HomeMy WebLinkAbout1994-027874RECORDING REQUESTED BY:
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City of Arroyo Grande
AND WHEN
MAILTO: DOC PIO 1994-021814 Re� No: 00033383
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93420
Official Records
San Luis Obispo Co.
Francis M. Cooney
Recorder
May 03, 1994
Time: 08:00
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TOTAL
OPEN-SPACE AGREEMENT GRANTING AN OPEN�PACE
EASEMENT TO THE CITY OF ARROYO GRANDE
THIS AGREEMENT is made and entered into this u day af �• � , 1994,
by and between OTTSE INC., a California corporation, hereinafter referred to as "Owner", and
the CITY OF ARROYO GR,4NDE, a politipl subdivision of the State of Califomia, hereinafter
referred to as "City".
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WHEREAS, Owner is the record owner of that certain real property (hereinafter referred
to as "O�mer's Property") located in the City of Arroyo Grande, State of Califomia, which is more
particularly described as:
Parcel 4 of Parcel Map No. 77-103, in the Ciiy of Arroyo Grande, Courrty of San
Luis Obispo, State of Califomia, acxording to map recorded November 30, 1979
in Book 28 at page 85 of Parcel Maps, in the Office of the Courity Recorder of said
County, and
A portion of Parcel 3 of Parcel Map No 77-103, recorded in Book 28 at page 85
of Parcel Maps, shown as the "remainder" on Parcel Map AGAL-83-013, in the
City of Arroyo Grande, Couriiy of San Luis Obispo, State of Califomia, according
to map recorded December 10, 1986 in Book 40 at page 55 of Parcel Maps in the
Office of the County Recorder of said County; and
WHEREAS Owner's Property is subdivided into Lots 1 through 77, inGusive, of Trad
1994 as recorded M� , 1994 in Book � of Maps in said Office of the County
Recorder; and � �
VN-IEREAS, it is in the public ir�terest thffi Lot 77 (hereinafter referred to as the
"Subject Property") of said Tract 1994 be retained as open space because such land will
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either add to the amenities of living in neighboring urbanized areas or will help preserve the
rural chareder of the area in which the land is located and the preseniation of the land as
open space is consister�t with the City's general plan; and
WHEREAS, as a condition to the approval of said Trad 1994 by Ciiy for Owner's
Property, Owner is required by the City to enter iMo an agreemerrt with the City to mairrtain
said Lot 77 in open-space use pending acceptance of Owner's offer to City of dedication af
said Lot 77; and
WHEREAS, Owner irrtends that the restrictions cor�tained in this agreemer�t shall apply
to the Subject Property; and
WHEREAS, execution of this agreemerrt by Owner and City, and subsequerrt
performance of its obligations by Owner and its successors in interest, will satisfy the open
space preservation requiremeM imposed by the City's condition; and
WHEREAS, the Subject Property has certain scenic beauty and ebsting openness,
and by the easemerrt grarited herein and the imposition of the conditions hereinafter
e�ressed, Owner and City desire to preserve and conserve for the public benefit the scenic
beauty and existing openness and preser�t state of use of said Subject Properly; and
WHEREAS, both Owner and City irrtend that the terms, conditions, and restridions of
the open-space easemerit grarrted in this agreement are in compliance with Govemment Code
Sections 51070 through 51097, inclusive, hereinafter referred to as the "Open-Space
Easemerrt Act of 1974", so as to be an er�forceable restriction under the provisions of
Revenue and Taxation Code Section 422; and
WHEREAS, Ouvner has supplied City with a current title company Lot Book Guarantee
or Preliminary Title Report listing all trust deed ben�ciaries 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 Govemmerrt Code Sections 51070 through 51097, inGusive, and in further
consideration of the mutual promises, covenants, and conditions herein coMained and the
substarrtial public benefits to be derived therefore, the parties hereby agree as follows:
Grarit of or�en-space easement. Owner hereby grants to the public and the
City, for the term specified in paragraph 8 below, an open-space easemer�t in and to the
Subject Property described above. The open-space easement grarded herein corneys to the
public and City an estate and iMerest in the real property of the nature and character specified
in the Open-Space Easemer�t 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 the Subject Property, the various acts hereinafter
mentioned.
2. Restrictions on use of the Subject Pro�rty. The restrictions imposed upon the
use af the Subject Property by Owner and its successors in ir�terest and the acts which Owner
and its successors in iriterest shall refrain from doing, and permit to be done, upon the
Subject Property are as follows:
No buildings, structures, or other improvements shall be placed,
constructed, or erected upon the Subject Properly except for landscape mairrtenance,
recreation and common space uses of the Los Robles de Rancho Grande Horneowners
Association which are not inconsisterrt with this easemerrt, or as are authorized by the
Dedaration of Restridive Covenar�ts applicable to Tract 1994 or as subsequer�tly otherwise
authorized by the joir�t approval af the Homeovimers Association and/or the Owner and City
and except as may be required for City-approved trails, walkways, drainage facilities or ather
City-approved infrastructure.
2. Owner shall not plarrt nor permit to be plar�ted any vegetation upon the
Subject Property except for erosion corrtrol or nffiural or omamental landscaping, or as are
othervvise authorized by the applicable Declaration of Restridive Covenar�t or are approved
jointly by the Homeou+mers Association and/or Owner and City or part of the approved open
space enhancemer�t plan for this area.
3. Except for the construdion, alteration, relocation, and mair�tenance of
public roads and public paths, and City approved subdivision improvements, the general
topography of the landscape shall be maintained in its present conditions and no grading,
grazing, excavation, or topographic changes shall be made except by the joirrt approval of
Oumer and City.
