HomeMy WebLinkAboutD-1994-028650 APN 053-111-043, APN 053-111-047 Recorded 05/05/1991• Doc No: 1994-028650 Rec No: 00034230
RECORDING REQUESTED BY:
The Laguna Lake Company
�I
WHEN RECORDED RETURN TO:
City Clerk
P., -O. Box 8100
San Luis Obispo, CA 93403 -8100
A- 65 -93 -CC
Official Records :NF 0.00
San Luis Obispo Co. :
Francis M. Cooney :
Recorder :
May 05, 1994 :
Time: 14:58 :
121 :TOTAL 0.00
APN 053 -111 -043
APN 053 - 111 -047
i
AGREEMENT BETWEEN THE LAGUNA LAKE COMPANY AND CITY OF
SAN LUIS OBISPO REGARDING PREFUMO CREEK IMPROVEMENTS
THIS AGREEMENT, dated this 7th day of September 1993 by
and between THE LAGUNA LAKE COMPANY, a California General Partnership,
(herein referred to as "Owner ") and the CITY OF SAN LUIS OBISPO, a
California Chartered Municipal Corporation (herein referred to as
ticityll) .
4,
WI.TNESSETH:`
Reference is hereby made to that certain real property in the City
of San Luis Obispo, County of San Luis Obispo, State of California, as
described and shown on the attached Exhibit A, and
WHEREAS, one of the conditions of the exchange of properties shown
on Exhibit B, between Owner and City, established by the City Council
per Resolution No. 7011 (1991 Series), and in conjunction with Lot Line
Adjustment LLA 91 -019, required certain creek stabilization and erosion
repairs to the Prefumo Creek channel within said property, and
WHEREAS, the Owner has completed certain repairs to the
satisfaction of the Public Works Department, Community Development
Department, California Dept. of Fish & Game (.F &G), and in accordance
with an Army Corp of Engineers (COE) permit ( #92- 535 -MJ), and
WHEREAS, additional bank stabilization and erosion protection has
been determined to.be necessary as a result of the past Winter storms,
A- 65 -93 -CC
Laguna Lake Co.'Agreement (Prefumo Creek)
Page Two
and as shown on plans approved by the City Engineer and Community
Development Director on August 24,1993, and
WHEREAS, the COE permit requires the Owner to maintain the
landscaping and slope protection and to submit annual reports to the
COE for 3 years after completion of the work,,as specified in the
attached Exhibit C, which was completed in December of 1992, and for
said additional work to be done, as noted above. The first report is
due on January 1, 1994.
NOW THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO:
(A) Owner shall continue to be responsible for maintaining the
above - mentioned improvements and to file the 3 required annual reports,
pursuant to said COE permit # 92- 535 -MJ, at Owner's sole cost and
expense, even though a transfer of ownership of the creek channel to
City may occur during that period of time; and
(B) A $ 10,000 Irrevocable Letter of Credit or Certificate of
Deposit (to the satisfaction of the City Attorney) shall be submitted
prior to the exchange of deeds, to guarantee all reports and /or
replacement mitigation specified in the COE, F &G or City permits,
including any amendments and /or additional permits issued to include
the said additional work. Failure by Owner to comply with the above
requirements, shall be cause for City to collect the proceeds of the
surety and to complete said requirements.
In the event that all or a portion of the $ 10,000 irrevocable
letter of credit or certificate of deposit has not been used (or is not
needed to complete any requirements under this agreement) by the City
Laguna Lake Co. Agreement (Prefumo Creek)
Page Three
to provide replacement mitigation specified in COE, Fish & Game or City
permits, or for preparation of required COE reports, such remaining
funds shall be refunded upon request of Owner, within thirty days (30)
after expiration of the three (3) year period, and
(C) Copies of the COE reports shall be submitted to the City's
Community Development Director and City Engineer by the due dates for
the COE reports; and
(D) The requirements of said COE, F &G and City permits as noted
herein and this agreement shall be binding upon Owner's heirs,
successors, agents or assigns.
(E) Owner hereby agrees to indemnify and save harmless City, its
officers, agents, and employees of and from:
1. Any and all claims and demands which may be made against City,
its officers, agents or employees by reason of any injury to
or death of any person or corporation caused by any negligent
act or omission of owner under this agreement or of owner's
employees or agents;
2. Any and all damage to or destruction of the property of City,
its officers, agents, or employees occupied or used by or in
the care, custody, or control of owner, or property of others,
or in proximity to the site of owner's work, caused by any
negligent act or omission of owner under this agreement or of
owner's employees or agents;
3. Any and all claims and demands which may be made against City,
Laguna Lake Co. Agreement (Prefumo Creek)
Page Four
0
its officers, agents, or employees by reason of any injury to
or death of or damage to property suffered or sustained by any
employee or agent of owner under this agreement, however
caused, excepting, however, any such claims and demands which
are the result of -the negligence or willful misconduct of
City, its officers, agents, or employees;
4. Any and all penalties imposed or damages sought on account of
the violation of any law or regulation or of any term or
condition of any permit, when said violation of any law or
regulation or of any term or condition of'any permit is due to
negligence on the part of the owner.
