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Home My WebLink About2003-048909�coxn�c i�QL�s�n�f: ' FIRST AJSERIC:�` I'ITLE CO�iPA.*7Y RECORDING REQUESTEp BY: , �. ` City of Arroyo Grande f � AND WHEN RECORDED MAIL TO Administrative Services Director City of Arroyo Grande 214 East Branch Arroyo Grande, CA 93420 _ __ . _ _ JULIE RODEWA� San Luis Obispo Coun CIerWRecorder Hecorded at ihe request of First American Title Company �oca: 2003048909 I IIIIIIIIIIIIIIIIIIIIIII III SR 5/07/2003 B:00 AM Titles: 1 Fees Taxes Others PAID Pages: 16 0.00 0.00 0.00 $0.00 ��,O�L 6 �. OPEN-SPACE AGREEMENT GRANTING AN OPEN-SPACE EASEMENT TO TI3E CITY OF ARROYO GRANDE LOTS 1 AND 37 OF TRACT 2265 CITY OF ARROYO GRANDE, CALIFORNIA THIS AGREEMENT is made and entered in this 17th day of April, 2003, by and between STEPHEN D. HAUCK AND SHERI L. HAUCK, TRUSTEES OF THE STEPHEN D. AND SHERI L. HAUCK REVOCABLE TRUST DATED SEPTEMBER 11, 2000, hereinafter collectively referred to as "Owner," and the CITY OF ARROYO GRANDE, a municipal corporation, hereinafter referred to as "City." WITNESSETH: WHEREAS, Owner is the record owner of certain real property (hereinafter sometimes referred to as the "Subject Property") described as Lots 1 and 37 of Tract No. 2265, in the City of Arroyo Grande, Counry of San Luis Obispo, State of California, according to the map recorded August 23, 2000 in Book 19, Page 31 of Maps, in the office of the County Recorder of said County; and WHEREAS, Owners' predecessor in interest, Village Glen Homes, LLC, as a condition precedent to CITY's final approval ofTract 2265, entered into an Open Space Easement Agreement for Lots 37, 38, 39 and 40 of Tract 2265; and � .. .s. �... . . � �. + ,/ WHEREAS, Owner applied for and obtained conditional approval of Lot Line Adjustment 02-005 increasing the size of Lot 1 of Tract 2265 and reducing the size of Lot 37 of Tract 2265, including a portion of Lot 37 subject to the Open Space Easement Agreement recorded April 17, 2001 as Document No. 2001-OL5583. WHEREAS, as a condition of approval of Lot Line Adjustment 02-005 by City, Owner is required to enter into an agreement with the City, on behalf of the Owner and its successors in interest, whereby the Owner grants an open-space easement to the City for the benefit of the public, including portions of the lots being reconfigured in said lot line adjustment; and WHEREAS, Owner intends that the tercns, conditions and reshictions contained in this agreement shall apply to said Lots 1 and 37 of Tract 22G5, excepting therefrom those portions shown and labeled as "buildable areas" on Exhibit "A" attached hereto and incorporated herein. 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 requirement for dedication of an open- space easement made a condition of approval of Lot Line Adjustment 02-005; and WHEREAS, the Subject Property has certain natural scenic beautyand existing openness, 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 �. ° � WHEREAS, Owner is willing to grant to City the scenic use, as hereinafrer 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 WHEREAS, both Owner and City intend that the terms, conditions, and restrictions of this agreement are in compliance with Government 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 Revenue and Taxation Code Section 422; and WHEREAS, Owner has supplied City with a current 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 the provisions of the Open Space Easement Act of 1974, and in fiirther 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-Snace 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 interestin real property ofthe 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 men[ioned. 2. Restrictions on Use of the Subiect Property. The restrictions imposed upon the use of the Subject Property by Owner and its successors in interest and the acts �vhich 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, struchires, grading, filling, or other improvements shall be placed, constructed, or erected upon the Subject Property except as may be required for Ciry approved infrastructure, (e.g., drainage, utilities, sewer, water, roads) or as otherwise authorized by the approved subdivision map referred to above, and except agricultural uses which are consistent with the nature and purpose of this Agreement, such as orchards, vineyards, and non-commercial grazingof cattle, horses and sheep, subject to compliance with the Arroyo Grande Development Code. (b) No advertising of any kind or nature shall be located on or within the Subject Property, except for advertising related to the initial sale of the lots created by the final subdivision map referred to above. (c) Owner shall not cut, injure or remove any vegetation from the Subject Property except for City approved infrastrucmre, 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 subdivision map improvement plans referred to above or for City approved infrastructure, the general n � � . ..