HomeMy WebLinkAbout2011-031929 JULIE RODEWALD NB
San Luis Obispo County — Clerk/Recorder 7/0612011
Recorded at the request of 12:42 PM
Public
RECORDING REQUESTED BY HOC #: 2011031929 Titles: 1 Pages: 14 0.00
AND RETURN WHEN N RECORDED 1111111111111111111 111 Others $0
0.00
00
City Clerk PAID
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420 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)
GRANT OF AGRICULTURAL BUFFER EASEMENT AGREEMENT
(NO RECORDING FEE -- EXEMPT)
This Grant of Agricultural Buffer Easement Agreement ( "Agreement ") is entered into on
this 30 day of June, 2011, by and between the City of Arroyo Grande, a municipal corporation
( "Grantor ") and Huasna Development Company, a California Limited Liability Company
( "Grantee ").
RECITALS
1. WHEREAS, Grantor inadvertently acquired an interest in the sixteen (16) foot
strip of land described in Exhibit "A" and depicted in Exhibit "B" attached hereto and
incorporated herein ( "Property'); and
2. WHEREAS, the Property is identified in Vesting Tentative Tract Map No. 2653
and Planned Unit Development No. 04 -002 ( "Tract 2653 ") as a part of an agricultural buffer; and
3. WHEREAS, the revised Conditions of Approval for Tract 2653 adopted by the
City Council on October 13, 2009 and the CC &Rs recorded on 42"°31 24C" 11 /2011
include the following provisions related to the agricultural buffer: /
(a) Conditions of Approval 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
(b) CC &Rs Section 7.1(a). The purpose of the creation of the Common Area
is to maintain the open space lots and the improvements thereof. The Association shall
maintain the Common Area in accordance with all of the following maintenance obligations ...
(ii) maintenance and repair of the agricultural buffer landscaping and annual inspection thereof
for a minimum of five (5) years from the recording of the Subdivision Map to ensure the
screening is sufficiently maintained.
4. WHEREAS, on June 28, 2011, Grantor and Grantee entered into an Agricultural
Buffer Easement and Maintenance Agreement attached hereto as Exhibit "C" whereby the
parties agreed that subsequent to Grantor's acceptance of the dedication of the East Cherry
Extension, Grantor would grant and Grantee would accept an easement over, under, in and
upon the Property requiring grantee to install and maintain the agricultural buffer in accordance
with the Conditions of Approval and the CC &Rs; and
5. WHEREAS, the purpose of this Agreement is to satisfy the conditions outlined in
the Agricultural Buffer Easement and Maintenance Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and promises contained herein,
the parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
2. Grant of Easement. Grantor hereby grants to Grantee and Grantee hereby
accepts a perpetual easement over, under, in and upon the Property (the "Easement ") pursuant
to the terms and conditions set forth herein.
3. Use. Grantee shall use the Easement exclusively to install and maintain the
agricultural buffer in accordance with the Conditions of Approval and CC &Rs.
4. Maintenance Obligations. Grantee shall be solely responsible for all installations
and maintenance required by the Conditions of Approval and CC &Rs and any other installations
and maintenance as determined necessary by Grantor. The Property shall be characterized as
"Common Area" and Grantee and its successors shall abide by all CC &Rs applicable to the
common areas.
5. Successors and Assigns. All of the provisions, agreements, rights, covenants
and obligations in this Agreement shall be binding upon and shall burden and inure to the
benefit of the parties hereto, their respective heirs, successors and assigns.
6. Indemnification. Grantee agrees to indemnify and defend Grantor, its agents,
representatives, heirs, successors and assigns, against any and all claims, actions, or
demands, costs or expense, including reasonable attorney's fees, arising out of or in any way
connected to any activities of Grantee, its agents, representatives, heirs, successor, assigns or
invitees arising out of their use of the Easement.
2
7. Attorney's Fees. If any legal action or proceeding arising out of or relating to this
Agreement is brought by either party to this Agreement, the prevailing party will be entitled to
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.
8. Entire Agreement. This Agreement constitutes the entire agreement between
Grantor and Grantee with respect to the Easement. Any prior agreements, promises,
negotiations or representations not expressly set forth in this Agreement are of no force and
effect unless they are in writing and signed by Grantor and Grantee or their respective
successors and assigns. This Agreement will be effective upon the date it is recorded.
9. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with, and governed by, the laws of the State of California. The parties hereto agree
that all actions or proceedings in connection with this Agreement shall be tried and litigated in
the Superior Court located in the County of San Luis Obispo, State of California.
10. Severability. If any term or provision of this Agreement is determined to be
illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable,
or invalid provision or part thereof shall be stricken from this Agreement, and such provision
shall not affect the legality, enforceability, or validity of the remainder of the Agreement. If any
provision or part thereof of this Agreement is stricken in accordance with the provisions of this
section, then such stricken provision shall be replaced, to the extent possible, with a legal,
enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally
possible.
11. Counterparts. This Agreement may be executed in two or more counterparts,
each of which will be deemed an original, but all of which together will constitute one and the
same instrument.
[SIGNATURES ON NEXT PAGE]
3
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first set forth hereinabove.
