HomeMy WebLinkAbout2010-024498_ __ _____
--- ---------- AG
JULIE RODEWALD �Z8�2oio
San Lws Obispo County—Clerk/Recorder �. �
RECORDING REQUESTED
BY AND WHEN RECORDED
RETURN TO:
Clerk of the Board of Supervisors
County of San Luis Obispo
1055 Monterey Street
San Luis Obispo, CA 93408
Necorded at the request of
Public
�oca: 2010024498
III I IIIIIIIIIIIIIIIIIIII�IIIIIINIIillii ill
ritles: t Pages: 11
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
FOR RECORDER'S USE ONLY
COUNTY BUSINE55--FREE. THIS DOCUMENT PRESENTED FOR RECORDING PURSUANT TO GOVT. CODE
SECTION 27383.
CONSERVATION EASEMENT AGREEMENT
This Conservation Easement Agreement ("Agreement"), is made and entered
into this _�'day of IV�� , 2010, by and between the County of San Luis
Obispo, a political subdivision of the State of California, hereinafter called "County", and
the CITY OF ARROYO GRANDE, a municipal corporation of the State of California,
hereinafter called °City".
WITNESSETH
WHEREAS, County and City have entered into a Memorandum of Understanding
regarding acquisition of certain real property for the new City of Arroyo Grande Public
Safety Facility that included County's agreement to estabiish and dedicate to City a
perpetual conservation easement of approximately 6.58 acres over a portion of the real
property owned by the County and more particularly described on Exhibit A attached
hereto (the "Subject Property").
WHEREAS, the conservation easement is located on the Subject Property and
between West Branch Street, Rodeo Drive and Mercedes Lane (portions of APN's 007-
011-040 and 007-111-046), as more particularly described in Exhibit B attached hereto
("Conservation Easement"),
WHEREAS, the Conservation Easement has certain natural resources and
natural scenic beauty including an unnamed creek, detention basin, trail and wildlife
habitat area; and
WHEREAS, both County and City desire to preserve and conserve for the public
benefit the natural resources and scenic beauty of the Conservation Easement; and
WHEREAS, the County has offered to dedicate this conservation easement to
preserve the site's natural resources and scenic beauty by restricting County's and
City's use of and activities on that portion of the Subject Property containing the
Conservation Easement through the imposition of a perpetual conservation easement
with the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals, and in further
consideration of the mutual promises, covenants and the conditions herein contained,
the parties hereto agree as follows:
County hereby grants to City, a conservation easement (the "Conservation
EasemenY') over that portion of the Subject Property as shown on Exhibit A
and as further described on Exhibit B attached hereto and incorporated herein
(the "Easement Area"). The Conservation Easement granted herein conveys
to City an estate and interest in the Easement Area. The purpose of the
Conservation Easement is to preserve, protect and sustain the natural
resources and scenic beauty, and to otherwise restrict the Easement Area as
hereinafter set forth.
2. The restrictions hereby imposed upon the use of the Easement Area by
County and City and the acts which County and City shall refrain from doing
upon the Easement Area are, and shall be, as follows:
a. No residential dwellings may be constructed or placed in the Easement
Area.
b. No commercial signs, billboards, or similar structures or devices or
advertising of any kind or nature may be located on or in the Easement
Area.
c. No extraction of surface or subsurface natural resources may be allowed
in the Easement Area.
d. No filling, dumping, excavating, draining, dredging, mining, removing,
exploring for or extracting minerals, loam, gravel, soil, rock, sand or other
material on or below the surface of the Easement Area, or granting or
authorizing surface entry for any of these purposes.
e. No altering the surface or general topography of the Easement Area,
including building roads, paving or otherwise covering the Easement Area
with concrete, asphalt, or any other impervious material.
f. No removing, destroying, o� cutting trees, shrubs or other vegetation,
except as required for: (i) fire protection, fire breaks and removal of fire
hazardous material; (ii) maintenance of existing foot trails or roads; (iii)
prevention or treatment of disease and similar protective measures; or (iv)
utility line clearance.
g. No use of motorized vehicles, including off-road vehicles, except as
needed for maintenance or construction within the Easement Area as
ailowed in this Agreement,
h. No planting, introduction or dispersal of non-native or exotic plant or
animal species.
i. No permitting a general right of access to the Easement Area except the
right of the public to access the existing trail located within the Easement
Area and along its West border.
3. None of the restrictions stated in Paragraph 2 shall be interpreted to prohibit
activities necessary for the installation. and subsequent maintenance of
drainage improvements or utilities on, under, or above the Easement Area,
provided that said installation shall be approved by the City with respect to
impacts to the Easement Area, such approval which shall not be
unreasonably withheld.
