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
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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
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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
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Capacity by siner(s):
(V) individual(s) ( ) corporation ( ) partnership ( ) attomey -in -fact ( ) political agency
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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
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'�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