HomeMy WebLinkAboutD-1513 Tract 2134 Lost 1 & 2 Unit 1 053-061-238 & 040 Recorded 03/28/2000lM
RECORDING REQUESTED BY'AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
City Clerk's Office
990 Palm Street
San Luis Obispo, CA 93401 -3249
Doc No: 2000- 016010 Rpt No: 00021517,
Official Records ;NF -1 0.00
San Luis Obispo Co.
Julie L. Rodewald ,
Recorder
Mar 28, 2000
Time: 08:00
[ 4] -
;TOTAL 0.00;
OPEN SPACE EASEMENT AGREEMENT
This indenture, made and entered into this day of ,2000, by and
between GROUND ZERO, LLC, 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,
described as Lots 1 and 2, Tract 2134 (Unit 1), commonly laiown as 953 Orcutt Road (Assessors
Parcel Number: 053 -061 -038 & 040).
WHEREAS, the subject property has certain natural scenic beauty and existing openness,
as well. as public value; and
WHEREAS, an offer of dedication for an open space easement was required as a condition
of the City's approval of the tentative map for Tract 2134 and Planned Development No.220 -92; and
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WHEREAS, both Owner and City desire to preserve, conserve, and enhance 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 said 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 ofthe mutual promises, covenants and
the conditions herein contained and of the substantial public benefits to be derived therefrom, the
parties agree as follows:
b/S73
1. Owner hereby grants to City, an open space easement and building setback_ line over the
subject Lots 1 & 2, as shown on the final map for Tract 2134 (Unit 1). 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 open space portion 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 riparian corridor restoration, erosion control, fire
protection, soil stabilization, or as allowed and approved by the City's Community
Development Director and Natural Resources Manager. Any such vegetation shall be native
npanan.
d. The general topography of the subject property shall be preserved in its natural condition.
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, elimination
of dead growth or riparian corridor restoration as directed and approved by the Community
Development Director and Natural Resources Manager.
g. No use of said described premises which will or does materially alter the landscape or
other attractive scenic features of said premises.
3. This easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by the City, except pursuant to the provisions of Section
51093 of the Government Code of the State of California.
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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 City shall have the right of access to remove any drainage obstructions, as needed, to
provide for the conveyance of creek flows, subject to the review and approval of other
agencies with regulatory control over work done in the riparian corridor, including the State
Department of Fish and Game and the U.S. Army Corps of Engineers, as appropriate.
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
OWNER: GROUND ZERO, LLC
a California Limited Dili
APPROVED:
City of San Luis Obispo
By:
Co unity De opment Director
ROBERT
Managing
Date: March 13, 2000
3
•
State of California
County of San Luis Obispo }
•
On March 13, 2000, before me, Pamela K. King, Notary Public, personally appeared
Robert K. Schiebelhut, ( ) personally known to me or (x ) 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.
itness my hand and official seal.
Notary Public
PAMELA K. KING
Commission # 1227306
Notary Public - California y
San Luis Obispo County r
My Comm. Expires Jul 2.2003
( X ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency
State of California }
County of San Luis Obispo)
On March 14, 2000, before me, Diane R. Stuart, Notary Public, personally appeared
Ronald Whisenand, 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.
�� R � l
Diane R. Stuart, Notary Public
Capacity claimed by signer(s): Political Agency
Open Space Easement Agreement
Ado ... OFFICIAL SEAL
DIANE R. STUART
N.
MARY PUBLC • CAUFORMIA 01
COMMISSION 11142689 C
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EN{), OF DOCUMENT