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Home My WebLink About1994-027875 / RECORDING REQUESTED BY: 7�Go2 A,�.a City of Arroyo Grande AND WHEN RECORDED MAIL TO: City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 APN Doc No: 1994-021815 Official Records San Luis Obispo Co Francis M. Cooney Recorder May 03, 1994 Time: 08:00 L �� Rec No: 00033384 ;RF 25.00 � � � � � i � � ;TOTAL 25.00 OPENSPACE AGREEMENT GRAMING AN OPEN�PACE EASEMENT TO THE CITY OF ARROYO GRANDE THIS AGREEMENT is made and entered into this �o day of `f� � and betw�een OTTSE INC., a Califomia corporation, hereinafter referred to as "Owner", .., � and the CITY OF ARROYO GRANDE, a political subdivision of the State of Califomia, hereinafter referred to as "City". VIATNESSETH: WHERFAS, Owner is the record owner of that oertain real properly (hereinafter referred to as "Owners Propeiiy') la:ated in the City of Arroyo Grande, State of Califomia, which is rciore particularly described as: Paroel 4 aF Parcel Map No. 77-103, in the City of Arroyo Grande, County of San Luis Obispo, State aF Califomia, according to map recorded November 30, 1979 in Book 28 at page 85 of Parcel Maps, in the Office of the County Recorder aF said County, and A portion af Paroel 3 aF Parcel Map No 77-103, recorded in Book 28 at page 85 of Paroel Maps, shown as the "remainder' on Parcel Map AGAL-8�013, in the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, according to map reoorded Deoerr�ber 10, 1986 in Bodc 40 at page 55 of Parcel Maps in the Office of the County Reoorder of said CouMy; and WHEREAS Owners Property is subdivided ir�to Lots 1 through 77, indusive, of Tract 1994 as recorded �,1A_ u,� 1994 in Book � oF Maps in said Offce of the County Recorder� and Pnt�e Z� VN-IEREAS, it is in the public irderest that Lot 76 (hereinafter referred to as the "Subject Propert�/� of said Trad 1994 be retained as open space because such land will either add to the amenities of living in neighboring urbanized areas or will help preserve the rural character of the 'Trc,��f 199� ar� in which the land is located and the preservation of the land as open space is consistent with the Cit�/s gerieral plan; and WHEREAS, as a condition to the approval of said Tract 1994 by Ciiy for Owners Property, OHmer is required by the City to errter ir�to an agree�nerrt with the Ciiy, on behalf aF said Owner and the Los Robles de Rancho Grande HomeoHmers Associffiion ("Har�eoHmers Assoaation" herein), its successor in irrterest to Lot 76 of said Trad 1994, to mairdain said Lot 76 in c�en-space use; and WHEREAS, Owner intends that the restridions contained in this agreemerrt shall apply to said Lot 76; and WHEREAS, execution of this aqreerrient by Owner and City, and subsequent perfamanoe of its obligations by Owner and its sucoessors in ir�terest, will satisfy the open spaoe preservation requirement irr�osed by the Citys condition; and VN-IEREAS, the Subject Property has certain soenic beauty and ebsting openness, and by the easerr�ent grarrted herein and the imposition of the c�riditions hereinafter e�ressed, Owrier and Cdy desire to preserve and coruerve for the public benefit the scenic beauty and existing openness and present state af use aF said Subjed Property; and WHEREAS, both Owner and City irrtend that the terms, conditions, and restridions of the operrspace easernent grar�ted in this agreerr�errt are in canpliance with Govemment Code Sedions 51070 thrcxagh 51097, indusive, hereinafter referred to as the "Open-Space Easerrient Act of 1974", so as to be an eriforoeable restridion under the provisions of Revenue and Taxation Code Sedion 422; and WHEREAS, Owner has supplied City with a currerrt title corrpany Lot Book Guarantee or Prelimnary TiUe Report listing all trust deed benefiaaries and mortgagces, if arry, under prior recorded dceds of tnast and mortgages on the Subjed Properly. NOW, THEREFORE, in consideration of the prerrtises and in carpliance with the provisions of Govemmer�t Code Sedions 51070 through 51097, indusive, and in further oonsideration af the mutual promises, covenar�ts, and conditions herein oorrtained and the substarrtial public benefits to be derived therefore, the parties hereby aqree as follows: Grard of ooerrsaace easerr�rt. Owner hereby grarits to public and City, for the term speafied in paragraph 8 belanr, an operrspace easerr�errt in and to the Subjed Property described above. The open-space easerr�ent grar�ted herein conveys to the public and City an estate and irderest in the real properly of the nature and character speafied in the OperrSpace Easerrient Act of 1974, which is subject to the e�ress conditions and restridions irrposed herein upon the use of the property by Owner. To that end, and for the purpose af accorrplishing the irderrt aF the parties hereto, Oauner oovenarrts on behalf of itself, its successors and assigns with the City, its suco��sors and assigns to do and refrain from dang, severally and collectively, upon the Subjed Properly, the various acts hereinafter mentioned. _7 « . . ,� •�i�'�. . ar. - ...