HomeMy WebLinkAbout2008-056414
____.___
JULIE RODEWALD
San Luis Obispo County-CIerWRecorder
Complimentary 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
I'IWIMIINIIMII
PRESERVATION COVENANT FOR THE
TRANSFER OF SLO-227 FROM THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION TO
THE CITY OF ARROYO GRANDE
DG
11/10/2008
1:41 PM
Titles: 1 Pages: '1
Fees 0.00
Taxes 0,00
Others 0.00
PAID $0.00
Use
Whereas the Works Project Administration (WPA) masonry wall and sidewalks, located
on westbound side of East Branch Street between Crown Hill Street and the driveway to
Paulding Middle School, in Arroyo Grande, San Luis Obispo County, California, 93420,
(State Route 227 Mile Post 0.57-0.73) hereinafter referred to as the property, is a resource
of recognized historical significance that has been determined 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 WPA masonry wall and sidewalks, as follows:
1. The City of Arroyo Grande shall preserve the WPA masonry wall and sidewalks
in accordance with the recommended approaches in the Secretary of the Interior's
Standards for the Treatment of Historic Properties (National Pazk Service, 1995)
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 the original or significant historical
fabric; or transfer, relocate or demolish historical resources which would affect
the integrity or the. appeazance of the property without first giving notice and a
summary of the proposed action to the California 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 are necessazy 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 WPA masonry wall and
sidewalks in order to ascertain if the above conditions are being observed.
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
violation or to require restoration of the WPA masonry wall and sidewalks. 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 Fresiding 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 WPA masonry wall and sidewalks, 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 the WPA masonry wall and sidewalks 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-227-0.57/0.73 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. R,e_corded DocY~-aco8os(oo(o~7 pcx:#c.; 1(o~/aros5
CALIFORNIA DEPARTMENT OFT ORTATION
_ Date: ~
Name and Title for RI KRUI~Q-I01-Z
District 5 Director
Approved and Accepted:
CITY OF ARROYO GRANDE
gy Date: naT /3. 7GOF!
Name ~ e
BAD OF DOCUMEM