HomeMy WebLinkAboutD-1845 222 Elks Lane Recorded 10/21/20091
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
�--- -- T -- - -- --
JULIE RODEWLD
San Luis Obisp nty— Clerk/Recorder
Recorded at the request of
— Public
I
IF
10/21/2009
2:31 PM
D o,c # : � 2009059165 Titles: 1 Pages: 14
Fees 0.00
Tax,es`' 0.00
Others 0.00
PAID $0.00
This document is recorded for the benefit of the City of San Luis Obispo, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
OPEN SPACE AND PUBLIC ACCESS EASEMENT AGREEMENT BETWEEN
SAN LUIS OBISPO ELKS LODGE AND THE CITY OF SAN LUIS OBISPO
I`Egs
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Attn: City Clerk
990 Palm Street
San Luis Obispo, CA 93401 -3249
OPEN SPACE AND PUBLIC ACCESS EASEMENT AGREEMENT
This Open Space and Public Access. Easement Agreement, made and entered into
This Z / day of OC�-e,[ -er , 2009, by and between SAN LUIS OBISPO LODGE
4322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED
STATES IF AMERICA, a California corporation, hereinafter called "Owner ", and the
CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California.
Hereinafter called "City ", is made in regard to the following
RECITALS
WHEREAS, Owner possesses certain property (the "Subject Property ") situated
within the City of San Luis Obispo, described in Exhibit "A ", attached hereto and
incorporated herein, identified as 222 Elks Lane, in the City of San Luis Obispo,
California; and
WHEREAS, the Subject Property has certain natural resources, scenic beauty and
existing openness of importance to the community, including a portion of San Luis
Obispo Creek, and
WHEREAS, the Subject Property is also the identified route of a non - motorized
trail, known as the Bob Jones Trail, whose development and proper use is a high priority
of the citizens of the City, and
WHEREAS, both Owner and City desire to preserve, conserve, and properly
manage for the public benefit the biological diversity, scenic beauty and existing
openness and other natural conditions on the Subject Property, and
WHEREAS, both Owner and City recognize that the Subject Property requires
expert maintenance in balancing environmental concerns with the need for management
of stormflows occurring within San Luis Obispo Creek from time to time, and
WHEREAS, the Owner has offered to dedicate this open space and public access
easement to preserve the above described values by restricting Owner's use of and
activities on the Subject Property and permitting City's proper use thereof through the
imposition of a perpetual 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:
•
C
1. Owner hereby grants to City an open space and public access easement (the
"Easement") over the portion of the Subject Property (the "Easement Area ")
described in Exhibit `B" attached hereto and incorporated herein. Said grant
of easement conveys to City an 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, and to
permit the proper management and enjoyment thereof, by voluntarily
restricting the use of the Easement Area as hereinafter set forth. In accepting
said Easement, City hereby accepts the obligation, at its sole cost to:
a. protect and maintain the health of the natural environment found within
the Easement Area, and to provide for appropriate public access to the
Easement Area for public use, education, and enjoyment, and
b. take all actions reasonable and necessary actions to protect the Easement
Area and the Subject Property from erosion created by the San Luis
Obispo Creek.
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. Any structure(s), sign(s), or billboard(s) that exist within the Easement
Area at this time can be maintained and modified as permitted by City
regulations.
b. No new sign(s), billboard(s), or similar structure(s) may be located on or
in the Easement Area, except as permitted by City regulations.
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, stormflow management, 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
water, for transfer off of the subject property shall be allowed.
f. Functioning of the Easement Area for wildlife habitat, other benefits to the
natural environment, for stormwater management, and for proper public
use and enjoyment (specifically a non - motorized pedestrian and bicycle
trail) shall take precedence over all other uses, and public and private
access to the Easement Area shall be controlled by City. Fencing and
signage indicating the boundaries of the Easement Area and for public
safety or habitat protection shall be installed by City and kept in good
condition. Signage shall be as approved by the Natural Resources
Manager or his/her designee.
g. Any fencing installed on the boundary of the Easement Area shall be done
in a manner mutually agreed upon by the Parties
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 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 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 the City regulating the use of land.
