HomeMy WebLinkAbout2014-009401 JULIE RODEWALD AG
San Luis Obispo County—Clerk/Recorder 3/11/2014
Recorded al the request of 11:09 AM
Public
RECORDING REQUESTED BY AND D 0 C# : 2014009401 Titles: 1 Pages: 8
WHEN RECORDED RETURN TO:
City of Arroyo Grande I I
Taxes
0.00 0.00
City Clerk II II III II 01111 II III111011 Others 0.00
300 East Branch Street
PAID So.00
Arroyo Grande, CA 93421
Fee Exempt— GC 6103
EASEMENT AGREEMENT
This Easement Agreement ("Agreement") is made and entered into by and between the
CITY OF ARROYO GRANDE, a municipal corporation of the State of California
(hereinafter referred to as "City") and NKT DEVELOPMENT, LLC, a Califomia limited
liability company(hereinafter referred to as "NKT ").
RECITALS
WHEREAS, NKT is the owner of certain real property located in the City of Arroyo
Grande and more particularly described in Exhibit "A° attached hereto and incorporated
herein by this reference (the "Property");
WHEREAS, on July 17, 2012, the City Planning Commission conditionally approved Lot
Merger 12-001, Variance 12-002 and Conditional Use Permit 12-004 authorizing the
development of a phased mixed-use project on the Property consisting of a 9,754
square foot neighborhood market ("Phase I°) and future residential development
("Phase II°) of 0.92 acres (the"Project");
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WHEREAS, Condition of Approval No. 11 (the "Condition") for the Project requires that
a public access easement be granted to the City for a pedestrian access trail across the
residential portion of the project (Phase II) in a form acceptable to the Director of
Community Development; and
WHEREAS, by this Agreement, the parties wish to satisfy the Condition by establishing
a floating pedestrian access easement over a portion of the Property until a fixed
location for such easement is determined.
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AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
2. Floating Easement: NKT does hereby grant to City, and City hereby accepts from
NKT, a floating pedestrian access easement (the "Easement") approximately
eight (8)feet in width over, upon and across that portion of the Property depicted
in Exhibit"B" attached hereto and incorporated herein by this reference.
3. Use of the Easement: City shall have no present right to use the Easement.
City's right to use the Easement shall be subject to the recordation of a
subsequent instrument fixing the location of the Easement pursuant to Section 4
below.
4. Location of Easement: The parties acknowledge and agree that the precise
location of the Easement is currently undetermined but shall be fixed to a
permanent location through recordation of a subsequent instrument, prior to the
issuance of a building permit for the proposed Phase II, residential component of
the Project.
5. Easement Improvements: The parties further acknowledge and agree that NKT
shall construct all improvements within the Easement as required by the Project
approvals, or as may be required pursuant to additional discretionary review, with
the understanding that any subsequent instrument fixing the location of the
Easement shall give City the right to access, construct, install, improve, maintain,
operate, and repair any such improvements as City determines necessary or
appropriate.
6. Tvoe of Easement: The Easement described above shall be non-exclusive and in
gross.
7. 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.
8. Indemnification. NKT agrees to indemnify and defend City, its officials,
employees, 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 with NKT's, its agents,
representatives, heirs, successors, assigns or invitees use of the Easement,
excluding therefrom claims resulting from the sole active negligence or willful
misconduct of City.
20F4
9. 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 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.
10. 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.
11. 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.
12. 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 reverse side]
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IN WITNESS WHEREOF, this Agreement is hereby executed by said owner and City on
the day and year first written above.
CITY OF ARROYO GRANDE: NKT DEVELOPMENT, LLC
By:
Steve Adams, City Manager Nicholas Tompkins, Manager
2-2(o- ly
ATTEST: .
By: C/oj4 49ts —
Kelly Wetmore Cis-1.y Clerk Cl
APPROVED AS TO FORM:
By:
Ti othy J. Ca el, City Attomey
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EXERBIT "A" 9/20/13
Legal Descriptions
of
Phase 11-Residential Properties
Parcel 1:
Lot 10 in Block 39 of Beckett's Crown Hill Addition to the Town of Arroyo Grande, in the
City of Arroyo Grande, County of San Luis Obispo, State of California, according to map
recorded June 19, 1905 in Book A, Page 57 of Maps, in the office of the County Recorder of
said County.
