HomeMy WebLinkAbout2000-039510r= =�:.ORIGINAL
Recording Requested By: �i�'
When Recorded Mail To:
City Clerk
City of Arroyo Grande
214 East Branch Street
Arroyo Crrande, CA 93420
Doc No: 2000-039510
Official Records
San Luis Obispo Co
Julie L. Rodew8ld
Recorder
Jul 17, 2000
Time: 08:00
[ 12]
Rpt No
;RF —1
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OPEN-SPACE AGREEMENT GRANTING AN OPEN-SPACE EASEMENT
TO TI� CITY OF ARROYO GRANDE
LOT 40, TRACT 2207
CITY OF ARROYO GRANDE, CALIFORNIA
THIS AGREEMENT is made and entered in this� day of �, 2000,
40.00
40.00
by and between JH Land Partnerslup, L.P., a California lunited partnerslup hereinafter 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 properry (hereinafter referred to as
the "Owner's Pmperty'� located in the City of Arroyo Grande, County of San Luis Obispo, State
of California, wluch is more particulazly described as Lots 1 through 40, inclusive, of that
Subdivision Map entiUed "Fina1 Tract No. 2207, City of Arroyo Grande," recorded the
day of f'UI �� , 2000, in Book I�1 of Maps at Page �p , in the records
of the Recorder of San Luis Obispo County (hereinafter "Tract 2207'�; and
WHEREAS, as a condition precedent to the appmval of a final subdivision map for
Tract 2207 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
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City for the benefit of the public, including the lots being created in said subdivision; and
WHEREAS, Owner intends that the restrictions contained in flus agreement shall apply to
that portion of Owner's Pmperty (hereinafter referred to as the "Subject Property'� wluch is
more particularly described as Lot 40, comprising 23.74 acres, more or less, of Tract 2207; 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 220'7; and
WHEREAS, the Subject Pmperty has certain natural scenic besuty and e�cisting
openness, and both Owner and City desire to preserve and conserve for the public benefit the
great natival scenic beauty and exisdng 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 besuty and existing openness of the
Subject Pmperty 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
the open-space easement granted in this agreement are in compliance with Government Code
Sections 51070 thmugh 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 tifle
report or preliminary subdivision guarantee listing all trust deed beneficiaries and mortgagees, if
any, under prior recorded deeds of t�ust and mortgagees on the Subject Property.
NOW THEREFORE, in consideration of the premises and in compliance with the
pmvisions 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:
C*rant of Ooen-SgaJe E.�cement. 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 the City an estate and interest in real
property of the nature and character specified in the Open-Space Easement Act of 1974, wlrich
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 covenents on behalf of itself, its successors and assigns with the City, its successors and
assigned to do and refrain from doing, severally and collectively, upon Subject Property, the
various acts hereinafter mentioned.
2. Restrictions on use of the Subeect Pronertr" 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 pernut to be done, upon the Subject
Property are as follows:
(a) No buildings, structures, grading, filling, or other improvements shall be
placed, constructed, or erected upon the Subject Property except as may be required for City
appmved 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 withiu the Subject
Property, except for advertising related to the initiai 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 infrastructure or wildfire management putposes.
(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
infrash�ucture, the general topography of the landscape shall be maintained in its present
condition and, no other gi�ading, excavation, or topograpluc changes shall be made.
(e) No use of the Subject Property wluch 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 pmtection, elimination of diseased growth, and similaz protective measures as
appmved by City, tract improvements (including drainage) as shown on the final impmvement
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 Pmperty.
(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 suthorized by the
provisions of this ageement.
(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 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 portion thereof by Owner or its successors in interest shall
be considered null and void.
3. Reservations of use by Owner. Notwithstanding the pmvisions 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 improvements authorized by the
approved Subdivision Map referred to above, and any amendments or modifications thereto
which may be approved by the City.
4. Comoliance with Ci�,y re ations. Land uses permitted or reserved to Owner in
this agreement are subject to all City ordinances and regulations, including those regulating land
f�
5. Co�ctn,cion of imorovementc. Owner shall not construct or pernut the
construction of any impmvements on the Subject Property except as eacpressly reserved herein or
as authorized in the Open-Space Easement Act of 1974. Provided, however, notUing contained
in this agreement shall pmhibit the construction, maintenance and repair of the tract's
improvements as shown on the final improvement plans for said tract or other City appmved
R�S� r• _ Y�_""f.'iR�s�
6. No aLthor�tion for .bli .�cc, The grant of easement contained herein and
its acceptance by the City does not suthorize 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 of this a�eement is solely to restrict the uses to which the Subject
Property may be put so that said Properry 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. F.�Fert on mior eacements. Nothing contained in this agreement shall limit or
affect any easements that aze of record and that have been heretofore granted by Owner on, over,
under or across the Subject Property or any portion thereof.