7. The City shall have the right of access within the Easement Area to remove
any drainage obstructions, and to perform construction work and other erosion
control work required to protect the Easement Area and the Subject Property
from erosion, 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.
b. No new sign(s), billboard(s), or similar structure(s) may be located on or
in the Easement Area, except as permitted by City regulations.
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, stormflow management, 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
water, for transfer off of the subject property shall be allowed.
f. Functioning of the Easement Area for wildlife habitat, other benefits to the
natural environment, for stormwater management, and for proper public
use and enjoyment (specifically a non - motorized pedestrian and bicycle
trail) shall take precedence. over all other uses, and public and private
access to the Easement Area shall be controlled by City. Fencing and
signage indicating-the boundaries of the Easement Area and for public
safety or habitat protection shall be installed by City and kept in good
condition. Signage shall be as approved by the Natural Resources
Manager or his/her designee..
•
g. Any fencing installed on the boundary of the Easement Area shall be done
in a manner mutually agreed upon by the Parties
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 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 land.
7. The City shall have the right of access within the Easement Area to remove
any drainage obstructions, and to perform construction work and other erosion
control work required to protect the Easement Area and the Subject Property,
from erosion, 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.
0
•
8. All expenses relating to the relocation of existing improvements to
accommodate the Easement shall be the sole responsibility of the City of San
Luis Obispo, including but not limited to existing improvements for
recreational vehicle parking, driveway for lodge use and recreational vehicle
parking, and the existing freshwater well system supplying the property.
9. The City of San Luis Obispo hereby agrees to indemnify and hold harmless
the Elks Lodge for any and all liabilities arising out of the City's actions under
this Easement, except for the active negligence or sole negligence of the
Lodge. City shall not be responsible for the Elks Lodge's actions within the
Easement Area (such as maintenance of the billboard (s) which will or may
continue
10. The terms and conditions herein hall be binding on the parties
hereto and their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this document on the day
and year first written above.
ALL SIGNATURES MUST BE NOTARIZED
OWNER / GRANTOR:
SAN LUIS OBISPO LODGE #222, BENEVOLENT AND PROTECTI VE ORDER OF
ELKS OF THE UNITED STATES OF AMERICA
Y
W/ I By
is Adams Chairman of the Board of Trustees Davi Romero, Mayor
San Luis Obispo Elks Lodge #322 City of San Luis Obispo
SAN LUIS OBISPO ELKS LODGE # 322
BENEVOLENT ORDER OF ELKS OF THE UNITED STATES OF AMERICA
Consenting Trustees:
By
Sid Stark.(Five Year (Wstee)
Kevin Niles (Three Year Trustee)
ft r
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN LUIS OBISPO )
On October 20, 2009, before me Elaina Cano, City Clerk, personally appeared David F. Romero,
Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence
to be the person whose name is/ 71 subscribed to the within instrument and acknowledged
to me that e/s e /tl y execute the same in his/l�r /tlir authorized 94, and that by
his r/ it signature on the instrument the persoh(4, or the entity upon b6half of which the
person( acted, executed the instrument. �
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal
Signature
City Clerk
(Seal)
•
•
State of California
County of Lws c7
On 101-2-1105 before me, 06/A Fa S AZe- -a4'l/ 2 &/L,
Date Here Insert Name affid Title of the Officer
personally appeared
LePECLAUDIA mows
Cortunlaaion 1 1853990
Nowt' Pl mic - Califonft
San Luis Obispo County
My
Comm- dua 14 2013
Place Notary Seal Above
who 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
heishe44ey executed the same in his/her /their authorized
capacity(iee), and that by his /berftbeir signature(o on the
instrument the person%, or the entity upon behalf of
which the personM acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature 6—
Sign Notary Public
OPTIONAL ure
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
Title or Type of Document
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:.
❑ Individual
❑ Corporate Officer —Title(s): _
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
M
RIGHT THUMBPRINT
OF SIGNER
bl
Number of Pages:
Signer's Name:
❑ Individual .
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER__.
.. of
0 2007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.Nationa[Notaryorg Item #5907 Reorder: Call Toll -Free 1- 800 - 876.6827
•
EXHIBIT A
•
The property on which easement Exhibit B is located is in the City of San Luis
Obispo, State of California, described as follows:
Lots C and D of the Resubdivision of Lots 58, 61, 62, 63, 64, and 65, of the Ranchos
Canada de los Osos and La Laguna, as surveyed by R. R. Harris in January 1885 in
the county of San Luis Obispo, State of California, according to the map filed for
record in Book A page 161 of Maps, in the office of the county recorder of said
county, lying easterly of the California State Highway as said highway existed on
May 29,1950.