Owner, at its own cost, expense, and risk, shall defend
any and all suits, actions, or other legal proceedings that
may be brought against or for employees on any such claim or
demand of such third persons, or to enforce any such penalty,
and pay and satisfy any judgment or decree that may be
rendered against City, its officers, agents, or employees in
any such suit, action or .other legal.proceeding, when same
were due'to negligence of the owner.
(F) The prevailing party in any action between the parties to
this agreement brought to enforce the terms of this agreement or
arising out of this agreement may recover its reasonable costs and
attorney's fees expended in connection with such an action from the
other party.
EXHIBIT A
LEGAL DESCRIPTION OF LAGUNA LAKE MOBILE ESTATES
Parcel 1: Parcel A of Minor Subdivision 78 -250, recorded in Book 28 of
Parcel Maps at Page 67, in the Office of the San Luis Obispo
County Recorder, State of California.
Parcel 2: Parcel 1 of Minor Subdivision 87 -046, recorded in Book 45 at
Page 13 of Parcel Maps in the Office of the San Luis Obispo
County Recorder, State of California.
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DEPARTMENT OF THE ARMID
LOS ANaius GI[TAICLCO&PI Of twe"t"S
A —,If 5/ir / f -1 3
cot •�catt. CA OcwIA ►x =%-saL
July 281 1992
. - FEPLYTO ,
hTi EN' i?4� OF:
Office of the Chief
equlatory Branoh
pander Properties
0/0 B8n L. +icaddalena
396 Buckley- Road
San Luis Obispo, California 93401
Gentlemen;
This is .in .reply to your application (No. 92- 535 -MJ) dated
June 19 1992 for a DEpartnent of the Army Permit 'Co perform. bank
stabilization measures which includes grading and slope rounding,
backfilling, and
rock. slope protection, placing filter fabric,
revegatating the slope. The project site is located at Perfumo
Creak, approximately 200 ft upstream of Laguna Take, in the City
and county of San- Luis•Obispo, California.
Regulations for our permit program, PuSlished in the radaral
Register, include Part 330 - Nationwide Pernits (sea the
enclosure). The Corps of Engineers has determined that your.
:preposcd activity complies With the terns and conditions of. the
nationwide permit at 33 cm Part 330, Appendix A(B)(13).for bank'
stabilization activities necessary for erosion prevention as.
listed in the enclosure.
As Tong as you comply with the. nationwide permit conditions
described it Part 330, Appendix A (C) and the attached special
:described . individual perrcit is not required. This letter of
verification in valid for a period not toeaxco�drevckadabefa unless
the nationwide permit is nodified, reissu ,
that time.. It' is incumbent upon you to remain informed of
change.% to the- nationwide Per -tits.
A nationwide permit g=oes not grant any property rights or
exclusive privileges.- Also it does not authorize any injury to
the property or rights of others or'authorize interference with
a.�•
David J. castanon
chief, North Section
Enolosure
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT j No. 5193
State of California
County of Los Angeles
On Aug. 27, 1993
DATE
before me, G. K. Hays, Notary Public
NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC-
personally appeared Robert J. Hedley and Leo E. Gathe
NAME(S) OF SIGNER(S) '
x) z❑ 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 ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
oFricfA sFAT. capacity(ies), and that by his /her /their
G. K. HAYS signature(s) on the instrument the person(s),
Fa l NOT`ARRY PUBLIC - CALIFORNIA h b h
® OPTIONAL SECTION
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to
fill in the data below, doing so may prove
invaluable to persons relying on the document.
❑ INDIVIDUAL
❑ CORPORATE OFFICER(S)
TITLE(S)
Q�RTNER(S) ❑ LIMITED
XX® GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARD IAN/CONSERVATOR
❑ OTHER:
ANGELES COUNTY or t e entity upon a C2 of WHICH the
My Comm. Expires Jan. 24,1995 person(s) acted, executed the instrument.
SIGNER IS REPRESENTING:
WITNESS m hand an official Seal. NAME OF PERSON(S) OR ENTITY(IES)
Laguna Lake Company, a California
general partnership
SIGNATURE O OTARY
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENTAgreement between Laguna Lake Co & City of San Luis
THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES Five (5) DATE OF DOCUMENT bi spo
Though the data requested here is not required by law,
it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
@1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 9i 309 -7184
0
Recording Requested by:
When recorded, return to:
City Clerk's Office
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA 93406
OPEN SPACE EASEMENT
This indenture, made and entered into this day
of , , by and between FOOTHILL PROPERTIES,
general partnership, hereinafter called "Owners" 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 in
the City of San Luis Obispo, County of San Luis Obispo, State
of California, hereinafter described as "the subject .
