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Home My WebLink About2014-020685 JULIE RODEWALD SC San Luis Obispo County—Clerk/Recorder 5/27/2014 • • Recorded at the request of 12:19 PM Public RECORDING REQUESTED BY WHEN RECORDED Doc/4 : 2014020685 Titles: 1 Pages: 7 RETURN TO: 00.0000 Fees Taxes City Clerk /III I I l l l ll 1 1111 1 II Othe s 0.00 City of Arroyo Grande PAID $0.00 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY NO RECORDING FEE—PUBLIC AGENCY- FIRST AMENDMENT TO OPEN-SPACE AGREEMENT GRANTING AN OPEN SPACE EASEMENT TO THE CITY OF ARROYO GRANDE LOT 40 OF TRACT NO. 2265 CITY OF ARROYO GRANDE, CALIFORNIA This First Amendment to Open-Space Agreement Granting an Open Space Easement to the City of Arroyo Grande (the "First Amendment V') is entered into on this 13+h day of 01 401 , 2014, by and between Ted P. Malley, an individual (the "Owner") and the City of Arroyo Grande, a municipal corporation (the "City"). Recitals 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 "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Property was created by Tract Map No. 2265, which was recorded in the Official Records of San Luis Obispo County on August 23, 2000 in Book 19, Page 31 of Maps as Document No. 2000-047633 (the "TM 2265"); WHEREAS, TM 2265 included, among other things, an offer of dedication to the public for an open space easement (the "Open Space Easement") over a portion of the Property leaving a "buildable area" of approximately one (1) acre in the area described and depicted in TM 2265 (the "Buildable Area"); r WHEREAS, on September 13, 2000, City and Owner's predecessor in interest executed an Open-Space Agreement Granting and Open Space Easement to the City of Arroyo Grande (the "Open Space Agreement") which was recorded in the Official Records of San Luis Obispo County as Document No. 2001025583. The Open Space Agreement, among other things, imposed certain restrictions regarding the use of the Property; WHEREAS, the City formally accepted the Open Space Easement on April 9, 2002 by Resolution No.3584 which was recorded in the Official Records of San Luis Obispo County on June 5, 2002 as Document No. 2002046270; WHEREAS, Owner filed an application with City to adjust the location of the Buildable Area within the Open Space Easement; and WHEREAS, by this First Amendment, Owner and City wish to modify the location of the Buildable Area and to set forth some additional terms and conditions regarding the Open Space Easement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Modification of location of Buildable Area within Open Space Easement. Owner and City agree that the location of the Buildable Area as described in TM 2265 is hereby relocated to the area described in Exhibit "B-1" and depicted in Exhibit "B-2" both of which are attached hereto and incorporated herein by this reference. All references to the Building Area herein shall refer to the modified location described in this First Amendment. 3. Restrictions on the Use of the Property. Except for the Buildable Area, the restrictions imposed upon the use of the Property as set forth in the Open Space Agreement shall remain in full force and effect with the understanding that grading, filling or other improvements that have been constructed or placed to serve the existing residence or as necessary to serve any future buildings that may be constructed within the Buildable Area shall be allowed. 4. Incorporation of Terms and Conditions of Open Space. Except as modified herein, all terms and conditions of the Open Space Agreement, all of which are hereby incorporated herein by this reference as set forth in full, shall remain in full force and effect. In the event of a conflict between this First Amendment and the Open Space Agreement, the terms or condition of this First Amendment shall control. 5. Binding on Successors in Interest. All provisions of this First Amendment shall run with the land described herein and shall be binding on the parties hereto and their heirs, assigns and successors in interest. 6. Subordination. Owner shall cause Mortgage Electronic Registration Systems, Inc., as the nominee for Resource Lenders, Inc and beneficiary of record for that certain deed of trust recorded June 5, 2013 as Document No. 2013-032369 of Official Records San Luis Obispo, to assent to this First Amendment and subordinate its respective interests to the restrictions and obligations imposed herein. 