HomeMy WebLinkAboutD-1741 Tract 2570, Lot 8 - 2082 Fixlini Recorded 09/18/2007RECORDI2IG REQUESTED BY:
FIRST AMERICAN TITLE COMPANY
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401 -3249
JULIE RODEWAA
San Luis Obispo cou clerk/Recorder
`Recorded at the request of _ .
First American Title Company
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D O C #: 2007062616 Titles: 1 Pages: 10
Fees 0.00
Taxes 0.00 j
Others 0.00
PAID $0.00
MEL
9/18/2007 j
8:13 AM
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BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
This Biological Open Space Easement Agreement, made and entered into this day
of '2006, by and, between Dunes Valley View, LLC, a California limited
liability company, 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 a certain property situated within the City of San Luis
Obispo, as described in Exhibit "A ", attached hereto and incorporated herein (the "Subject
Property); and
J
WHEREAS, the Subject Property has certain natural biological resources, natural. scenic
beauty and existing openness of importance to the community; and
WHEREAS, an offer of dedication of a biological open space easement on a portion of
T 111W I
the Subject Property was required pursuant to City Council Resolution #9622,(2004 Series)
approving Vesting Tentative Map 2570, which authorized development of a 13 lot subdivision of
which the Subject Property is a part; and
WHEREAS, both Owner and City desire to preserve and conserve for the public benefit
the biological diversity, natural scenic beauty and existing openness and other natural conditions
on the Subject Property; and
WHEREAS, the Owner has offered to dedicate this biological open space easement to
preserve the above described values by restricting Owner's use of and activities on the Subject
Property through the imposition of a perpetual open space and agricultural conservation easement
with the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the above recitals, 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 the substantial public benefits to be derived therefrom,
the parties agree as follows:
1. Owner hereby grants to City a biological open space easement (the
"Easement ") over the portion of the Subject Property (the "Easement Area ")
as shown in Exhibit `B" attached hereto and incorporated herein. Said grant
of easement conveys to City and estate and interest in the Subject Property.
The purpose of the easement is to protect said biological diversity, natural
scenic beauty and existing openness and other natural conditions by
voluntarily restricting the use of the Easement Area as hereinafter set forth.
2. The restrictions hereby imposed upon the use of the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are, and shall be, as follows:
a. No structures shall be placed or erected within the Easement Area. If
desired, "see- through" fencing appropriate to open space preservation may
be allowed if approved by the City's Community Development Director or
Architectural Review Commission, as appropriate.
b. No signs, billboards, or similar structures or devices or advertising of
any kind or nature may be located on or in the Easement Area.
C. Owner shall not plant or permit to be planted any vegetation within
the Easement Area, except for erosion control, fire protection , or
soil stabilization as allowed or approved by the City's Natural
Resources Manager or his/her designee.
d. Owner shall not remove or permit to be removed any vegetation within
the Easement Area, except as reasonably necessary for fire protection,
hazard abatement, or replacement or removal of dead vegetation, as
allowed or approved by the City's Natural Resources Manager or
his/her designee.
e. No extraction of surface or subsurface natural resources, or collection of
i
water, for transfer off of the subject property, except for the passive
water collection systems constructed on the subject property as part of
the improvements of Tract 2570, shall be allowed.
f. The general topography of the Easement Area shall be preserved in
its natural condition.
g. Functioning of the Easement Area for wildlife habitat and other benefits
to the natural environment shall take precedence over all other uses,
including uses by privately owned pets, and public and private access
shall be minimized. Fencing and signage indicating the boundaries of
the Easement Area shall be installed and kept in good condition. Signage
shall be as approved by the Natural Resources, Manager or his/her
designee.
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 biological 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 an enforceable restriction within the meaning of
Article XIH, 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 the City regulating the use of the 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. Owner shall be indemnified and held
harmless by City for any such activity undertaken by City:.
8. The terms and conditions 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 written above.
• •
ALL SIGNATURES MUST RE NOTARIZED
OWNER/GRANTOR
DUNES VALLEY VIEW, LLC
By: �-
CITY OF SAN LUIS OBISPO
David F. Romero, Mayor
•
STATE OF CALIFORNIA
)SS
COUNTY OF SAN LUIS OBISPO
0
On September 11, 2007, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF SAN LUIS OBISPO, 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.1.
Signature =d 4.
(Seal)
.. • 1 •
EXHIBIT "A"
Lot 8 of Tract 2570 (Sun Valley) as filed in Book !g�. of Maps in Pages -15 through 2a in the
County Recorder's Office of the County of San Luis Obispo, State of California.
107 z I LOT 3 1 Z07' 4
EX ENT B
zOT 5
O
SCALE- 1 =60'
l07' 13 Z07,6
t07- 12
�
Z 9
t07' 11 1 TR4
1 2570
I
Z07- /0 LOT 8 BIOLOGIC& OPEN SPACE
1 EASEMENT AS SHOWN
1 ON TR4CT MAP 2570
LOT 9
JOHNSON AVF.
rrmdesigngroup LOCITY OF SAN LUIS OBISPO,yE
creating environments people enjoy STATE OF CALIFORNIA.
3765 South Higuera Street. Suite 102 1 San Luis Obispo, Callfamia 93401
P: (805) 543 -1794 1 F. (805) 543 -4609 1 www.rrrndesign.corn
Victor Montgomery, Architect P1090 I Jerry Michael, RCE #36895, LS 16276 1 Jeff Ferber, LA /2844
N: \ 2005\ 1005003 —Tr- 2570 —CD\ Survey \Drawings \LotB — Exhibit.dwg, Exhibit 8, May 01, 2006 1: 42pm, sbwebster.
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
�AA/ jltj:�! Q ss.
County of F3/ SPr�
On 172M.1 I 2z>o Lem before me, LJANIk POU–A426 N1,0 1-4 R K �c
ate / _ Name and Title of Officer (e.g., "Jane Doe, Notary Public")
personally appeared JIrC- VE f% //I It LlL E/C-
Name(s) of Signer(s)
❑ personally known to me
17 proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is /are
DANA POLLARD subscribed to the within instrument and
LO o COMM. #1483731 acknowledged to me that he /she /they executed
Q - NOTARY PUBLIC - CALIFORNIA the same in his /her /their authorized
SAN LUIS OBISPO COUNTY �i capacity(ies), and that by his /her /their
R MY Comm. Expires APR t6, 2008 signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
W!TNES y hand aaL�s�
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document T n
Title or Type of Document: LJ i0 /� i G4L ymw� -4� �em.A, – /'� 6XjZ_M6%fT
Document Date: MAy 2,D0.6 Number of Pages: lb
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
[3 um
Individual Top of thb here
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
O 1999 National Notary Association • 9350 De Soto Ave., P.O..Box 2402 - Chatswonh, CA 91313-2402 • www.natlonalnotary.org Prod. No. 5907 - Reorder: Cell Toll -Free 1- 800 - 876 -6827
END OF DOCUMENT