HomeMy WebLinkAboutD-1486 Tract 1750 , Unit 5 Lot 60 Recorded 09/16/19981
ORIGINAL r
Recording Requested By:
First American Title
When Recorded Mail To:
City of San Luis Obispo
City Clerk's Office
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
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Doc No: 1998 - 061374
Official Records
San Luis Obispo Co
Julie L. Rodewald
Recorder
Sep 24, 1998
Time: 08:00
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Rpt No: 00077896
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This indenture, made and entered into this 31st day of July, 1998 by and between
Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990, hereinafter
called "Owner" and THE CITY OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City."
WITNESSETH
WHEREAS, Owner owns that certain property situated in the City of San Luis Obispo, County of
San Luis Obispo, State of California, hereinafter described as "the subject property," an and more
particularly described in Exhibit "A" attached hereto and by this reference incorporated herein;
and
WHEREAS, the subject property has certain natural scenic beauty and existing openness; and
WHEREAS, Owner is willing to grant an easement to the City of 7555.08 square meters beyond
the City's urban reserve line which would be preserved in its present scenic beauty and existing
openness by the restricted use and enjoyment of said property by the Owner through the
imposition of a perpetual open space easement with conditions hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and Final Map for said development as
required by City ordinance; and
WHEREAS, the City approved said plans and Final Map including a grant to the City of a
perpetual open space easement on a portion of said property, and
WHEREAS, the Owner is willing to grant the perpetual open space easement on said 7555.08
square meters as part of the subdivision approval; and
WHEREAS, the Owner has supplied City with a title company Prelinunary Title Report listing all
trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and mortgages
on the subject property, a copy of which is attached as Exhibit "B" and incorporated herein.
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NOW, THEREFORE, in consideration of the premises and in compliance with Chapter 6.5 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 promise, covenants and the
conditions herein contained and the substantial public benefits to be derived therefrom, the parties
hereunto agree, as follows:
Owner hereby grants to the City a perpetual open space easement in and to the
property described in Exhibit "A," said grant of perpetual open space easement
conveying to City an estate and interest in said real property of the nature and
character and to the extent hereinafter expressed and resulting from the restrictions
hereby imposed upon the use of said property by Owner for the purpose of
maintaining said property in a natural open space character, consistent with the
Edna -Islay Specific Plan. To that end, and for the purpose of accomplishing the
intent of the parties hereto, Owner covenants on behalf of himself, his heirs,
successors, and assigns with the City, its successors and assigns to do and refrain from
doing severally and collectively upon Owner's property any of the various acts
hereinafter mentioned.
2. The restrictions hereby imposed upon the use of said property by Owner and the acts
which Owner shall refrain from doing upon the said property in connection herewith
are, and shall be as follows:
A. No structure will be placed or erected upon said premises except public water
storage and appurtenances for agricultural uses consistent with the open space
character and intent of this document and consistent with Edna -Islay Specific
Plan.
B. No advertising of any kind or nature shall be located on or within said
premises.
C. Owner shall not plant nor permit to be planted any vegetation upon said
premises except as may be associated with erosion control or agricultural uses
consistent with the provisions of this agreement. Permitted uses shall include,
but not be limited to grazing and related activities or other agricultural uses
permitted by the City Council.
D. Except for the construction, alteration, relocation and maintenance of public
utility facilities and easements, the general topography of the landscape shall
be maintained in its present condition and no topographical changes shall be
made.
E. No use of said described premises which will or does materially alter the
landscape or other attractive scenic features of said premises other than those
above specified shall be done or suffered.
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F. Owner shall not cut timber, trees or other natural growth, except as may be
approved by the City Community Development Director for fire protection,
thinning, elimination of diseased growth, or similar protective measures.
G. Owner shall not extract natural resources from said premises except for
development of water rights.
H. No lot split shall be permitted.
Solid fencing with the open space shall not be allowed. Fencing design shall
be appropriate to open space preservation and shall be approved by the
Director of Community Development of the City of San Luis Obispo.
3. the following property right in said property are hereby excepted from this grant and are
reserved to Owner:
A. The right to use and occupy said land shall be limited to grazing and related
activities or other agricultural uses as may be approved by the City. No
vegetation other than that necessary for erosion control or permitted for
agricultural uses may be planted.