� topography of the landscape shall be maintained in its present condition and, no other grading, excavation, or topographic changes shall be made, except as allowed for in paragraph (a) of this Section. (e) No use of the Subject Property which will or does materially alter the landscape or other attractive scenic features of said property, other than those specified herein, shall be done or suffered. (� Owner shall not extract natural resources Yrom the Subject Property if surface entry is required. (g) Owner shall not cut timber, hees, 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 infrastruchire. (h) Ownet shall not use the Subject Property or any portion thereof as a parking lot, storage area, or dump site or otherwise deposit or allow to be deposited on the Subject Property or any portion thereof, temporarily or otherwise, anything whatsoever which is not indigenous or natural to the Subject Proper[y. (i) Owner shall not cover or cause the Subject Property to be covered in whole or in paR with any asphalt, stone, concrete, or other material which does not constitute natural cover for the land nor otherwise disturb the natural cover of the land unless otherwise authorized by fhe provisions of this agreement. � .. � (j) 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 othenvise convey (other than tmder 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 conveyance or transfer of the Subject Property or a poRion thereof by Owner or its successors in interest 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 purposes of constnacting the improvements authorized by the approved Subdivision Map referred to above, and any amendments or modifications thereto which may be approved by the City. 4. Compliance with Citv Regulations. Land uses permitted or reserved to Owner in this agreement are subject to all City ordinances and regulations, including those regulating land. 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 ofthis 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 [he benefit of the public, including the lots being created in the above subdivision or other Ciry approved infrastructure. 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 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 terniinated by the City Council in accordance with the provisions of the Open-Space Easement Act of 1974. Enforceable Restriction. Upon acceptance of the open-space easement granted herein, the Subject Properry shall be deemed to be "enforceably 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 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 equiry, 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 or reshiction contained herein. 13. Law Goveming 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, 214 E. Branch, Arroyo Grande, Califomia 93420. Notices required to be given to Owner shall be addressed as follows: Stephen D. Hauck and Sheri L. Hauck, 420 Hidden Oak Road, Arroyo Grande, CA 93420. Provided that any party may change such address by notice in writing to the other party,' and thereafrer notices shall be addressed and transmitted to the new address. .. .. 1 G. Subordination. The trust deed beneficiaries and mortgagees, if any, listed on the preliminary tide report or preliminary subdivision guarantee referred to the above, and whose signatures are affixed hereto, do hereby assent to this agreemei�t and, further, do hereby subordinate their respective interests to the restrictions and obligations imposed herein. 17. A�reement to be Recorded. Owner and City intend and consent to the recordation of this agreement in the office of the Counry 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 above written. STEPHEN D. HAUCK AND SHERI L. HAUCK, TRUSTEES OF THE STEPHEN D. AND SHERI L. HAUCK REVOCABLE TRUST DATED SEPTEMBER 11, 2000: �� i��s� _ . � - / -. - • - CJ ' "�' " w — 1�--� Sheri L. Hauck, Trustee .. CITY OF ARROYO GRANDE: Tony M. Ferra ayor ATTEST: � � �.��..e.