HomeMy WebLinkAbout2005-108000a
RECORDING REQUES'�'Lb BY AND
WHEN RECORDED RETURN TO:
City of Arroyo Grande
City Clerk
214 E. Branch Street
Arroyo Grande, CA 93421
Fee Exempt per GC § 6103
Titles: 1 Pages: ]
Fees 0.00
Taxes 0.00
otners o.00
PAID 50.00
JULIE RODE�ILD
San Luis Obispo unty—ClerklRecoMer
flecorded at ihe request of
Public
MEL
72128/2005
2:22 PM
�oc#: 2005108000
III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII
OPEN SPACE EASEMENT AGREEMENT
This OPEN SPACE EASEMENT AGREEMENT ("AgreemenY'), made and entered
into this 13�' day of December, 2005, by and between OCEAN OAKS BUILDERS INC., a
Califomia Corporation, and OCEAN OAKS LLC, a Limited Liability Company, whose
principal offices are located at 491 First Street, Suite A-2, Avila Beach, California
(collectively the "Owner"), and the CITY OF ARROYO GRANDE, a municipal corporation
of the State of California, (the "City"), with reference to the following facts:
WHEREAS, Owner is the record owner of certain real property (hereinafter
referred to as the "Owner's Property") located in the City of Arroyo Grande, County of
San Luis Obispo, State of California, which is more particularly described as Parcel 1 of
Parcel Map AG-87-35 as shown on map recorded in Book 43 of Parcel Maps, on page
86 in the Office of the County Recorder of said County; and
WHEREAS, as a condition of approval of Teniative Tract Map 2616 (sometimes
hereinafter referred to as the "TracY' or "Tract 2616") by City, Owner is required to enter
into an agreement with the City whereby the Owner grants an open-space easement to
the City for the benefit of the public; and
WHEREAS, Owner intends that the restrictions contained in this Agreement shall
apply to that portion of Owner's Property (hereinafter referred to as the "Subject
Property") which is more particularly described as the portion marked "Open Space
EasemenY' on the Final Map for Tract 2616 recorded on July 19, 2005, in the office of
the San Luis Obispo County Recorder as Document No. 2005-058466 of Official
Records and as depicted in Exhibit "A" attached hereto and incorporated herein; and
WHEREAS, execution of this Agreement by Owner and City, and the subsequent
performance of its obligations by Owner and their successors in interest, will satisfy the
requirement for dedication of an open-space easement made a condition of approval of
Tentative Tract Map 2616; and
WHEREAS, the �rlbject Property has certain natural�ienic beauty and existing
openness, and both Owner and City desire to preserve and conserve for the public
benefit the natural scenic beauty and existing openness, natural condition and present
state of use of the Subject Property; and
WHEREAS, Owner is willing to grant to City the scenic use, hereinafter
expressed, of the Subject Property and thereby protect the present scenic beauty and
existing openness of the Subject Property by the restricted use through the imposition of
the conditions hereinafter expressed; and
WHEREA$, both Owner and City intend that the terms, conditions, and
restrictions of this Agreement are in compliance with Government Code Sections 51070
et seq. (hereinafter referred to as the "Open-Space Easement Act of 1974") so as to be
an enforceable restriction under the provisions of Revenue and Taxation Section 422;
and
WHEREAS, Owner has supplied City with a current preliminary title report or
preliminary subdivision guarantee listing all trust deed beneficiaries and mortgages, if
any, under prior recorded deeds of trust and mortgages affecting 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 pubiic
benefits to be derived therefrom, the parties hereto agree as follows:
1. Grant of Open-Space Easement. Owner hereby grants to City, an open-
space easement in the Subject Property described above. The open-
space easement granted conveys to City and 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 Subject Property by
Owner. To that end, and for that purpose of accomplishing the intent of the
parties hereto, Owner covenants on behalf of itself, its successors and
assigns, to do and refrain from doing, severally and collectively, upon
Subject Property, the various acts hereinafter mentioned.
2. Restrictions on Use of the Subiect Propertv. The restrictions upon the use
of the Subject PropeRy by Owner and its successors in interest and 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 piaced, constructed, or erected upon the Subject Property except
as may be required for City approved infrastructure, (e.g., drainage,
utilities, sewer, water, roads) or as otherwise authorized by the approved
Tract referred to above.
(b) No advertising of any kind or nature shall be located on or within
the Subject Property.
�.., .1
(c) Owner shall not cut, injure or remove any vegetation from the
Subject Property, except as required for City approved infrastructure; City
approved tree removal, or wildfire management purposes.
(d) Except as determined necessary by City for the construction,
alteration, relocation, and maintenance of Tract improvements, including
drainage facilities, as shown on the approved final Tract Map improvement
plans or for City approved infrastructure, the general topography of the
landscape shall be maintained in its present condition and, no other
grading, excavation, or topographic changes shall be made.