B. The right to construct a trail system in accordance with the Edna/Islay
Specific Plan.
C. The right to develop and maintain public and private water wells and supply
lines.
D. The right to construct a domestic water tank, supply line(s), access road, and
associated appurtenances in accordance with Edna/Islay Specific Plan. The
exact location of the tank and access road may be adjusted due to soil and
geological conditions, mater plan layout constraints, physical access, and
technical and visual issued. The final location shall be approved by the
Director of Community Development of the City of San Luis Obispo.
E. The right to access and maintain all existing private roads, bridges, trails and
structures upon said land.
F. The development and operation of an equestrian center as may be authorized
by conditional use permit pursuant to the Edna/Isaly Specific Plan and the
approved and recorded final map for Tract 1750, Unit 5.
4. Land uses permitted, or reserved by this instrument shall be subject to the regulation
policies and ordinances of City regulating the use of land.
5. This easement shall remain in effect in perpetuity.
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6. Notwithstanding any provisions herein, this grant of an open space easement shall in
no way restrict the construction of, nor the right of Owner to permit construction of
public service facilities installed, or to be installed, for the benefit of the land which
is the subject of this grant, provided such facilities are installed, or to be installed,
pursuant to an authorization of the City Council.
7. Nothing in this agreement will prevent any facility from being constructed or
maintained if that facility is approved as part of a project approved with the
Edna/.Islay Specific Plan.
8. This open space grant is intended to coordinate with pending and future projects
within the Edna/Islay Specific Plan area. It is agreed by all parties that when final
tract boundaries adjacent to the northerly boundary of this open space easement are
established and approved by the City Council, the open space parcel and easement will
be adjusted. The adjustment will match the future Tract boundary utilizing the
lot line adjustment process and the boundary this open space easement will be
amended to coincide with the adjusted lot line.
9. This grant may not be abandoned by City except pursuant to all of the provisions of
Section 51093 of the Government code of the State of California.
10. 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 6.5 of Part 1 of Division I of Title 5 of the Government Code of the State of
California commencing with Section 51050, shall be deemed to be enforceable
restriction with the meaning of Article XXVIII of the Constitution of the State of
California.
11. The trust deed beneficiaries and mortgages, if any, listed on the Preliminary Title
Report referred to above, and which signatures are affixed hereto, do hereby assent
to this grant of an open space easement and, further, do hereby subordinate their
respective interests to the restrictions imposed by this grant.
12. The terms contained herein shall be binding on the parties hereto and their
successors and assigns.
13. This open space easement shall be effective upon the effective date of recordation
of the Final Map of Tract 1750, Unit 5.
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IN WITNESS WHEREOF, the parties hereto have executed this document on the day and
year first above written.
State
Coun
L. Rossi, Trustee of the Robin L. Rossi
Trust dated October 20, 1990
On %01-7 Notary Public
personally appeared' o %A� L rsonally
known to me
(or proved to me on the basis of satisfactory evidence) to be the erson(s) whose name is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in Ws/her/their authorized
capaciq'(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity(ies) upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and
Signature
ter. MARY GR— DE {— �
COMM 81053339
Notary Public•California
San Luis Obispo County
MY Comm. Exp. March 26. 1999
ABOi E RESER! ED FOR OFFIC14L NOr. -V?Y S6aL
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BENEFICIARY:
HEARTHSTONE HOUSING PARTNERS, L.P. a California Limited Partnership., as to Deed of
Trust recorded January 31, 1997 as Instrument No. 1997 - 005003 of Official Records.
HEARTHSTONE HOUSING PARTNERS, L.P.,
a California Limited Partnership
By: Hearthstone Professionals, L.P.,
a California Limited Partnership,
General Partner
By: Hearthstone, Inc.,
a California Corporation,
General Partner
By:
4�?racy#f Carver
Vice President
State of California
County of SOW �R.4� Cisco
On Avows-r31 19fg before me, D6WXAf YO c- 57LF Z17 . Notary Public
personally aypeared c- . CAxdE,T_ personally known to me
(or proved to me on the basis of tisfactoi), evidence) to be the person(s) whose name is /are subscribed to the
within 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(ies) upon behalf of
which the person(s) acted, executed the instrument.
