R 4677 ■
•
RESOLUTION NO. 4677
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING AN OPEN SPACE
EASEMENT; LOCATED AT THE HEIGHTS OF VISTA DEL
MAR (LOT 24 AND PORTIONS OF LOTS 3, 4, 5, 6, 7, 8, 9,
AND 10)
WHEREAS, the preservation of the land as open space is consistent with the General
Plan of the City; and
WHEREAS, the preservation of the land as open space is in the best interest of the City
and is important to the public for the enjoyment of scenic beauty; and
WHEREAS, the land is essentially unimproved and if retained in its natural state has
scenic value to the public; and
WHEREAS, it is in the public interest that the land be retained as open space because
such land will help preserve the rural character of the area.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby approve the Open Space Easement Agreement as set forth in
"Exhibit A" attached hereto granting an Open Space Easement to the City of Arroyo
Grande, on Lot 24 and portions of Lots 3, 4, 5, 6, 7, 8, 9 and 10, Tract 3048, and
authorizes the Mayor to execute the Agreement.
On motion of Council Member Barneich, seconded by Council Member Harmon, and on
the following roll call vote, to wit:
AYES: Council-Members Barneich, Harmon, Guthrie, Brown, Mayor Hill
NOES: None
ABSENT: None .
the foregoing Resolution was passed and adopted this 28th day of July 2015.
RESOLUTION NO. 4/6 7 7
PAGE 2
JIM ILL, MAYOR
TTEST:
Lie
KELLY ET B RE, CITY CLERK
RO '• TENT:
`
4
OBERT MCF LL, TERM/ MANAGER
APPROVED AS TO FORM:
HEATHER WHITHAM, CITY ATTORNEY
RECORDING REQUESTED BY:
City of Arroyo Grande
AND WHEN RECORDED MAIL TO:
City Clerk
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, Ca 93420
APN: 075-021-026 and 075-021-042
OPEN-SPACE AGREEMENT GRANTING AN OPEN-SPACE EASEMENT
TO THE CITY OF ARROYO GRANDE
Remainder Parcel of Tract 2207
CITY OF ARROYO GRANDE, CALIFORNIA
THIS AGREEMENT("Agreement")is made on , 2015,by and between
THE HEIGHTS AT VISTA DEL MAR GROUP, LLC, a California limited liability company,
hereinafter referred to as "Owner," and the CITY OF ARROYO GRANDE, a municipal
corporation,hereinafter referred to as "City."-
Owner is the record owner of certain real property (hereinafter referred to as the
"Owner's Property") located in the City of Arroyo Grande, County of San Luis Obispo, State of
California, which includes a portion to which this Agreement applies, namely, the Remainder of
Parcel of Tract 2207, defined by meets and bounds description and depiction on Exhibit A,
attached hereto ("Open Space Easement Area").
As a condition precedent to the approval of a final subdivision map identified as Tract
3048 by the City ("Final Map"), the Owner is required to enter into an agreement with the City,
- on behalf of the Owner and its successors in interest, whereby the Owner grants an open-space
1
easement to the City for the benefit of the public, including for the benefit of the lots being
created in upon subdivision through Tract 3048.
Owner intends that the restrictions contained in this Agreement shall apply only to that
portion of Tract 3048, described in Exhibit A, as the Open Space Easement Area.
Execution of this Agreement by Owner and City, and the subsequent performance by
Owner and its successors in interest, shall satisfy the requirement for dedication of an open-space
easement made a condition of approval of Tentative Tract Map 3048.
The City has determined that the Open Space Easement Area has certain natural scenic
beauty, including native trees, and existing openness, and both Owner and City desire to preserve
and conserve for the public benefit the great natural scenic beauty, including native trees, and
existing openness,natural condition and present state of use of the Open Space Easement Area.
Owner is willing to grant to the City an easement for the scenic use, as hereinafter
expressed, of the Open Space Easement Area of Owner's Property, to protect the present scenic
beauty, including native trees, and existing openness of the Open Space Easement Area by
restricting the use of the Open Space Easement Area by Owner and its successors and assigns
through the imposition of the conditions hereinafter expressed.
Both Owner and City intend that the terms, conditions, and restrictions of the open-space
easement granted in this Agreement are in compliance with Government Code Sections 51070
through 51097, inclusive, hereinafter referred to as the "Open-Space Easement Act of 1974," so
as to be an enforceable restriction under the provisions of the California Revenue and Taxation
Code Section 422.
