HomeMy WebLinkAbout2001-025583RECORDING REQUESTED BY:
City of Arroyo Grande
AND WHEN RECORDED MAIL TO:
City Clerk
City of Arroyo Grande
214 East Branch
Arroyo Grande, CA 93420
Doc No: 2001-025583
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Apr 17, 2001
Time: 10:44
Rpt No: 00032627
NF —1 0.00
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11 ;TOTAL
OPEN-SPACE AGREEMENT GRANTING AN OPEN-SPACE EASEMENT
TO THE CITY OF ARROYO GRANDE
PORTTON OF LOTS 37, 38, 39, & 40, TRACT 2265
CITY OF ARROYO GRANDE, CALIFORNIA
THIS AGREEMEN'T is made and entered in this 13th day of September, 2000, by and between
VILLAGE GLEN HOMES, LLC, hereinafter collectively referred to as "Owner," and the CIT1' OF
ARROYO GRANDE, a municipa] corporation, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, Owner is the record owner of certain real property (hereinafter referred to as the
o.00
"Owner's Property") located in the City of Arroyo Grande, County of San Luis Obispo, State of Califomia,
which is more particularly described as Lots 1 through 41, inclusive, of that Subdivision Map entitled "Final
Tract No. 2265, City of Arroyo Crrande; ' recorded the 23rd day of August, 2000, in Book 19 of Maps at Page
31, in the records of the Recorder of San Luis Obispo County (hereinafter "Tract 2265"); and
WHEREAS, as a condition precedent to the approval of a final subdivision map for Tract 2265 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 City for the benefit of the public,
including the lots being created in said subdivision; and
WHEREAS, Owner intends that the reshictions contained in this agreement shall apply to that
portion of Owner's Property (hereinafter referred to as the "Subject Properiy") which is more particularly
described as Lot 37 through 40 inclusive, excepting therefrom those portions shown as "buildable areas" on
Sheet 5 of the Final Tract No. 2265, comprising 22.80 acres, more or less, of Tract 2265; and
WHEREAS, execution of this agreement by Owner and City, and thc 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 Vesting Tentative Tract 2265; and
WHEREAS, the Subject Property has certain natural scenic beauty and existing openness, and both
Owner and City desire to preserve and conserve for the public benefit the great natural scenic beauty and
existing 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 beauty and existing openness of the Subject Property by the
resh 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 Govemment Code Sections 51070 through
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 titte company preliminary title report or
preliminary subdivision guarantee listing all trust deed beneficiaries and mortgagees, if any, under prior
recorded deeds of trust and mortgages on the Subject Property.
NOW, THEREFORE, in considerarion of the premises and in compliance with the provisions 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:
Grant of onen-snace easement. Owner hereby grants to City, for the term specified in
paragraph S below, an open-space easement in and to the Subject Property described above. The open-
space easement granted herein conveys to City an estate and interest in real property of the nature and
character specified in the Open-Space Easement 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 collectivety,
upon Subject Property, the various acts hereinafter mentioned.
Restrictions on use of the Subiect Pronertv. The restrictions imposed upon the
use of the Subject Property by Ovmer and its successors in interest and the acts which Owner and its
successors in interest shall refrain from doing, and permit to be done, upon the Subject Property are as
follows:
(a) No buildings, structures, grading, filling, or other improvements shall be placed,
constiucted, or erected upon the Subject Property except as may be required for City approved infraslructure,
(e.g., drainage, utilities, sewer, water, roads) or as otherwise authorized by the approved subdivision map
referred to above, and except agricultural uses which are consistent with the nature and purpose of this
Agreement, such as orchards, vineyards, and non-commercial grazing of cattle, horses and sheep, subject
to compliance with the Arroyo Grande Development Code.
(b) No advertising of any Idnd or nature shall be located on or within the Subject Property,
except for advertising related to the initial 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, City approved �ee removal, or wildfire management purposes.
(d) Except as determined necessary by City for the construcrion, 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 infrashucture, the general topography of the
landscape shall be maintained in its present condirion and, no other grading, excavation, or topographic
changes shall be made, except as allowed for in paragraph (a) of this Section.
(e) No use of the Subject Property which will or does materially alter the landscape or other
amactive 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 enhy is
required.
(g) Owner shall not cut rimber, trees, or other natural growth, except as may be required for
fire protection, elimination of diseased growth, and similar protective measures as approved by City,
tract improvements (including drainage) as shown on the finai improvement plans for said hact 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 othenvise 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
Property.
(i) Owner shall not cover or cause the Subject Property to be covered in whole or in part
with any aspha]t, 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 authorized by the provisions of this
agreement.
(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 othenvise 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 rivo 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 bv Owner. Nohvithstanding the provisions of section 2 above, and
excepted from this grant and expressly reserved to Owner is the right to enter upon the Subject Propercy
for the purposes of cons�ucting 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. Compliance with Citv reeulations. Land uses permitted or reserved to Owner inthis
agreement are subject to all City ordinances and regulations, including those regulating land
5. Cons�ucrion of imvrovements. Owner shall not construct or permit the construction of any
improvements on the Subject Property except as expressly reserved herein or as authorized in the Open-
Space Easement Act of 1974. Provided, however, nothing contained in this agreement shall prohibit the
construction, maintenance and repair of the tracYs improvements as shown on the final improvement plans
for said tract or other City approved infrastructure.
6. No authorization for nublic tresnass. The grant of easement contained herein and
its acceptance by the City does not authorize and is not to be construed as authorizing the public or any
member thereof to h upon or use all or any portion of the Subject Property or as granting to the pubiic
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 agreement
is solely to restrict the uses to which the Subject Property may be put so that said Property 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.