�u 1� - �. � r . �. u.... c. ... � � � use of the Subject Property by Owner and its successors in irrterest and the acts which Ouuner and its suocessors in irrterest shall reftain from dang, and pertnit to be done, upon the Subjed Property are as fdlows: No buildings, structures, or other improverrients shall be placed, constnxled, or erected upcxi the Subjed Properiy except for landscape mair�tenanoe, recreation and corrrrion spaoe uses of the Fiomeov�rciers Assouation which are not inconsisterrt with this easernent, or as are authorized by the Dedaration of Restrictive Covenarrts applicable to Tract 1994 or as subsequently otherwise authorized by the jant approval af the Homeouvners Assocc:iation and City.ex as�rr �I be r uired for City-a�oroved trails, wal�kw y�. drainaae facilities or ather Cibr�prxoved infrastrudure. 2. Owner shall not plar�t nor permit to be plar�ted any vegetation upon the Subjed Property exoept for erosion contrd or natural or omamental landscaping, or as are othenNise authorized by the applicable Dedaration of Restrictive Covenarrt or are approved jantly by the HomeoNmers Pssouffiion and City or part of the approved open space enhancerrierrt plan for this ar�. 3. Except for the construction, alteration, relocation, and mair�tenance of public roads and public paths, and City approved subdivision improverrients, the general topography of the landscape shall be mairrtained in its present conditions and no grading, grazing, excavation, or topographic changes shall be made except by the jar�t approval of Haneowners Pssoaation and City. 4. No use af the Subjed Property which will or does materially alter the landscape or other attradive scenic features af the properiy, other than those specified herein, shall be done or suffered without the jar�t approval of the Homeowners Associffiion and City. 5. Owner and its sucoessors in ir�terest shall not extrad natural resources from the Subjed Property, except for developrr�erd af water rights. 6. Owner and its sucoessors shall not cut trees or other natural growth, nor cover or quse the Subjed Properly to be c�vered in whole or in part with any asphalt, stone, conaete, or other material which does nat constitute natural cwer for the land, nor othenNise disturb the natural oover of the land, except as ma�r be required for cormion use af the Subject Propeity and for fire protedion, thinning, elimination of diseased growth, erosion control, landscape maintenanoe and improvement, constnx;ting subdivision improverrients and similar measures for cormion good unless otherwise authorized by the provisions aF this agreerr�ent. :�....i �„ .� _ ' �..,�c � . ..- . - . -« - ..- - e�ressly reserved to Owner and its sucoessor in irrterest, the Har�eoMmers Pssociation, subjed to the conditions and restridions irrposed in this agreeir�ent. .� . ._ u � � _• . � •.L_ . . � _.. . - _. . - - �. . • - _ . Flomeowners Association in this agreerr�errt are subject to all City ordinances and regulations, induding those regulating land use. _•,�. i_n .,� .� u . ., _�� n • - . .. . . .- - construdion of any improverrierrts on the Subject Properiy except as reserved herein or as authorized in the OperrSpace Easerr�er�t Act of 1974; provided, hawever, nothing corrtained in this �qreerrierd shall prohibit the construdion of facilities installed for the benefit of the Subjed Property pursuant to the Dedaration of Restridive Covenards or public service facilities installed pursuar�t to jar�t authorization of the City and the Florr�avners Association. 6. No authorization for public tres�. Other than the public paths mairrtained by the City af Arroyo Grande, the grant of easerr�ent contained herein and its acceptance by the City does not authorize, and is not to be constnaed as authorizing, the public or any merriber thereof to trespass upon or use all or any portion of the Subjed Property or as grariting to the public or any rnember thereof arry tangible rights in or to the Subject Property or the rigM to go upon or use or utilize the Subjed Properiy in arry manner whatsoever. It is understood that the purpose of this agreemer�t is sdely to restrid the uses to which the Subject Property may be put so that the property may be kept in open spaoe for the benefit of the Ha�m�ers Association, the residerrts of Tract 1994 and the public. 