4. The Easement Area may not be subdivided for the purpose of development.
5. The grant of easement contained in this Agreement shall be effective when it
has been accepted by the City Council for the City and by resolution of the
County Board of Supervisors, and it shall remain in effect in perpetuity unless
abandoned or othenvise terminated by the County and the City or its
successors or assigns.
6. The City shall be solely responsible for the upkeep and maintenance of the
Easement Area, including but not limited to weed abatement, trimming of all
vegetation, removal of trash and debris, all trail maintenance, and monitoring
of illegal trespass activities.
7. The terms and conditions contained herein shall be binding on the Ciry and
County, and their heirs, successors and assigns.
City shall be responsible for any special assessments assessed to the
Subject Property as a result of this Agreement.
9. Other than as specified herein, this Agreement is not intended to impose any
legal or other responsibility on the City, or in any way affect any existing
obligation of the County as owner of the Subject Property, including the
Easement Area.
10. Nothing contained in this Agreement shall limit or affect any easements that
are of record and that have been heretofore granted by County on, over,
under, or across the Subject Property or any portion thereof.
11. Any time the Subject Property, or any portion thereof, including the Easement
Area, or any interest in either of them, is transferred by the County to any
third party, the County shall notify the City in writing at least 30 days prior to
such transfer, and the document of conveyance shall expressly incorporate
by reference this Agreement. Any document conveying a lease of the Subject
Property or of the Easement Area shall expressly incorporate by reference
this Agreement. Failure of the County to do so shall not impair the validity of
this Agreement or limit its enforceability in any way.
12. This Agreement may be amended only with the written consent of the County
and City. Any such amendment shall be consistent with the purposes of this
Agreement.
13. This AgreemenYshall be interpreted under the laws of California, resolving
any ambiguities and questions of the validity of specific provisions so as to
give maximum effect to its conservation purposes. References to authorities
in this Agreement shall be to the statute, rule, regulation, ordinance or other
legal provision that is in effect at the time this Agreement becomes effective.
14. No provision of this Agreement shall constitute governmental approval of any
improvements, construction or other activities which may be permitted under
this Agreement. The Easement created by this Agreement pursuant to Civil
Code Section 815.1 shall run with the land in perpetuity. Every provision of
this Agreement that applies to the County or City shall also apply to their
respective agents, heirs, executors, administrators, assigns, and all other
successors as their interests may appear. No merger of title, estate or
interest shall be deemed effected by any previous, contemporaneous, or
subsequent deed, grant, or assignment of an interest or estate in the Subject
Property, or any portion thereof, to City, or its successors or assigns, it being
the express intent of the parties that this Easement not be extinguished by, cr
merged into, or any other interest or estate in the Subject Property now or
hereafter held by City or its successors or assigns.
15. City shall defend, indemnify and hold harmless the County, its officers and
employees from any and all claims and demands, costs, expenses,
judgments, attorney fees or liabilities that may be asserted by any person or
entity that arise out of or in connection with the acts or omissions relating to
the performance of any ob�igation or duty required of the City under this
Agreement. The obligation to indemnify shall extend to all such claims and
losses, even when such claims or losses arise from the comparative
negligence of the County, its officers and employees. However, this
indemnity will not extend to any claims or losses arising out of the sole
negligence or willful misconduct of the County, its officers and employees.
16. Any notices to County and City required by this Agreement shall be in writing
and shall be personally delivered or sent by first class mail, to the following
addresses, unless a party has been notified by the other of a change of
address:
To County:
County General Services Agency
Attn: Real Property Manager
1087 Santa Rosa St.
San Luis Obispo, CA 93408
To City:
City Manager
City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93420
17. If any term, provision, covenant, or condition of this Agreement is held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the agreement shall remain in full force and effect and shall in
no way be affected, impaired, or invalidated.
18. City and County intend and consent to the recordation of this AgreemenC in
the office of the County Recorder of the County of San Luis Obispo, and such
recordation shall serve as constructive notice of the obligations contained
herein to be performed by the parties. `
19. As attested by the signature of its Mayor a�xed hereto, in exchange for
consideration, the City hereby accepts without res2r�aticn the rights ard
responsibilities conveyed by this Agreement.
/////////////NOTHING FURTHER BEYOND THIS POINT EXCEPT SIGNATURES/////////II
IN WITNESS WHEREOF, the parties hereto have executed this document on the
day and year first written above.
COUNTY OF SAN LUIS OBISPO: CITY OF ARROYO GRANDE:
By: By: ��
Chairperson of the Board of Supervisors Tony Fer ayor
Approved by the 8oard of Supervisors this
��day of Ma� 2010.