2
Owner has supplied City with a current title company preliminary title report or
preliminary subdivision guarantee listing all trust deed beneficiaries and mortgagees, if any,
under prior recorded deeds of trust and mortgagees on Owner's Property.
NOW THEREFORE, in consideration of the foregoing recitals and in compliance with
the provisions of the Open-Space Easement Act of 1974, and in further consideration of the
mutual promises, covenants and conditions herein contained and the substantial public benefits
to be derived therefrom,the parties hereto agree as follows:
1. Grant of Open-Space Easement. Owner hereby grants to City, for the term
specified in Section 8 below, an open-space easement over the Open Space Easement Area of the
Owner's Property. The open-space easement granted herein conveys to the City an estate and
interest in real property of the nature and character specified in the Open Space Easement Act of
1974, which is subject to the express conditions and restrictions imposed herein upon the use of
the Open Space Easement Area by Owner and its assigns. Accordingly, Owner covenants on
behalf of itself, its successors and assigns, with the City, its successors and assigns, to do and
refrain from doing, severally and collectively, upon Open Space Easement Area, the various acts
hereinafter agreed.
2. Restrictions on Use of the Open Space Easement Area. The restrictions imposed
upon the use of the Open Space Easement Area on the Owner and its successors in interest and
the acts which Owner and its successors in interest shall refrain from doing, and permit to be
done,upon the Open Space Easement Area are as follows:
(a) No buildings, structures, grading, filling, or other improvements shall be
placed, constructed, or erected upon the Subject Property except as may be required for City
3
approved infrastructure (e.g. drainage, sewer, water, roads) or other safety purposes, and except
as otherwise authorized by the approved subdivision map referred to above.
(b) No advertising of any kind or nature shall be located on or within the Open
Space Easement Area, except for advertising related to the initial sale of the lots created by the
fmal subdivision map referred to above.
(c) Owner shall not cut, injure or remove any vegetation from the Open Space
Easement Area except for fire protection, elimination of diseased growth, and similar protective
measures as approved by City.
(d) Except as determined necessary by City for the construction, alteration,
relocation, and maintenance of tract improvements, including drainage facilities, as shown on the
approved fmal subdivision map improvement plans referred to above or for City approved
infrastructure, the general topography of the landscape shall not be modified from its present
condition and,no other grading, excavation, or topographic changes shall be made.
(e) No use of the Open Space Easement Area which will or does materially alter
the landscape or other attractive scenic features of said property, other than those specified
herein, shall be done or suffered.
(f) Owner shall not extract natural resources from the Open Space Easement
Area if surface entry is required.
(g) Owner shall not cut timber, trees, or other natural growth, except as may be
required for fire protection, elimination of diseased growth, and similar protective measures as
approved by City, tract improvements (including drainage) as shown on the final improvement
plans for said tract and City approve infrastructure.
4
(h) Owner shall not use the Open Space Easement Area or any portion thereof
as a parking lot, storage area, or dump site or otherwise deposit or allow to be deposited on the
Open Space Easement Area or any portion thereof, temporarily or otherwise, anything
whatsoever which is not indigenous or natural to the Open Space Easement Area.
(i) Owner shall not cover or cause the Open Space Easement Area to be
covered in whole or in part with any asphalt, stone, concrete, or other material which does not
constitute natural cover for the land, nor otherwise disturb the natural cover of the land unless
otherwise authorized by the provisions of this Agreement.
(j) No further land division of the Open Space Easement Area shall occur or be
applied for by Owner or its successors in interest, nor shall Owner or its successors in interest
otherwise convey (other than under threat of condemnation) a portion of the Open Space
Easement Area less than the whole to one or more parties or convey such area to two or more
parties each of whom acquire title to less than the whole of the Open Space Easement Area. Any
such conveyance or transfer of the Open Space Easement Area or a portion thereof by Owner or
its successors in interest shall be considered null and void.
(k) If irrigation is installed, Owner shall limit water use for irrigation on the
Open Space Easement Area to drip irrigation systems, and shall comply with all other provisions
of the Water Efficient Landscape Requirements set forth in Section 16.84 of the City of Arroyo
Grande Development Code.
3. Reservations of Use and Maintenance by Owner. Notwithstanding the provisions
of Section 2 above, and excepted from this grant and expressly reserved to Owner, its successors
and assigns and The Heights at Vista Del Mar Homeowners Association, a California non-profit
mutual benefit corporation consisting of the adjacent property owners ("Association"), is the
5
•
right to enter upon the Open Space Easement Area as required to make improvements authorized
by the Final Map 3048 and any amendments or modifications thereto approved by the City.