City of Arroyo Grand Huasna Development Co any
By: ar4 A
TONY F RA, Mayor Its: A+ta.gtt
ATTEST:
01
i. - ` NCC KEL (bRE, City Clerk
.�� EL ��
1 V 1) i0. ' 3 \ * t
4. ', c ,, i , AP)rR VID AS TO FORM:
TIM THY J. CARMEL, City Attorney
4
State of California )
County of San
n 1-(415 r s4o )
Lint On ■ 30 , 2011 before me, k11.1.1 wE Duat Notary Public, personally
appeared f tFN7 R • PAuelT who proved to me on the basis of satisfactory
evidence to be the person(5) whose name(e3 is /are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his /kw/their authorized capacities
and that his /kef/their signature* on the instrument the personfe) or the entity upon behalf of
which the person(s) 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. KELL WE7AAORE
" � Commbsi on N 1037570
' N otary Public - California
., _. San Luis Obispo County
Signature (SEAL) r
M Comm. Fab 21, 2 13
5
•
EIHD3TT "A"
LEGAL DESCRIPTION
That portion of Lot 90 of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in to
the City of Arroyo Grande, County of San Luis Obispo, State of California, accord o5
the map made by James T. Stratton, in September, 1873 and recorded in Book A, page
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 RR.
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.
‘..AND SG .
424 O 9 0DAL F � 4 14
LIC. D. 7065
i 0 p. 12/2012 \Q
- 1/ O Q� ,
FDF CPAY
6/22/11
•
EXHIBIT "B"
la 4
U
4
J
a
w 5_) LOT 3E3 Jr 37 Jr 30 IJrr3J
i
r
' cc)
z C_) 7 0
7 Et \
Co
9 i,
8 0
— 582.69' 1
EAST ///////////////// / / / / / / / //
CHERRY AVE.
16.00'
i 21 1 O & CORNER OF
LOT �C 0c) i 6S ftc) CC 4 J
: \\....
0 40' PER 88
Z DEEDS 485
19
m
GRAPHIC SCALE N
100 0 50 100 200
1 inch = 100 feet /
N: \ 2010\ 70018— CherryCreek \Survey \Drawings \Exhibft8.dwg, Layoutl, Jun 22, 2077 2:03pm, harry
ABOVE SCALE.• = 100'
JOB PL A r SCALE
NUMBER. 10018
GRADE OF A PORTION OF LOT 90 OF IHE BY: 1113r1
RANCHOS CORRAL DE PIEDRA, PISMD DAIS• JUNE 22. 2011
ENGINEERING AND 801.5,4
OF DE ARROYO CHEMISAL, IN
GRANDE, THE CITY
1304 Broad Simi, Son lids Obispo CA 93401 COUNTY OF SAN LUIS OBISPO
phone:1805) 540-5115 • (mc18 (5405116
ACSIS.C�•S MOMS
EXHIBIT C
RECORDING REQUESTED
BY AND WHEN
RECORDED RETURN TO:
City of Arroyo Grande
Attn: City Clerk
300 East Branch Street
Arroyo Grande, CA 93421 FOR RECORDER'S USE ONLY
APN 007 - 565 -004 (ptn)
APN 007 -522 -008 (ptn)
APN 007 -571 -001 (ptn)
APN 007 - 565 -005 (ptn)
APN 007 - 711 -004 (ptn)
APN 007 - 711 -008 (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
attomey'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
By: 4.for
TONY 4 /.44
FE , Mayor Its: /Kaile C.e
ATTEST: U
KELLY + ET •RE, City Clerk
APPROVED AS TO FORM:
C
MOTHY J. CARMEL, City Attorney
4
•
EX8 B1T "A"
LEGAL DESCRIPTION
t. 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 corner of Lot 90,
582.69 feet to the easterly comer 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.
.. O �.A N.O SL
c, pS1DAC 'py
/j� E� F � .c
fit 6
* c 706 65 5 02012 1r
Op c NO
6/22/11
it
EXHIBIT "B"
w 4
0
4
J
a
x \ 5 7� L c O r O C:
v LOT se " rb
7 CO
NI
CO
9 8 1
-
— 582.69
EAST ///////////////// / / / / / / / / / / / / / / /
CHERRY AVE.
16.00'
21 i p CORNER OF LOT 89 0c)
1 ,t, Ij m &90(AMB65) c .-,3, - 5
/ x \\..\- )�
U 40' PER 88
DE
Z DEEDS 485
19 e
M
GRAPHIC SCALE
100 0 50 100 200
1 inch = 100 feet /
N. \2010 \10018— CherryCreek \Survey \Drawings \ExhibitB.dwg, Loyout7, Jun 22, 2017 2:03pm, harry
ABOVE PLAT SCALE. = 100'
JOB NUMBER. 10018
GRADE OF A PORTION OF LOT 90 OF THE BY• HWH
RANCHOS CORRAL DE PIEDRA, PISMO DATE: JUNE 22 2011
ENGINEERING AND BOLSO DE RROYO CHEMISAL, IN , THE CITY
1304 Brad Skeet, San Luis Obispo, CA 93401 COUNTY OF SAN LUIS OBISPO
p4wm:)805) 540-5115 • fwc1805) 540 -5116
AfiWCoi■i..urIm,E• 256
State of California c )
County of a.iLµ► S(O(OtSPo )
On J V n-e 0 , 2011 before me, W E T oR , Notary Public,
personally appeared RENT ?R VET- 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
his /lug/their authorized capacities and that his/M.6449k signature(-) on the instrument
the person($ or the entity upon behalf of which the person(a) 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 s 1837570
^ '' �//�},/'� o cii Notary Public • California
Ue at `1� ($EP` )` SRI San Luia Obispo County
Signature ` M Comm. E, iris Feb 21 2013
5
END OF DOCUMENT