property," and more particularly described in Exhibit "A ",
attached hereto and by this reference incorporated herein; and
WHEREAS, the subject property has certain natural
scenic beauty and existing openness; and
WHEREAS, both Owner and City desire to preserve and
conserve for the public benefit the great natural scenic
beauty and existing openness, natural condition and present
state of use of said property of.the Owner; and
WHEREAS, the Owner has requested approval of Tract 1313
Unit 1, a 41 lot residential development of which 9.8+ acres
beyond the City's urban reserve line would be preserved in its
present scenic beauty and existing openness by the restricted
use and enjoyment of said property by the Owner through the
imposition of a perpetual open space easement with conditions
hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and
Final Tract Map for said development as required by City
ordinance; and
WHEREAS, the City approved said plans and Final Tract
Map including a grant to the City of a perpetual open space
easement on a portion of said property, and
d,
.. ..... ..... .................... - ......._............ - - ........................ _ = -- ........ -- -- ... _.
WHEREAS, the Owner is willing to grant the perpetual
open space easement on said 9.8 acres as a part of the
subdivision approval; and
WHEREAS, the Owner has supplied City with a.title
Company Preliminary Title Report listing all trust deed
beneficiaries and mortgagees, if any, under prior recorded
deeds of trust and mortgages on the subject property.
NOW, THEREFORE, in consideration of the premises and in
compliance with Chapter 6.5 of Part 1 of Division 1 of Title 5
of the Government Code of the State of California commencing
with Section 51050, 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 hereunto agree, as follows:
1. Owner hereby grants to City an open space easement
in and to the property described in Exhibit "A ", said grant of
open space easement conveying to City an estate and interest
in said real property of the nature and character and to the
extent hereinafter expressed and resulting from the
restrictions hereby imposed upon the use of said property by
Owner. To that end, and for the purpose of accomplishing the
intent of the parties hereto, Owner covenants on behalf of
himself, his heirs, successors, and assigns with the City, its
successors and assigns to do and refrain from doing severally
and collectively upon Owner's property the various acts
hereinafter mentioned.
2. The restrictions hereby imposed upon the use of
said property by Owner and the acts which Owner shall refrain
from doing upon the said property in connection herewith are,
and shall be, as follows:
2A No structure will be placed or erected upon said
premises except appurtenances for agricultural uses consistent
with the open space character and intent of this document.
2B No advertising of any kind or nature shall be
located on or within said premises.
2C Owner shall not plant nor permit.to be planted any
vegetation upon said premises except as may be associated with
erosion control or agricultural uses consistent with the
provisions of this agreement. Permitted uses shall include
but not be limited to grazing and related activities or other
agricultural uses permitted by the City Council.
2D Except for the construction, alteration, relocation
and maintenance of public roads and utility easements, the
general topography of the landscape shall be maintained in its
present condition and no topographical changes shall be made.
2E No use of said described premises which will or
does materially alter the landscape or other attractive scenic
features of said premises other than those above specified
shall be done or suffered.
2F Owner shall not cut timber, trees or other natural
growth, except as may be approved by the City Community
Development Director.for fire protection, or as required for
thinning, elimination of diseased growth and similar
protective measures.
2G Owner shall not extract natural resources from said
premises except for development of water rights.
2H No lot split shall be permitted.
2I Solid fencing within the open space shall not be
allowed. Fencing shall be appropriate to open space
preservation and shall be approved by the Director of
Community Development of the City of San Luis Obispo.
3. The following property rights in said property are
hereby excepted from this grant and are reserved to Owner:
3A The right to use and occupy said land shall be
limited to grazing and related activities or other
agricultural uses as approved by the City. No vegetation
other than that necessary for erosion control or permitted for
agricultural uses may be planted.
3B The right to maintain all existing privates roads,
bridges, trails and structures upon said land, and the right
to develop and maintain public and private water sources and
systems.
4. Land uses permitted, or reserved by this instrument
shall be subject to the ordinances of City regulating the use
of land.
5. This easement shall remain in effect in perpetuity.
6. Notwithstanding any provisions herein, this grant
of an open space easement shall in no way restrict the
construction of, nor the right of the Owner to permit
construction of, public service facilities installed, or'to be
installed, for the benefit of the land which is the subject of
this grant, provided such facilities are installed, or to be
installed, pursuant to an authorization of the City Council.
t
7. This grant may not be abandoned by City except
pursuant to all of the provisions of Section 51061 of the
Government Code of the State of California.
8. This grant of'open space easement, as specified in
Section 51064 of the Government Code of the State of
California, upon execution and acceptance in accordance with
Chapter 6.-5 of Part 1 of Division 1 of Title 5 of the
Government Code of the State of California.commencing with
Section 51050, shall be deemed to be an enforceable
restriction with the meaning of Article XXVIII of the
Constitution of the State of California.