Also excepted from this grant is the Association's right to enter upon the Open Space Easement
Area to maintain such area in accordance with this Agreement.
4. Compliance with City Regulations. Land uses permitted or reserved to Owner in
this Agreement are subject to all City ordinances and regulations, including those regulating land
use.
5. Construction of Improvements. Owner shall not construct or permit the
construction of any improvements within the Open Space Easement Area as expressly reserved
herein or as authorized in the Open-Space Easement Act of 1974. Provided, however, nothing
contained in this Agreement shall prohibit the construction, maintenance and repair of
improvements required as shown on the fmal improvement plans for Tract 3048 or other City
approved infrastructure.
6. No Authorization for Public Trespass. The grant of easement contained herein
and its acceptance by the City does not authorize and is not to be construed as authorizing the
public or any member thereof not having a real property interest in the Open Space Easement
Area to trespass upon or use the Open Space Easement Area or as granting to the public or any
member thereof any tangible rights in or to the Open Space Easement Area or the right to go
upon or use or utilize the Open Space Easement Area in any manner whatsoever. The parties
agree the purpose of this Agreement is solely to restrict the uses to which the Open Space
Easement Areas of the Owner's Property so that the Open Space Easement Area may be kept as
near as possible in its natural condition for the benefit of the public, including for the benefit of
the lots being created byfthe_Final Map 3048.
6
7. Effect on Prior Easements. Nothing contained in this Agreement shall limit or
affect any easements that are of record and that have been heretofore granted by Owner on, over,
under, or across the Owner's Property, including the Open Space Easement Areas or any portion
thereof.
8. Duration of Easement. The grant of easement to the City contained in this
Agreement shall be effective when it has been approved and accepted by resolution of the City
Council in the manner required by law, and it shall remain in effect in perpetuity unless
abandoned or otherwise terminated by the City Council in accordance with the provisions of the
Open-Space Easement Act of 1974.
9. Enforceable Restriction. Upon acceptance of the open-space easement granted
herein, the portion of Owner's Property included within the Open Space Easement Area shall be
deemed to be "enforceably restricted" within the meaning of Section 422 of the California
Revenue and Taxation Code and Section 8 of Article XII of the Constitution of the State of
California.
10. Binding on Successors in Interest. All provisions of this Agreement shall run
with the land described herein and shall be binding on the parties hereto and their heirs, assigns,
and successors in interest.
11. Effect of Waiver. The City's waiver of the breach of any one term, covenant, or
provision of this Agreement shall not be a waiver of a subsequent breach of the same term,
covenant, or provision of this Agreement or of the breach of any other term, covenant, or
provision of this Agreement.
7
12. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity,
either to restrain a violation or an attempted violation or by suit to recover damages against any
person or persons violating or attempting to violate any covenant or restriction contained herein.
13. Law Governing and Venue. This Agreement has been executed and deliver in,
and shall be-interpreted, construed, and enforced pursuant to and in accordance with the law of
the State of California. All duties and obligations of the parties created hereunder are
performable in the County of San Luis Obispo, and such County shall be the venue for any
action or proceeding that may be brought, or arise out of, in connection with or by reason of this
Agreement.
14. Enforceability. If any term, covenant, condition, or provision of this Agreement
is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder
or the provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
15. Notices. Unless otherwise provided, all notices herein required shall be in
writing, and delivered in person or sent by United States first class mail,postage prepaid.Notices
required to be given to City shall be addressed as follows: Director of Community Development,
City of Arroyo Grande, 300 E. Branch, Arroyo Grande, CA 93420. Notice required to be given
to Owner or Association shall be addressed as follows: The Heights at Vista Del Mar Group,
LLC, or the Heights at Vista Del Mar Homeowners Association at the addresses used for their
registered agents for service of process as listed in the records of the California Secretary of State
from time to time. Provided that any party may change such address by notice in writing to the
other party, and thereafter notices shall be addressed and transmitted to the new address.
8
16. Subordination. The trust deed beneficiaries and mortgagees, if any, listed on the
preliminary title report or preliminary subdivision guarantee referred to the above, and whose
signatures are affixed hereto, do hereby assent to this Agreement and, further, do hereby
subordinate their respective interests to the restrictions and obligations imposed herein.
17. Agreement to be Recorded. Owner and City intend and consent to the recordation
of this Agreement in the office of the county Recorder of the County of San Luis Obispo.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as
of the day and year first above written.
