HomeMy WebLinkAbout2008-056413Complimentary Recording Requested
Pursuant to Gov't Code § 6130 & 27383
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Arroyo Grande
PO Box 550
Arroyo Grande CA 93421
PRESERVATION COVENANT FOR THE
TRANSFER OF SLO-227 FROM THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION TO
THE CITY OF ARROYO GRANDE
use
Whereas azchaeological site CA-SLO-107, located on State Route 227 between Mile Post
0.73 and 0.91, in Arroyo Grande, San Luis Obispo County, California, 93420, hereinafter
referred to as the properly, is a resource of recognized historical significance that has
been considered eligible for inclusion on the National Register of Historic Places;
Now therefore, the California Department of Transportation covenants on behalf of itself,
its heirs, successors, and assigns at all times to the City of Arroyo Grande to maintain and
preserve the archaeological site, as follows:
The City of Arroyo Grande shall preserve azchaeological site CA-SLO-107 in
order to preserve and enhance those qualities that make the property eligible for
inclusion in the National Register.
2. The City of Arroyo Grande shall not alter or impact the property without first
giving notice and a summary of the proposed action to the Califomia State Office
of Historic Preservation (or successor to such office); which shall have 30 days
after receipt of the notice and summary for review and comment. If the State
Office of Historic Preservation determines that a proposed action will have an
adverse effect on the property, the Public Works Director of the City of Arroyo
Grande shall develop with the State Office of Historic Preservation such prudent
and feasible measures as aze necessary to eliminate or mitigate the adverse
effects.
3. The officers, agents and employees of the State Office of Historic Preservation
shall be permitted at all reasonable times to inspect the property in order to
ascertain if the above conditions aze being observed.
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JULIE RODEWALD Dc
San Luis Obispo County-Clerk/Recorder 11/10/2008
Recorded at the request of 1:41 PM
Public
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Titles: 1 Pages: '1
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
4. In the event of a violation of this covenant, and in addition to any remedy now or
hereafter provided by law, the State Historic Preservation Officer may, following
reasonable notice to the City of Arroyo Grande, institute suit to enjoin said
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violation or to require mitigation of damage to the property. The parties shall first
mediate differences about prudent and feasible measures to be adopted through a
mediator approved by the State Historic Preservation Officer and the City Public
Works Director, acting together, or through assistance from the Presiding Judge
of the San Luis Obispo County Superior Court.
5. The City of Arroyo Grande agrees that the State Historic Preservation Officer
may, at the officer's discretion, without prior notice to the City, convey and assign
all or part of the rights and responsibilities of the State Office of Historic
Preservation, as contained herein, to a third party.
6. This agreement is binding on the City of Arroyo Grande, its heirs, successors and
assigns to the property, in perpetuity. Restrictions, stipulations, and covenants
contained herein shall be inserted by the City of Arroyo Grande verbatim or by
express reference in any deed or other legal instrument by which it divests itself
of either the fee simple title or any other lesser estate in CA-SLO-107 or any part
thereof.
7. The failure of the State Historic Preservation Officer to exercise any right or
remedy granted under this instrument shall not have the effect of waiving or
limiting the exercise of any other right or remedy or the use of such right or
remedy at any other time.
The covenant shall be a binding servitude upon SLO-227-0.73/0.91 and shall be
deemed to run with the land. Acceptance of the resolution to which this covenant is
appended shall constitute evidence that the City of Arroyo Grande agrees to be bound
by the foregoing conditions and restrictions and to perform to obligations herein set
forth. iC~CL~C'c1e-d i70C.. 'Fk'. ~,G08 OS b O (P~ ~G~-k-: 1 I ~ ~ 7 ~ 30c`3
CALIFORNIA DEPART NT OF TRANSPORTATION
Date: ~O ~ O
Name and Title for RICHARD KRUMHOLZ
Di~rict 5 Director
Approved and Accepted:
CITY OF ARROYO GRANDE
By: vlet.~/ Date: f~t„~ T2.~roFf
Name an i
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