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Home My WebLink About1998-024377, . - _ _ RECORDING REQLTESTED BY: �� DOC NO 1998-024311 City of Arroyo Grande 1:�►i�1S971�I`►I City Clerk City of Arroyo Grande 214 East Branch Arroyo Grande, CA 93420 Official Records San Luis Obispo Co Julie L. Rodewald MAIL TO: Recorder Apr 29, 1998 Time: 08:00 [ 15] OPEN-SPACE AGREEMENT GRANTING AN OPEN-SPACE EASEMENT TO THE CITY OF ARROYO GRANDE LOT 44, TRACT 2217 CITY OF ARROYO GRANDE, CALIFOI2NIA THIS AGREEMENT is made and entered in this ro day of f�P�L., 1998, by and between COKER ELLSWORTH, INC., and VICK PACE CONSTRUCTION CO., INC., hereinafter collectively referred to as "Owner," and the CITY OF ARROYO GRANDE, a municipal corporation, hereinafter referred to as "City." Rpt No: 00031543 ;NF -1 � � � � � � � � ;TOTAL ,� � �, � •• WITNESSETH: 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 L.ots 1 through 45, inclusive, of that Subdivision Map enfifled "Final Tract No. 2217, City of Arroyo Grande," recorded the �Q� day of i� pRl L , 1998, in Book t 8 of Maps at Page �_, in the records of the Recorder of San Luis Obispo County (hereinafter "Tract 2217"); and 1 WHEREAS, as a condition precedent to the approval of a final subdivision map for Tract 2217 by City, Owner is required ro enter into an agreement with the City, on behalf of the Owner and iu successors in interest, whereby the Owner grants an open-space easement to the Ciry for the benefit of the public, including the lots being created in said subdivision; 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 Lot 44, comprising 5.22 acres, more or less, of Tract 2217; and 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 Tentative Tract 2217; and WHEREAS, the Subject Properiy has certain natural scenic beaury and 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 hereinafter expressed, of the Subject Property and thereby protect the present scenic beauty and existing openness of the Subject Property by the restricted us� of said Properiy by Owner through the imposition of the conditions hereinafter expressed; and WHEREAS, both Owner and City intend that the terms, conditions, and restrictions of the open-space easement granted in this agreement are in compliance •with Government Code Sections 51070 through 51097, inclusive, hereinafter referred to as the "Open-Space Easement 2 Act of 1974," so as to be an enforceable restriction under the provisions of Revenue and Ta�cation Code Section 422; and WHEREAS, Owner has supplied Ciry with a current title company preliminary title report or preliminary subdivision guarantee 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 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 ooen-s�ace 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 Properry, the various acts hereinafrer mentioned. - 2. Restrictions on use of the Subject Pronertv. 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: 3 (a) No buildings, structures, grading, filling, or other improvements shall be placed, constructed, or erected upon the Subject Properry except as may be required for City approved infrastructure, (e.g., drainage, sewer, water, roads) and except as otherwise authorized by the approved subdivision map referred to above. (b) No advertising of any kind or nature shall be located on or within the Subject Property, except for advertising related to the uutial sale of the lou 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 infrastructure or wildfire management purposes. (d) Except as determined necessary by City for the construction, alteration, relocation, and maintenance of tract nnprovements, including drainage facilities, as shown on the approved final subdivision map improvement plans referred to above 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 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 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 sunilar 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 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 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 otherwise disturb the natural cover of the land unless otherwise authorized by the 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 otherwise convey (other than under threat of condemnation) a portion of the Subject Proper[y 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 portion 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 constructing the unprovements authorized by the approved Subdivision Map referred to above, and any amendments or modifications thereto which may be approved by the City. � 4. ComQliance 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 use. 5. Construction of imvrovements. 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 consriuction, maintenance and repair of the tracYs unprovements as shown on the fmal unprovement 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 uespass 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 [he 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 nrior 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. 3 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 "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 California. 10. Bindint 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 satne 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 or 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 eovernine 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 Califomia. All duties and obligations of the parties created hereunder are 7 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. 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, [he remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, unpaired 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 County shall be addressed as follows: Director of Community Development, City of Arroyo Grande, 214 E. Branch, Arroyo Grande, California 93420. Notices required to be given to Owner shall be addressed as follows: Coker Ellsworth, P. O. Box 1238, Arroyo Grande, California 93421. 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 prelirninary title report or prel'uninary 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. A¢reement 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. :3 IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year fust above written. OWNER COKER ELLSWORTA, INC., a California Corporation BY ��',� Pd��`>° Coker Ellsworth, President VICK PACE CONSTRUCTION CO., INC. a California Corporation �Dan J. P e, President � ...