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Home My WebLink About2016-012620 2016012620 Tommy Gong San Luis Obispo - County Clerk-Recorder 03/23/2016 02:09 PM 1RECORDING REQUESTED BY Recorded at the request of AND WHEN RECORDED RETURN TO: Titles: 1 Pages: 6 CITY OF ARROYO GRANDE Fees: $29.00 Taxes: $0.00 CITY CLERK Total: $29.00 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 GRANT OF NONEXCLUSIVE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of Nonexclusive License and Agreement Affecting Real Property ("AGREEMENT") is entered into as of ,//INLtft2V U— , 20/4' by and between the CITY OF ARROYO GRANDE, (the "CITY"), a municipal corporation organized under the laws of the State of California, and MFI, Limited (the "LICENSEE"), a California limited partnership. WHEREAS, LICENSEE owns the property located at 139 West Branch Street, Arroyo Grande, California; and WHEREAS, CITY owns property to the rear of the property located at 139 West Branch Street adjacent to the creek; and WHEREAS, LICENSEE has received approval from the Community Development Director to renovate the fagade and remodel the rear portion of the locally designated historic structure located at 139 West Branch Street (Plot Plan Review 12-006); and WHEREAS, Plot Plan Review 12-006 contains conditions of approval that must be implemented by LICENSEE; and WHEREAS, Condition of approval No. 7 requires LICENSEE to obtain permission to use the property behind 139 West Branch Street, owned by CITY; and WHEREAS, CITY desires to allow LICENSEE to use CITY's property as part of LICENSEE's use of its property located at 139 West Branch Street. 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 and are incorporated herein by this reference. 2. Grant of License. CITY hereby grants to LICENSEE a license to use the property contained in Parcel B described in Exhibit A and shown schematically in Exhibit A-1 ("Property"), both of which are attached hereto and incorporated herein by this reference, subject to the following terms and conditions: 1 a. LICENSEE agrees to maintain the Property and repair improvements such as fencing, permeable paving, decomposed granite path, directional and informational signs, and native landscaping on the Property following best management practices acceptable to the CITY. b. LICENSEE understands that LICENSEE's use of the Property is not exclusive and that the Property includes a segment of public path that may be connected to a public trail system accessed by the general public in the future. c. For the purposes of protecting biological resources, with respect to the Property, LICENSEE shall not nor shall LICENSEE allow the construction or placement of any kind of temporary or permanent structures, parking, grading or solid paving of any kind, storing or working on vehicles, equipment or material storage, agricultural development, removal or alteration of native plants or animals, landscaping with plant species that are known to be invasive in nature or otherwise hazardous to native species, animal raising and keeping of specialized animal facilities, or any activity that would accelerate soil erosion and subsequent sedimentation of the adjacent creek. 3. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless CITY, its officials, employees and agents, from and against any and all liability, loss, costs (including reasonable attorney fees), or claims for personal injuries or property damage arising out of, in whole or in part, LICENSEE's or LICENSEE's agents, contractors, assignees or successors in interest, of any kind, use of the Property. 4. Revocation. 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. 5. Notice. Any notice which 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: To CITY: City of Arroyo Grande Attn: Dianne Thompson 300 E. Branch Street Arroyo Grande, CA 93420 To LICENSEE: 111 FI I-wm iri b 735 ff NK FARM R6 Zyd SAN LUIS Del sPo CA- g3yoI 2 6. Binding Effect. This Agreement shall be binding upon the successors in interest of any kind to the property. 