8. The grant of easement to City contained in t}ris 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 XII of the
Constitution of the State of California.
10. Binding on �LCC�ssors in intPrest. All provisions of tlus 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 tlris 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
pmvision of this agreement.
12. Judici�t e�forcement. Enforcement shall be by prceeeding 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. i.aw �overning �nd venLe. 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 shali 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. F.nfomeAbilitv� If any term, covenant, condition, or pmvision of tlus agreement is
held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder or
the provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
I5. I�tis�es. Unless otherwise provided, all notices herein required shall be in
writing, and delivered in person or sent by United States fust class xnail, 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, Califomia 93420. Notice
required to be given to Owner shall be addressed as follows: 7H Land Partnerslup, L.P., 498
Colonial Place, Nipomo, California 93444. Pmvided that any party may change such address by
notice in writing to the other pariy, and thereafter nodces shall be addressed and h�ansmitted to
the new address.
16. �»bor�naton. The trust deed beneficiaries and mortgagees, if any, listed on the
preliminary title report or preliminary 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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day
and yeaz first above written.
OWNER
JH LAND PARTNERSHIP, L.P.
A CALIFOItNIA LIMITED PARTNERSHIP
John Sc ino
Gene�ai Partner/General Counsel
CITY OF ARROYO GRANDE
By:
Tifle:
ATTEST:
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APPROVED AS TO FORM AND LEGAL EFFECT:
LYON 8c CARMEL
City Attorney's
�.
By C r fiY k�'tfec e
Dated: �� t� �oo
APPROVED AS TO CONTENT:
Coma�unity velopment Director
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By:
Dated: 1� � a 0
TRU5T DEED BENEFICIARIES
and/or MORTGAGES
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By: $ARR�( S• CaH�N
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Title: SFN��� V��F ��Sf�N�
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STATB OF O IA )S3
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ACKNOWLEDGEMENT
State of California )
) ss.
County of Los Angeles )
On May 26, 2000, before me, the undersigned, a Notary Public in
and for said State, personally appeared Barry J. Cohen and
Anthony Lopilato, personally known to me to be the persons
whose names are subscribed to the within instrument and
acknowledged to me that they executed the same in their
authorized capacities, and that by their signatures on the
instrument the persons, or the entity upon behalf of which the
persons acted, executed this instrument.
WITNESS my hand and official seal
Kn�+v �. oov�e
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(Notary Seal)
CALIFORNIA ALL-PURPOSE ACKNOWLEDQiMENT
State of Califomia
County of
S�� h-U 15 � g I S Pa } ss.
On I( fl� , before me, /�.c��Y ��TmOQ'E, N�TI�`� PIC��I �,
Oele ame anE Tlb d OMCer e.9.�'Jere Dae. �Y Pudk')
personally appeared
rsonally known to me
proved to me on the basis of satisfactory
evidence
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Plaos NoYry 9sN Abova
OPTIONAL
Though the informafion bebw fs not required by law, it may prove valuable to persons relyirg on the document
arM could pievent /raudulent removal and reaKechmen[ of this form to another document.
DescHption of Attached Document
TiUe or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(fes) Claimed by Signer
Signer's Name:
❑ Individual
❑ corpora�e office� — ra�e�5>:
❑ Partner — O Limited ❑ Gen�
❑ Attomey in Fact
❑ TNStCC
❑ Guardian or
❑ Other:
to be the person(s) whose name(s) is/are
subscribed to the within instrument and
acknowledged to me that he/shelthey 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.
WITNES hand and o icial seal.
`i�dLi�
9 dNObryPUdk
Pages:
Is Representing:
roP or m�mn nere
O 1987 Natimel Ndary AasaWtlm • 9350 De Soto Aw.. P.O. Boa 2�02. CtrhwoNi. CA 9131&2402 ProO. No. 5907 Rewder: CaII7bFF�es 1206W68B2]
END OF DOCUMENT