(e) No use of the Subject Property which will or does materially
alter landscape or other attractive scenic features of said property, other
than those specified herein, shall be done or suffered.
(f) Owner shall not extract natural resources from the Subject
Property if surface entry is required.
(g) Owner shall not cut timber, trees, or other natural growth,
except as may be required for fire protection, elimination of diseased
growth, and similar protective measures as approved by City, Tract
improvements (including drainage) as shown on the final improvement
plans for said Tract and City approved infrastructure.
(h) Owner shall not use the Subject Property or any portion thereof
as a parking lot, storage area, or dump site or othenvise deposit or allow
to be deposited on the Subject Property or any portion thereof, temporarily
or otherwise, anything whatsoever which is not indigenous or naturai to
the Subject Property.
(i) Owner shall not cover or cause the Subject Property to be
covered in whole or in part with any asphalt, stone, concrete, or other
material which does not constitute natural cover for the land nor othenvise
disturb the natural cover of the land unless otherwise authorized by the
provisions of this Agreement.
Q) No further land division of the Subject Property shall occur or be
applied for by Owner or its successors in interest, nor shall Owner or its
successors in interest otherwise convey (other than under threat of
condemnation) a portion of the Subject Property less than the whole to
one or more parties or convey the Subject Property to two or more parties
each of whom acquire title to less than the whole of the Subject Property.
Any such division, conveyance or transfer shall be considered null and
void.
3. Reservations of Use bv 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 purpose of constructing
the impro�ments authorized by the approv�d Tract 2616 referred to
above, and any amendments or modifications thereto which may be
approved by the City.
4. Compliance with Citv Requlations. Land use permitted or reserved to
Owner in this Agreement is subject to all City ordinances and regulations.
5. Construction of Improvements. Owner shall not construct or permit the
const�uction of any improvements on the Subject Property, except as
expressly reserved herein. Provided, however, nothing contained in this
Agreement shall prohibit the construction, maintenance and repair of the
TracYs improvements as shown on the final improvement plans for Tract
2616 approved infrastructure.
6. No Authorization for Public Trespass. The grant 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 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 it may be kept as near as possible
in its natural condition for the benefit of the public, including the lots being
created by the above Tract or other 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 granted by
Owner on, over, under, or across the Subject Property or 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 and accepted 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 "enforceable
restricted" within the meaning of Section 422 of the Revenue and Taxation
Code and Section 8 of Article XIII of the Constitution of the State of
Califomia.
10. Bindinq on Successors in Interest. All provision 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 sar'R� term, covenant, or provision of�is 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 or an attempted violation or by suit to
recover damages against any person or persons violating or attempting to
violate any covenant contained herein.
13. Law Governinq and Venue. This Agreement has been executed and
delivered in, and shall be interpreted, constructed, 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 pertormable 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. Enforceabilitv. 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 othervvise provided, all notice herein shall be in writing,
and delivered in person or sent by the United States first class mail,
postage prepaid.
If to the City: If to the Owner:
Community Development Director Ocean Oaks LLC.
City of Arroyo Grande PO Box 730
P.O. Box 550 Avila Beach CA, 93424
Arroyo Grande, CA 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. Aareement 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 executed this Agreement as of the day and
year first above written.
OCEAN OAKS LLC: OCEAN OAKS BUILDERS, INC.
BY: �l2E.S.D���.BY: l/ a /'�t��I�
GARY YOU , I AGIN ER
OCEAN OAKS L C
CITY OF ARROYO GRANDE:
BY:
TONYFERR AYOR
ATTEST:
i ':t�l/j���±%W
• ;,.�
APPROVED AS TO FORM:
BY:
TIMO iY J. C , CITY AT ORNEY
� Y 0 �\
a 7EO y°
►• �
v .�LY 10•��� �
.� ..i
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On l ��m�r- �z, 2orx' 2005, before me,
�Debo-nti Lee Wv.��ti�'r, u�, naro,.. Pub�� t- , personally appeared GARY YOUNG,
personally known to�me (or proved to me on the basis of satisfactory evidence) to be
the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature on the
instrurr�e�f, tP�e p�rson br the entify upor� behaif o( whic� tt�e pers�rt a�t�d exe�uted the
instrument.
WITNESS my hand and official seal
Signature Ue-rrmr^ Y4� �f,. f?.��q.an
DEBORAH LEE WEICHINGER
Commission # 1384436 �
�. Notary Public - Californio a
San Luis Obispo County
My Comm. Expires Dec 11, 2006
On 2005, before me,
personally appeared
, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capae+ty, and that by his signa�re orrthe instrument, the�erson or the entity upon
behalf of which the person acted executed the instrument. �--
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN L'JIS OBISPO )
WITNESS my hand and official seal
Signature
END OF DOCUMENT