HomeMy WebLinkAbout1994-020 Blakenship, Arthur & Betty Agmt. to maintain open space Contract No. 94020
AGREEMENT TO MAINTAIN OPEN SPACE USE
Le
C� �
1
This agreement is entered into thisL7day of July, 1994 by and between Arthur
and Betty Blankenship (hereinafter, "Owners"), owners of real property located at
8300 Santa Rosa Road, San Luis Obispo County, Atascadero, California (hereinafter,
"property") and the City of Atascadero, a Municipal Corporation, organized under and
existing by virtue of the general laws of the State of California (hereinafter, "City").
WHEREAS, the City has installed public sewer facilities within Santa Rosa Road
in front of the property; and
WHEREAS, the property has been legally assessed for the installation of these
sewer facilities; and
WHEREAS, the property has been and is currently used as open space pasture-
land by the Owners; and
WHEREAS, the Owners do not currently intend to use the property for purposes
other than its' current use in the future; and
WHEREAS, the property is subject to flooding and as such is unlikely to, due
to costs, develop in the near future; and
WHEREAS, the City desires that the property be maintained in its' current open
space use in the near future.
The Owners and City hereby agree to the following terms and conditions:
1 . The recitals above are true and correct.
2. The City agrees to pay the assessments due on the property for Sewer
Assessment District No. 7, subject to the terms of this agreement.
3. The owners agree to maintain and use the property in its' current state
and use, which is open space pasture-land and drainage.
4. Owners may develop this property at any time but must first repay the
City for the assessments paid by the City pursuant to this agreement.
When such repayments are received by the City, the agreement so far
as it requires City payment or maintenance by Owners of open space is
terminated.
1
5. Owners must immediately repay the City upon the occurrence of any of
the following events:
A. The passage of fifteen (15) years from the date of this agreement.
B. The sale of this property, prior to the recordation of the deed.
C. The development of the property prior to the issuance of a
building permit for construction of a new dwelling, or other
permitted new structure not necessary to a use existing on the
date of this agreement.
6. Repayment to the City shall be the amount paid by the City plus five
percent (5%) simple interest from the date of each payment. Owners
may repay the City at any time, without penalty. Said repayment shall
be the total assessment plus any accured interest.
7. This agreement, and covenants contained herein, shall burden the
property and the land; and shall run with the land and be binding upon;
and shall inure to the benefit of the heirs, executors, administrators,
successors, and assigns of the Owners, and any future owners of, or
any portion of, the property.
8. This agreement may only be modified by the mutual written consent of
both parties or the respective successors in interest.
9. Time is of the essence in this agreement.
CITY OF ATASCADERO
ATTEST N By:
AR. AD BEWLEY, Ma r
PROPERTY OWNERS
LEE PRICE, City Clerk
APPROVED AS TO FORM: By:
RTHUR BLANKENSHIP
n
y:
ARTHER R. M NTA ON, BETT LANKENSHIP
City Attorney
2
RESOLUTION NO. 70-94
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH
ARTHUR & BETTY BLANKENSHIP
TO MAINTAIN OPEN SPACE USE
The City Council of the City of Atascadero, California hereby resolves as
follows:
1 . The Mayor is hereby authorized to execute an agreement with Arthur &
Betty Blankenship to maintain Open Space use.
2. The City Manager is hereby authorized to make minor corrections or
modifications of a mathematical or clerical nature.
3. The Finance Director is hereby authorized to appropriate funds, if
necessary; release and expend funds; and issue warrants to comply with
the terms of this agreement.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Atascadero held on the 12th day of July, 1994.
ATTEST: CITY OF ATASCADERO
4- C By:
LEE PENCE, City Clerk R. DAVID BEWLEY, or
APPROVED AS TO FORM:
ARTHER R. MO TAN N, City Attorney