ATTEST:
� ,� .
,'���'��E L DEWALD
p ��� �i s � �� . �� .
p 'w ° •� � i'���� %�w
,� d . ,Clerk of the Boar� of Supervisors
; BY�3�
."'• ° �: � � Dei � y E21eAt
` �'`�P�ftO�D AS FORM AND LEGAL EfFECT:
WA'�R�N:R�1'�SEN
Count ounsel
8y:
nr�p✓
Aayi�f�ri County Counsel
Date: 7 ' � �' �
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ATTEST: _,; � _,..:.. , � .
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9 C �,��I�, i
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KellyWetmore,C yClerk � � r �
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APPROVEDASTOFORM: "' '
Tim tfiy 1. Carmel, City Attorney
Date: 5 S � _
APPROVED AS TO CONTENT:
Date: `� �3 � D
��
Steven Adams, City Manager
Date: ��/�
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss.
On Mav 25, 2010, before me, Sanclv Currens Deputy County Clerk-
Recorder, CounTy of San Luis Obispo, State of Califomia, personally appeazed Frank Mecham
,. who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capaciTy, and that by his/her signature on the instrument the person, or the entity upon of
which the person acted, executed the instrument.
I certify under Penalty of Perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
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(SFAT,) t Ei,�: �
JiJLIE L. RODEWALD, County Clerk-
Recorder and Ex-Officio Clerk of the
Boazd of Supervisors
By: � }n,v,�l,t ��'
Deputy C�nty Clerk-Recorder
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SCALE : 1 "=150'
PARCEL 3
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PARCEL 2
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LEGEND
■ -FD 6"X6" CONCRETE WITH BRASS
PIN CHC MONUMENT PER Ri & R2
• -FD 5/8" REBAR RCE 31581 PER R1
♦-FD 6 X6" CONCRETE WITH BR.4SS
PIN CHC MONUMENT PER R2
POC -POINT OF COMMENCEMENT
TPOB -TRUE POINT OF BEGINNING
R 1 -44/PM/96
R2 -21/PM/20
� j EXHIBIT A
a � PORTION PARCEL 2, 441PM196
� \ PORTION LOT C, '14/MB/73
TPOB _) CITY OF ARROYO GRANDE
' POC
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F 805 S�H291
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wA�uce cROUr
COUNTY OF SAN LUIS OBISPI
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CA
JOB #:231-970-060
DWG: EXHIBITA
DRA WN BY: MM
DATE :4/19/2010
SCALE : 1 "=150'
Exhibit "B"
LEGAL DESCRIPTION
CONSERVATION EASEMENT
File no: 0232.09010-00 (0060) April 20, 2010
Portion of Parcel 2 of Parcel Map AG-87-203 in the City of Arroyo Grande, County of San
Luis Obispo, State of Caiifornia according to the map filed in Book 44 of Parcel Maps at
Page 96 in the O�ce of the County Recorder of said San Luis Obispo County, and a portion
of Lot C of Tract No. 1390 in the City of Arroyo Grande, County of San Luis Obispo, State of
California according to the map filed in Book 14 of Maps at Page 73 in the Office of the
County Recorder of said San Luis Obispo County, said portions more particularly described
as follows:
Commencing at a found 6 inch by 6 inch concrete CHC monument marking an angle point in
the southerly boundary line of said Parcel Map also being on the northerly right of way line of
U.S. Highway 101 at the westerly lerminus of course labeled N. 69°55'40" W. 293.23' as
shown on said Parcel Map and bearing south 65°59'18" east 708.48 feet (L1), (N. 65°59'20"
W record per 44/PM/96), from a found 6 inch by 6 inch concrete CHC monument marking an
angle point in the said southerly line as shown on the map filed in Book 21 of Parcel Maps at
Page 20 in the O�ce of the County Recorder of said San Luis Obispo County;
Thence leaving said southerly line north 78°23'10" east 122.42 feet (L2), to a point on the
northerly right of way line of West Branch Street at the westerly terminus of course labeled
N. 76°32'S7" W. 483.71' as shown on first said Parcel Map and being marked by a 5!8 inch
rebar and cap RCE 31581;
Thence along said right of way line south 76°32'16" east 79.41 feet (L3), to the corner
common to said Parcel 2 and Parcel 3 of said Parcel Map, and being marked by a 5/8 inch
rebar and cap RCE 31581 and the True Point of Beginning;