Effect on nrior easements. Nothing contained in this agreement shall limit or
affect any easements that are of record and that have been heretofore granted by Owner on, over, under,
or across the Subject Property or any portion thereof.
8. Duration of easement. The grant of easement to City contained in this agreementshall
be effective when it has been approved and accepted by resolution of the City Council inthe manner
required by law, and it shall remain in effect in perpetuity unless abandoned orotherwise terminated by
the City Council in accordance with the provisions of the Open-SpaceEasement 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 XIII of the Constitution of the State of
Califomia.
10. Bindine on successors in interest. 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 successors in interest.
11. Effect of waiver. Ciry's waiver of the breach of any one term, covenant, or prodision of this
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 provision of this agreement.
12. 7udicial enforcement. Enforcement shall be by proceeding at law or in equity, either to resh
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 resh contained herein.
13. Law ¢ovemine and venue. 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 duries and obligarions of the parties created hereunder aze performable in the County of San Luis Obispo,
and such County 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 agreement.
14. EnforceabiliN. If any term, covenant, condirion, or provision of this agreement is held by a court
of competent jurisdiction 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 invalidated thereby.
15. Norices. Unless othenvise 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 the City
shall be addressed as follows: Director of Community Development, City of Arroyo Grande, 214 E. Branch,
Arroyo Grande, Califomia 93420. Notices required to be given to Owner shall be addressed as follows:
Village Glen Homes, LLC, 420 Canyon Way, Arroyo Grande, Califomia 93420. Provided that any party may
change such address by notice in writing to the other party, and thereafter notices shall be addressed and
transmitted to the new address.
16. Subordination. The trust deed beneficiaries and mortagees, if any, listed on the preliminary title
report or preliminary subdivision guarantee referred to the above, and whose signatures are a�xed hereto,
do hereby assent to this agreement and, further, do hereby subordinate their respective interests to the
restrictions and obligations imposed herein.
17. Aereement to be recorded. Owner and Ciry 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 exectuted this agreement as ofthe day and year
Frst above written.
VII,LAGE GLEN HOMES, LLC:
Gary L. Y , or . A. Ro s Builders, Inc.
as general m� r of Village Glen Homes, LLC
TRUST DEED BENEFICIARIES
The undersigned Beneficiazy under that certain Deed of Trust dated July 10, 2000 and recorded July 18,
2000 as Instrument No. 2000-039849, of the Official Records of San Luis Obispo County, California,
consents to all of the provisions contained in the attached Open Space Agreement for Tract No. 2265 for
Village Glen Homes, which was executed by VILLAGE GLEN HOMES, LLC, a California Limited
Liability Campany, as Owner, hereinafter referred to as the "Agreement," and agrees that the lien of the
above-referenced Deed af Trust shal: be junior, subor3inate and subject to the Agreement.
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ti • '��PROVEI3 �1S TO FORM AND LEGAL EFFECT:
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Clerk
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO ) ss
On /r/j i ,�� � , 2000, before me, �,7.G�j��i vj , a Notary Public,
personally appeazed �i - , personally known to me (or
proved to me on the basis of sarisfacto evidence) to be the person(p� whose name(t� is/aa� subscribed to
the within inshvment and aclmowledged to me that he/�d� executed the same in lus/¢gdtd�eYr
authorized capacity(�es), and that by lus/hen'thak signature�) on the instrument the person(g�, or the
entity upon behalf of which the person(�) acted, executed the insmzment.
WI"I'NESS my� an seal C���H�LD�
i IVp}arypubtic-Califania �
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�rComm,F�ies Dec 77, 20�2 �
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STATE OF CALIFORTIIA
COUNTY OF SAN LUIS OBISPO ) ss
On ��h i , 2000, before me, /�.0 ,�� Cpy� �,�✓s , a Notary Public,
personally appeazed _�7'�„�� Nc, Id�'��e 6(�lu r�„ce C. (46 �'«'dS , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) �/aze subscribed to
the within instrument and acknowledged to me that �dah¢/they executed the same in �is/�fet/their
authorized capacity(ies), and that by �tis/43efl'their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
MAYJ. CHILD6t5
WITNESS m hand and seal � � *���
Y � doray wbnc - contmao �
� xverside CouMy
NFyCarnm.6¢tes Dec 17.7ID2
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California l
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County of �
On �lp1o�
personally appeared
ew� A
KELLY WETMORE
Commission 8 1289T�9
� y Nolary Public - Califpn(O �
Son Luis Obispo COUMy r
My Canm. Ei�es 1m30.�5
to be the person(s) whose name(s) is/are
subscribed to the within instrument 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 instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNES my hand and official seal.
��,l�ico�
Place No�ary Seal Above SignaWre of Nolary Pu�lic
OPTIONAL
Though the information below is not required by law, it may prove valuable fo persons relying on fhe documenf
and could prevenf /raudulent removal and reattachment o( this (orm to another document.
Description of Attached Document
Title or Type of Document:
Document Date: 9'��J �� Number of Pages: ��
Signer(s) Other Than Named Above: �WuP f� � fl`,�l�� C Q!Jr"-F/'O.S
Capacity(ies) Claimed by Signer
Signer's Name: d1'��IC 6�a.e,Q /� - ac�r
� Individual
❑ CorporateOfficer—Title(s):
❑ Partner—O Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
SignerlsRepresenting: c /1 4Y1" �V�01 ('�rGlAll�
RIGHT THUMBPRINT
OF SIGNER
O 1899 Nelbnel Nolary 0.ssxietion • 9350 Da Wla Ave., PO. Bax 2402 • Cbalsworlq GR 91313@402 • xvrx.w�roreliwlary.wg ProO. No. 590] ReoNec Call ToILFree 1-BOtre]65B2]
END OF DOCUMENT
�ersonally known to me
❑ proved to me on the basis of satisfactory
evidence