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HomeMy WebLinkAbout2015-005187 ri San Luis TOMMY Obispo County—GONG SN 2/06/2015 - Recorded at the request of 11:45 AM Public RECORDING REQUESTED BY Doc#: AND WHEN RECORDED, MAIL TO: 2015005187 Titles: 1 Pages: 7 e`s 0.00 City of Arroyo Grande TaFexes Attn: City Clerk I Others 0.00 300 East 6reRe1-Brant h I PAID $0.00 Arroyo Grande, CA 93420 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 :6, day of January, 2015 by and between the CITY OF ARROYO GRANDE, ("CITY"), a municipal corporation and CCT Ventures, LLC, a California limited liability company, ( "LICENSEE"). WHEREAS, LICENSEE owns certain real property commonly known as 379 Old Ranch Road, Arroyo Grande, CA, 93420 (the "Property") and more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference; WHEREAS, CITY owns and maintains a public utility easement across the rear of the Property (the "EASEMENT") as more particularly depicted in Exhibit "B" attached hereto and incorporated herein by this reference; - WHEREAS, on October 29, 2014, CITY approved Architectural Review Permit 14-007 (the "ARCH") to allow LICENSEE to construct a 2,672 square foot new single family residence; 1. WHEREAS, condition of approval No. 9 of the ARCH requires LICENSEE to keep the public utility/sewer easement at the back of the lot open and free from all buildings and structures of any kind except irrigation systems and appurtenances thereto, shallow root plant material, and lawful fences; WHEREAS, by this AGREEMENT, the parties wish to satisfy ARCH condition of approval No. 9 by setting forth the terms and conditions of LICENSEE's use of the EASEMENT. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. Recitals. The above recitals are true and correct arid-are incorporated herein by this reference. r , ;?. . i . ,. 2. Grant of License. CITY hereby grants to LICENSEE a license to use the EASEMENT for installation of fencing, shallow root plant material and irrigation (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 EASEMENT 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 EASEMENT 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 EASEMENT or facilities located in the EASEMENT resulting from or caused by, in whole or in part, Licensee's use of the EASEMENT. 3. Indemnification. 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 EASEMENT by LICENSEE, their employees, agents, contractors, assigns or successors in interest, of any kind.. 4. Revocation. CITY may revoke this License upon thirty (30) days written notice to LICENSEE for a breach of or failure to comply with any of the terms and conditions set forth herein.. 5. Binding Effect. This Agreement shall be binding upon the successors in interest of any kind to the Property. 6. Attorney's Fees. 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. 7. Notice. Any notice that either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal. service, (ii) delivery by a reputable document delivery service, such as, but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: 2 • To CITY: City of Arroyo Grande 300 E. Branch Street Arroyo Grande, CA 93420 With copy to: Timothy J. Carmel Carmel & Naccasha LLP 1410 Marsh Street San Luis Obispo, CA 93401 To LICENSEE: Travis Fuentez - CCT Ventures, LLC 645 Clarion Court San Luis Obispo, CA 93401 8. Amendment. This Agreement may not be amended or altered except by an instrument in writing executed by CITY and LICENSEE. 9. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the inclusion of which would adversely affect the validity, legality or enforcement of this Agreement shall have no effect, but all remaining provisions of this Agreement shall remain in full force. 10. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with California law. [Signatures on following page] 3 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY 0 ARROYO GRANDE LICENSEE: By. i1 ! z ;. •-! !+'r.�tlA��� :y-•er Travis Fuentez, Memb' Rolo-r+IM LFa'lr+-grim ATTEST. 04-Yo 6' #0"" .l �i► a� ATED Kelly et/bre, City Clerk * JULY yp. APPROVED AS TO FORM: # 04 LO��p 1 11 r T othy J. 7mel, City Attorney 4 • Title No. 14-400209923-F-DWL Locate No. CAFNT0940-0940-0002-0400209923 LEGAL DESCRIPTION EXHIBIT"A" THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO GRANDE,COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: Lot 3 of Tract 3018 in the City of Arroyo Grande,County of San Luis Obispo, State of California,according to Map thereof recorded April 19,2013 in Book 33,Pages 61 and 62 of Maps in the office of the County Recorder of said County. APN: APN 007-011-054 2 CLTA Preliminary Report Form-Modified(11/17/06) 1 1-/2;'D3 E -----�' �1 Nt3 R�t _— _ \ 00-471-0 'c I `\` \O \\ 10'P U E.