9. The trust deed beneficiaries and mortgagees, if
any, listed on the Preliminary Title Report referred to above,
and whose signatures are affixed hereto, do hereby assent to
this grant of an open space easement and, further, do hereby
subordinate their respective interests to the restrictions
imposed by this grant.
10. Land uses permitted or reserved to Owner by this
grant shall be subject to the ordinances of City regulating
the use of land.
11. The terms contained herein shall be binding on the
parties hereto and their successors and assigns.
12. This open space easement shall be effective upon
the effective date of recordation of Tract 1313, Unit 1.
IN WITNESS WHEREOF, the parties hereto have executed
this document on the day and year first above written.
OWNERS:
FOOTHILL PROPERTIES, a General Partnership
By: S.E. Bell, Inc., a California Corporation
A General Partner
By:
Stanley E. Bell (President and Secretary)
.................. .
f
NOTARIAL
State of California
County of San Luis Obispo
On 1986, before me, a Notary Public
for the State of California, personally
appeared
_, personally known to me -, or proved to me on the basis of
satisfactory evidence to be the person who executed the within
instrument as-the President and personally_ known to me or
proved to me on the basis of satisfactory evidence to be the
person who executed the within instrument as the Secretary of
S.E. Bell, Inc., the corporation that that executed the within
instrument on behalf of Foothill Properties, the partnership
that executed the within instrument, and acknowledged to me
that such corporation executed the same as such partner and
that such partnership executed the same.
Witness my hand and official seal.
EXHIBIT "A"
OPEN SPACE EASEMENT DESCRIPTION
Beginning at the most northwesterly corner of Lot 17 of Tract
1313 also being the most northwesterly corner of said Tract as
said Tract is recorded in Book of Maps at Page in the
office of the County Clerk- Recorder, County of San Luis
Obispo; Thence, South 00 40' 08" East, along the westerly line
of said tract a distance of 1026.56 feet to the southwest
corner of lot 13 of said tract;
Thence, North 890 46' 59" East along the southerly line of
said lot 13, also being a southerly line of said tract, a
distance of 377.22 feet to an angle point in the southerly
line of said lot 13 and said tract;
Thence, continuing along said lot line and tract line, South
48 54' 45" East a distance of 75.05 feet to the beginning of
a non - tangent curve concave to the west having a radial
bearing of North 410 06' 53" East and a radius of 175.00 feet;
Thence, along said curve, said lot line and said tract line an
arc length of 93.61 feet to the most southerly corner of said
lot 13;
Thence, leaving said tract line and continuing along the
southerly line of said lot 13, also being the northerly line
of lot 7 of said tract, North 33° 46' 39" East a distance of
105.18 feet to the most northerly corner of said lot 7;
Thence, continuing along the southerly line of said lot 13,
also being the northerly line of lot 9 of said Tract 1313,
North 670 19' 09" East a distance of 30.00 feet to the most
southeasterly corner of said lot 13, also being the southwest
corner of lot 10 of said Tract 1313;
Thence, along the westerly line of said lot 10 and the
easterly line of said lot 13, North 350 12' 35" West a
distance of 92.20 feet to the northwesterly corner of said lot
10;
Thence, along the easterly line of said lot 13, also being the
westerly lines of Lots 11 and 12 of said tract, North 22° 40'
51" West a distance of 190.00 feet to the northwest corner of
said lot 12;
Thence, leaving the boundary lines of lots 11, 12, and 13 and
continuing North 22° 40' 51" West across said lot 13 and lot
14 of said tract a distance of 250.46 feet to the southerly
line of lot 15 of said tract;
Thence, North 30 20' 02" East, across Lot 15, along the
westerly line of Lot 16 and across lot 17, 573.20 feet to the
northerly line of said lot 17,-also being the-northerly-line
of said Tract 1313;
Thence, South 89° 47' 00" West, along said northerly lot and
tract line a distance of 393.40 feet to the point of
beginning, containing 9.81 acres more or less.
Legal Description for
Abandonment of Open Space Easement
All that portion of an open space easement as described in
Book 2105 of Of ficial Records at Page 660 in the office of the
County Clerk- Recorder, County of San Luis 12, 13, 14, 15, 16
shown over portions of Lots 7, 9, co 11,
and 17 of Tract n
said Countyelying BSoutherly.(within
Maps at Page 3 0 Records of
lots 7 and 9), and Easterly (within lots 9 through 17) of the
following described line:
Beginning at the Northwesterly corner of Lot 7 also being the
most Southerly corner of Lot 13 of said Tract 1313 thence;
Along the Northerly line of Lot 7 46 39" E7a distance of
105.18 feet to the most Northerly corner
Thence, along the Northerly line of Lot corner o19' 00910E a
distance of 30.00 feet to the Southerly
line of lots 10, 11, 12 N 35 12' 35" W
Thence; along the W'1y , „
a distance oto92.20Nfeet asterly2 corner 5of Lot 12stance of
185.00 feet
Thence continuing N 22 40' 51" W across Lots .13 and 14, a_
distance of 255.46 feet to the Northerly line of Lot 14.
