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HomeMy WebLinkAboutD-1524 Orcutt Road Recorded 08/30/2000eeyes+ y 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 - 0.4936' Official Rords San Luis Obispo Co. Julie L. Rodewald Recorder Aug 30, 2000 Time: 08:00 [ 81 OPEN SPACE EASEMENT AGREEMENT Rpt No: 000654421 NF -1 TOTAL This indenture, made and entered into this _�/ day of 2000, by and between Marilyn J. Stickler, As Trustee of the Marilyn J. Stickler Revocable Trust dated June 14, 1989, Gayle Kirkorian, and Gerald R. Jones, 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, Parcels 1, 2, 3 and 4 of PM SLO 99 -214 recorded in -3ODII; 55 of Parcel Maps on PaG & 6 in the Office of the County Recorder of The County of San Luis Obispo, hereafter referred to as subject property. WHEREAS, the subject property has certain natural scenic beauty and existing openness, more particularly described in Exhibit "A" 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 No. MS 137 -99, allowing tentative map SLO 99 -214. 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 easement; and WHEREAS, the Owner has offered to dedicate the subject easement to preserve the site's scenic beauty and existing openness by restricting Owners use of and activities on the subject property through the imposition of a perpetual open space easement with conditions hereinafter expressed; and 0.001, O Dir�y� WHEREAS, the Owner is willing to grant the perpetual open space easement, as part of a development approval. NOW THEREFORE, in consideration of the open space easement 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: Owner hereby grants to City, an open space easement over the subject property as shown in Exhibit "A ". Said grant of open space easement conveys to City, an estate and interest in that portion of the subject property as shown in Exhibit "A ". 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 easement by Owner and the acts which owner shall refrain from doing within the open space easement 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 easement. C. Owners shall not plant nor permit to be planted any vegetation within the open space easement, except as may be associated with the mitigation plantings as agreed to with the Natural Resources manger, erosion control, fire protection, or soil stabilization, as allowed and approved by the City's Community Development Director. A-ny -such- vegetation - shall be drought tolerant and visually compatible with the hillside. d. The general topography of the open space easement 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 or elimination of dead growth or riparian corridor restoration as directed and approved by the Community Development Director and Natural Resources Manager. 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 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, specifically the State Department of Fish and Game and the U.S. Army Corps of Engineers. 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 oO i Gayle irkor an, Owner 6ate Community Development Director State of Califomia } County of �� } �la�r On , 2000, befor me, �De�Ayr -�- ��Notary Public, personally appeared t° / Al ( ) personally known to me - or - (jib proved to me on the basis of satisfactory evidence to be the person(s) whose name(s ware subscribed to the within instrument and acknowledged to me that he /she/they executed the same in.histher/their capacity(ies), and that by his/ heir signatures(s) on the instruments the person(s), or the entity upon behalf of which the person(s) acted,, executed the instrument. Witness my hand and official seal. Ah *ah, Notary Public "qua. -.. .r� .. . _,. Capacity by siner(s): (V) individual(s) ( ) corporation ( ) partnership ( ) attomey -in -fact ( ) political agency 1 I 0 J 1 z Jul Lv II ® X01 t � t � t t t o. t t v, \ I I q* qm IL e. w IL AMERI� 4 'l STATE OF CALIFORNIA }ss. COUNTY OF v, Lot _'4� �a } On �(.e ,before me, AYl-C) , personally appeared I Un personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 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 upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature DENISE SIMON C`' �� .• M = COMM. #1131493 .WO =� Notary Public- Californla C0 San Luis Obispo County My Comm. Exp. April 7, 2001 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company STATE OF WASHINGTON COUNTY OF PIERCE 1 certify that I know or have satisfactory evidence that Q . is the person who appeared before me, and said person ack wledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. Dated: pp Signature L t i - NCSTAfZ - e �► =;�I/BLIC '�I�'•'•,� poll. Title of Document My Appointment Expires: 1-1 C-)o f 0 a State of California } County of San Luis Obispo } On August 28, 2000, before me, Pamela K. King, 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. Pamela K. King, Notary Public Capacmly claimed by swane Political Agency Open Space Agreement PAMELA K ICING Commisslon # 1227306 Notary Public- Carrfomia Son Luis Obispo County My Comm. Expires Jul Z 2003 END OF DOCUMENT