek improvements that are deemed
necessary and budgeted for by the City Council;
C. The right to repair and maintain improvements to the
streambed and banks that may be constructed by GRANTOR
which have been approved, inspected and accepted by
GRANTEE; provided non - standard, non - approved improvements
installed by the property owner are specifically exempted
from this easement, and the City shall have no obligation
whatsoever to repair or maintain such improvements;
d. The General right of.access over driveway and parking
areas to gain access to the,primary easement area to
carry out the rights and privileges granted by this
easement.
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.
ALL SIGNATURES MUST BE NOTARIZED
L o M. Evans ate
EXHIBIT "A"
That portion of Lots 21, 22, 23 and Clay Street, of the
Brizzorara's Addition to the Town of San Luis Obispo per the
Map recorded in Map Book A, at Page 45, lying east of the
east line of the land deeded to the State of California
described in the deed recorded in Volume 633, Page 452 of
Official Records, in the City and County of San Luis Obispo,
State of California.
State of California }
County of San Luis Obispo)
On May 8, 1997, before me, Diane R. Stuart, Notary Public, personally appeared Leo M.
Evans, Jr., who proved to me on the basis of satisfactory evidence 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.
OFFICIAL SEAL
00Ne M stuARr
_ MarM PUBLIC- cJALFoRtaA p
CoMMgMN B 9VW1
8" LUIS OBISPO COUNTY
Notary Public MyCw lss;o„�•Ma,,as.tss7
Capacity claimed by signer(s):
(x ) individual(s) ( ) corporation ( ) partnership () attorney -in -fact () Limited Liability Company
Open Space Agreement
EXHIBIT "B"
OPEN SPACE EASEMENT
That portion of Lots 21,
Brizzolora's Addition to
City of San Luis Obispo,
the map filed November 1
in the office of the San
described as follows;
22, 23 and Clay Street of the
the Town of San Luis Obispo, in the
State of California, according to
1879, in Map Book A, at Page 45,
Luis Obispo County Recorder
Commencing at the intersection of the north line of said Lot
21 and the easterly right of way of U.S. 101 described in
the deed to the State of California recorded November 5,
1951 in Book 633, at Page 452, of Official Records of said
County.
Thence, along said north line, S
the True Point of Beginning;
Thence, S 15' 43' 3511 W, 54.251;
Thence, S 01' 28' 19t1 W, 56.501;
Thence, S 05` 23' 2811 E, 55.641;
Thence, S 00' 27' 0411 W, 50.641;
Thence, S 08* 56' 24t1 W, 49.791;
Thence, S 07' 18' 1511 W, 45.771;
Thence, S 00' 17' 3411 E, 36.31'
Clay Street, from which a 1 1/411
bears S 67' 30' 2211 E, 7.691;
69* 45' 0011 E, 36.49' to
to the south line of said
iron pipe and tag RCE 6923
Thence, along the south line of Clay Street, S 67' 30' 2211 E
to the center of Stenner Creek and the east line of said
Brizzolara's Addition.;
Thence, along said center line,
of. said Lot 21;
Thence, along last said line, N
of beginning.
w' Leor}ard Lenger,
6/30/2000
LS 3877
northerly to the north line
6.9 0 45' 0011 W to the point
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