Loading...
HomeMy WebLinkAbout2013-038492 JULIE RODEWALD ASK RECORDING REQUESTED BY: San Luis Obispo County—ClerkJRecorder 7103/2013 FIRST AMERICAN TITLE COMPANY 8:02 AM Recorded at the request of First American Title Company BY WHEN RECORDED D 0 C#: 2013038492 THles: 1 Pages: 9 RETURN TO: City of Arroyo Grande fl1II IIIIIII IIIIIIIIIIIIII VIII Fees so.00 Others Taxes 0.00 riY Y PAID 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY 38t--tom OPEN-SPACE AGREEMENT GRANTING AN OPEN-SPACE EASEMENT TO THE CITY OF ARROYO GRANDE LOTS 2 THROUGH 6 OF TRACT 3037 CITY OF ARROYO GRANDE, CALIFORNIA This Open-Space Agreement Granting an Open-Space Easement to the City of Arroyo Grande (the "Agreement') is entered into on this 544Jay of Apr? I , 2013, by and between Wayne Jensen and Heather Jensen, as trustees of the Wayne and Heather Jensen Family Trust, dated February 21, 2002 (the "Owner") and the City of Arroyo Grande, a municipal corporation (the "City"). Recitals 1. WHEREAS, Owner is the record owner of that certain real property located in the City of Arroyo Grande, County of San Luis Obispo, more particularly described in Exhibit "K and depicted in Exhibit "B" attached hereto and incorporated herein by this reference (the "Property"); and 2. WHEREAS, Owner filed an application to adjust lot lines for seven (7) non- conforming lots located on the Property; and 3. WHEREAS, the City Planning Commission approved Vesting Tentative Parcel Map No. 08-002 and Conditional Certificate of Compliance No. 08-002 attached hereto as Exhibit "C" pursuant to Arroyo Grande City Planning Commission Resolution No. 09-2076 subject to a number of conditions of approval, including but not limited to the following condition: Condition No. 7. Concurrent with the recordation of the final map, Owner and City shall execute and record a permanent open-space agreement over that portion of the Property identified in Exhibit °C° as Lots 2 through 6. Said easement shall be in favor of the public and the City and shall prohibit all structures, grazing, filling or vegetation removal except fire prevention and except as may be required for City-approved infrastructure. Said easement shall be subject to the approval of the Community Development Director and the City Attorney. 4 4. WHEREAS, Owner intends that the terms, conditions and restrictions contained in this Agreement shall apply to said Lots 2 through 6 (the "Subject Property"), excepting therefrom those portions shown and labeled as "buildable areas° on Exhibit"C; and 5. WHEREAS, execution of this Agreement by Owner and City and the subsequent performance of its obligations by Owner and its successors in interest will satisfy the requirements for dedication of an open-space easement made a condition of approval of Vesting Tentative Parcel Map No. 08-002; and 6. WHEREAS, the Subject Property has certain natural scenic beauty and existing openness, including a grove of oak trees, and 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 the Subject Property of the Owner; and 7. WHEREAS, Owner is willing to grant to City the scenic use, as hereinafter expressed, of the Subject Property and thereby protect the present scenic beauty and existing openness of the Subject Property by the restricted use of said Property by Owner through the imposition of the conditions hereinafter expressed; and 8. WHEREAS, both Owner and City intend that the terms, conditions and restrictions of this Agreement are in compliance with Govemment Code Sections 51070 through 51097, inclusive, hereinafter referred to as the °Open-Space Easement Act of 1974," so as to be an enforceable restriction under the provisions of Section 422 of the Revenue and Taxation Code; and 9. WHEREAS, Owner has supplied City with a current title company preliminary title report listing all trust deed beneficiaries and mortgages, 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 the provisions of the Open Space Easement Act of 1974 and in further consideration of the mutual promises, covenants and conditions herein contained and the substantial public benefits to be derived therefrom, the Parties hereto agree as follows: 1. Grant of Open Space Easement. Owner hereby grants to City, for the term specified in paragraph 8 below, an open-space easement in and to the Subject Property described above. The open-space easement granted herein conveys to City an estate and interest in real property of the nature and character specified in the Open-Space Easement Act of 1974, which is subject to the express conditions and restrictions imposed herein upon the use of the 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 successors and assigns with the City, its successors and assigns to do and refrain from doing, severally and collectively, upon Subject Property, the various acts hereinafter mentioned. 