OWNER:
The Heights at Vista Del Mar Group,LLC,
a California limited liability company
By: Innovative Housing Solutions, Inc.,
a California corporation
Its: Manager
By:
Jason Blankenship, Its: President
CITY OF ARROYO GRANDE:
By:
Jim Hill,Mayor
ATTEST:
By:
Kelly Wetmore, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Heather Whitham, City Attorney
APPROVED AS TO CONTENT:
By:
Teresa McClish, Community Development Director
9
TRUST DEED BENEFICIARIES and/or MORTGAGES
By:
Title:
By:
Title:
10
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of
On ,before me, ,Notary Public,
personally appeared ,who proved to me on the basis of
satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that
by his/her/their signature(s)on the instrument the person(s), 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 that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
•
(Notary Seal)
Signature of Notary Public
- Exhibit'A''Sheet 1`of 2
Y ` Thattportion-of the Remainder Parcel'of Tract 2207'according to the map,filed - ' .
--' - July 17,'2000 in Book 19 of Maps at Page,26"in the Recorder's Office of San Luis. -
'-Obispo,County, in the State of-California,,LYING NORTHERLY AND EASTERLY OF - - . ,
- ; - ,THE FOLLOWING DESCRIBED LINE:"
- '- Commencing at the north corner of said Parcel, said corner bearing North, - ,
- , - .' 56°22'46"-East,a distance-of 1305.36 feet from the west corner of said Parcel;' ` , ,
_ ' , _- _ _
thence the,n"orthwesterly line of said Parcel South 36°22`46"West a- ; ' -
distance-of 883.24 feetto'the•TRUE POINT-OF-BEGINNING; __ . - -
thence.leaving said-northwesterly line South 60°1.0"59" East a distance of 21178
_` feet; ,
_ " ,-'thencer,South 73°'10'42".East a distance of 597.57 feet; , .
thence~North 87°03'49"East.a distance of 135.69 feet -
:thence North East a`distance o 97,13 feet .
_ ' theneeSouth''54=°59'53"-East a distance'of 140.36_feet; - ' .
thence South 52'21'56" East a distance of 184.24 feet_
- . - _thence:South.39°16_`43" East=a distance'of-111.54 feet. "
thence South 63 632'54' East a distence-of 270.54 feet to the point of termination . "
onthe.southeasterly fine of-Said-Parcel;said point bearing North 55°2224' East a --
_ =distance of 1308.75f feet from the southerly corner of said Parcel. _ . -
' - ;- - The_atteched Exhibit"A"Sheet 2 of-2-is rnade-part Of this_descriptiOn. - .
----''',-- ' ' ill"-V44#' 04- ---t- -0.' V.;..r.-- 445;v0LAuGN.L4bs'34%- `, -
- - _ - -- ` Marc Dakos, 15'8769 ' ' (Dates - 0.
- t Professional Land Surveyor ,
_ ' .
' EXHIBIT "A" 0' .32O .. :S4-O'-
- -- . - SH EET'2 OF 2 -
.. - - SCALE t"=32O
-DAKOS
, , LI _H ,
�''[' r'} www„ DaiuostandSwveys.cam -YI . ._ . -
yi 41y
. _ --TPOB- -_ ' 5 ;
,
564 0' 9"E "21378
,
573°1O'42 E` 597. 7'
,- i 1 ,
N87°03'49''1,E .. .,F `. , ... ^.
,135.69
-N68°55'U8"E 977.13` -,.. .
'' - _ - 554°59'
54°59''53"E 140.36' - ,
p� 7 €
552°21'56"E 84 Z4' )
-- - S39°'16'43"E 111.54' . - - - '
' P{7T , .
'- REMAINDER ARL S63°32'54"E 204 - _ _ .
- - 19/MB/26 �, b-
°�`rte? _
J
LEGEND -.
POC=POINT OE COMMENCEMENT - t LA .•
- TPOB=TRUE POINT OF BEGINNING , ' ';- `
OF`DESCRIBED'UN - . - < ° G 4� -
- ;_ . POT=;POINEr OF TERMINATION . - - ., - ,;,`2- � .
__ OF DEt_CRIBEJ-LINE ,. . r -
' [oge..`� �. - �- . _
,
•
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached -
Resolution No. 4677 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of July, 2015.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 29th day of
July, 2015.
Al / ,
KELL ET/ ORE, CITY CLERK