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Home My WebLink About2011-054236 RECOfiDING RE�UESTED BY °FIDELITY TITLE AB JULIE RODEWALD �mzeizo�i San Luis Obispo Counry—ClerklRecorder 2:51 PM RECORDING pa�oro,e ai mB�aa�ee�o� REQUESTED BY AND Fidelity Title Company WHEN RECORDED ooca : 2011054236 Tiues: t Pepes: 6 RETURN TO: Fees o.00 Att C� Clerk rande IIIIIIII�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII taties o.00 omers o.00 PA�p 50.00 300 East Branch Street Arroyo Grande, CA 93421 APNs: 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 Agncultural Buffer Easement and Maintenance Agreement ("AgreemenP') is entered into on this 28 day of June, 2011, by and between Huasna Development Company, a California Limited Liabihty 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 propertyinto 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. 4255 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 mitigation 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 sub�ect 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 m 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 CCBRs shall include provisions for a five year monitoring plan for the agricultural buffer landscaping. 4. WHEREAS, in order to satisfy Condition No 128, HDC obtained quitclaims 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 descnption 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. 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 proceedings arise out of or related to this Agreement is brought by either party to this Agreement, the prevailing party shall 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. City of Arroyo Gran e Huasna Development Company �� TONY F RA, Mayor By: Brent Pruett Its: Manager ;�; ATTyES•T,: � • �� %,� _:;``�p{l P 0, , , , �_ /Z�— • K�LLY CNET RE, City Clerk ' J \ 1 �-' ' � G� r APP�OVED AS TO FORM: ��''•.. :`p . ' C <"r•F•U•r,,`\ TI HY J. EL, Ciry Attorney EX111131T ••A„ LGGAL DESCRIPTION "I'hal porlion of I_ot 90 of the Ranchos Corral de Picdra. Pismo and f3olsa de Chcnnsal, m the City of An•oyo Grande. County ol'San Luis Obispo. State of California, according to the map made by James'1'. Stralton, in Scptember. 1873 and recordcd in Dook A, page 65 of Maps in the office of the County Recorder of said Counry, more particularly described as follows: The north ti�es�erly 16.00 leet of Lot 90 Irom the wes�erly corner of Lot 90, 582.69 feet to the easterly comer of Lol 35 of the Resubdi��ision of a pan of the Ranchos Corral de Piedra. Pismo and Bolsa de Chemisal. as surveyed by R.R. Harris. November I 885 and recorded in Book A, page 63 of Maps, records of said Counry. Except therefrom tha� portion thereof conveyed to the Coumy of San Luis Obispo for road purposes by Decd dated July 12. 191 1 recorded in Dook 88. page 485 of Deeds. records ol'said Coump. "I�he abo��e described property is sho«�n on Exhibit "B° auached hcrcto and incorporaled herem by reference. LAND S 2y��pMDA( �G9` ! �< 0 * LIC. N0. 7065 * ,r� p. 12/2012 \� y,,� �F C AL�F��,2 6/22/I 1 � � � EXHIBIT " B " U 4 Q J d � 5 �� W ��- ��-r �� -r �r ��-r �� -r �� ,� � � , r i �� 6 � c�� S , Z�- . �� <> i1 1 �� 7 � \ �I � g $ � SB2.69' � EAST CHERRY AVE. 16.00' 2� �,` p CORNER OF L 0 r 89 ��c� .� � � & 90 (A MB 65) � � � '``�`PV� J �f \�`, r�� '� 20 � � � � r = 40' PfR 88 Z DEEDS 485 19 a oc m GRAPHIC SCALE � ,00 o so �oo xoo 1 inch = 100 feel / \ N \7010\1001B-CherryCreek\Survey\Drow�ngs\£xh�b�IBdwg, Loyvuli, Jun 72. 2011 10Jpm, harry ABOVE S�A�f� ,• _ ��- PL A T ✓OB NUMBfR.• 10018 GRADE OF A PORAON OF LOT 90 OF THE BY.• HWH RANCHOS CORRAL DE P/EDRA, PISMO DA7E.• ✓UNf 27. 2011 E N G I N E E R I N G AND BOLSA DE CHEMISAL, lN rHE CITY OF ARROYO GRANDE, �3m e�ood sme.r,so�Wi�ow u vsaot COUNTY OF SAN LUIS OBISPO a�•:leosl saasns•1�le�.s(saosne �urt�••rrw�cr , . , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT L1�(�f�wl!f/��L`N��M•IM��V1V4"V�.�/V!/��CP�s(� - ]�AN1fnlM�-NtI�MN]1V�NNleI� �]!(�NNNI�n�JI!(�,(�( Slate oi Califomia l ) Counry ot �an �i5 O61S00 � On / before me, /�/Y"�[f / /D!/TOI'li . �D�r�f f 44�/C po�o Q Hmo buorl Nomo eM TIIIB a Orocm personally appeared Ll ✓Gn� �I'N� Nortm�s�o Fupmr(s) who proved to me on Ihe basis of satisfactory evidence to be the person(a�J whose name(y'( is/ere-subscribed to the wdhin inslrument and acknowledged to me ihat he/she/they executed lhe same in hisAaeFkNeir authorized capacity(ies}, and that by hisA�erkheir signature(e}�on the instrument the person{e�, or the entity upon behalf ol which the person{e�acted, executed the instrument. cIrnNORTON I certify under PENALTY OF PERJURY under the laws �� 182�� ol the State of California that Ihe foregoing paragraph is �p�.�� true and correct. 8�n lub OOltpo Catlhlr � WITNESS my hand and official seal. Signature � Plo[e NOtory Seal�GwO Siprutwa W Notpry Pudc OPTIONAL Though(he inlormahon below is nol reqwred by law, rt may prove valuable lo persons relying on Ihe documenf end could p�event lrautlulent removel end.eattachment ol fhis form ro enofher documenf Deseription of Attached Document Title or Type ol Document. Document Date: N er ol Pages: Signer(s) Other Than Nemed Abova• Capacity(les) Claimed by Signer(s) Signers Name Signer's Name: ❑ Indrvidual ❑ Individual ❑ Carporate Oflicer—Title(s): ❑Corporate Oflicer—Title(s) ❑ Pariner—O Limited ❑ eral ❑ Partner—O �imited ❑ General ❑ Anorney in Facl • �' ❑Atlorney in Facl • ' �op ol Ihumb hero TOp 01 Ihumb naro ❑ Trustee ❑Trustee ❑ Guardian or servator ❑Guardian or Conservator ❑ Other. ❑Other Signe Represenling: Signer Is Representing• O�Q1Nd�P�a�N0�07A1��•B]SODOSObAW.POBU20Pl•CMlswOrNCABIJl12402•xwwNUllpnplNON7wB nom�59P7 RawEOrCoATO6Froo��B06B�&G921 QVD OF DOCUMENT