2. Restrictions on the Use of the Subject Property. The restrictions imposed upon the use of the Subject Property by Owner and its successors in interest and the acts which Owner and its successors in interest shall refrain from doing, and permit to be done, upon the Subject Property are as follows: (a) No buildings, structures, grading, filling or other improvements shall be placed, constructed or erected on the Subject Property except as may be required for City approved infrastructure (e.g., drainage utilities, sewer, water, roads) or fire prevention purposes. (b) Owner shall not cut, injure or remove any vegetation from the Subject Property except for City approved infrastructure or fire prevention purposes. 3. Reservations of Use by Owner. Notwithstanding the provisions of Section 2 above, and excepted from this grant and expressly reserved to Owner is the right to enter upon the Subject Property for the purposes of constructing the improvements authorized by the City. 4. Compliance with City Regulations. Land uses permitted or reserved to Owner in this Agreement are subject to all City ordinances and regulations, including those regulating land. 5. Construction of Improvements. Owner shall not construct or permit the construction of any improvements on the Subject Property except as expressly reserved herein or as authorized in the Open-Space Easement Act of 1974. Provided, however, nothing contained in this Agreement shall prohibit the construction, maintenance and repair of the tract's improvements as shown on the final improvement plans for said tract or other City approved infrastructure. 6. No Authorization for Public Trespass. The grant of easement contained herein and its acceptance by the City does not authorize and is not to be construed as authorizing the public or any member thereof to trespass upon or use all or any portion of the Subject Property or as granting to the public or any member thereof any tangible rights in or to the Subject Property or the right to go upon or use or utilize the Subject Property in any manner whatsoever. It is understood that the purpose of this Agreement is solely to restrict the uses to which the Subject Property may be put so that said Property may be kept as near as possible in its natural condition for the benefit of the public, including the lots being created in the above subdivision or other City approved infrastructure. 7. Effect on Prior Easements. Nothing contained in this Agreement shall limit or affect any easements that are of record and that have been heretofore granted by Owner on, over, under, or across the Subject Property of any portion thereof. 8. Duration of Easement. The grant of easement to City contained in this Agreement shall be effective when it has been approved by resolution of the City Council in the manner required by law, and it shall remain in effect in perpetuity unless abandoned or otherwise terminated by the City Council in accordance with the provisions of the Open-Space Easement Act of 1974. 9. Enforceable Restriction. Upon acceptance of the open-space easement granted herein, the Subject Property shall be deemed to be °enforceably restricted° within the meaning of Section 422 of Revenue and Taxation Code and Section 8 of Article XIII of the Constitution of the State of California. 10. Binding on Successors in Interest. All provisions of this Agreement shall run with the land described herein and shall be binding on the Parties hereto and their heirs, assigns and successors in interest. 11. Effect of Waiver. City's waiver of the breach of any one term, covenant or provision of this Agreement shall not be a waiver of a subsequent breach of the same term, covenant or provision of this Agreement or of the breach of any other term, covenant or provision of this Agreement. 12. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity, either to restrain a violation of an attempted violation or by suit to recover damages against any person or persons violating or attempting to violate any covenant or restriction contained herein. 13. Law Goveminq and Venue. This Agreement has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of California. All duties and obligations of the Parties created hereunder are performable in the County of San Luis Obispo and such County shall be the venue for any action or proceeding that may be brought, or arise out of, in connection with or by reason of this Agreement. 