HomeMy WebLinkAbout2017-015975 2017015975
Tommy Gong
RECORDING REQUESTED BY AND San Luis Obispo - County Clerk-Recorder
WHEN RECORDED RETURN TO: 04/12/2017 11:22 AN
Recorded at the request of
City of Arroyo Grande PUBLIC
City Clerk Titles: 1 Pages: 10
300 East Branch Street Fees: $0.00
Arroyo Grande, CA 93421 Total: $0.00
IIII '�
IngEfill111
EASEMENT AGREEMENT
This Easement Agreement ("Agreement") is made and entered into by and between the
CITY OF ARROYO GRANDE, a municipal corporation of the State of California
(hereinafter referred to as "City") and 1189 FLORA ROAD, LLC, a California limited
liability company (hereinafter referred to as "FLORA").
RECITALS
WHEREAS, FLORA is the owner of various rights reserved, in favor of FLORA, in certain
real property located in the City of Arroyo Grande as said real property is more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference (the
"Property");
WHEREAS, City desires to acquire a pedestrian and bicycle public trail easement across
the Property (the "Trail Easement') for purposes of providing non-motorized, non-
vehicular Pedestrian and bicycle access to Strother Park, which park lies adjacent to the
Property; and
WHEREAS, City desires to further acquire a temporary easement on the Property for
purposes of construction and staging, relative to the construction of the Trail Easement
and for purposes of the construction of a bridge and/or pathway connecting the Trail
Easement to Strother Park (the "Connecting Improvements").
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
1 OF 4
2. Trail Easement: FLORA does hereby grant to City, and City hereby accepts from
FLORA, a non-exclusive pedestrian and bicycle access easement (the "Trail
Easement") approximately fifteen (15) feet in width over, upon and across the
Property as said Trail Easement is more particularly described and depicted on
Exhibit"B" attached hereto and incorporated herein by this reference.
3. Bridge Access Area: In addition to the Trail Easement, FLORA does further hereby
grant to City, and City hereby accepts from FLORA, a non-exclusive easement for
pedestrian and bicycle access over, upon and across the portion of the Property
marked as "Bridge Access Area", which area may be improved by City with
portions of a bridge or other similar access feature for pedestrian and/or bicycle
access spanning the existing riparian area and connecting directly to Strother Park.
The Bridge Access Area is more particularly described and depicted on Exhibit"B"
attached hereto and incorporated herein by this reference
4. Use of the Easement: The Trail Easement and Bridge Access Area shall be used
only for Pedestrian and Bicycle access to Strother Park. There shall be no use of
the easements by motorized or engine powered vehicles or equipment
whatsoever, and all easement improvements shall be designed and installed by
the City so as to effectively limit all uses of the easements as herein set forth.
5. Easement Improvements: The parties further acknowledge and agree that the City
shall construct all improvements within and upon the easements as required by
the City, subject to the use restrictions herein set forth. In addition to the Trail
Easement and Bridge Access Area, the City shall have an easement to access,
construct, install, improve, maintain, operate, and repair any such. improvements
as City determines necessary or appropriate, provided that such work does not
unreasonable interfere with the quiet enjoyment of the Property by the owners of
the Property (the "Owners") or their tenants. The easement surface, other than
the Bridge Access Area improvements, shall at all times consist solely of pervious
materials.
6. Type of Easement: The easements herein described above shall be non-exclusive
and in gross.
7. Construction of Improvements. For purposes of the initial construction of the Trail
Easement improvements, The City shall further have a temporary license to enter
upon the Trail Easement and Bridge Access Area for the purpose of storing,
equipment, tools, and other materials, and performing work related to the
construction of the Trail Easement improvements (the "Improvements"). During
the construction of the Improvements, the City shall maintain these areas and all
of the adjacent Property subject to this agreement in a good and clean condition,
free of all trash and debris and any hazardous waste or other materials generated,
used, maintained or otherwise brought to the Property by the City, or any of the
2OF4
City's agents, employees or contractors. The City shall have the right to
temporarily fence the Trail Easement and Bridge Access Area, provided that (x)
such fencing shall not in any way interfere with the farming or agricultural activities
at the Property upon which these areas are located, or (y) the rights and quiet
enjoyment of the Owners or their tenants. In the event that the City installs any
such temporary fencing, the City shall remove said fencing upon completion of the
construction of the Improvements (the"Completion"). This temporary license shall
be extinguished and expire upon the Completion or following the passage of
eighteen (18) months from the commencement of the construction of the
Improvements, which ever first occurs. The City shall indemnify and hold the
Owners and their tenants harmless from and against any injury, claim, loss,
damage or expense (including reasonable attorney's fees) for any personal injury
or property damages arising out of its use of this license, except for such claim,
loss, damage, or expense which arises out of the gross negligence or the
intentional misconduct of the Owners, their tenants, agents, employees or
representatives.