Thence, N 03 o200' 002 corner Lot 15
16a distance of 174.69
feet to the Southerly
of
Thence continuing N 3 20' the Westerly
Lot 16 a distance of 139.90 feet to
of Lot 16.
Thence continuing across of
258.53 feet t
FX HIM;- A
VOL (fl `�5 258
............. ..., — ........_
All.
17
E
nmm0tac at
Wbea recorded, return to..
CM CLEUIS orrict OFFXWL FAMCRDS
VA UANS 0013PO CCL. CAC
City of San Luis Obispo
P.O. box 331
San We Obispo, CA 93406 OCT 10 W8
ii
P14
WRLAM E. Muin
OPEN SPAM V.Sciewr ODJKtY FAnDF4XR
""1 3 : 35 PM
TILLa indenture, made and entered into this I.0 day of Av•.•C.
4971, by IA4 between POLIN-TRUCHAN k CO-0PZR RZAITY, INC., hersLn-
agrAr called 'Owners' and T= CITY Or SAN LUX, OBI a municipal
corporation of the State of California, beraLmaftAr called CLtX.
WXTWWSZTU r
MmRiAs' Owner possesses certain Property xitaxta,4 in the
CAxwtr of San Luis Obispo. State of California, hecelaafter described
AA . tIm subject property.* and more particularly described in ZxhLbIt
•21, attached hereto and by this reference incorporated bAraLrkj and
V=JMAS, the subject property has certain natural scenic
beauty and existing opennosso and
V=RZAS, both Owner and City desire to presex-re nerd conserve
for tbda public benefit the Mat natural scenic beauty and existing
A.C.
openness, natural condition and present state of use at said property
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a)
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of the owners and
a)
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V=RZAS. the Owner has requested annexation of 21• acres to
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the City with intent that IL• &,crve would be •LIC-4 to develop
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with ID single family home ■Ltom and that the ressaLnLaq 10s acres
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beyond the City's urban reserve Line would be preserved in its present
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scenic beauty and existing openness by the rsstzLctml use and enjoy-
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me nt of said property by the Owner through the LApo.Ltton of a
perpetual open space •aean�mt with conditions hereinafter expressed)
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and %. L
-L-
2105 rLi660
..0
COPY
2945PAGE
'1.• :•i, �.ir': ,: ir'• .:�,•!'.;:,'�,!: {'i +4i{}� M! ai.'''I$i�iM•); i � ki: %!y{{••M i{)F!'�i!-!ai'!':!. ::M:!i S,!i t:i;, _i!. i; ?: l::: i! ':i:jiTi:�4sii1+ ..« ,,iii,::
_, Y' 4.ii?i.•.Sy !:i (:►..E.� ilttu:::i!!. .(.'i1. �a :�� ((•. k. .1 , Y �•,:,.,y. ,!. i
�'�'• :1: •::: L":�•.. 1:': .. �:IiLit• .....,.. - .,.:tT:::i:: :i ". .. .. •+:f •. .: :4. +. '��i: 'L•. .. ��:..+ :�. .>•i�' .'!�� r: ;r; '� .y:••. •:,
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�. corcl e r'
Due TO
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Duc
( -- ument
7
Ir1F01R ", the Omer of said property suhsitted a developa,eat ,•c1- ::::!�i,. :'.i
.•' ��. plan for said 310 acres an required by City annexation oollryr and ' -
•
I WMPLELD, the City approved said developmeat plan by prerontng
i the 21_ acre 'development area 'R -1 planned Development' and AC -1r,
(Agriculture -Conssryatloo) subject to certain conditions of aooroval,
including a grant to the City of ■ perpetual open •once easement on
f a portion of said property, and
ti,rewwma�sl
b=RLAS, the Owner Ss milling to grant tha perpetual oven i '•, r:: . i' .,,
:,:`:��iK�h!j =7Ni f i!.: ;�!!!i +!!.!Ef.r.j� :r.!�iNF..,!•
space easement on said LO acres as-a part of the annexation aporovalr •'"
.:�,��' :i sad ..:�:.. .. .��'�•••�`.
MHXRLAS, the Owner ban supplied City with a title Company
Prellalnary Title Report listing all trust deed h.neflciaries and
mortgageee, lf`any, under prior rscorv4ed decd• of trust and mortgages
on the subject property.
