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Home My WebLink About2014-042018 JULIE RODEWALD T10 San Luis Obispo County—Clerk/Recorder 1010912014 2:51 PM Accorded al the request of Public RECORDING:REQUESTEDBY Dock : 2014042018 Titles: 1 Pages: 6 AND WHEN RECORDED, MAIL TO: 29.00 0.00 City of Grande 111110311111 Diners 0.00 PAID 529.00 Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT made this 30th day of July, 2013 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 550 East Branch Street (the "property") I/and Tim and Mary Hutchinson, owner of the fee interest in the property (hereinafter referred to as "LICENSEE"). WHEREAS, LICENSEE has constructed certain improvements on the property which encroach into the easement, including (the "structures",) as generally depicted in Exhibit "B" 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 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 STEV ADAMS, City Manager ATTEST. /il:1.J S ad I / • KELLY W TM e,RE City Clerk 2 LICENSEE: Cdr 2-iLL. tte r.1 8/V` Tim and Mary Hutchinson/Owners fic TMf�/y,y �fGc f c�, inSo:� APPROVED AS TO FORM: OL- TIMOT Y J. CARMEL, City Attorney [All signatures must be notarized] 3 IT . .f1 I :z Exhibit 13 ACCESSIBLE RAMP • ' SEE CIVIL DRAWINGS • 1i ■ . . .. at:71:° : ginirlajpi _aapa_ - pT. 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A •S Sl me eta Ines No �e tlTIII6o Iho�Illar • personally appeared AI r I r t Nemap)of SlOner(q "2 lrMtDrf1��i y Ten rr/Cbd 1 s • / y i who proved to me on the basis of s, i evidence to be the person& whose name(6)is e • subscribed to the within i strument and acknowledged to me that he/she he executed the same in s I s his/her het authorize capacity(es , and that by his/her el signature() on the instrument the it „ ROBERT S. YOUNG parse or the entity upon behalf of which the ., rli: NOta y Pubfk�Ca?tor89a z persons acted, executed the instrument. s, £ l Sen Luis Obis oCount z` Comm.E..:resPune 24 pI5 i I certify under PENALTY OF PERJURY under the s laws of the State of California that the foregoing s` i paragraph is true and correct. s s WITNESS my hand and official seal. s i • f /J Signature: -a..-I Al S _ 91 a °' Place Notary Seal Above se '1310 0+ OPTIONAL ' 1 Though the information below is not required by law,It may prove valuable to parsons rely: . on the document and could prevent fraudulent removal and reattachment of this form to another document. .• Description of Attached Document ( ///��]��^/�,., sI •• s Title or Type of Document: /P viviq c$ctA � /2 1v • Num r of Pages: • Document Date: , $ 1- Signer(s)Other Than Named Above: r 1 'i Capacity(les) Clai ed by Signer(s) ��• / s s. Signer's Name: ' �k9 C�/►u Signer's Name:C ►• • a 4 S-..; s ❑ Corporate Officer—Title(s): 0 Corporate Officer—Title(s): s .1 0J Individual R L.T DP IGHHUMRINTr ndjvidtial RIGHT. s ■1LTOF SIGNER NI, 1 THUMSPRINT.lifi:OFSIGNER4. ' 1• ❑ Partner—❑Limited ❑General Top of thumb here ❑Partner—❑Limited ❑General Top of thumb hero s ❑ Attorney In Fact ❑Attorney In Fact ❑ Trustee ❑Trustee s ❑ Guardian or Conservator ❑Guardian or Conservator ❑Other: I. ❑ Other: s Signer Is Representing: Signer Is Representing: ii t• 9 • •u;crlcsu<sltclwcelsscc- c-ttu+ >sww:.•sw-t .'sw�t1-o'ssl .-r�coauw*.�cTtlss:<stcss.•stcsx.•suw•rsslw:c.'1;E.-luw,csuc:�csri•1w'1ull 9s oT 02010 National Notary Aeeoclallon•NollonalNbIary.orp•1.600-US NOTARY(1.800.07648271 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • .H'•s b_.••••••_H_M'_b •• N •l,n. M M N HLHLM y • NCNL• . b* i n •L0 h •ff fY.b M b N n.•,'' MLO nL s_h.•) State of California County of ✓CA , JJ 1 (� I SpD On to Lol_l_I L I before me, _ I Uti.L4m or4, Ah-f ar J rah c , Data _ NOre bison Nano ad Tale o Ito Officer personally appeared cf-141L ll 5 Namo(s)of SIgnor(e) who proved to me on the-basis of satisfactory evidence to be the person whose name4e) is/ere subscribed to the within instrument and acknowledged to me that he/ohefthey executed the same in his/herNheit authorized capacity(iest, and that by his/herftheir signatures) on the KELLY wE DpE instrument the person($, or the entity upon behalf of fir;•, Ccannioo•!00029 which the person(4 acted, executed the instrument. Oa•' •-' Y p ft•CdRarala San LidstleispoCountyI certify under PENALTY OF PERJURY under the laws Comm.Expires Oa 21.2017 of the State of California that the foregoing paragraph is true and correct. WITNESS my han and official s:al. / . / Signature Place Notary Soot Abom ilgwmo of Notary Pubic 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(fes) Claimed by Signer(s) Signers Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Titte(s): 0 Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General RIGHT THUMBPRINT ❑ Partner—❑ Limited ❑ General RIGHTTMUMBPRIM ❑ Attorney in Fact OF SIGNER ❑Attorney in Fact OF SIGNER ❑ Trustee Top of thumb hero ❑Trustee Top of thumb hero ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: f:L'fccw�.asatraxw7.uww:•.czs�c.Yrc-wvcsw.f..>x:�7�cwc.rsaw,uu^u-+.Marc.fuyas,cw.cwc-wuu^u^sA,Y.c.Y.c:w.usw.+.c.-wsc+ws�.'r.< 02907 National Notary ASeubafbn•9350 Do Sob Ave..P.O.eoa 2402•Chabworet.CA 913112402•wwwNaaotwINOtaryorg torn15907 Reorder.Call Toarroo 1-800-876-68Z7 END OF DOCUMENT