__ Kelly We mor , Director of Administrative Services/Dep ty City Clerk APPROVED AS TO FORM ANDI.EGAL EFFECT: J � 10 � .. STATE OF CALIFOItNIA ) COiTNTY OF SAN LUIS OBISPO ) ss � On ��1 L ��j 2�d 3, ��efore me, �j � /�'/✓� , a Notary Public, personally appeared �'/9JiI�y D./�I�JL/C,� IM'I �IIY/ L. fy�'sonally 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. B.J. VAIVERDE � , COMM. M 1305654 � Notary Publio-Ca�'rfornia County of San Luis Obispo N My Comm. Fxp. May 24, 2005 WITTIESS my hand,and seal STATE OF CALIFORTRA ) COUNTY OF SAN LUIS OBISPO ) ss On fIP�2 i� a� o 3 ,-�6d0, before me, �� i(��77'�'io2E , a Notary Public, personally appeared �� i/�'�"l I!'�lQA�LA- , personally lmown 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capaciry(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entiry upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and seal can��missa� ��e r�oiw �� ' Cdlt°mi° — �, �Cam+.6�Yas �la^ � � V-�V�'� KEI_lY W"MORF � �qTlm(svor d 1999289 i < NOtOly PubUr r�altfOmiO £ r'� $pn Lu�s Ob s� . oun� � ` MyCAnm t-�ex ,. ":7 2Q)5 �,. �e-�"a` ' 11 w �� wa�eq � \I � 4 �. �� :^_. �� \� FirstAme�ican Tit/e Company 104 T�a�c Way, Arroyo Grand� CA 93420 Fax - CLARIFICATION OF NOTARY SEAL (Government Code Section 27361.7) I certify under penalty of perjury that the Notary Seal on the attached document reads as follows: Name of Notary: Date Commission 6cpires: Commission Number: Place of Execution: Date of Execution Kelly Wetmore 7anuary 30, 2005 1289289 County of San Luis Obispo April 28, 2003 ..�� C/"„�"Li��'�-- Barbara Valverde First American Title Company � // � b� I � 1� � 1� � � � 9 ; � .� � ti _ — 9 � 9"-k',,� � , i > , �' f � ,' � I_.__ � , �-<� % 7 �", — ,� . � � � � � � � � S'�'�,�'' �� / �� ' ` r _ � . � _�` �� v, � ___— / � � � �� 1 � \ , � � � r �":1 \ \ r" � � ' � � � s! i .-t� .j �� 1 t � � �R' ;�� _ i � � � -L �1 � i . Y.rj � x � � - U . � � 4 - - � � 1 J �-�.I � I � � � I � � � ��. � � . �I I � � � � � � R b � ~ 'd � � � � � I 1 i n ' � ,� . ��-' � � J , �"~ � � N .� � r � .'�� w� � . I I r I I . % - .-'�} ,t� _ . � � ; �� - +�� 1 I i �_ � � _..�i L'i,.� ..: i � � � � i �` r � / F� � �,> r �e e A � �=�"., �' [.. .. �,� "c o '� ` � ��s � � i � y ` \ � \ ,\ � � � � i � � � 0 r � v �` 48 \ i-. . �:�\ . / V � \I � � ! .�'' �: \ ,_ � :. N . �+ A �a�'� � o }i n�q� A � A � a � N Z � �Y �� .P. p O �L� � � d a" a � a ' � o yy y �� , � d � �3� � � � $ �� r , � ` 4 � i . g f �� > 8 � b 1t�Q� A4 � N �� 9�A a o�� i�� = Z , �� . �• �� q�� [ 1/ � ., RESOLUTION NO. 3666 ..i A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A GRANT OF OPEN SPACE EASEMENT; LOTS 1 AND 37 OF TRACT 2265 WHEREAS, an open space agreement has been provided as required to satisfy the conditions of approval for Lot Line Adjustment 02-005; and WHEREAS, the open space agreement includes a grant of open space easement to the City of Arroyo Grande over Lots 1 and 37 of Tract 2265; and WHEREAS, the City desires, and considers it to be in the public interestthat such areas be maintained in permanent open space; and WHEREAS, after due study and deliberation, the City Council finds as follows: That the preservation of the subject land as open space is consistent with the General Plan; and 2. That the preservation of the subject land as open space is in the best interests of the City because the land, if retained in its natural state, has scenic value to the public, is valuable as wildlife habitat, and will help preserve the rural character of the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the Open Space Agreement Granting an Open Space Easement to the City of Arroyo Grande, Lots 1 and 37 of Tract 2265, and authorizes the Mayor to execute the Agreement. On motion by Council Member Lubin, seconded by Council Member Costeilo, and on the following roil call vote, to wit: AYES: Council Members Lubin, Costello, Runels, Dickens and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted on this 8�' day of April, 2003. . �, . � RESOLUTION NO. 3666 PAGE 2 TONY M. FE�ARA, MAYOR ATTEST: KELLY i�. WF�MORE, DIRECTOR OF ADMINISTRATIVE SERVICESlDEPUTY CITY CLERK APPROVED AS TO CONTENT: CITY MANAGER APPROVED AS TO FORM: ATTORNEY _ � .. RESOLUTION NO. 3666 OFFICIAL CERTIFICATION `. I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3666 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council/Redevelopment Agency of the City of Arroyo Grande on the 8�' day of April, 2003. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11` day of April, 2003. / � r� //;� � /�_f,� � � �J Q `�.�• .i j � = ' I � ; �L :', t\�OICF,-�,4'Tj�, F. � 4' " ��,. ,�. , _, � !0, �g`� ^ r ; s �%.. .::,. �'I,� a..:�,„.... ��i�p.t � .,; �,:1. ... DIRECTOR OF ADMINISTRATIVE SERVICES/ DEPUTY CITY CLERK END OF DOCUMEN't