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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 m L 7J OPEN SPACE EASEMENT Rec No: 00032322' NF 0.00 ;TOTAL 0.00 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 zlel 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 �a O �A- nIy / O / C) (i 0 W / /2N N I IUW ; O :� -O C) o+ I+ N 2 O Q 0 � < 0 -13 O / o c I� N O D D <. v co O \ / (P D Z C) rTl cri (D J �a O �A- nIy END OF DOCUMENT _r Z m / O / C) (i 0 W / /2N N I IUW ; O :� -O C) o+ I+ N 2 O / Z / < 0 -13 O / o c I� N O D D <. v � o i VIA z D o (D J \ �n C / \ MAj W \ L V \ I tv �� s f e3 of wIo \\ C 00 lD ILA 7 70 V 0 9� SCALE 1"=40' A4 END OF DOCUMENT _r Z m