4. No use of the Subject Property which will or does materially alter the
landscape or other attractive scenic features of the property, other than those specified herein,
shall be done or suffered without the joir�t approval of the Owner and City.
5. Owner and its successors shall not cut trees or other nffiural growth, nor
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 othervuise
disturb the natural cover of the land, except as may be required for fire protection, thinning,
elimination of diseased growth, erasion coritrol, landscape maintenance and improvement,
c�nstructing subdivision improvements and similar measures unless othervvise authorized by
the provisions of this agreemer�t.
3. Reservations of use by Owner. All properry rights in the Subject Property are
e�ressly reserved to Owner and its successors in interest, subject to the conditions and
restrictions imposed in this agreement and the Citys ultimate power to accept fee title.
4. Com�liance with Cixy r�gulations. Land uses permitted or reserved to Owner
and/or Fbrneowners Association in this agreemer�t are subject to all City ordinances and
regulations, including those regulating land use.
5. Construction of Imorovements. Owner shall not construct or permit the
construction of any improvemerrts on the Subject Property except as reserved herein or as
authorized in the Open-Space Easemer�t Act of 1974; provided, however, nothing contained
in this agreement shall prohibit the construdion of facilities installed for the benefit of the
Subject Property pursuarrt to the Declaration of Restridive Covenar�ts or public service
faalities installed pursuant to joirrt authorization of the City and the Owner.
6. No authorization for �ublic trespass. The grarrt of easemer�t contained herein
and its acceptance by the City of Arroyo Grande 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 Properly or as grarrting 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 af this agreemerrt is
solely to restrict the uses to which the Subject Property may be put so that the property may
be kept in open space for the benefit of the Horr�eo�nmers Assoaation, the resider�ts of Tract
1994 arxi the public. Owner may take any steps not inconsister�t with this Agreemerd which it
reasonably deems necessary to protect itself from claims of personal injury or public liability,
induding, but not limited to, placing barriers, fenang or crass-fencing the Subject Property and
posting appropriate signage, subject to removal at option of City upon Citys aoceptance of fee
title.
7. Effect on qrior easemerrts. Nothing contained in this agreement shall limit or
affect any easements that are of record and that have been heretofore grar�ted by Owner or
its predecessors in ir�terest on, over, under, or across the Subject Property or any portion
thereof.
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8. Duration of easemeM. The grant of easemeM to City contained in this
agreemerrt shall be effective when it has been approved and accepted by resolution of the
City Counal in the manner required by law, and it shall remain in effect in perpetuity or until
abandoned or atherwise terminated by the City Counal in accordance with the provision of the
Open-Space Easemerit Act of 1974 or successor legislation.
9. Er�forceable restridions. Upon acceptance of the open-space easernerrt
grarrted herein, the Subject Property shall be deemed to be "er�forceably restrided" within the
rrieaning of Section 422 of the Revenue and Taxation Code and Section 8 of Artide XIII of the
Constitution of the State of Califomia.
10. Bin ' on successors in ir�terest. 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 successor in ir�terest.
11. Effect of waiver. A party's waiver of the breach of any one term, covenant, or
provision of this agreemer�t shall not be a waiver of a subsequer�t breach of the same term,
oovenar�t, or provision of this agreemer�t or of the breach of any other term, covenar�t, or
provision of this agreemerrt.
12. Judiaal er�forcemer�t. Er�forcemerrt 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 covenarrt or restriction contained
herein.
13. Law goveming and venue. This agreement has been executed and delivered
in, and shall be interpreted, construed, and enforced pursuaM to and in accordance with the
laws of the State of Califomia. All duties and obligations of the parties a hereunder are
perfortnable in the City aF Arroyo Grande. The County of San Luis Obispo 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 agreemerrt.
14. Er�forceabiliN. If any term, covenar�t, condition, or provision of this agreemer�t
is held by a court of competeM jurisdidion 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 irnalidated thereby.
15. [yQti�. Unless othervvise provided, all notices herein required shall be in
writing, and delivered in person or ser�t by United States first class mail, postage prepaid.
Notices required to be given to City shall be addressed as follows: Planning Director, City of
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Arroyo Grande, P.O. Box 550, Arroyo Grande, Califomia 93421. Notices required to be given
to Owner shall be addressed as follows: OTTSE INC., Go Burkart & Salzgeber, Certified
Public Aacountants, P.O. Box 1423, San Luis Obispo, Califomia 93406. Any party may
change such address by natice in writing to the other party, and ther�fter notices shall be
addressed and transmitted to the new address.
17. Agreement to be recorded. Owner and City iMend and consent to the recordation
of this agreemer�t in the office of the CouMy 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.
OTTSE INC., "Owner"
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CITY OF ARROYO GRANDF�, �„
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ATTEST:
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APPROVED AS TO FORM AND LEGAL EFFECT:
Peter N. Brown, Special Legal Counsel to the City of Arroyo Grande
���� Date: `(O , 1994
LEGAL DESCRIP'T10N APPROVED AS TO FORM:
John Ilace, Int rim i Engineer
By Date: � ` � , 1994
�
IT�?.��,���� �. u �1
State af Califomia
County of San Luis Obispo
On t�l�Ric is , 1994 before me, M� [..� r�r� , personally
appeared Donnalee Salzgeber, Secretary of Ottse Inc., a Califomia corporation, personally
known to me (or proved to me on the basis of satisfadory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrumer�t 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 instrumer�t the person(s) or the er�tity upon behalf of which the
person(s) acted, executed the instrumer�t.
WITNESS my hand and official seal.
Signature 71?� d� %�c¢c,
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