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Home My WebLink AboutGordon Dixson Trust RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: MICHAEL E. ZIMMERMAN, INC A LAW CORPORATION 227 EAST BRANCH P.O. BOX 970 ARROYO GRANDE, CA 93421 EASEMENT AGREEMENT Irrevocable Easement for Public Use Only This Easement Agreement ("Agreement") is entered into on flat ,S , 2017, between SARA L. DICKENS and MARIANA MCCLANAHAN, Co-Trustees of THE GORDON F. DIXSON TRUST, hereinafter sometimes referred to as "the Trust," and the City of Arroyo Grande, hereinafter referred to as"the City? RECITALS WHEREAS, Trust owns -a 6'3" foot wide portion of real property which extends approximately 82' between the City-owned rights of way of Branch Street and Olohan Alley (the `Trust Property"), all as more fully described and depicted upon Exhibit "A," a map and diagram attached hereto and made a part hereof by reference; and WHEREAS, on May 14, 1986, Trust granted to City a revocable easement for right-of- way purposes in the Trust Property to be used for pedestrian access between Branch Street and Olohan Ally, which could be revoked and terminated upon six months written notice; and WHEREAS, the City improved said revocable easement for right of way with hardscape and it has been used for pedestrian access and maintained by City continuously since that time; and WHEREAS, City desires to continue to use and-.Maintain said portion of the Trust !-J Property as a pedestrian access right of way between Branch Street and Olahan Alley in perpetuity; and 1 WHEREAS, Trust is willing to grant the City an irrevocable easement for right of way in the Trust Property, subject to the terms and conditions set forth hereinafter. NOW THEREFORE, in consideration of the foregoing and the following mutual promises, terms, covenants and conditions the parties agree as follows: 1. The Trust warrants that it has the power to grant the easement interest conveyed herein. 2. The Trust grants to the City an irrevocable easement for right of way purposes, approximately 6'3" in width and extending approximately 82 feet in length from Branch Street to Olohan Alley, located between 130 and 132 Branch Street, Arroyo Grande, as more fully described and depicted upon Exhibit "A," attached hereto and incorporated herein by reference. 3. Said easement shall be used only for public pedestrian access purposes. 4. The City shall maintain said easement in a condition suitable for its intended use. 5. The City shall hold the Trust harmless from any and all claims for damages or liability arising from the use of the easement granted herein, except those damages arising from the sole active negligence of the Trust. 6. The easement granted herein may only be terminated by agreement of the parties. 7. The City will pay for all repairs, all maintenance, and insurance for said easement. 8. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing signed by the party to be charged. 9. This Agreement shall run with the land, and shall be binding upon all successors in interest to the parties hereto, provided, however, that the City shall have no right to assign its rights hereunder to any private party 10. The recitals set forth in this Agreement are true, correct and valid and are incorporated herein by this reference. [Signatures on following page.] 2 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. Executed on 6-- / 1 , 2017 at Arroyo Grande, California. CO-TRUSTEES: CITY OF ARROYO GRANDE: /0—ZrSARA L. DICKENS By: s A � r✓1v r %� / ATTEST: _ ' '/ 0.„.„2 e b A4 L /_ .`Lj MARIANA MCCLANAH N City Cle / APPROVED AS TO FORM: eather K. Whitham, City Attorney 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 Los )ss. �jele!' ) On 5- 5 , 2017 before me, aCtd.t) ypt_ Gra yyttnSun , a Notary Public in and for said State, personally appeared SARA L. DICKENS, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to- me that they executed the same in her authorized capacity, and that by her signature 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 _._ _ _ __ _ _ NOTARY SEAL „„.� JADE MARIE GOOOMANSON ' �,,JJ �� Cammisslon#2113020 £ c , z ,fir Notary Public-California z Notap�/ Public Los Angeles County v_ My Comm.Ex ires May 24,2019 9 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 0retV1o .- ) On 5 /9 , 2017 before me, Mickap I 0,,,AVoi , a Notary Public in and for said State, personally appeared MARIANA L. MCCLANAHAN, known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in her authorized capacity, and that by her signature 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. - NOTARY SEAL - , MICHAEL J.CONROY . cK Notary Public-California Not PUbli ; •-'?x• Orange County g n` Commission r 2172013 1—_—— Mt Com .!at ns_ft 17 o .2020— ; 4 m 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 San Luis Obispo ) On Of—' /7— 0101 7 before me, JCI nor/on, /lo7ani %di , Date Name and Title of Offer personally appeared J-.2inC5 A . Sevin-Jan.. Name(s) of Signer(s) ✓ �^ who proved to me on the basis of satisfactory evidence to be the person(/' whose name() is/are subscribed to the within instrument and acknowledged to me that he/cho/t12ey executed the same in his/hcr/thcir authorized capacity(iee, and that by his/her./their signature(e) on the instrument the person(e), or the entity upon behalf of which the person(e}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 /C is / /n �f nature of Notary Public KITTY NORTON 44�)' Commission 12099809 ;' Nobly Public•California I / Nn luls OENpo County __I Comm E�lte Mar 9`2019 (Notary Seal Above) EXHIBIT "A" 5 EXHIBIT A 77 WALKWAY EASEMENT . - 4ir 0 + 0.0.„ 4 # . , 0 . ' • . ' _,,4 , „ , • , _ • . - • - r610 () CO 0 V- LC) , Lo 0 0 . 0 0 : 0" 1.. " C) • C) C) ri Nr • . -**100101V. NT , NI- edN. 4 , CD 0 . ,1 '• 4 0 , .:. . .- . i . H , . 1 ,..::: 1 II° 44 OLOHAN ALLEY,. 141 , , WI illOw 441110. 0 4 0 20 FEET . PR" ilk .10 . ' 1