R NOSE, THEIMrORE, is consideration of the promises and in Co.-
+: pllance with Chapter 5.5 CC Pact L of Division 1 of Title S of the �:fi'K!R!!!'=!!'• +�+ •' K W•
. :i ::,iii Oovernasnt node of the State of California Coass.rneing with Section
71050, and in further conaideration of the annual promises, cove-
nante and the conditions herein contained and the suhstantLal ouKlie
benefits to be derived ther.(rom,the parties hereunto agree, as
follower
I
1. Owner hereby grants to City an open space saaoment in
and to the property described In Lahihic 'B', meld grant CC open
space w sea•ent conveying to City an a tet. and interest in said real
I
y PrpPe Ry Of the nature and character and to CM •,xtent hereinafter
axpc.seed and resulting from the rn trietions herohv imposed upon
the use of said property ny Owner. To that end, aryl for the ourpose
Of aropmplishing the intent of the parties hereto. Owner covenant. •• . •,; ':•' :•:•• i:• -
"• on behalf of himself, his heirs, successors, and ani ns with the ~:- it''''ii•:•'' "`i�!�'''`� -
a+�2105 661'
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1 I;fthll• •
Recorder's Memo,
Poor Record is Due To
Origin , -f •'Docurri -ent.
City, its successors and assigns to do and refrain from doing
severally and collectively upon Owonr's property the various acts
hereinafter mentioned.
2. The reetrietions hereby imposed upon the use of said
property by Amer end the acts which Owner shall refrain from doing
upon tie said property in connection herewith are, and shall he. as
follows!
2.A No structures will be placed or erected upoe said prwmises
except appertenances for agricultural uses ooneisteat with the
opev apace character and intent of this document.
3.9. No advertising of any kind or nature shall >v located
oa or within said promises.
2.c.• Owner shall not Plant nor permit to be P1&ated any
vegetation upon said premises except as may M associated with
erosion control cc agricultural use■ consistent with the orovLalon■
of this agreement. Permitted uses shall include but not he Limited
to grasinq and related activities of other agricultural uses
permitted by the City Council.
2.D. Lxc+pt for the construction, altwratLon, relocation and
maintenance of public roads and utilities eascmo nts, the general
topography of the landscape mall be malntalned in its Present con -
dltloo and no topographic changes ■hall be made.
I.E. No use of &aid described premises which will or does
materially alter the landscape or other attractive sc+nLc festu.res
of amid praises other than those above specified shall be done or
suffered.
2.P. Owner shall not cut timber, tree• or other natural
growtA. except as sway be approved by the City Community D velopmwmnt
-7-
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�I �iY'•`•'ti'li1Kt -i!
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1 I;fthll• •
Recorder's Memo,
Poor Record is Due To
Origin , -f •'Docurri -ent.
City, its successors and assigns to do and refrain from doing
severally and collectively upon Owonr's property the various acts
hereinafter mentioned.
2. The reetrietions hereby imposed upon the use of said
property by Amer end the acts which Owner shall refrain from doing
upon tie said property in connection herewith are, and shall he. as
follows!
2.A No structures will be placed or erected upoe said prwmises
except appertenances for agricultural uses ooneisteat with the
opev apace character and intent of this document.
3.9. No advertising of any kind or nature shall >v located
oa or within said promises.
2.c.• Owner shall not Plant nor permit to be P1&ated any
vegetation upon said premises except as may M associated with
erosion control cc agricultural use■ consistent with the orovLalon■
of this agreement. Permitted uses shall include but not he Limited
to grasinq and related activities of other agricultural uses
permitted by the City Council.
2.D. Lxc+pt for the construction, altwratLon, relocation and
maintenance of public roads and utilities eascmo nts, the general
topography of the landscape mall be malntalned in its Present con -
dltloo and no topographic changes ■hall be made.
I.E. No use of &aid described premises which will or does
materially alter the landscape or other attractive sc+nLc festu.res
of amid praises other than those above specified shall be done or
suffered.
2.P. Owner shall not cut timber, tree• or other natural
growtA. except as sway be approved by the City Community D velopmwmnt
-7-
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.7• .L.;+ 1• :;f: !. ?�i :! :Eil�!_ E r 1j�1c kdHi ...4 .C3 .aLi�• ..: lrh� .tlSE�i:?K.�i�:�t.��l•. :...•t• .:. 1,.,.,.1:,: 1{.•:•.; fLf! Sai
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�yyee��a1Y 1 -
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:.c.144 FRrder's Aerne: eccrd.is Dare To'.
D e n�tj
1 A : -- -
olrector for fire protaetlon, or as require for thinnlnq, elLmina-
tion of dtaeased growth and similar protective maaeutes.
" :•� I.C. Owner •ball not extract natural resources from said
promises except for development of water rights.
2.8. No lot split shall be permitted.
). The following property rights in said orowrty arm h.re�w
excepted from this grant and are reserved to Owned
1 ).A. The right to use and occupy said land shall be limited
to graslnq aad related activities or other agricultural uses as
approved hy. the City. No vegetation other than that Mcessary
for erosion eoatrol or permitted for agricultural usws may he planter•.
].a. The right to maintala all existing orlyate roads, hrldges,
trails and •tructores upon said land, and the right to AeveLoo and -
maintain public and private water sources and systew .
1. Land uses pertaltted, or reserved by this Last.rument shall he
Aj�; subject to the ordinances of City regulating the ese of lard.
lll.1 S. This casement shall remain LA effect in oeroetuit i i�S'if "i :i •i M+;•'1(".
