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HomeMy WebLinkAbout2014-049167 JULIE RODEWALD ID San Luis Obispo County—Clerk/Recorder 11/19/2014 r • Recorded at the request of 2:03 PM Public RECORDING REQUESTED BY D o C#: 2014049167 Titles: 1 Pages: 7 AND WHEN RECORDED, MAIL TO: Fees 32.00 Taxes 0.00 City of Arroyo Grande Others 0.00 PAID $32.00 Attn: City Clerk 300 E.'Branch Street Arroyo Grande, CA 93420 (This Space For Recorder's Use Only) Fee Exempt per GC Sections 6103 and 27383 GRANT OF REVOCABLE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS GRANT OF REVOCABLE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY("AGREEMENT") is made this a$fh day of 7c-/o d e r , 2014 by and between the CITY OF ARROYO GRANDE, (the"CITY"), a municipal corporation and T.L. BERRYHILL AND ALVA SUE BERRYHILL,WILLIAM J.W. CALDER AND CANDACE CALDER,AS TRUSTEES OF THE WILLIAM AND CANDACE CALDER FAMILY TRUST DATED SEPTEMBER 29, 1987,AND JOHN ALBERT MALLORY, TRUSTEE OF THE JOHN ALBERT MALLORY AND PATRICIA GAIL MALLORY 1976 TRUST DATED MARCH 1, 1976 (hereinafter referred to collectively as "LICENSEE"). WHEREAS, CITY is the owner of real property (the "City Property") located at 200 N. Halcyon Rd, Arroyo Grande, California, (APN 006-161-020) which contains a driveway access to Rena Street (the "Driveway") which Driveway is more particularly described in Exhibit "A" and depicted in Exhibit "B", both of which are attached hereto and incorporated herein by this reference. The Driveway is identified as "Parcel 1" in Exhibits "A" and`B"; and WHEREAS, LICENSEE is the owner of certain real property (the "Licensee Property") located at 120 N. Halcyon Rd, Arroyo Grande, California (APN 006-161-019) which is adjacent -,to the City Property. The Licensee Property is identified as "Parcel 3" and the City Property is identified as"Parcel 4"in Exhibit`B"; and WHEREAS, LICENSEE desires to utilize the Driveway to access Rena Street from the Licensee Property; and WHEREAS, CITY is willing to allow LICENSEE to utilize the Driveway, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. CITY hereby grants to LICENSEE a revocable license to use the Driveway for ingress and egress to the Licensee Property, subject to the terms and conditions contained herein. 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 Driveway by LICENSEE, their agents, guests, invitees, 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF ARROYO GRANDE LICENSEE: • By: ,,, ----- -Th_. '2 L- LL.�.Q STEVEN ADAMS, City Manager* T.L BERRYHIL 2 • AL, VA SUE BERRYHILL* TTEST: KELLY E,► ORE, City Clerk WILL • . CALDER, as Trustee of the - - William and Candace Calder Family Trust dated September 29, 1987* APPROVED AS TO FORM: a/44-4A- CANDACE CALDER, as Trustee of the William and Candace Calder Family Trust dated September 29, 1987* TIM HY J. CARMEL, City Attorney [* signatures must be notarized] JO LBERT MALLORY, as Trustee of the John A ert Mallory and Patricia Gail Mallory 1976 Trust dated March 1, 1976* 3 1 - J r EXHIBIT"A" REVOCABLE LICENSE FOR INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF PARCEL 3 PARCEL I ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 4, OF THAT CERTAIN GRANT DEED AS DOCUMENT NUMBER 52640, IN BOOK 2534 AT PAGE 323 OF OFFICIAL RECORDS, S.B.B. &M., FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY FOURTEEN FEET OF PARCEL 4 OF THAT CERTAIN GRANT DEED AS DOCUMENT NUMBER 52640, IN BOOK 2534 AT PAGE 323 OF OFFICIAL RECORDS, S.B.B. &M., FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, CONTAINING 0.071 ACRES,MORE OR LESS N• Vk 84/4,, cee e 9 cc‘.4 4r- •=.N 4' 0 141 ( I • ,3 L.S. 9062 4.(4 Ile'OF CP4.0 PAGE 1 OF 1 , EXHIBIT "B" • / �/ N66°57'00"E c. CORNWALL AVENUE 148.59' - 1 RI 4T374-11- 100.00' hb N• / N66°57'�0"E 173.70' SCALE: O E: 73.70' �� 100 oo' 23.70' / /47- /e / _ _. _ _ _ ___ / I rm 0 • U_w �3 _w �_ ^�' ry0°rn° ^1/ PARCEL 3 PARCEL 4 o z r�°/ 4,6,,P, 0, °% O.R. 2005018800 2534 O.R. 323 5 / I S w q / N APN 006-161-019 APN 006-161-020 R N ± 0.33 AC ± 0.35 AC _ vi y ,?...,I j ° // o1 C b �, , 10, / l I / y 23 22 21 20 19 14-18 17 16 / S• REVOCABLE / LICENSE a% % -F ,--t r, ms"-�-Te,,,•;:*n., �, 1 / \• : 51.70' ;` ': . r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of ..6.441 LG/i 0,0i15PD • On /D— 3c3-- /q before me, K/M. PlO 4t 17 1 h il' fr 1 AidhG Date // ���✓JJJ Name and Title of the Officers-1 personally appeared 64e1/','i 1,044-75 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(gr whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/19e'ftheir authorized capacity(iee), and that by his/Iher{ eir signature(.} on the instrument the person(e), or the entity upon behalf of which the .Q, KITTY NORTON person(e) acted, executed the instrument. 411111,,,..,,,t Commission# 1924921 s1J! Notary Public-California I. I certify under PENALTY OF PERJURY under the laws San Luis Obispo County = of the State of California that the foregoing paragraph M Comm.Ex Tres Mar 9.2015 = is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature: Si ture of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the docu .- t or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: D. .. ent Date: Number of Pages: Signer(s) Other Than Nam-- bove: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ G---ral ❑ Partner— ❑ Limited ❑ General ❑ Individual El Attor. in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ .ardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is epresenting: Signer Is Representing: ©2013 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 State of California ) County of San Luis Obispo ) On WO V. C I Z a 7 before me, J Johnson, Notary Public, personally appeared T.L. Berryhill and Alva Sue Berryhill and John Albert Mallory, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person, or the entity upon behalf of which the person 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. J.JOHNSON w`�, COMM.#2053926 3 i .4 NOTARY PUBLIC•CALIFORNIA n � J Johnson,,.1, ary Public �.,R , � SAN LUIS OBISPO COUNTY Comm.Exp.JAN 29,2018 State of California ) County of San Luis Obispo ) On Nog � Z a if before me,J Johnson, Notary Public, personally appeared William J.W. Calder and Candace Calder, who proved to me on the basis of -- -- -----satisfactor-y_evidence-to_be the persons whose names are subscribed to the within instrument and acknowledged to me that.they executed the same in their authorized capacities, and that by their signatures on the instrument the person, or the entity upon behalf of which the person 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. J. JOHNSON i comm.*2053926 '14 n �) NOTARY •CALIFORNIA `Z,rrp. SAN LUIS OBISPO COUNTY '' J Johnson, . r'y 'ub C Comm.Exp.JAN.29,2018 . END OF DOCUMENT