Parcel 2:
Lot 11 in Block 39 of Beckett's Crown Hill Addition to the Town of Arroyo Grande, in the
City of Arroyo Grande, County of San Luis Obispo, State of California, according to map
recorded June 19, 1905 in Book A,Page 57 of Maps, in the office of the County Recorder of
said County.
Parcel 3:
Lots 12, 13, 14 and 15 in Block 39 of Beckett's Crown Hill Addition to the Town of Arroyo
Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California,
according to map recorded June 19, 1905 in Book A,Page 57 of Maps, in the office of the
County Recorder of said County.
Parcel 4:
Beginning at the most northerly corner of Lot 15 in Block 39 Beckett's Crown Hill Addition
to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo,
State of California, according to map recorded June 19, 1905 in Book A,Page 57 of Maps, in
the office of the County Recorder of said County; thence from said point of beginning and
along the northeasterly line of said Block 39, South 29° East 150 feet to the most easterly
corner of Lot 10 of said Block 39; thence North 61°East, 30 feet to a point in the center of
tally Ho Street; thence North 29°West and along the center of tally ho Street, a distance of
150 feet to a point on the southeasterly line of Le Point Street; thence south 61°West and
along the Southeasterly line of Le Point Street, 30 feet to the point of beginning.
The above referenced description is described in that certain Grant Deed recorded March 13,
1969 in Book 1510, Page 343 of Official Records, in the office of the County Recorder of said
County.
Parcel 5:
Lots 20, 21, 22, 23, 24, 25 and the easterly 30 feet of the northerly 150 feet of Tally Ho Street
in Block 38 of Beckett's Crown Hill Addition to the Town of Arroyo Grande, in the City of
Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded
June 19, 1905 in Book A,Page 57 of Maps, in the office of the County Recorder of said
County.
Page 1 of 1
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State of California )
County of Thiathisadia
On Ik. mlxr.&n 2013, before me, ll ' ' A au s,
Notary Public, personally appeared Nicholas Tompkins, o proved to me on the basis
of satisfactory evidence to be the personp4 whose name(z)1gc2 subscribed to the
cw)thin instrument and acknowledged to me that he he//they executed the same in
i i hg'r/theif authorized capacity(), and that by lief/their signature(si on the
instrument the person(si,, or the entity on behalf of which the person(a) 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.
MICHELE A.TOMPKINS
0'«Y1 Commission i 1931785
r (? i Notary Public-California i
Signature ' t [Seal] = s, San Luis Obispo County
M Comm.Expires May 5,2015
4
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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State of California Lai n
County of SokAlk
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On LI I '1 before me, Va l j HO i F"`^1p C A/�c e r N
pate 1 Here(risen Name and The olble r J
personally appeared St/J1/4.r P-ao/VLl S
s)of Sgier(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose names) is/aresubscribed to the
within instrument and acknowledged to me that
he/shSRhey executed the same in his/her/tgeir authorized
�city(ree), and that by his/HeMhS signature(sj on the
;ts :: rIe
2004929 instrument the person(d), or the entity upon behalf of
et,,�. S Notvy t ) which the person(S) acted, executed the instrument.
Como. irq pppt,Any 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.
Signature �/
Placa Notary Seal Are .C:?!tr re• Notary Pubes
OPTIONAL V//
Though the information below is not required by law it may prove valuable to persons relying on the document
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Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: -
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s):
❑ Partner—❑Limited ❑General mGHrT THUMBPRINT ❑Partner—❑Limited ❑General RIGHT THUMBPR Nr
❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
❑ Trustee Top of er..Ta here ❑Trustee Top of urn b here
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
02(07 NaNnal Notary -.• •.93E0 De Soto Asa,MB=2402•Chatzawarth.GA 913I3-2402•wwwSorg Item 45907 Reatec Cal TolFree lA00F73J9II7
END OF DOCUMENT