,.5 ..•. :.'ice :1r�',: •:,: y. - 'X.LE ',
:j�. % :%•.!i' :i_ ? :� :: 6. slotvithstarldlnq any provision■ herwln, this �''i'• :"
grant of an own :• r:• :•••r; :•A; :! : :_,
-I•:1:; :1 :: ,.
'•''�%F .,a ■pace •ssement shall In no way restrict the eonstructLon of, nor tp%e
right of the Owner to permit construction of, pu),llc service facilities
installed, or to be installed, for the benefit of the land which is
the subject of this grant, provided such facilities are installed, or
to be lnatalled, pursuant to an authorisation of the City Council.
7. This grant may not be abandoned by City exceot oursuant to
r all of the orovlalon■ of Section SlgFI of the roverius.nt Code of
S
! the State of California.
1. This 'grant of ooen pace sase,•.ant, a■ specified in Section
$1061 of the Governorot Code of the State of California, noon ex-
:, ecutlon and acceptance is accordance with Chapter 6.5 of Part 1 of !: '••�;.�
• •!':1:•1:'1: .•1 :: 1'.I::il' •r 1`� +i1 %i V:11.:'.
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Division 1 of TLtli 5 of the Cov.rru.nt Code of the State of
California com.snelnq vlth section 51050, &Tull be de.lmed to be
an snforcLble restriction with the meaning of Article t'NIII of
the Constitution of tits State of California.
!. The trost deed beneficiaries and aortgaq.es, if any, listed
an the rrel Lnlaar7 Title 14port referred to above, aM whose
signatures are affLse4 heretoo do hareby assent to this grant of
as open space easement and, further. do hersby suhordlnate their
respictive Lntecssts to the restrLctlons Lalvos.d by this grant.
Lo. Lead alas permitted or rewrred to Owner by this grant
shall be subject to the ocdlnaoces of City requlatinq the use of
Land.
11. The terms cootaLned herein stall he ?%Lndinq on the pardon
hereto and their surveesors and asslgas.
12. TLLs open space easement shaLL he effective moon the effectlya
date of aanesatlon to the City of 36.7 screw known u the '►oothLll
Annesatloo' depicted on 9xhLblt 'A'.
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- - - -- -- C-CLIMent t
Division 1 of TLtli 5 of the Cov.rru.nt Code of the State of
California com.snelnq vlth section 51050, &Tull be de.lmed to be
an snforcLble restriction with the meaning of Article t'NIII of
the Constitution of tits State of California.
!. The trost deed beneficiaries and aortgaq.es, if any, listed
an the rrel Lnlaar7 Title 14port referred to above, aM whose
signatures are affLse4 heretoo do hareby assent to this grant of
as open space easement and, further. do hersby suhordlnate their
respictive Lntecssts to the restrLctlons Lalvos.d by this grant.
Lo. Lead alas permitted or rewrred to Owner by this grant
shall be subject to the ocdlnaoces of City requlatinq the use of
Land.
11. The terms cootaLned herein stall he ?%Lndinq on the pardon
hereto and their surveesors and asslgas.
12. TLLs open space easement shaLL he effective moon the effectlya
date of aanesatlon to the City of 36.7 screw known u the '►oothLll
Annesatloo' depicted on 9xhLblt 'A'.
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k cor tier's Memo-
F 'Cora is Due To
;iri in31 DoafMent
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IN ttITNt44 MlLLALO /, the paJ:tiee hereto have executed thla
••:, ..,p.•'..��'r{ docum.at Oa Lbe day and year 11rat above rrittae.
]1s OWNERS ,
1 ?CU*-Tj=wj i MGPLR (V.ALIY, INC..
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i,.crr... a.ra.�rwalr.epad t
rtrtii!iiiiG;rp 11r;!;IilyyR,Util ;�f
*otary,
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-Recorder's Memo:
Poor (7• is. Due T o
Pc,--ument
EOWEU
wk2105 666
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VOL 2945 PATE 265
KOWELL
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wk2105 666
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Recorder's Memo:
Poor R
eCo'rd'is Due
ric, nal Document
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Recorder's Memo:
Poor R
eCo'rd'is Due
ric, nal Document
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Recorder's Memo:
-
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Poor Record is Due To
QL'a)'tY of Original Document
rki
E:PA.
L C.I.
CITY OF SAN LUIS OBISPO
YSr'`
:.�'S .
.'�•'� .
BY
r:�r:• '
,ire � �•
Approved
as to L-W
y
Approved a to content:
City Attorney on r
man
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'i;l• ;:j: ;::. l::: i' ;:;i Sl:.: 1• ++��1 i.`I.i IV1� .•}1; •', li {I j: k I''+i't't I! + {,t J1 +• . ,iyli:!i:,!r; :t l:!.: �:t �::;,. ;::, 1:!: �: i;,; ;; !: ;;1:, : .:i: t: i::Il :t lli: �: i:;al: i;�i:1.