8. Successors and Assigns. All of the provisions, agreements, rights, covenants and
obligations in this Agreement shall be binding upon and shall burden and inure to
the benefit of the parties hereto, their respective heirs, successors and assigns.
9. Attorney's Fees. If any legal action or proceeding arising out of or relating to this
Agreement is brought by either party to this Agreement, the prevailing party shall
be entitled to receive from the other party, in addition to any other relief that may
be granted, the reasonable attorney's fees, costs and expenses incurred in the
action or proceeding by the prevailing party.
10. Governing Law and Venue. This Agreement shall be construed and enforced in
accordance with, and governed by, the laws of the State of California. The parties
hereto agree that all actions or proceedings in connection with this Agreement shall
be tried and litigated in the Superior Court located in the County of San Luis
Obispo, State of California.
11. Severability. If any term or provision of this Agreement is determined to be illegal,
unenforceable, or invalid in whole or in part for any reason, such illegal,
unenforceable, or invalid provision or part thereof shall be stricken from this
Agreement, and such provision shall not affect the legality, enforceability, or
validity of the remainder of the Agreement. If any provision or part thereof of this
Agreement is stricken in accordance with the provisions of this section, then such
stricken provision shall be replaced, to the extent possible, with a legal,
enforceable, and valid provision that is as similar in tenor to the stricken provision
as is legally possible.
12. Counterparts. This Agreement may be executed in two or more counterparts, each
30F4
of which will be deemed an original, but all of which together will constitute one
and the same instrument.
IN WITNESS WHEREOF, this Agreement is hereby executed by said owner and City on
the day and year first written above.
CITY: jaw 1189 FLORA ROAD,LLC:
tellavkqui
111\I�1
Robert McFall, .ctin. C anager By Tompkins Trust
Dated November 14, 2007
l Y:„ Managing Member,
p .,',.ii ; Nicholas J.Tompkins,Trustee
\N,t1P ► r i; / i
;:::fi -lly;W- .fie,City Clerk
4,�r,,'................•``•
�41tPROVED AS TO FORM AND LEGAL
EFFECT:
eather K. Whitham,City Attorney
- I
40F4
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 )
) ss
COUNTY OF SAN LUIS OBISPO )
On Marc i 27�2017 (date),before me, I i I stele A •Tomp kf nS,Notary
Public, personally appeared l'Jt?iiola.s a: Tom p Ken S
who proved to me on the basis of satisfactory evidence to be the person) whose name( is
subscribed to the within instrument and acknowled ed to me that(fie yfe/they executed the same in
44) r/thOir authorized capacity(i$), and that by Q�r/thf r signature( j on the instrument the
person(,91 or the entity upon behalf of which the person(81 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.
MICHELE A.TOMPKINS
r[f Commission#2107918 = I
; $ Notary Public-California
\-r n% San Luis Obispo County
(Seal) Conn;E res Ma 5,2018
•
Description of Attached Document
Title or Type of Document: EQSQ.►Ylef(lt tb ree m.ev t,
Document Date: Marat 2y, 20(7
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 )
) ss
COUNTY OF SAN LUIS OBISPO )
1 �
On 4,44/ ;5p940/7 (date),before me, 16.7/. / 7ori t. ,Notary
Public, perso ally appeared 406 er `t7Ofar//
who proved to me on the basis of satisfactory evidence to be the persons whose name( is/ace,
subscribed to the within instrument and acknowledged to me that he/ efthey executed the same in
his/iteritheir authorized capacity , and that by his/IteBititeir signatures on the instrument the
persons 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.
KITTY NORTON
Commission 4,2099808 •
Xj4,.
(Seal) Hoary Public-CalHornis
a z .r; SIM Luis Obispo County!ono._ Iros Mu 9 2019
Description of Attached Document
Title or Type of Document:
Document Date:
EXHIBIT "A"
PARCEL 1 OF PARCEL MAP AG-79-022, IN THE CITY OF ARROYO GRANDE,COUNTY OF SAN LUIS
OBISPO,STATE OF CALIFORNIA,ACCORDING TO THE MAP RECORDED JUNE 10, 1982 IN BOOK 32, PAGE
25 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
i
•
EXHIBIT"B" •
LEGAL DESCRIPTION
A portion of Parcel 1 of Parcel Map AG-79-022, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded June
10, 1982 in Book 32, at Page 25 of Parcel Maps, in the Office of the County
Recorder of said County described as follows:
STRIP #1: THE BRIDGE ACCESS AREA
A strip of land 30.00 feet wide lying northeasterly of the following described
sideline:
Beginning at the most westerly corner of said Parcel 1 being the northwesterly
terminus of the line in the southwesterly boundary of said Parcel 1 noted as
"N40°32'34"W 262.74"'on said Parcel Map; thence along said southwesterly
boundary
1. South 40°33'42" East (South 40°32'34"West per said Parcel Map), 55.76
feet to a point hereinafter referred to as Point"A" and the Point of
Terminus.