14. Enforceability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 15. Notices. Unless otherwise provided, all notices herein required shall be in writing and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: Director of Community Development, City of Arroyo Grande, 300 E. Branch, Arroyo Grande, California 93420. Notices required to be given to Owner shall be addressed as follows: 569 May Street, Arroyo Grande, California 93420. Provided that any party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 16. Subordination. The trust deed beneficiaries and mortgagees, if any, listed on the preliminary title report or preliminary subdivision guarantee referred to the above, and whose signatures are affixed hereto, do hereby assent to this agreement and, further, do hereby subordinate their respective interests to the restrictions and obligations imposed herein. 17. Agreement to be Recorded. Owner and City intend and consent to the recordation of this Agreement in the office of the County Recorder of the County of San Luis Obispo. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above. City of Arroyo Grande The Wayne and Heather Jensen Family Trust, dated February 21, 2002 / - V STEVEN ADAMS, City Manager WAYNE A. ENS stee ATTEST: V0 KELL W=i MORE, City Clerk Q ` r 1o. 15 11-' HEATHER B. JENSE , rustee • APPfkcivci.,AS TO FORM: T OTHY J. CARMEL, City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE Ii 1189 - NA 'N M NCI SNP' a' ice✓ . qN w , y' '1 2 State of California 1 T County of SO^ L.bi' S £%1 lo o Ji • on 1-1' 5 x1013 before me, Tla torAh Le C LA I.ch�✓t q.(eI 8'221 fts it�, Data Nine Moen Name and T the&ter personally appeared N al-1&ar g . ✓t^St'n and (,.)p-yp-eA1.n.f6, t. Nanats)of Signal") 2 who proved to me on the basis of satisfacto evidence to be the person® whose name is/t subscribed to the within instrument and admo 1edged to me that he/she/tf executed the same in es his/her 19 authoriz acity , and that by his/her/t e r signature( n the instrument the person(3„ or the entity upon behalf of which the person cted, executed the instrument. > % DEBORAH LEE WEIC1011681 I cedity under PENALTY OF PERJURY under the r',' Commisaion• 1935997 laws of the State of California that the foregoing ft 4::::;°� Navy Public-CWforma •� S Lull Obispo Canty paragraph is true and Correct. �.,`!?� an Correa 12 2015 WITNESS my hand and official seal. s Signature: 0.4..41.A Ku t_katAnt "-- Raze Nobly Seal Above Signature of Notary Putic OPTIONAL 2 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: r?en-SpGCi Rgtcw' ant D ran b'na a Opt.-s face.n gageawf- s Document Date: 'i 5 A Or 3 "� G o p R way a Number of Pages: '1 T. Signer(s) Other Than Named Above: 54-e 04 RA/W'S Capacity(ies) Claimed by Signer(s) r Signer's Name: OtOr-her $• 1 "5' " Signer's Name: 1,11Xynt ,7-enS(n ❑ Corporate Officer — Title(s): 0 Corporate Officer — Title(s): ❑ Individual ❑ Individual - ❑ Partner —❑Limited ❑General ❑Partner — ❑Limited ❑General ❑ Attorney in Fact ❑Attorney in Fact e • 4 Trustee ❑?trustee s ❑ Guardian or Conservator ❑Guardian or Conservator s ❑ Other: - ❑Other: e i i OPEN SPACE AGREEMENT EXHIBIT A That real property, in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows. Lots 1 through 7 inclusive, of Tract 3037, filed for record, 30`t 3 , 20 13 , in Book 33 of Maps, Page 73 -15 , records of said County. The above described real property is shown on EXHIBIT B, attached hereto and made a part hereof. This description was prepared by me in conformance with the requirements of the Professional Land Surveyors Act. 71-47d/ S� 07 01. ZOI 3 Robert J. Reese, LS 6208 date v d LAND 8G et, T � R (41 .. Fop ?3 2o14 ism O CA , . 4 •Yf S1;.. . Jul 1, 2013 C:\1 JOBS\1015 jensen\final map\1015—exhibits.pro Tract 3037 • A Subdivision of Lots 4,5,6,19,20,21,22 0 a of Block B of the Le Point Addition to the City of Arroyo Grande BMaps7 • In the City of Arroyo Grande, g i County of San Luis Obispo, State of California CO May 2013 u 8 I Alley) o� N /e Railer mO 0 + PC 9" R/ • �se' =• Z I 0 `' �\ Lot 8 il `Oo l04 6 CoC . •\ oFe i Lot CoC 2005- 0 O s �G , "} • eseo � lot9 18 17 2002 X92892( :)• ca Q ,':� O 0 018578(0 q 0 14 24 23 .;';'. . E . BLO.1L A C c 2005— CoC 13 �l B � K B 1 1028544 2005— CoC c O © y 1 Lott Lott Lot? 02854 2002— CoC G m N O © O I 01857; 2005 1 d 09289 m N 1 11 0 May Street ti 0 Lot D es (91F§ a 25 BLOCp C 16 `ti°. 0 BLOCK D F f . , t • OPEN SPACE AGREEMENT EXHIBIT C PI g, g' flaGe I PGA .010, I • 4 Ira&. 3037 ' Lot 6 s Lots 1 Lot 4 Lot 3 a a ti 0 * * _ . • a a 0 l * k * a * • • # # I * # ° # 1 i # • tl a I - * * a # # #* * * 4 'k • F * • # # • r. k k • kgh Pk •F # a a # * *41# a # a Q # # #** # a a# a # °"..'* 4 • # • # Bloom g) 0 0 * #• 4. y • t * • # *• * a # a • 1• a • * * * * # • I a 41,* a ** a * * 5 :65 a o # 4 • a # t # r I COQ # # # • •* I. •• 2 a 1 2005- 't a - • -- 028544 r I 1 I pIAND g(I tn Q LOt1 Lot �g� , tA 4.4. c, BA 9,14 t r o E O 03 ract 303 Aro 21_94) G 1 trostoa / I , . ?A 1 07.oi.zo,3 . g in o • -- • -- • ---4--- cn May Street 0 0 REESE OPEN SPACE water 441111A, 1) LOTS 2-6 ,--",,,r--- & Land l TRACT 3037 SURVEYING SERVICES �' Graphic Scott 1-= 50' 1970 pertridge Orive ' San Luis Obispo 805.543_5375 CA 34 0 50 100 END OF DOCUMENT