The URL can be used to link to this page

Home My WebLink About2011-031928 JULIE RODEWALD "B San Luis Obispo County — Clerk/Recorder 710012011 Recorded at the request of 12:42 PM Public RECORDING REQUESTED Doc # : 2011031928 Titles: 1 Pages: 7 BY AND WHEN Fees Taxes 0.00 RECORDED RETURN TO: I Others 0.00 0.00 City of Arroyo Grande PAID S0.00 Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93421 FOR RECORDER'S USE ONLY 007 - 711 -004 (ptn) 007 - 711 -008 (ptn) 007 -565 -004 (ptn) 007-522-008 (ptn) 007 - 571 -001 (ptn) 007-565-005 (ptn) AGRICULTURAL BUFFER EASEMENT AND MAINTENANCE AGREEMENT (NO RECORDING FEE -- EXEMPT) This Agricultural Buffer Easement and Maintenance Agreement ( "Agreement ") is entered into on this 28 day of June, 2011, by and between Huasna Development Company, a California Limited Liability Company ( "HDC ") and the City of Arroyo Grande, a municipal corporation ("City"). RECITALS 1. WHEREAS, on November 28, 2006, the City Council approved Vesting Tentative Tract Map No. 2653 and Planned Unit Development 04 -002 ( "Tract 2653 ") to subdivide a nine (9) acre property into twenty eight (28) single family residential lots, four (4) open space lots and one (1) drainage lot; and 2. WHEREAS, on October 13, 2009, the City Council adopted Resolution No. 4225 in which it adopted revised Conditions of Approval for Vesting Tentative Tract Map No. 2653; and 3. WHEREAS, said Conditions of Approval include the following conditions and mitigations measures: (a) Condition No. 128. The Applicant shall dedicate the appropriate right of way for the extension of East Cherry Avenue as shown on the tentative map. (b) Mitigation Measure No. 2.2. The final landscape plan for the agricultural buffer shall be prepared by a landscape professional having experience with designing agricultural buffers and shall be subject to the approval of the Community Development Director. The plant selection shall provide effective and appropriate screening with fast growing evergreen trees and shrubs. The vegetative screening shall be installed prior to issuance of any building permits in order to allow time for the plants to become established. The CC &Rs shall contain assurances that the screening is sufficiently maintained. At a minimum, the CC &Rs shall include provisions for a five -year monitoring plan for the agricultural buffer landscaping. 1 4. WHEREAS, in order to satisfy Condition No. 128, HDC obtained quitclaim deeds in favor of the City from all property owners having an interest in the portion of East Cherry Avenue to be improved and dedicated to the City pursuant to the tentative map; and 5. WHEREAS, the extension of East Cherry Avenue as depicted on Tract 2653 deviates slightly from the description of the dirt roadway described in the quitclaim deeds due to the curvature of the extension; and 6. WHEREAS, East Cherry Avenue is adjacent to the agricultural buffer referred to in Mitigation Measure No. 2.2; and 7. WHEREAS, when the City accepts the East Cherry Avenue extension, it will inadvertently acquire an interest in certain portions of the agricultural buffer due to the alignment of the extension; and 8. WHEREAS, the parties intend by this Agreement to remedy all potential consequences of the City's unintended acquisition of portions of the agricultural buffer. AGREEMENT NOW, THEREFORE, in consideration of the covenants and promises contained herein, the parties agree as follows: 1. The City will accept the dedication of the extension of East Cherry Avenue subject to the following conditions: (a) Grant of Easement. Subsequent to acceptance of the dedication, the City will grant to HDC, and HDC will accept, an agricultural buffer installation and maintenance easement in the sixteen (16) foot strip of land (the "Hiatus Parcel ") described in Exhibit "A" and depicted in Exhibit "B" attached hereto and incorporated herein by this reference that was a consequence of the above described alignment. (b) Maintenance Obligations. The Hiatus Parcel is located within the agricultural buffer and HCD and its successors shall be responsible for all maintenance obligations associated with the Hiatus Parcel, including, but not limited to, the obligations imposed by Mitigation Measure 2.2. (c) Common Area. The Hiatus Parcel shall be characterized as "Common Area" and HCD and its successors shall abide by all CC &Rs applicable to common areas, including, but not limited to, the maintenance provision requiring the Homeowner's Association to maintain and repair the agricultural buffer landscaping, including an annual inspection thereof for a minimum of five (5) years. 2. Binding on Successors in Interest. All provisions of this Agreement shall be binding on the parties hereto and their heirs, assigns and successors in interest. 3. Attorney's Fees. If any legal proceeding arising out of or related to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to 2 receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the prevailing party. SIGNATURES TO FOLLOW ON NEXT PAGE 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of Arroyo Grande Huasna Development Co pany B TONY FE , Mayor Its: /hp11G `JJ ( ?TEST: V ILLY ^ ET •RE, City Clerk • / APPROVED AS TO FORM: ?wog Y J. CARMEL, City Attorney 4 EDIT "A" LEGAL DESCRIPTION That portion of Lot 90 of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map made by James T. Stratton, in September, 1873 and recorded in Book A, page 65 of Maps in the office of the County Recorder of said County, more particularly described as follows: The north westerly 16.00 feet of Lot 90 from the westerly comer of Lot 90, 582.69 feet to the easterly corner of Lot 35 of the Resubdivision of a part of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, as surveyed by R.R. Harris, November 1885 and recorded in Book A, page 63 of Maps, records of said County. Except therefrom that portion thereof conveyed to the County of San Luis Obispo for road purposes by Deed dated July 12, 1911 recorded in Book 88, page 485 of Deeds, records of said County. The above described property is shown on Exhibit `B" attached hereto and incorporated herein by reference. ., LA S 249 :10AL ND „pi_ [� 1 /C' I l/1 'O * LIC. O. 7065 ,r p. 12/2012 \Q -11 •6.- O F c p,,V � 6/22/11 EXHIBIT "B Ill 4 0 Q J a 4 5 CD (' r �' LOT r� J III � LOT LOT 37 LOT i� r- z C> 6 < �, c) 7 c 7 Et \ \� co t-, 9 8 1 - 582.69' EAST ///////////////// / / ///// / / ////// / // CHERRY AVE. 16.00' 21 e ` p CORNER OF LOT 89 c�O ^P 6 S m &90(AMB65) O l� : \-\\--__ 40' PER 88 Z DEEDS 485 / 19 ¢ m i i GRAPHIC SCALE ■ h zo 100 0 50 100 o Il / 1 inch = 100 feet N. \ 2010\ 10018- 0herryCreek \Survey \Drawings \ExhibitS.dwg, Layoutl, Jun 22, 2017 2 03pm, harry ABOVE SCALE 1" = 100' PLAT JOB NUMBER: 10018 GRADE OF A PORTION OF LOT 90 OF THE BY NW RANCHOS CORRAL DE PIEDRA, PISMO DATE JUNE 22, 2011 ENGINEERING AND BOL A DE HE IGRANDE,THE CITY p ansl1 061- 5115.1= o 18 051 5 4 0 9st 3401 COUNTY OF SAN LUIS OB /SP0 saiii.iss CoepoeSa • Erl�iisWE /ffiY State of California ) County of oo..l.ui 5t(0ZSf+o ) On 3 V At, 0 , 2011 before me, r" - 6TW^-CRC , Notary Public, personally appeared B ReNTt.PRR Ur who proved to me on the basis of satisfactory evidence to be the person(*) whose name(*) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in hisThe#their authorized capacities and that his /her/their signature(*) on the instrument the person($ or the entity upon behalf of which the person(*) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing paragraph is true and correct. WITNESS my hand and official seal. KELLY WETMORE '�!?�- Commission • 1877570 Signature 'W t F - (SEA ) y+f : � �D2i 5 END OF DOCUMENT