WITNESS my hand and Official Seal
Signature
U
Deborah Holstedt
y
Comm. #1163723
NOTARY PUBLIC CALIFORNIA)
City 8 County of San Franciu 0
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Comm. Exp. Nov. 28. 2001
ABOVE RESERVED FOR OFFIML N07ARY SEAL
Exhibit "A"
Lot 60 of Tract 1750, Unit 5, in the City of San Luis Obispo, County of San Luis Obispo, State of
California, according to map recorded cfVtexY1brr-2QT6 , in Book )A Page 52- of
Maps, in the office of the County Recorder of said county.
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EXHIBIT B SLO- 927816 KI
First American Title Insurance Company
899 Pacific Street, San Luis Obispo, CA 93401
(805) 543 -8900 (800) 992 -8900
UPDATE REPORT
September 16, 1998
McMillan Surveys
2306 Broad Street
San Luis Obispo, CA 93401
Attention: Keith
Dated as of September 10, 1998 at 7:30 a.m.
Please read the exceptions shown or referred to below and the exceptions and exclusions set
forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to
provide you with notice of matters which are not covered under the terms of the title
insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the
condition of title and may not list all liens, defects and encumbrances affecting title to the
land.
This report (and any supplements or amendments hereto) is issued solely for the purpose of
facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it
is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder
or Commitment should be requested.
This report is not complete unless it includes a printed cover setting forth, among other things,
a list of the printed exceptions and exclusions for the policy form(s) as designated below.
The form of policy title insurance contemplated by this report is:
NONE: a specific request should be made if another form or additional coverage is desired.
Lisa Gevas - Title Officer
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SLO- 927816 HI
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Title to said estate or interest at the date hereof is vested in:
THE ARBORS -SAN LUIS OBISPO, L.P., a California limited partnership
The estate or interest in the land hereinafter described or referred to covered by this Report is:
A FEE
The land referred to in this Report is situated in the State of California, County of San Luis
Obispo, and is described as follows:
See Exhibit attached hereto and made a part hereof.
At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions
in said policy form would be as follows:
Taxes and assessments. Report to follow.
2. General and special taxes for the fiscal year 1998 -1999, a lien not yet due or payable.
3. The lien of supplemental taxes assessed pursuant to Chapter 3.5 commencing with Section
75 of the California Revenue and Taxation Code.
4. An easement for slopes, culverts, ditches and incidental purposes, recorded February 3,
1987 in Book 31, Page 406 of Deeds.
Granted to: Southern Pacific Railroad Company.
Affects: that certain area next to the railroad right of way crossing.
5. An easement for utilities and incidental purposes, recorded December 13, 1940 in Book
288, Page 77 of Official Records.
Granted to: Pacific Gas and Electric Company.
Affects: a 50 foot wide portion of said land, affects the remainder parcel.
6. The effect of a Map purporting to show the land and other property, recorded March 1,
1985 in Book 37, Page 2 of Parcel Maps.
7. The effect of a Map purporting to show the land and other property, recorded November
12, 1987 in Book 42, Page 43 of Parcel Maps.
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SLO- 927816 KI
8. An easement for creek, sewer, water and incidental purposes, recorded August 25, 1988
in Book 3191, Page 406 of Official Records.
Granted to: the City of San Luis Obispo.
Affects: a portion of the remainder parcel.
9. A Dedication of an area of access restriction over a portion of said land, as shown upon
the above referenced map, affects the remainder parcel.
10. The effect of a Map purporting to show the land and other property, recorded May 19,
1995 in Book 51, Page 49 of Parcel Maps.
11. An easement for waterlines and incidental purposes, recorded May 24, 1995 as
Instrument No. 1995- 021596 of Official Records.
Granted to: the City of San Luis Obispo.
Affects: a portion of the remainder parcel.
12. The terms and provisions contained in the document entitled "Amended and Restated
Declaration of Restrictions and Reservation of Easements ", executed by and between Farm
Road -San Luis L.P., recorded January 26, 1996 as Instrument No. 1996 - 003917 of Official
Records.
NOTE: A document declaring modifications thereof recorded May 14, 1997 as Instrument No.
1997 - 024253 of Official Records.
