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HomeMy WebLinkAbout2014-036250 i JULIE RODEWALD TJB San Luis Obispo County—Clerk/Recorder 9/04/2014 Recorded at the request of 9:42 AM `', "- Public RECORDING REQUESTED BY AND D O C#: 2014036250 Titles: 1 Pages: 6 WHEN RECORDED RETURN TO: Fees 29.00 CITY OF ARROYO GRANDE CITY CLERK Taxes 0.00 300 E. BRANCH STREET Others 0.00 ARROYO GRANDE, CA 93421-550 PAID $29.00 GRANT OF REVOCABLE LICENSE AND AGREEMENT AFFECTING' REAL PROPERTY THIS AGREEMENT made this 14th day of August , 2014 by and between the CITY OF ARROYO GRANDE, (the "CITY"), and owner of an easement and right of way (the "Easement") in the real property described as 157 Clarence Avenue (the "Property") and Bradley Boulton, owner of the fee interest in the property (hereinafter referred to as "LICENSEE"). WHEREAS, LICENSEE desires to continue to use for landscaping & fencing purposes certain improvements on the Property, which uses encroach into the Easement, including a non- conforming ADA pathway (the "Structures"), as generally depicted and shown in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, LICENSEE, due to neighboring alignments desires that these non-conforming improvements remain until additional improvements are proposed or until neighborhood conditions change on the Property, which encroaches into the Easement, as generally described in Building Permit#BLD13-000438, which Permit is attached hereto and incorporated herein by this reference. WHEREAS, CITY is willing to allow the structures to temporarily remain so long as they do -not - - interfere with, or cause damage to, the use, maintenance and operation of the Easement and/or the facilities and improvements located therein. 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 allow the Structures to remain in their current location in the Easement, subject to the following terms and conditions: a. LICENSEE shall submit as built plans and specifications for the Structures to CITY; b. During construction or modification of the Structures, LICENSEE shall comply with any and all instructions and guidance from CITY intended to prevent interference with or damage to the Easement and facilities located therein; c. LICENSEE agrees to remove the Structures should CITY so request in order to gain access to the Easement or conduct maintenance or repair of facilities located within the Easement, or to replace any such facilities; LICENSEE shall remove the Structures within thirty (30) days of written notice, unless CITY notifies LICENSEE of an emergency necessitating removal in a shorter time period. Should LICENSEE fail to remove the structures within the time frame specified by CITY, CITY, in its sole discretion, may elect to remove the Structures and any other encumbrances affecting 1 the Easement or facilities therein and recover all costs and expenses for such removal from LICENSEE. d. LICENSEE agrees to pay for any and all costs for the maintenance, repair or replacement of the Easement or facilities located in the Easement resulting from or caused by, in whole or in part, the construction, operation, maintenance or repair, or location of the Structures within the Easement; 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 construction, operation, maintenance or repair, or use of the Structures by LICENSEE, his 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 sixty (60) 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF ARROYO GRANDE LICENSEE T STEVEN ADAMS Signature City Manager ATTES : rdcl! C ` Print Name / / KELLY ET y O E City Clerk Signature APPROVED AS TO FORM: Print Name TIM THY J. MEL City Attorney 2 STATE OF eitkutfOe 14- COUNTY OF ( 1-r - E tP4,- On t14-A'(ACIU -T X11" , before'me, LIik.i E i W-i i #.107A17-1 Paou , personally,appeared _ I'JP i7 lam'`I I�DI L1 PrJ 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 t , ""i signature(s) on the instrument the person(s), or the Q °mmPubli il�Fi b entity upon behalf of which the person(s) acted, z Notary Pubi -Catitanya '., 7/ S,an,I.-a Otbato.COurtly 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. PLACE NOTARY SEAL ABOVE Si nat Malik (Seal) STATE OF Will CA p COUNTY OF ,Shty 1,..1,(.