� � ..��• � �� i �•��' _r < <.� � •- - �• •. � • ATTEST: `��- a• S�� c�ty rk APPROVED AS TO FORM AND LEGAL EFFECT: � LYON & CARMEL City Attomeys APPROVED AS TO CONTENT: iL.1,y� �,ommunity Development Director �'fC�7 � �� , By: C�� • �/� Dated: �C' Z � ' 1 � [NOTE: This Open-Space Agreement will be recorded. All signature to this agreement must be acknowledged by a notary.] 10 TRUST DEED BENEFICIARIES and/or MORTGAGES BANK OF SANTA MARIA �. B �'C , its _S� !l� f/iCE {-�-/T m 11 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LLTIS OBISPO ) On ��l�� '�'� , 1998, before me, �� 1�\(`�, personally appeared Coker Ellsworth, President for Coker Ellsworth, Inc, 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 instrument, the person or the entity upon behalf of which the person acted executed the instrument. m official sea Signature � � Bonnio Espinoza � � Comm, t11124714 ^ • u N07ARV PUBLIC � CALIFORNIA � SAN LU3 OBISPO COUNTV O � Comn. Exp. Fob. 5. 2001 �' STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On �i�v�l- b�'�" , 1998, before me, �v'Y.Q �1�� personally appeared Dan J. Pace, President for Vick Pace Construction Co., Inc., 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 instrument, the person or the entity upon behalf of which the person acted executed the instrument. W� my d officia al � Signatur 1,°�°.°°�, �o Bonnie Espino��za / �� Comm. p7124714 � C � ' OTMV PU3LIC � CAIIFORNIA� � SAN Wi3 0815P0 COUNTY O Camm.[xp.Feb.5,2001 � �ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �� State of California ) County of Santa Bazbara ) C�L�/�/� before me, Notary Public, (�) personally known to me - OR - () proved to me on the basis of satisfactory evidence to be the person(aJ whose nam� are subscribed to the within instrument and acknowledged to me that t�i J spe/-�1iey executed the same in �hed/�heir authorized capacity�iesJ; and that by /�P �fh r signature,Fs`} on the instrument the persor�(�), or the entity on behalf of which the person(,$) acted, executed DONNA M. VOGT theinstrument. • Comm. 411132547 „ ` Notary Public m m , California � WITNESSmyhandando�cialseal. SANTA BARBARA COUNTY ly Can. E�1ra Ayn 14, 2001 I '/ SIGNATURE OF NOTARY OPTIONAL THIS CERTIFICATE MUST BE ATTACHED TO THE TITLE ORTYPE OF DOCUMENII�,��?� DOCUMENT DESCRIBED AT RIGHT: � � �� — � NUMBER OF PAGES I( T _ DATE OF - OPTIONAL SECTION - CAPACITY CLPJMED BY SIGNER Thoughthestatue doesnotrequ¢ethe Notery to iill in the data below, doing so may prove invalueble to persons relying on the document. ( � INDIVIDUAL ( N CORPORATE OFFICER(S) l ' s�v U.�.� ��.� TITLE(S) ( 1 PARTNER(S) ( . ) GE E ATTORNEY-IN-FACT TRUSTEE ( ) GUAADIAW CONSERVATOR ( ) OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) _ 1L �-f�/�-dl� �. Though the dfltfl requested here is not required by law, � � ��/S (,(J�2 l itcouldpreventtreudulentreattachmentofthisform. SIGNER(S)OTHERTHANNAMEDABOVE� � �� l� rh titititi��ti��tititititi�ti��titi��titi��titi��ti�ti��tiwti��ti�ti�wtititi�titi��titi� REV 3/93 .� , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califo County of San Luis Obispo On April 21, 1998 beforeme, Nancy A. Davis, City Clerk Date Name antl T�le o� Oflicer (e.g.. "Jane Doe, Notary Public") personally appeared A. K. "Pete" Dougall, Mayor � � Name(s� ot Slqner(s) �personally known to me – OR –❑ proved to me on the basis of satisfactory evidence to be the person(�j whose name(�} is/are subscribed to the within instrument and acknowledged to me that he/shelt+�eq executed the same in his/IaerfNteir authorized capacity(ies}, and that by hislkeclSbeir signature(� on the instrument the person(p'j, �� or the entity upon behalf of which the person(� acted, carn�ontloxt76v executed the instrument. ►b1WRd�c—canomb � 8a� lli OUYpo CanM — �M Conm. E�tw AP+ 7. �D WITNESS my hand and official seal. / l �.�� („�[ • . gna ure of No�ary Public OPTIONAL Though fhe inlormation below is not required by law, it may prove valuable to persons relying on the document and could prevent lraudulent removal and reattachment ol this form to another document. of Attached Document Title or TypLapf Document: Document Date: Signer(s) Other Than Capacity(ies) Claimed by Signer's Name: C Individual \ C Corporate Officer Title(s): ❑ Partner — Cl Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator . "- ❑ Other: roP or mume ne�e Signer Is Representing Signer's Name: Number of Pages: C Individual � Corporate Officer ❑ Pa er — C Limited C General ❑ Attorn -in-Fact ❑ Trustee � ❑ Guardian or onservator ❑ Other: Signer Is Representing: � 1995 Na�ional Notary Association • 8236 Remmet Ave., PO. Box ]184 • Canoga Park, CA 91309-]18A Protl. No. 590] Reortlec Call TolbFree 1-800-8]6-6821 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California beforeme, Nancy A. Davis, City Clerk Name antl Ttla oi Otlicer (e.g., "Jane Ooe, No�ary PuElic") Elder, Acting Community Development Director / Name(s) of Signer(s) �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 acknowledged to me that qe/she/they-executed the � same in tais/her/tbeir authorized capacityEiesj, and that by � .-pis/her/tkieir signature(�sj on the instrument the person(�}, Oamrbn�t0007� or the entity upon behalf of which the person(,s'j acted, Nebll�—C��O executed the instrument. ls�UY OOYpo Cau�M Mpr O011w�. E�Or� �► 7. 7� WITNESS my hand and official seal. County of San Luis Obispo Q � April 21, 1998 Date personally appeared Helen M. �l �- Q. ,�-� $ignaWre oi No<ary Pu�lic ■ ■ ■ ■ OPTIONAL Though the inlormation be/ow is not required by law, it may prove valuable to persons relying on the documenf and could prevent fraudulent removal and reattachment of fhis form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): Partner — ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: PIGHT THUMBPRINT OF SIGNER Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ ❑ ❑ ❑ ❑ Partner — ❑ Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: m 1995 National Notary Association • 8236 Remmet Ave., P.O. 9ox ]184 • Canoga Park, CA 91309-]186 PraC. No. 590] RIGHT 7HUMBPRIM OF SIGNER ReoNec Call To14Free t-800-8]6�6ffi] END OF DOCUMENT