The northeasterly sideline of said strip should be prolonged so as to begin on the
northwesterly line of said property.
The above described Strip #1 contains 1718 square feet more or less.
STRIP #2: THE"TRAIL EASEMENT"
A strip of land 15.00 feet wide lying northeasterly of the following described
sideline:
Beginning at aforesaid Point"A"; thence along the southwesterly boundary of
said Parcel 1
1. South 40°33'42"East (South 40°32'34"West per said Parcel Map), 207.02
feet to the beginning of a tangent curve concave northeasterly having a
radius of 385.00 feet; thence along the arc of said curve
2. through a central angle of 22°05'16"an arc length of 148.42 feet to the
Point of Terminus.
The northeasterly sideline of said strip terminate at a radial line of said curve.
The above described Strip #2 contains 5288 square feet more or less.
Tuesday, October 06, 2015; 11:47 AM Page 1 of 2
M:\15-019 1189 Flora Road-Arroyo Grande\Legal Descriptions\15-019 Flora Pedestrian Easementdocx
Randy Ellison,157065
The above-described Strip #1 and Strip #2 are shown graphically on Exhibit
"B-1" attached hereto and made a part hereof.
* * \_AND
.$)(
o
--J .- 0 M)
\,rLIC. NO 5702/ ,t
\‘k i
-F CALS1/ I
_ILI /D --6 .?o/`j1
Mic'�el B. Stanton, P.L.S. 5702 Date
I
i
l
j
i
1
. i
i
i
I
1
i
i
I
i
i
i
1
Tuesday, October 06, 2015; 11:47 AM Page 2 of 2
M:\15-019 1189 Flora Road-Arroyo Grande\Legal Descriptions\15-019 Flora Pedestrian Easementdocx
Randy Ellison,L57065
EXHIBIT " B - 1 "
v•
•
•
°&A, G °,
C\ * F� j +
v�(\ \- S46'07'44"E 78.00'R ) I
��('/1�/ G2P 4°'
S46'03'52"E 70880,0'M !
C// ."...//,\T
ry`C cY O oc, 501
4,0
0. ry 540'33'42"E
��5 � P.O.B. ? ,_ 55.76' STRIP #1: rC rit
STRIP #1 THE BRIDGE ACCESS AREA
,o
6 x. 4
—" A' "� A 32 P M
2 .�r o �p0.
+0 , /�� oo° ., _N__ \ 4 sF° T�A 9.99 AC
o 4 /o°tit,=sA�, LEGEND:
8 POINT "A" // "��R� �� \ R RECORD PER 32—PM-25
P.O.T. STRIP #1 A- M MEASURED
X P.O.B. STRIP #2 / k ? N3s\ \ P.0.8. POINT OF BEGINNING
W �/ ?6�2>F��� \ P.O.T. POINT OF TERMINUS
/ A%p41 .0 , STRIP #2:
==N-:.:.. THE "TRAIL EASEMENT"
0
g \ Ngo \ e=22'05'16" °�'�°F
\ M)S. R=385.00' �P9i Fq
\\ "� L=148.42' •��'9psF�
it \ _'='�
c), 0(c•4F�L1
\
9�j.71 P.O.T. -1.-
A \\ eA / STRIP #2
'15.."
10' IRRIGATION WATER \\ / Q /
u UNE EASEMENT PER 9 MB 32
\ �Z/ 0=58'04'00"M
\\ / R=385.00'M
e=58'06'25 R
1 o
\\ / Q R=385.00'R
7. -. / L=390.45'R
\ ;
GRAPHIC SCALE / \/ I J7
80 0 40 80 160 TRACT 600
1 inch = 80 feet / \ M BC T \ • \ 32 i
N
j
., „, ' ,-_ 't' - MICHAEL B. STANTON, PLS 5702
'``°„ '5'P'"'�'L= 3563 S U ELDO ST. UNIT 0
"'• ''` -- - a `.,,,,= SAN LUIS OBISPO, CA 93401
:[•Aivb••SUn.vEYs:= 805-594-1960
October 6, 2015 JOB #15-019
END OF.DOCUMENT