13. A Deed of Trust to secure an original indebtedness of $7,241,391.00, and any other
amounts or obligations secured thereby, recorded January 31, 1997 as Instrument No. 1997-
005003 of Official Records.
Dated: January 6, 1997.
Trustor: The Arbors -San Luis Obispo, L.P., a California limited partnership.
Trustee: First American Title Insurance Company, a California corporation.
Beneficiary: Hearthstone Housing Partners, L.P., a California limited partnership.
NOTE: An assignment of Deed of Trust, Security Agreement, Assignment of Rents and Fixture
Filing recorded January 31, 1997 as Instrument No. 1997 - 005004 of Official Records, executed
by Hearthstone Housing Partners, L.P., a California limited partnership and Union Bank of
California, N.A., a national association as additional security for the payment of the
indebtedness secured by the Deed of Trust recorded January 31, 1997 as Instrument No. 1997-
005003 Official Records.
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SLO- 927816 KI
NOTE: An Assignment of Contracts from The Arbors -San Luis Obispo, L.P., a California
limited partnership as Assignor and Hearthstone Housing Partners, L.P., a California limited
partnership, as Assignee and consented to by R.W. Hertel and Sons, Inc., a California
corporation recorded January 31, 1997 as Instrument No. 1997- 005005 of Official Records.
NOTE: A document recorded August 12, 1998 as Instrument No. 1998 - 051154 of Official
Records provides that the Deed of Trust or the obligation secured thereby has been modified.
NOTE: A document recorded August 12, 1998 as Instrument No. 1998 - 051156 of Official
Records provides that the Deed of Trust or the obligation secured thereby has been modified.
14. The terms and provisions contained in the document entitled "Tract Map No. 1750, Unit
4" recorded May 14, 1997 in Book 18, Page 8 of Maps.
15. An Option Agreement dated April 10, 1998, executed by Islay Hill Investment, a
California general partnership, as Optionor, and The Arbors -San Luis Obispo, L.P., a California
limited partnership, as Optionee, as disclosed by a document recorded April 23, 1998 Instrument
No. 1998 - 023160 of Official Records.
16. The terms and provisions contained in the document entitled "Agreement Supplementing
Deed of Trust ", executed by and between The Arbors -San Luis Obispo, L.P., a California
limited partnership and Hearthstone Housing Partners, a California limited partnership, recorded
August 12, 1998 as Instrument No. 1998- 051155 of Official Records.
17. No known matters otherwise appropriate to be shown have been deleted from this report,
which is not a policy of title insurance but a report to facilitate the issuance of a policy of title
insurance.
For purposes of policy issuance, items (none) may be eliminated on the basis of an indemnity
agreement or other agreement satisfactory to the Company as insurer.
INFORMATION NOTE:
According to the public records, there have been no deeds conveying the land described herein
within a period of 24 months prior to the date of this report, except as follows:
A deed recorded May 14, 1997 as Instrument No. 1997 - 024256 of Official Records.
Executed by: Arbors -San Luis Obispo, L.P., a California limited partnership
To: Islay Hill Investments, a California general partnership
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A deed recorded April 23, 1998 as Instrument No. 1998 - 023159 of Official Records.
Executed by: Islay Hill Investment, a California general partnership
To: The Arbors -San Luis Obispo, L.P., a California limited partnership
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Plat Map Attached
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EXHIBIT
SLO- 927816 KI
The remainder parcel of Tract No. 1750, Unit 4, Phase II, in the City of San Luis Obispo, in
the County of San Luis Obispo, State of California, according to map recorded May 14, 1997
in Book 18, Page 8 of Maps, in the office of the County Recorder of said County and by
Certificate of Correction recorded April 1, 1998 as Instrument No. 1998 - 018292 of Official
Records.
PAGE 6
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the OPEN
SPACE EASEMENT dated July 31, 1998 from Robin L. Rossi, Trustee of the Rossi
Living Trust, , to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council pursuant to
authority conferred by Resolution No. 5370 (1984 Series) recorded June 15, 1984 in
Volume 2604, Official Records, Page 878, San Luis Obispo County, California and
the Grantee consents to recordation thereof by its duly authorized officer or his
agent.
Date: September 16, 1998
ATT
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CITY OF SAN LUIS OBISP
By.
Mayor Allen K. Sett e
END OF DOCUMENT