EXCEPT therefrom that portion of said Lot C as conveyed to Independent Order
Odd Fellows, Chorro Lodge No. 168, by deed dated October 28, 1949 and recorded
December 13, 1949 in Book 544, page 411 of Official Records.
ALSO EXCEPT therefrom that portion of Lot C described in the deed to the State
of California, recorded March 19, 1962, in Book 1174 page 264 of official Records.
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EXHIBIT B
•
All that real property in the County of San Luis Obispo State of California being a part of that
portion of Lots C and D of the Resubdivision *of Lots 58, 61, 62, 63, 64, and 65 of the
Subdivisions of the Ranchos Canada De Los Osos and La Laguna described in a deeded recorded
in Volume 1039 of Official Records at page 556 in the office of the County Recorder of said
County, said Lots C and D being shown on a survey recorded in Book 45 of Records of Survey at
page 42 in the office of said County Recorder; said part of said portion of said Lots C and D
described by said deed being more particularly described as follows:
That part of said portion of Lots C and D described in said deed lying southerly and westerly of
the following described line: Beginning at the most northerly comer of said Lot D as shown on
said Record of Survey, said point being the True Point of Beginning; thence, along the following
courses: South 6 °15'25" West 97.90 feet; South 9 °29'46" West 38.24 feet; South 0 05648" West
39.27 feet; South 0'55'15" East 48.08 feet; South 11'06'27" West 40.57 feet; South 15 °51'49"
West 40.33 feet; South 23 °03'33" West 38.85 feet; South 11 °08'34" West 64.35 feet; South
2 °06'48" East 1.3.25 feet; South 11 °51'38" East 149.30 feet; South 14 °25'26" East 294.05 feet;
South 45 °51'06" East 90.66 feet; South 67 °12'52" East 119.65 feet; South 63 °51'23" East 28.36
feet to a point on the easterly line of said Lot D, said point being North 26 °08'37" East 60.46 feet
along said easterly line from the most southerly corner of said Lot D as shown on said Record of
Survey. Said part of said portion of said Lots C and D being shown on Sheet 2 attached hereto
and made a part hereof.
Terence K. Orton P.E. 21807 (Exp. 9 -30 -2009)
PR'JF ESS /n
4
No. 21807
R
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srgl CI1/Ei..
Sheet 1
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LOT C
0
• N
s} .•iJ
z .�
6,3 •46�
LOT D
LINE TABLE
LINE
BEARING
DISTANCE
L11
N06'1 5'25 "E
97.90
L2
N09'29'46 "E
38.24
L3
N00'56'48 "E
39.27
L4
N00'55'1 5 "W
48.08
L5
N11'06'27 "E
40.57
L6
N15'51'49 "E
40.33
L7
N23'03'33 "E
38.85
L8
N11'08'34 "E
64.35
L9
NO2'06'48 "W
13.25
L10
N11'51'38 "W
149.30
L11
N14'25'26 "W
294.05
L12
N45'51'06 "W
90.66
L13
N6712'52 "W
119.65
Ll 41
N63'51'23 "W 1
28.36
z
rn
v
N
O
s LAND
WESTLAtt ENGINEERING, INC.
3480 SOUTH HIGUERA, SUITE 130
SAN LUIS OBISPO, CALIFORNIA 93401
(805) 541 -2394
SHEET 2
i
i
i
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the OPEN SPACE DEED
AND PUBLIC ACCESS EASEMENT dated October 20, 2009, by and between SAN LUIS
OBISPO LODGE #322; BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF
THE UNITED STATES ( "Grantor"), and the CITY OF SAN LUIS OBISPO, a municipal
Corporation ( "Grantee "), is hereby accepted by the undersigned off icer 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 Grantor hereby consents to recordation thereof by its duly authorized officer or his agent.
Date: October 20, 2009
ATTEST:
Elaina Cano, Interim City Clerk
CITY OF SAN LUIS OBISPO
by: C. r,�i•�C'�,r
David F. Romero, Mayor
END OF DOCUMENT