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Home My WebLink About2017-009605 2017009605 Tommy Gong San Luis Obispo - County Clerk-Recorder 03/02/2017 09:43 AM Recorded at the request of RECORDING REQUESTED BY AND PUBLIC WHEN RECORDED RETURN TO: Titles: 1 Pages: 9 Fees: $0.00 Taxes: 0.00 City of Arroyo Grande Total. $0.00 Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 NO RECORDING FEE—PUBLIC ENTITY GRANT OF PARKING EASEMENT AGREEMENT This GRANT OF PARKING EASEMENT AGREEMENT ("Agreement") is made this f:90/net day of Ce b , 2017, (the "Effective Date") by and between the City of Arroyo Grande, a municipal corporation of the State of California (hereinafter "City"), and Jesse Amor Jacobson(hereinafter"Grantee"). // WHEREAS, City and Grantee entered into a Lease with Option/to Purchase Agreement Affecting Real Property(the"Option Agreement")dated March 1, 2011; and WHEREAS, City exercised its rights under the Option Agreement to purchase a portion of the Grantee's property and now is the owner of the property (the "City Property") described and depicted in Exhibit"A,"attached hereto and incorporated herein by this reference; and WHEREAS, Grantee owns adjacent property (the "Jacobson Property") described and depicted in Exhibit"B,"attached hereto and incorporated herein by this reference; and WHEREAS, pursuant to Section 6(b) of the Option Agreement, City agreed to provide two parking spaces adjacent to the Jacobson Property dedicated for its use. NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Grant of Easement: City hereby grants to Grantee, and Grantee hereby accepts from City, an exclusive easement for parking rights for the use of two (2) spaces, including ingress and egress thereto. The location of the easement shall be the two westernmost parking spaces directly across the drive aisle from the Jacobson property, as generally depicted in Exhibit "C," attached hereto and incorporated herein by this reference (the "Parking Easement"). 1 � L 3. Character and Use of Easement. The Parking Easement granted herein is appurtenant to and shall be for the exclusive use and benefit of the owner and/or leasehold owner, and the guests, employees and invitees of the Jacobson Property. The owner and/or leasehold owner of the Jacobson Property shall have the exclusive right to remove any vehicles parked in the Parking Easement. The owner and/or leasehold owner of the Jacobson Property shall also have the right to install, maintain and repair all appropriate "no parking" and/ or "tow away zone" signs or other signage indicating that such parking spaces are for the exclusive use of the Jacobson Property, subject to City's prior written consent,which shall not be unreasonably withheld. 4. Relocation. City intends to improve and reconfigure the parking lot on the City Property. In conjunction therewith, City reserves the right to provide Grantee with two (2) substitute parking spaces on the City Property adjacent to the Jacobson Property. City shall amend this Agreement to reflect the new location of the Parking Easement. 5. Termination. This Agreement and the provisions hereof shall be in full force and effect unless and until the City discontinues operation of a parking a lot on the City Property and shall thereupon terminate. 6. Indemnification. Grantee agrees to indemnify and hold City harmless from and against any and all claims, demands, damages, costs, expenses, judgments, or liability arising from Grantee's and Grantee's lessees, guests, employees and invitees' use of the Parking Easement. 7. Successors and Assigns. The provisions of this Agreement are intended to and will run with the land referenced herein and will bind, be a charge upon and inure to the benefit of the respective owners of the subject property and their successors and assigns. 8. Governing Law. This Agreement has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of California. Venue in all actions in connection with this Agreement shall be in the San Luis Obispo County Superior Court. 9. Enforceability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 10.Attorney's Fees. If suit, arbitration or other action of any type or nature is brought to enforce any of the terms and conditions of this Agreement, be it in law or in equity, the prevailing party shall be entitled to an award of its attorney's fees in addition to all other costs and/or expenses of collection, suit,arbitration and/or other action taken. 11.Authority of Parties. All persons executing this Agreement on behalf of a party warrant that they have the authority to execute this Agreement on behalf of that party. 