HomeMy WebLinkAbout2011-054235 � • � � JULIE RODEWALp ae
f,EGGFiGifVG FEQUESiED BY San Luis Obispo County—CIerWRecorder
Necordad at iha raquaet ol �0/28/2011
FIDELITY TITLE Fidelity Title Company Z.S� PM
RECORDING REQUESTED BY DOC�� 2011054235 Titles: 1 peQeB: 12
RETURN OEN RECORDED IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o�ne e o.00
City Clerk o.00
City of Artoyo Grande PA�� So.00
300 East Branch Street
Arro o Grande, CA 93420 FOR RECORDER'S USE ONLY
GRANT OF AGRICULTURAL BUFFER EASEMENT AGREEMENT
(NO RECORDING FEE — EXEMPT)
This Grant of Agricultural Buffer Easement Agreement ("AgreemenC) is entered into on
this 28 day of June, 2011, by and between the City of Arroyo Grande, a murncipal corporation
("Granto�') and Huasna Development Company, a California Limited Liability Company
("Grantee").
RECITALS
1. WHEREAS, Grantor inadveRently acquired an interest in the sixteen (16) foot
strip of land descnbed 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 CCBRs recorded on July 1, 2011 as Document No.
2011031246 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 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 budding permits in order to allow time for the plants to become established.
The CCBRs 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 agncultural
buffer landscaping.
(b) CCBRs 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 frve (5) years from the recording of the Subdivision Map to ensure the
screening is suKciently maintained
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4. WHEREAS, on June 28, 2011, Grantor and Grantee entered into an Agricultural
BuHer Easement and Maintenance Agreement attached hereto as Exhibit "C" whereby the
paRies 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 reqwring 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 Oblipations. 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 CCBRs applicable to the
common areas.
5. Successors and Assipns 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.
7. Attornev'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 Aqreement. This Agreement constitutes the entire agreement between
Grantor and Grantee with respect to the Easement Any prior agreements, promises,
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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. Governinp 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 tned and litigated in
the Superior CouR located in the County of San Luis Obispo, State of California.
10 Severabilitv. If any term or provision of this Agreement is detertnined to be
dlegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable,
or invalid provision or part thereof shall be stncken 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. Counteroarts. 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]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
date first set forth hereinabove.
City of Ar oyo G de 8�asn�loprren ompany
6'
TO F RA, Mayor
ATTEST: Its: /�r.nanel`
.� i� .
, �
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� �.�?KEL�tY� �ET RE, City Clerk
• � ,
. �'�lY � � {�� �
i••.., . APPROVEO AS TO FORM:
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TIM HY J C L, City Attorney
a
State of California )
County of_5!1„GuJ4 �/�A)
On /o � / 2011 b fore�me(,, �O /J�Notary Public, personally
appeared i'Lir� �I'2/cT! who proved to me on the basis of satisfactory
evidence to be the person(e)'whose name(ej islare subscribed to the within instrument and
acknowledged to me that heleHelM�ey executed the same in hisl�ie�/H�eir authorized capacities
and that his/i�er�ll�eir signature(ej on the instrument the person(s� or the entity upon behalf of
which the person(e}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.
i irn Nonroe
Signature ��'1 (SEAL) ��u�n � +s2�92i
NWry qlElle•C��IMmU
8m tbb OeuDO aoiDnD
AAu
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E\HIBIT "A"
LGCAL DESCRIPTION
l�hal portion of Lot 90 of thc Ranchos Corral de Piedra. Pismo and 13olsa de Chemisal, in
the Ciry of Arroyo Grande. County ol'San Luis Obispo. Staie of Calilornia, according io
the map made by James 1�. Slrat�on, in Scptcmbcr. 1873 and recorded in Book A, page 65
of Maps in the office of the County Recorder of said Counry, more particularly described
as follo�vs:
The north westerly 16.00 feet of Lot 90 from the westerly corner of Lot 9Q
582 69 feet to the easterly corner of Lol 35 of lhe Resubdivision of a part of ihe
Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, as surveyed by R.R
Harris. November I885 and recorded in Book A, page 63 of Maps, records of said
County. Except thereGom that portion �hereof com�eyed to the County of San
Luis Obispo for road purposes by Deed daied July 12. 191 I recorded in [3ook 88,
page 485 of Deeds, records of said Counly.
The above described properiy is shown on E�hibit "B" attached hereto and incorporated .
herein by reference:
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EXHIB IT " B "
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CHERRY AVE.
16.00'
21 �, p CORNER OF LOT 89 �\C�
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ABOVE S�A`£� '- - '°°�
G RAD E PL A T ✓OB NUMBfR: 10018
OF A PORTION OF LOT 90 OF THE BY� y�
RANCHOS CORRAL DE P/fORA, PISMO DATE.• JUNE 22. 201!
E N G I N E E R I N G ND BOLSA DE CHEMISAL, IN THE CITY
OF ARROYO GRANDE,
i aat e�d se..�,so�Wi.oa G 93401 COUN rY OF SAN L UlS OB/SPO
vho�.:lsosl saasns•F�:le�s(saosna
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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
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 Agricultural Buffer Easement and Maintenance Agreement ("AgreemenY') 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 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 m 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 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
su�ciently maintained. At a minimum, the CC8�Rs 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 Ciry 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 e�ension; 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 poRions 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 stnp 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 withm
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 CCBRs 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 receroe 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 Grande Huasna Development Company
TONY FERRARA, Mayor By: Brent Pruett
Its: Manager
ATTEST:
KELLY WETMORE, City Clerk
APPROVED AS TO FORM:
TIMOTHY J CARMEL, City Attorney
EXHIBIT •'A"
LEGAL DESCRIPTION
That portion of Lot 90 of the Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, in
the Ciry of Arroyo Grande, County of San Luis Obispo, State of Califorma, according to
the map made by James T. Slratton, in September, 1873 and recorded in Book A, page 65
of Maps in the office of the Counry Recorder of said County, more particularly described
as follows
The nonh westerly 16 00 feet of Lot 90 from the weslerly corner of Lot 90,
582 69 feet to the easterly corner of Lol 35 of the Resubdivision of a part of the
Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal, as surveyed by R.R
Harns. November 1885 and recorded in Book A. page 63 of Maps, records of said
Counly. Except therefrom thai portion thereof com�eyed to lhe County of San
Luis Obispo for road purposes by Deed dated July 12, 191 I recorded in Book 88.
page 485 of Deeds, records of said County.
The above described property is shown on E�hibit "B" attached hereto and incorporated
herein by reference.
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G RAD E P�A r �K1B NUMBfR.• 1001B
OF A POR7ION OF LOT 90 OF THE BY H�
RANCHOS CORRAL DE PIEDRA, PlSMO �ATE.• JUNf 11. 2011
E N G I N E E R I N G AND BOLSA DE CHEM/SAL, lN THE CITY
1304 Brood Skeel,so�m��ob�yo CA 43401 OF ARROYO GRANDE,
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