&STREET T>ei ,..-- 6 W: FOUND 5/8"REBAR\ \, \� \ EASEMENT PER THIS M SET TAG LS 8216 \ N \ oV 2 ° y w L=328.78'M,328 68'R-1 \ 6 4 a, \\ f / I R=224 00 M&R-1 \ \�' \ .wo, / 6=84105'45"N.84'04'16"R-1 \ \ ryb \ 1 1 I N o- I \ \ I I I f°ON\y-+� 1=3763'N,3770'R-1 \ \ 1 f'r` o'°: R=24 00 M&R-1 \ 1 N b I'w FOUND 5/8"REBAR RCE3158 \ SCALE:1"=5501 11 1 13,0 o w' A=.89'49'41°N.90'00'00"R-1 \ s>s.0 �Z ,l 1. t,.. / 1 �o\Zm N`y \ `\ 0- 50 100 150 I 1 1 i \N0 ?P tN \ 1 1 1 J\ \NA / I �'?°-.,f PER 3179 OR 861 1 1 1 i N \ 1\" \\ / ,\-.., / I \ og f. PARCEL 2 I11 I I A o ` \ i' \ 44 PM 86 0\ � m N \ b \ \ \ jm1 1 \ \ \ 56.'.\ FOUND ::i _______AI I 1 S \ae�\ \ \\ NAIL&TAG - I N i \ \ o� LS 8216 SET IN rn I \ \ \ TOP OF CURB N2916'44"E 132 48'R-1 & 1 1 rn 2 1 I SLOPE EASEMENT X25'07'30"f \\ N2917'04"E 132 46'M I I - 1 29 PER 3179 OR 673 ` I I 7so' \ FOUND 5/8" �- C) FOUND C PIN IN MONUMENT WELL h1 IEASEMENT 1 I \\ "� '� 1.EBAR RCE3158 ACTED AS C/L 623 S \ \ SET PER R-1 I L=76415'M,16406 R-1 L=328 R=27600 M7&R-1 a \(a\B, ` -— -- - -- - --- \\r' =83100 M&R-1 (n a 68'14'28 M,68'14'36"R-1\ s n' 1 I 6=111913 M,1118'48°R-1 A=16'29'55° 3 e=9'31'26" - 2607'M&CF R-1 0'P T.&T EASEMENT \ \1`82 559'\ PER 7042 OR 249 I LOT 5 I I I ' '' _ --_ _ zp- IF-C-41\J.\2� \ 1 4 00 AC 811 \ •, I A=17,05.37. 3 1`4588 � 42 22, 90 24' n ( _ o\••\ 10' L EASEMENT a a — - 'VINN o,°n {+ \'' \ 5\OR 674 I Nz4 49'S9'E "t \o -- -_ m ;-. LOT 7 �...! \Nm„ \ f51 mz I I II C 1r z IN I�y'i l � 14 MB 73 ° 2- 1:- 6 m vl = ''''2.m F`, \ i-41-4,T1 ���� o LOT 4 0, LOT 3 Ir LOT 2 I- LOT 1 I ?�I�w \�P\\ PROPOSED 10'PUBLIC Co 0.26 AC I1'+ 025 AC 025 AC 027 A0 N wL N. \ \ '-'4.1i1' J UTILITY EASEMENT PER 17,337 SF 108616E 1- 11,0349E IN 11,838 SF 1�xm1 TRACT MAP \� I f MAP I lis f la ip ovAls v1 \.A� T� / JTHIS I I� m .s Ip1Al \ \ 132.48'M 3: I y °D�'•X 132 48'CF R-1 356 ---__ __ 65_00' �N 78 00' alp. _s9 27' TR 3 018 -L -- - ACCESS 86 34'M,686 44'R-1 ACCESS SOR 38 N29'17'31'E 81880'M,818.92'R-1 PER 777 OR 388 LARCHMONT BASIS F BEARINGS BEING A SUBDIVISION OF PARCEL 1 OF &884 OR 110 FOUND PIN IN CONC \ I FOUND 1"IP ACCEPTED HEN ROW I Q \ BLOCK 6 ow BLOCK 7 I I NO TAG,PER R-1 PARCEL MAPS AG-87-203 IN THE CITY i_----_� ,per \ 3/MB/78 zow� 3/MB/78 I A/MB/63 SET TAG LS 8216 OF ARROYO GRANDE AS RECORDED IN G<c\ BOOK 44 OF PARCEL MAPS AT PAGE 96 IN THE OFFICE OF COUNTY CLERK BASIS OF BEARINGS LEGEND AND REFERENCES + RECORDER OF f SAN LUIS OBISPO THE BASIS OF BEARINGS FOR THIS SURVEY IS THE LINE BETWEEN THE --c,- SET lb"REBAR WITH CAP LS 8216 COUNTY, STATE OF CALIFORNIA 101 AND PIN IN CONCRETE LOCATED ALONG THE RIGHT ER,WAY OF HIGHWAY �- FOUND MONUMENT PER R-1 OR AS NOTED �� 101 AND NHI FOUND 1"IRON PIPE MARKING THE OE WAY PROPERTY CORNER BEARING N29'17 31"E PER 44 PARCEL MAPS 96 R-1) ( �_ FOUND RI"REBAR NO CAP,ACCEPTED AS j RI"REBAR WITH CAP RCE 31581,SET CAP LS 8216 GRANITE R I D G E R-1 PARCEL MAP AG 87-203(44 PARCEL MAPS 96) F. N G I N F. F. R I N G G R O U P 240 DAFFODIL AVENUE NIPOMO CALIFORNIA 93444 CF CALCULATED FROM 8679 SANTA ROSA ROACH ATASCADERO CALIFORNIA 93422 .1' (800)720.2958 (805)835.3582 wowgraNterld0egroup.com P PROPORTION { Feb 2013 SHEET 2 OF 2 FIRST AMERICIAN TITLE #4001-4129698 1 f J J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of 5u') L1AU Oha$pa ) - On 10/04(() 2a,2 (c before me, lei Ml ( DJ lWVe, ,Vd1: Date Here Insert Name and Title of the Officer personally appeared lams hAC Y 1�1 1 eZ- Name(s)of Signer(s) 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 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) 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. .% TERRI M.BURKHART Commission#2008339 z �1_` '�` -�� i ���--•�==� Z Signature Notary Public-California Z s-� Ws >_ Signature of Notary_ Public _ - +f _San a Obispo County_ _ _ _ �--- ---1i Conan.!lifts Mat 22.201 7 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ❑Corporate Officer — Title(s): LI Corporate Officer — Title(s): ❑ Partner — ❑ Limited LI General LI Partner — ❑ Limited ❑ General El Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator El Trustee LI Guardian or Conservator ❑Other: — - - - - - ❑ Other: - - -— — - - - Signer Is Representing: Signer Is Representing: ©2014 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 1ND OF DOCUMENT