Thence leaving said right of way line and along the common line of said Parcels 2 and 3
north 12°54'24" east 108.45 feet (L4);
Thence continuing along said common line north 16°59'19" west 14323 feet (LS);
Thence continuing along said common line north 23°43'01" eas4179.38 feet (L6);
Thence continuing along said common line north 10°47'46" east 230.99 feet (L7);
Thence continuing along said common line north 14°33'S1" east 238.98 feet (L8), to lhe
comer common to said Parcels 2 and 3 and also being on the southerly line of said Lot C;
Thence north 5°53'43" east 261.00 feet (L9), to a point in the southerly right of way line of
that 52 foot wide street shown as Oak Country Drive on the map of said Tract No. 1390 and
presently know as Rodeo Drive, said point being the beginning of a non-tangent curve
concave to the north having a radius of 726.00 feet and to which beginning a radial line
bears south 2°27'16" east;
Thence northeasterly along said right of way line 233.65 feet through a central angle of
18°26'24" (C1);
;�i
Thence leaving said right of way line souih 14°51'31" east 87.90 feet (L10);
Thence south 1°36'38" west 132.95 feet (L11);
Thence south 53°28'27" east 5t.28 feet (L12);
Thence norlh 48°46'06" east 243.44 feet (L13);
Thence north 64°27'46" east 56.09 feet (L14), to a point in the southwesterly right of way line
of that 52 foot wide street shown as Oak Ridge Drive on said map and presently know as
Mercedes Lane, said point being the beginning of a non-tangent curve concave to the
southwest having a radius of 274.00 feet and to which beginning a radial line bears north
64°28'Ot" east;
Thence southeasterly along said right of way line 51.09 feet through a central angle of
10°41'02" (C2), to the most northerly corner of the "A" Drainage Easement as shown on said
map;
Thence along the northwesterly line of said of said "A" Drainage Easement south 40°38'45"
west 89.26 feet (L15);
Thence continuing along said northwesterly line and the northwesterly line of the Tree
Preservation &"B" Drainage Easerrient as shown on said map soulh 59°O5'16" west 178.65
feet (L16);
Thence continuing along said northwesterly line of the Tree Preservation 8"B" Drainage
Easement south 51°14'33" west 203.61 feet (L17), to the most westerly corner of said
easement, also being a point in the northerly line of said Parcel 2;
Thence leaving said northerly tine south 14°33'51"west 239.06 feet (L18);
Thence south 10°47'46" west 230.99 feet (L19);
Thence south 23°43'01"west 179.38 feet (L20);
Thence south 16'S9'19" east 143.23 feet (L21);
Thence south 12°54'24" west 64.57 feet (L22), to a point in the said northerly right of way
line of West Branch Street;
Thence along said northerly right of way line north 76°32'16" west 211.35 feet (L23), to the
True Point of Beginning.
Containing 6.58 acres more or less.
The above-described parcel of land is graphically shown on Exhibit "A" and Tabulated on
Exhibit B continued attached hereto and made a part hereof. ��
End Description ��,� T.
G% ' ✓'� �/y/�/� � ��
�� � No. 6192
Joseph T. Morris P.L.S. 6192 dated: 4/19/2010 �, Exp. 3131/12
i�
TABULATION
LINE TABLE
LINE # LENGTH DIRECTION
L1 708.48' S65°59'18"E
L2 122.42' N78°23' 10"E
L3 79.41' S76 32' 16"E
L4 108.45' N12°54'24"E
L5 14323' N16° 59' 19"W
L6 179.38' N23°43'01"E
L7 230.99' N10°47'46"E
L8 238.98' N14°33'S1'E
L9 261.00' NS°53'43"E
L10 87.90' S14°51'31"E
L11 132.95' S1°36'38"W
L12 51.28' S53°28'27"E
L13 243.44' N48°46'O6'E
114 56.09' N64°27'46"E
L 15 89.26' S40° 38' 45"W
L16 178.65' S59°05'i6"W
L 17 203.61' S51 ° 14' 33"W
L18 239.06' S14°33'S1"W
L19 230.99' S10°47'46"W
L20 179.38' S23°43'O1"W
L21 143.23' S16°59'19"E
L22 84.�7' S12°54'24'W
L23 211.35' N76° 32' 16"W
612 CURION COURT
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CURVE TABLE
CURVE# LENGTH RADfUS DELTA
Cf 233.65' 726.00' 18°26'24"
C2 51.09' 274.00' 10°41'OZ"
EXHIBIT B CONT.
PORTION PARCEL 2, 44/PM/96 8.
PORTION LOT C� 14/MB/73
CITY OF ARROYO GRANDE
COUNTY OF SAN LUIS OBISPO. CA
JOB #:232-910-060
DWG: EXHIBIT B
DRA WN BY.• MM
DATE : 4/19/2010
B-3
Eh1fl OF DOCUMEldT