2 12.Liberal Construction. This Agreement shall be liberally construed in favor of the grant to effect the purposes of the Agreement. If any provision is found to be ambiguous, an interpretation consistent with the purposes of this Agreement that would render the provision valid shall be favored over any interpretation that would render it invalid. IN WITNESS WHEREOF the parties has executed this Agreement the day and year first written above. CITY: Grantee: v – — "2.1/4a_e Jim ill,Mayor /Jesse Amor Jacobso Dat- Date: ATTEST.' � adtV � �� QY�G,9 Kelly W-tm.. City Clerk Date: _ 4 o APPROVED AS TO FORM: dr C44P Heather Whitham, City Attorney Date: 3 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 San Luis Obispo ) On 0,9- a 2017,before me, X-6.7/7/ j 7 - Notary ublic,personally appeared Jesse Am Jacobson,who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/atesubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her authorized capacity(ies), and that by his/her/their signature(s)-on the instrument the person(s);or the entity on 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. Signature A. r% ',1_ ?r► [Seal] `, � KITTY NORTON Commission 0 2099808 ;• Notary NM•Cal fornia z 1 n% Sart Luis Obispo County la Comm.Exliros Msr 9`2019 A 4 A portion of Lot 75 of the Rancho Corral de Piedra, Pismo, and Bolsa de Chemise' according to the map thereof recorded September 1873 in Book A at Page 65 of Maps In office of the County Recorder, San Luis Obispo County, State of California and being more particularly described as follows: Beginning at the easterly most corner of the land described in Deed to Jesse Amor Jacobson recorded August 17, 1998 as Document Number 1998- 052098, Official Records of said County; Thence along the northeasterly line thereof, N32643'391W, 97.80 feet; Thence leaving said northeasterly line, S57°21143"W, 29.98 feet to the southwesterly line of the land described in said Deed; Thence along said southwesterly line, S32°43139'1E, 96.23 feet to the southerly most corner of the land described In said Deed; Thence along the southeasterly line of the land described in said Deed, N60°23359"E, 3000 feet to the Point of Beginning and containing 2906 square feet more or less and as shown on Exhibit'B' attached hereto and by reference made a part hereof. END DESCRIPTION Prepared by: 00 MfL 'P William R. Dyer, LS 5136 , Lic. Exp. 9130!11"' Oso Date: L2/b0//4, . * L.S.51161 * EtPvr , . EXHIBIT 'A' i \// / \ \ \ / / \ \ \ 4: 4%///. / / \ ' \tea• 1.41' \ i \ 132 Le Poir St I / QC3Y House \ \ / 0 .v. e \ e // / \ 0 \ g 4/ . / ' 1,_....... \ 1. 1 k`Si✓'"ra,,,o,•.l.t‘akk4-i1/4\tia1?1:i4&.-1 \ / : at '" ` No...... .i.,,,,,t-','-- .— --<i< 'C' ' PIQ .�' \ __.A •- . __\ NusitglaAti. .; eSJ3iygr.? \ II.‘1.-474:iii-friiitr,,,,LATt.f.,...Le.%:-A4s:64.;:,;.4 \ *� s � t:0p4 POB v?rriti4:F'^4i-ci:?}sr>L� iv• ,:p:b.:., 04 4:, 441,1' \ ef Vr/. \ . 0 * e \* ,...\,...„:„..„1.\\ .. ....1 . I ,.. , ...§. „„0 1 \\ it _.-- \ . \I s ..-- . \ \ .-- . „-. , \it , , \' 0 1 30' \ / � \ ' 1 EXHIBIT 'A' ' LEGAL DESCRIPTION A portion of Lot 75 of the Rancho Corral de Piedra, Pismo, and Bolsa de Chemisal according to the map thereof recorded September 1873 in Book A at Page 65 of Maps in office of the County Recorder, San Luis Obispo County, State of California and being more particularly described as follows: Beginning at the northerly most corner of the land described in Deed to Jesse Amor Jacobson recorded August 17, 1998 as Document Number 1998- 052098, Official Records of said County Thence along the northeasterly line thereof, S32°43'39"E, 65.93 feet more or less to a point in said northeasterly line that lies 97.80 feet from the easterly most corner of the land described in said Deed; Thence leaving said northeasterly line, S57°21'43"W, 29.96 feet to the southwesterly line of the land described in said Deed; Thence along said southwesterly line, N32°43'39"W, 56.87 feet more or less to the southeasterly line of the land described in deed to the City of Arroyo Grande recorded October 20, 1986 in Book 2899, Page 910 Official Records of said County; Thence along the said southeasterly line, N35°47'00"E, 25.53 feet to the easterly most corner of the land described in said deed to the City of Arroyo __- - - —-- - Grande; Thence N60°23'59"E, 6.21 feet to the Point of Beginning and containing 1872 square feet more or less and as shown on Exhibit 'B' attached hereto and by reference made a part hereof. END DESCRIPTION Prepared by: 1AND S /l 0 U ‘1% William R. Dyer, LS 566 , Lic. Exp. 9/30/17 J �° J�¢' L.S. 5661 Date: / EXP 9/30/20vg• EXHIBIT 'B' / I / / \ \ \ t0 / / \ \. \ \ / A4'7 / \ / \ Q P.O.B. \ $ \ 60°23'59T 6.21' \ \ \ Ne •\ \ c o,,0 100.: \ 4 , `q/ t\ 4\ \ /If ,, N / / o 46\ \ a \ / / Tp. A X0,6 �y, \ F \\ \ 2 til\ \ 2 \ / 1998-OR-052098 APN 007-192-068 \moo \ \ m.., s - —\--- - ---- stat Tp 'an N. \ `2' \ \\ \ 1 \ . ‘\\Ar6 doe \ 0 30',o ilr _ \ \ i. re e Nt \ N \ o \ e .--- \ \ \ ..,- s , \ \ \ , , \\ .. , .� \ , \ \ EXHIBIT 'B' wr 0 0 •0,,,,,,,,,L r ,,, ,S i; S • 0/011e''' Pi" \ ' , . . . _ . _ ' . ilmok. 'SO 'V- re ..- 'ilifil;.. .I[Th 8 . . , *, ♦ - . , . _ ry, li,. 6-.AIN ,,,,,,,,„ at . . - , . *-- . . '-‘, /. It M2 r \ s N ...,*fill' ''''' 4 . ' C . ....?....#.**J 04v _ iitily 'k .r.' A s• f'f A N (it- r` ../......".. \\*"...#"" 100 lie ., .. 6,- ,_,, s' , „,„ 'Ill N. y , i . EXHIBIT 'C' \>,.., 446.111 ESV •r 9. • ..