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Recorder's Memo:
Poor Record is Cue To
Quality of 0_iginal Document
1.
July 2S. 191a
OPEN SPACE EASLKAY fost foOlMltl ANnEUIION
A Parcel of land being a rtion of the southeast
of Section 21 or r. 30 S.,o�i �j2.F N of Uv toutthew y
California 0•�•. San leis ODlspo Caunty.
described
as follo•n:
bt"I"111g at a Pal" on the Present City limit boundary.
r3' said point belrg
the north.est Corner of Parcel
3�L h!i
A of Parcel Map
Kook U. Pa P CO -7� -SO as recorded In
9+ 7 of Darrel 14p3
and running along the I+esCeri
said raKal A through the follo..l y boundary of
n9 courses:
1) South 0. 34• I8' East, 1.025.78 feet
2) North 89' s0' 00' East. 377.53 feet
3) South 49' 00' 00' East. 7$.00 feet
theta leering said westerly line and running North 87- 00•
East, 130 feet
morn or less to a Point; thence North 22' 00• West.
SIS feet acre or less.
thence ,north t' 00' East. 600 feet
no
City ll.rits bound., re or Itss to a point on the present
1: thence .}Ong said t
ag• �. present Ctly Limits boundary
WI•se,
+ '
ir:.rei -
- • {= e•:3Y:;:::•:;:•:
South
X15 fe.t .ore or less to ell e true Point of begfnaing
tainlnj 10 acres yon or less. and Con -
•:!: '• "�
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Recorder's Memo:
Poor Record is Cue To
Quality of 0_iginal Document
1.
r: f:;::�i'.:::s1;:::/!;:;i : :�,.:: :, {�,::1 { +i {:'•11;1i141i! !'• jt� '':Ij{FNti l� +: ?11! {�•i .N'!•Icc!! i•'tFtilj:!i %i�:+yi; <': 1•,e..1i'::s:; :� 1!:�:i'i= .:r::{:t:::j;:..
;...:..,:. ' .t -; •:.•:}!:. ! ...F,..•...;1�.. i!:• �� !({a.. ;.�. 1w;.!j1.�.�;M.,.:! ?.�.tl;.•. • .,� . �., ..i':.l .til;. �,;ti .,. '-' ' '.:. ., ,,,:
:- +;::•.:1••.:1::•:; +,:•: '.�;::. 1.:� +,;,', , ,•I.i�[•: :,: :: ;:i.. 's•' •:1.:�. r :'I:,.w;•,• :: : . ''���•• •'•, +; ; :+ s; li: 1:: �: :y:!'I;ia;i4iilj..yiii�i.iiti:;
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Recorder's Memo:
Poor Record is Due To
Quality of Original Document
j 12-SOLUTICH v0. 3637 (1971 Serlea)
i A "SOWTItt' OF T)e COWCIL OF THE CITY OF SL,1 LUIS
OY I SPO APPAOV I,yC ,L, Aj:U L,IE,rr OETYE Ex ME CITY AN0
i POCIY -rKUC) — 1 CWP%1 MALTY. INC. RX OPLV SPAQ
FIF [ASEND17 ASSOCIATED PITH THE FOOTHILL A\YILATIOa,
N IT " -SOLVW br the Council of the City of Sea Leta Obispo as follows:
S15cric r 1. T7ut arula aRr,eeeent, atearh.d bereto Marked [Ahlbt. -.t-
rd loon rpo rated here" by mPereace, bets,eee Nti City Of Sae Lida Oblapo end
PoILa,Truhxe 1 Cooper it.elc '
7. IoM, for opw apau sue. ^e 6ANKt.,Cd •lth
the Foothill Acmaatloe,
L WVt'l' apprw.d and the Shror (a e1lNoetrM eo execute the axes.
SKTIOX Z. The Cltr Clerk ehaLL furnish • COPY of Nla Msolutloe
end a co" of the executed xlrsasnt appreesd by it co: r4,LX -TVjXR A,Y 1
coo," ttCAL7T, Il[., to th."f .11Y Recorder for rvw Cdl g W to the
Cd,!,slry a,elop_et aParbent,
02 cotton Of Ceu,ci Lean P*tt -rsw
. aemnded OY Corelln.n Settte
wd a the lot Lwlnl rut wt
ATI:T: Gultell..a Ouw ln, Petter+on. Settle and Mayor r Sri..art t
Mors: Council— Jortenew
AaSSLW: Mo..
the [orelolnl Itesol.clm Yea peaeed end • t.d Ltsle let
19 Tl. dq o[ AWust
�• ?or
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1 $637
' •:
134 nx
IBM
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VOL 2945P,u 26 6
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END OF DOCUMENT L
2105 67L
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Apprvv*d •S to C"tflt:
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END OF DOCUMENT L
2105 67L
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