7. Agreement to be Recorded. Owner and City intend and consent to the recordation of this First Amendment in the office of the County Recorder of the County of San Luis Obispo. IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the day and year first written above. CITY OF ARROYO GRANDE OWNER / &L./ 7 ' iej, TONY FER'/•, Mayor TED P. MALLEY ATTEST: p.4hii uszt4team_ asp, pitROYp KELLY WET RE, City Clerk *RAU �+ 4 uuLY v. 1911 4 APPROVED AS TO FORM: Colt WQR I TI •THY J. CARMEL, City Attorney • 3 State of California County of 5s 1,015 of) I`S P° On 5 ( 2 2014 before me, GAL yl "i__ , Notary Public, personally appeared Tr-D P. ,M A 1-4--J V 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 he/s)ie/tht'y executed the same in hisRyer/t,beir authorized capacities and that his/f}er/their signature(sfi on the instrument the person) or the entity upon behalf of which the person(,) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my h 1 and officials al, tf y, p CSA A,rim' �., ,: Com Ca".0 4005°51 Signature CO (SEAL) g ` Notary Public•California�. San Luis Obispo County me My Comm.Expires Jan.25,20171 State of California County of On , 2014 before me, , Notary Public, •• sonally appeared who proved to me on the basis of satisfactory evidence to be the perso : whose name(s) is/are subscribed to the within instrument and acknowledged to me • • he/she/they executed the same in his/her/their authorized capacities and that hi • •r/their signature(s) on the instrument the person(s) or the entity upon behalf of which • - person(s) acted, executed the instrument. I certify under PENALTY OF PERJ ' ' under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand an• . Icial seal. Signature (SEAL) 4 Exhibit "A" Legal Description Parcel 1: Lot 40 of Tract No. 2265, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded August 23, 2000 in Book 19, Page 31 of Maps, in the Office of the County Recorder of said county. Parcel 2: A non-exclusive appurtenant easement for use, enjoyment, ingress, egress, support, maintenance, upon, over, under and across Lots 37 and 38 of Tract 2265, the servient tenement, and designated on the map as "Easement Note 1" Parcel 3: A non-exclusive appurtenant easement for use, enjoyment, ingress, egress, support, maintenance, upon, over, under and across Lots 37 and 38 of Tract 2265, the servient tenement, and designated on the map as "Easement Note 3" Parcel 4: An easement for private access and private drainage along with any appurtenances and incidental uses, across a portion of Parcel 2 of Parcel Map No. COAL-86-098, in the County of San Luis Obispo, State of California, according to map recorded in Book 41, Page 40 of Parcel Maps, in the Office of the County Recorder of said county, according to Easement Grant Deed recorded July 6, 2000 as Instrument No. 2000-037511 of Official Records. Said easement is for the benefit and appurtenant to Lots 39 and 40 of Tract 2265 and other property. APN: 007-070-008 5 EXHIBIT "9-1" LEGAL DESCRIPTION That portion of Lot 40 of Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo, State of California, as shown on the map recorded in Book 19 of Maps at Page 31 in the Office of the County Recorder of said county more particularly described as follows: Commencing at the most easterly corner of said Lot 40; thence along the southeasterly line of said Lot 40, South 34°50'43" West, 148.75 feet, thence at right angles North 55°09'17" West, 40.00 feet to the True Point of Beginning; thence at right angles South 34°50'43" West, 179.50 feet; thence at right angles North 55°09'17" West, 242.67 feet; thence at right angles North 34°50'43" East, 179.50 feet; thence at right angles South 55°09'17" East, 242.67 feet to the True Point of Beginning. The above described property contains 1.00 acre and is shown graphically on Exhibit "B-2" attached. LAND S NCO TIDAL G9L �r O Ki 5-7-2014 EXHIBIT " B - 2 " 4 •2 2y. it,p(13 6,/ IN, liPs N47.23'12"E 47.78' 2 226 O .<555'09144"E 41.91' `S 4b SS`sb . vs \ c 6). F 2 AREA 1.00 AC j 265 % \/ 2c, 9....1\ \ \ N8'55'16"W 182.70' \ IN64.10'15"E 84.70' —11 GRAPHIC SCALE sr 1 inch = 150 feel ABOVE SCALE: 1'= 150' JOB NUMBER: 14026 GRADE PLAT BY: JRE OF LOT 40 OF TRACT 2265 PER 19 MAPS 31 DATE: .57--2014 ENGINEERING IN THE ARROYO GRANDE, COUNTY OF SAN 1304 Brood Straw,San Luis Obispo CA93401 LUIS OBISPO, CALIFORNIA phone:18051540.5115•fmc180515405116 AC .4rr•V 11.1me 0OL END OF DOCUMENT