7. 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. 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. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF ARROYO GRANDE MFI,. I_ ED • Atkiki DIANNE THOMPSO►i _ City Manager ATTEST: O�OROYp �► / VOL--/LI vG A. Alp CI KELLY TM*RE City Clerk I ,,„ JULY 10.‘911 } . APPROVED AS TO FORM: 04LIF010*. HEATHER WHITHAM City Attorney 3 • ACKNOWLEDGMENT 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 Av. L S dCA S�o ) Onestit, a f 9 ao I(o before me, . I c 2�x L b A Li r 4 wt is (insert nam dnd title of the offfcer) personally appeared 1Ote—e_ tss D. a^" who proved to me on the basis of satisfactory evidence to be the persons, whose names is/* subscribed to the within instrument and acknowledged to me that he/s'helth y executed the same in his/i i�clth€ir authorized capacity(N),and that by his/hhlir/their signature ,)on the instrument the person(),or the entity upon behalf of which the personts)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. reibaaabadidbdhamodhaiii - .. L.BORM WITNESS my hand and official seal. ..fir��, Commission 0 2115177 ' �� Natsry PO*-Csais �" son Luis oebf>p Couory -- _� M Comm. ros Jul 10 2019 _- Signa ;� � � (Seal) • Page'4 . • EXHIBIT A Legal Description Use of City Property Portions of Lot 15 and Lot 16 of Lowe's Addition to the Town of Arroyo Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County, California described as follows; Beginning at a nail with brass tag stamped "LS 5702" set at the most southerly corner of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the office of the County Surveyor of said County, thence 1) North 56° 52' 00" East a distance of 53.13 feet to the southeasterly corner of said Lot; thence along the northeasterly line of said Lot 16 2) South 33° 08' 00" East, 22.78 feet; thence leaving the northeasterly line of said Lot 16 and along the existing top of bank of Arroyo Grande Creek 3) South 63° 28' 20"West, 34.23 feet; thence 4) South 69° 02' 52"West, 7.60 feet to the northerly line of Traffic Way being a point on a non-tangent curve, concave southerly, having a radius of 1850.00 feet, a radial to - - - - said point bears-North 14° 07' 11" East; thence leaving said existing top-of bank of- - - Arroyo Grande Creek 5) westerly along the arc of said curve through a central angle of 0° 43' 53" an arc distance of 23.61 feet to the northwesterly line of said Lot 16; thence 6) North 56° 52' 00" East 4.44 feet along the northwesterly line of said Lot 16 to the Point of Beginning. The above-described parcel contains 980 square feet, more or less. The above-described parcel is graphically shown on Exhibit A-1 attached hereto and made a part hereof. * * * v_AND s --1 - O 73 � z �� NO 5702 * / %r'" Michael B. Stanton, PLS5702 Date Wednesday, August 26, 2015; 1:12 PM Page 1 of 1 M:\12-008 139 West Branch-AG\EASEMENTS\139 Branch Use Esmt.doc Randy Ellison,LS7065 EXHIBIT A - 1 • USE OF CITY PROPERTY • P 1 PORTIONS OF LOT 15 AND LOT 16 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA TS� BLOM LOT 28 ReR�NC ti LOT 1 B MB 8 A/ -1-. LOWE'S ADDITJ ON \s) . /0 N W d' '_ E 0' 20' ., N O SCALE: 1" = 20' G N t0 N W 0 0 0_ 6 POINT OF BEGINNING 0 W N N56'52'00"E 4.44' Nill q _N56'52'00"E 53.13' 3 N56'52'00"E 57.57' PARCEL B 0=0'43'53" ��\ . HATCHED AREA W R=1850�00' PARCEL B INDICATES USE OF L=23.61 \\��\\ CITY PROPERTY I _ S69'\\,∎..„ ' TOP OF 3 TOP OF 4c .� S63'28'20"W 34\ CREEK BANK �, `�,9-.6.00, 00 0 /'e�P°PLOT 1 6 ,-'6,� ro O• \m \ AREA DEDICATED TO 3 CITY OF A.G. 11 PER PARCEL MAP AG-8R-025 g 46 PM 27 0 " LOT 15 :s- , ';. ; =m: ICHAEL B. STANTON, PLS 5702 '-'�`5= ° ' 3563 SUELDO ST. UNIT Q - "° �` w -.."'',a' _ SAN LUIS OBISPO, CA 93401 _ LA`NO=SURVEYS 805-594-1960 August 26, 2015 JOB #12-008 END OF DOCUMENT