(,5 08l S t o On Sc' rfei i,3 ( 312o iY , before me, - _- - __ (SELL ( We TrInorzU , -personally appeared S'rE vai fp Arch 5 . 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 KELLY WETMOr p i authorized capacity(ies), and that by his/her/their Commission #2004929 signature(s) on the instrument the person(s), or the , - Nahiy Public-California • entity upon behalf of which the person(s) acted, r Z a411/4... San Luis Obispo C°uhty : executed the instrument. m.Expires Feb 2 17 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my han and official seal. PLACE NOTARY SEAL ABOVE Si natur / /, , ! / (Seal) 3 GOVERNMENT CODE 27361.7 I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary E DA R.R,A 14 Name of County SAN)TA BAR BAR A CouN-ry Date Commission Expires Jung. 3 201`7 Commission# 2o1 6 03 s Signature of person (fi m name if any) making verification Date SEPrcpiec2 LI zany Location SAn1 Goys O8,'soo (City) State of California . . . , EXHIBIT "A" 1- .001 �a3d 137111130 IV 71 11 j £aZ6- 9 , ❑ ❑ tp ❑ ❑ ■ . I I NOILIS •a1 82�R0 N / XL 0 e 37VMS 031V11034 • v1ry,V4 VLS I 1 1 \ ■ -� 111,,� 1'8,11 O N 01810373 M3 \ I .4154 MM. 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N1038, 1 !?..O,:�n ��Iq Z g� �o�N� u.1 z H ?NG G1 Ty oa'or+a v1s�; M :.o 3 I I ■ •of A nac y° Gt► "'DE 0'1'1g-0/A06 `` 1• p5pAIR 7/4 E IV f pe2miT 3c...D13—OO 0.143 __ City,of,Arroyo Grande-Building Division-300 East Branch Street-Arroyo Grande, CA 93420-Office(805)473-5450 t ,CITY OF ' Construction Permit Address: 157 CLARENCE Street i sr°cErg4 • Permit#: BLD13-000438 I Application Date: 12/27/2013 Issue Date: 08/25/2014 ft NIP, Parcel 007522048 OWNER-BUILDER DECLARATION Tract/Lot CY AG PM 11-23 PAR 1 I am exempt from licensure under the Contractors State License Law for the following Project Converting garage to secondary dwelling and adding garage reason: Description: Valuation: $80,000 00 By my signature below I acknowledge that,except for my personal residence in which I must Permit Type: Residential Addition have resided for at least one year prior to completion of the improvements covered by this _ _ Owner: Bradley Boulton permit,I cannot legally sell a structure that I have built as an owner-builder if it has not been 157 Clarence constructed in its entirety by licensed contractors I understand that a copy of the applicable law Arroyo Grande CA 93420 is available upon request or at http//www legmfo ca qov/calaw html. Contractor: Construction Type:VB WARNING Failure to secure workers'compensation coverage is unlawful,and shall subject an Occupancy Groups Area employer to criminal penalties and civil fines up to$100,000,in addition to the cost of R-3 Residential,One&Two Family 879 compensation,damages as provided for in section 3706 of the labor code,interest,and U--Utility,Miscellaneous 1152 attorney's fees Description Total Cost R-3 Single-Family Residential-Addition 0.00 SMIP Residential 8 00 Green Building Fee 4.11 Plan Check Fee(168-333 sq ft) 434 24 /certify that I have read this application and state that the above information is correct,I agree Inspection Fee(168-333 sq ft) 260 94 to comply with city ordinances and state laws relating to building construction,and hereby R-3 Single-Family Residential-Remodel 0 00 authorize representatives of this city to enter upon the above-mentioned property for inspection Plan Check Fee(334-667 sq ft) 295 77 purposes Unless noted under"Special Conditions",this permit becomes null and void if work Inspection Fee(334-667 sq ft) 330 20 or construction is authorized is not started within 180 days,or if construction or work is U Residential Garage 0 00 suspended or abandoned for a period ofays any time after work is commenced Plan Check Fee(834-1,250 sq ft) 724 37 Inspection Fee 834-1,250 sq ft) 770 64 Air�' Water Meter 1 mch 0.00 Meter Fee 295.00 Distribution Fee 1,662.00 Siof Contractor,Authorized Agent or Owner Water Availability Fee 2,150.00 Sewer Connection Secondary Dwellings 0 00 �7n Hookup Fee 2,475.00 .0 / Total Fees 9,410 27 7% ( _ Balance Due 0 00 Date Payments: -Dater--Type-Referenq_e ReceivedFrom Amount 08/25/2014 check Bradley 9410 27 - -_ Boulton — Building Department Copy -. 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