HomeMy WebLinkAbout2014-020832 • JULIE RODEWALD
•
RT
San Lois Obispo County—Clerk/Recorder 5/28/2014
Recorded at the request at 9:37 AM
FIS MULTIPAY CREDIT/DEBIT
RECORDING REQUESTED BY D O C : 2014020832 Titles: 1 Pages: 7
AND WHEN RECORDED, MAIL TO: Fees 32.00 Taxes
City of Arroyo Grande 1111 I 111111111 Others 0.00
Attn: City Clerk PAID 532.00
300 East Grand
Arroyo Grande, CA 93421
Exempt from Recording Fees— Public Agency
GRANT OF LICENSE AND
AGREEMENT AFFECTING REAL PROPERTY
This GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY
("AGREEMENT") is made this go fh day of m R , 2014 by and
between the CITY OF ARROYO GRANDE, (the "CITY"), a Municipal corporation and
RONALD S. GONZALES AND DEANNE G. GONZALES, TRUSTEES UNDER THE
RONALD AND DEANNE G. GONZALES REVOCABLE LIVING TRUST AGREEMENT
DATED SEPTEMBER 29, 2004, (hereinafter referred to as "LICENSEE").
WHEREAS, LICENSEE owns certain real property commonly known as 150 El
Camino Real, Arroyo Grande, CA, 93402 (the "Property") and more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference;
WHEREAS, CITY owns and maintains a public right of way immediately adjacent
to the Property (the "Right of Way") as more particularly depicted in Exhibit "B" attached
hereto and incorporated herein by this reference;
WHEREAS, on December 3, 2013, CITY approved Conditional Use Permit No.
13-005 (the CUP") to allow LICENSEE to construct a 6,000 square foot commercial
building for use as a retail mattress store;
WHEREAS, condition of approval No. 132 of the CUP requires LICENSEE to
record a license agreement to allow LICENSEE to use a portion of the CITY's Right of
Way for vehicular overhang and for the installation and maintenance of backflow
preventers and a landscape bio-swale;
WHEREAS, by this AGREEMENT, the parties wish to satisfy COA No. 132 by
setting forth the terms and conditions of LICENSEE use of the Right of Way.
NOW, THEREFORE, in consideration of the terms and conditions contained
herein, the parties agree as follows:
1. CITY hereby grants to LICENSEE a license to use the Right of Way for
vehicular overhang and for the installation and maintenance of backflow preventers and
a landscape bio-swale (the "Improvements") (collectively referred to as
"Improvements"), subject to the following terms and conditions:
a. LICENSEE agrees to remove the Improvements should CITY so
request in order to gain access to the Right of Way or conduct maintenance or repair of
the Right of Way, or to install, maintain, repair or replace any such facilities located
therein; LICENSEE shall remove the Improvements within five (5) days of written notice,
unless CITY notifies LICENSEE of an emergency necessitating removal in a shorter
time period. Should LICENSEE fail to remove the Improvements within the time frame
specified by CITY, CITY, in its sole discretion, may elect to remove the Improvements
and any other encumbrances affecting the Right of Way or facilities therein and recover
all costs and expenses for such removal from LICENSEE.
b. LICENSEE agrees to pay for any and all costs for the maintenance,
repair or replacement of the Right of Way or facilities located in the Right of Way
resulting from or caused by, in whole or in part, Licensee's use of the Right of Way.
2. LICENSEE agrees to hold harmless and indemnify CITY from any and all
liabilities, damages, costs, claims, causes of action, complaints or proceedings of any
kind or nature arising or alleged to arise from the use of the Right of Way by
LICENSEE, thier employees, agents, contractors, assigns or successors in interest, of
any kind.
3. CITY may immediately revoke this License without notice for a breach of
or failure to comply with any of the terms and conditions set forth herein; CITY may
revoke this License without cause upon thirty (30) days written notice to LICENSEE.
4. This Agreement shall be binding upon the successors in interest of any
kind to the Property.
5. In the event of legal action to enforce the terms and conditions of this
Agreement, the prevailing party shall be entitled to recover their costs, including
reasonable attorney fees.
[Signatures on following page]
2
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first written above.
CITY OF ARROYO GRANDE LICENSEE:
By: -4--015Q S
STE N ADAMS, City Manager RONALD S. GONZALE , USTEE
ATTEST:
io. ?- ,,a,„c3/4-,��KELLY WET iRE, City Clerk D ANNE G. NZA ES, USTEE
APPROVED AS TO FORM:
T OTHY J. MEL, City Attorney
3
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
.HL�HL•H.H H-re HCH.H H.H'.H.H.H.Hi'H.H.H H.H H H H. H'H.H..H're H H re H i%S5 H-H.HCHfGH'-aNH'H'H HC n H
State of California
County of 71.417/.1nW 11
On s/ (/L/ before me, y6�L(6d ,act �����//�/
Oat ��,/ Moro lnso lamo and Tal 0 Olficor
personally appeared • ►. S ! 5 l� -_:tea '.d • • Leael,vrti?
emote)of Signerte)
/( "'darnel/21W
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who proved to me on the basis of satisfactory evidence to
be the persona whose names) istsubscribed to the
within instrument and acknowledged to me that
he/she t 1f— executed the same in his/her/KeelFjauthorized
capacity esi, and that by his/bertSt signature(2)on the
instrument the persons ? or the entity upon behalf of
which the person si acted, executed the instrument.
MAGDALENA R.JUARE2
4 Commission • 1951217
r%:�! Notary Public •California = I certify under PENALTY OF PERJURY under the laws
= C v�J Fresno County ' of the State of California that the foregoing paragraph is
Comm. Expires Oct 5. 2015 true and correct.
WITNESS my hand and official seal.
Signature_/' f� aset,„
Place Notary Seal Above Signature el Notary Pudk
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
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—Tiitle(s):
❑ Partner—❑ Limited ❑ General RIGI/TThUMePRINT ❑Partner—0 Limited ❑General RIGHT THUMBPRINT
❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER
❑ Trustee Top of thumb horn ❑Trustee Top of Ihumb hero
❑ Guardian or Conservator ❑Guardian or Conservator
❑ Other: ❑Other:
Signer Is Representing: Signer Is Representing:
r r ✓ N N N Nqd-'N N N N r w N N- N N N N N N r Nqw•- N N N N ✓ r N N
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