7. Effed on prior easerrier�ts. Nothing contained in this agreerr�errt shall lirrit or affed any easemerds that are of record and that have been heretofore grar�ted by Owner or its predeoessors in ir�terest on, over, under, or across the Subjed Property or arry portion thereof. 8. Duration of easemer�t. The grard of easemertt to City corrtained in this agreement shall be effedive when it has been approved and acoepted by resolution of the City Counal in the manner required by law, and it shall remain in effect in effed for a term of ten (10) years, provided that on the tenth anniversary date of the aoceptance of the oper}space easerr�errt, a year shall be added autorriatically to the initial tertn unless a notice of nonrenewl is given as prcrvided in Govemmerrt Sedion 51091 or unless sooner abandoned or athervvise terminated by the City Counal in aocordance with the provision of the OperrSpace Easernent Act aF 1974 or suocessor legislation. 9. Fsforoeable restridions. Upon acceptance of the operrspace easerrient grarrted herein, the Subjed Property shall be deerr�ed to be "er�foroeably restrided" within the meaning of Sedion 422 of the Revenue and Taxation Code and Sedion 8 af Artide XII I aF the Constitution af the State of Califomia. 10. Binding on s�ssors in ir�terest. All provisions of this agreerr�ent shall run with the land described herein and shall be binding on the parties hereto and their heirs, assigns, and sucoessor in irrterest. 11. Effed of waiver. City's waiver of the breach of any one term, covenar�t, or provision of this agreerrierrt shall nat be a waiver of a subsequent breach of the sarrie term, covenard, or provisi� of this agreerrierrt or af the breach of any other term, covenard, or provision of this agreerrier�t. 12. Judiaal erfforcerr�errt. Er�forcerrierrt shall be by proceeding at law or in equity, either to restrain a violation or an atterrpted vidation or by suit to recover damages against any person or persons violating or atterrpting to violate arry cbvenarrt or restridion contained herein. 13. Law goveming and venue. This agreerrierrt has been executed and delivered in, and shall be irderpreted, construed, and enforced pursuar�t to and in acoordanoe with the laws of the State of Califomia. All duties and obligations of the parties cr�ted hereunder are perforrrrable in the Ciiy of Arroyo Grarxie. The CouMy of San Luis Obispo shall be the venue for any adion or proceeding that may be brought, or arise out of, in connection with, or by reason af this agreerrierrt. 14. Enforoeabilfir. If any term, covenard, condition, or provision of this agreemer�t is held by a oourt of corrpeter�t jurisdidion to be invalid, vad, or uner�forceable, the rerriainder of the provisions hereaf shall remain in full force and effed and shall in no way be affeded, impaired, or irrvalidated thereby. 15. N i . 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 Ciiy shall be addressed as follaws: Planning Diredor, City of Arroyo Grande, P.O. Box 550, Arroyo Grande, Califomia 93421. Notices required to be given to Owner shall be addressed as follows: OTTSE INC., c/o Burkart & Salzgeber, Certified Public Accountarrts, P.O. Box 1423, San Luis Obispo, Califomia 93406. Arry party may charx,�e such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 17. 2�reemerrt to be recorded. Owner and City intend and conserrt to the recordation of //// 5 this agreerrient in the offioe of the Courity Recorder of the Courrty af San Luis Obispo. IN WITNESS WHEREOF, the parties hereto have eacecuted this agreemerd as aF the day and year first above written. OTTSE INC., "O�uner' �� .. - - � - - ' '-'-,7 �ir �. -- �.-.- >«- ► �� _..:��1 � __ • • - � � Peter N. Braun, Special Legal Counsel to the City of Arroyo Grande ' � �� . - � /' � � ... I �'-� DESCRIP'iION APPROVED 6Y: John L Vliallace, Interim City ngineer By ' Date: �' w , 1994 0 CITY OF ARROYO GRAN9F I_��3:h ;i.45 � 3�: �� State of Califomia County of San Luis Obispo On A P�er r� 9 . 1994 before me , M. L U T Ff _G 12. , EJEfSOI18IIy a�(J28�ECI Donnalee Salzgeber, Secretary of Ottse Inc., a Califomia corporation, personally Imaun to me (or proved to me on the basis of satisfadory evidenoe) to be the person(s) whose narr�e(s) is/are subscxibed to the within instrument and acknaMedged to me that, he/sheJthey executed the sarr�e in his/herftheir 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) aded, executed the instniment. WITNESS my hand and afficial seal. Signature `��'"�• u��J (seal) \1994DOC�SUBMIIIED�OPNSP764. SUB VER 4/&94 7 i �.�Q �..��„� � � y NoTW Pt6AC — CAi�O1N0 SAN WB OBaPO CWMV My Comm. Bpkw Npy 11.1996 END OF DOCUMENT