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Home My WebLink About2017-035913 -- 2017035913 Tommy Gong San Luis Obispo - County Clerk-Recorder 08/11/2017 04:30 PM Recorded at the request of PUBLIC RECORDING REQUESTED BY Titles: 1 Pages 11 AND WHEN RECORDED Fees $51 00 RETURN TO: Total $51000 City of Arroyo Grande City Clerk 'III F REMNE ;r' KIII II I 300 East Branch Street Arroyo Grande, CA 93420 EASEMENT AGREEMENT FOR RELOCATION OF EXISTING PUBLIC UTILITIES EASEMENT THIS AGREEMENT, is made this 21st day of April 2017, by Harshad Panchal and Vina Panchal, Anil Panchal and Kamina Panchal, and Raj Panchal and Urvashi Panchal; hereinafter called "Offeror", and the City of Arroyo Grande, a California municipal corporation, hereinafter called "City" WHEREAS, Offeror desires to record Lot Merger 15-004 for a Conditional Use Permit (CUP) 15-007, a hotel project within the service area of the City; and, WHEREAS, on December 1, 2015, the City Planning Commission approved Lot Merger 15-004 and CUP 15-007 to merge six (6) lots for the development of a fifty-four (54) room boutique hotel and associated improvements; and WHEREAS, City owns the current easements located on Offeror's property; and, WHEREAS, Offeror is required to relocate existing public utilities easements to construct the project in a manner consistent with approval; and, WHEREAS, Offeror desires to offer necessary easements and City desires to release interest in certain easements. NOW, THEREFORE, said Offeror and City hereby covenant, promise and agree as follows: 1 The Offeror is the owner of the property described in Exhibit A. 2. The Offeror does hereby irrevocably and in perpetuity offer to City the public utilities easement over the area depicted in Exhibit B. The purpose of said easement shall include installation, operation, inspection, maintenance and replacement of the project dry utilities. 3. The City, in order to facilitate the release, shall vacate and abandon all interest in the area depicted on Exhibit C, being a portion of that "Blanket Public Utilities Easement (Onsite Utilities)" as described in Document 2014-009402, located within Parcel 2 of Lot Merger 12-001, effective upon City acceptance of new public utilities easement over the area depicted on Exhibit B. 1 L:\17831 AG Branch Street Hotel-NKT\Survey\Merger 15-004\5x-Blanket PUE\PUE Agreement_A.doc EASEMENT AGREEMENT 4 The Offeror does hereby agree to indemnify, defend, and hold harmless City and accept liability associated with abandoning a portion of the current public utilities easement in order to facilitate the release in interest by City 5. The Offeror agrees that this offer and agreement has been made for a valuable consideration, receipt of which is hereby acknowledged. 6. The Offeror agrees that this agreement is irrevocable and perpetual and shall be binding on its heirs, legatees, successors, and assignees. 7. IN WITNESS WHEREOF, this Agreement is hereby executed by said Offeror and City on the day and year first written above. CITY: • JI HILL, MAYOR ATTEST: / � / KELLY ET •RE, CI CLERK APPROVED AS TO FORM: HEATHER WHITHAM, CITY ATTORNEY 2 L:\17831 AG Branch Street Hotel-NKT\Survey\Merger 15-004\5x-Blanket PUE\PUE Agreement_A.doc CALIFORNIA NOTARY ACKNOWLEDGEMENT 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 Sa.n s Obi.Stoo 1 ' • 1 - /1 I Clef On 1 -2-6 j l before me, cr 'tt < <j LJ tot ort ,C2` Tom( CA r k J inn4. (Insert the name and title of the officer) personally appeared 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. "ARO kb WITNESS my hand and official seal. 0'1)9 11 Signature La 1��_ (SEAL) .pt duo 10.1911, e4LFOR0 EASEMENT AGREEMENT OFFEROR C) c U o nU • 1^1 . Rorkahckt__ Harshad Panchal Vina Panchal k ii CUAC-L.J., I) Ik_ - T. - 4111 C 1 1 Anil Panchal Kamina Panchal - cJ YY\\Y\- pckmC / (..,-----FM 111—"ti e. 104, 12_ Raj `anc - Urvashi Partullal 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 ) !J On Apr:I 1 el 22/7 before me, ('T isWtaul4S-l1.a4arN f-Lth jgC , Notary Public, personally appeared /4-a�rrRail /tach t( , who 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 he executed the same in his authorized capacity, and that by his 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. Signature (� J (Seal) .r C. DASMANN � '� ,..�.�, : Commission #2068109 z 1.;®` Nr Notary Public-California E fr Zy San Luis Obispo County 1. s$ My Comm.Expires May 13,2018 3 L:\17831 AG Branch Street Hotel-NKT\Survey\Merger 15-004\5x-Blanket PUE\PUE Agreement_A.doc EASEMENT AGREEMENT 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 /-XPi-( l% . 70/7 before me, e. afvvta.vlv,4u•tvtry Rsblr'L , Notary Public, personally appeared 6116L_ Pancha who 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 he executed the same in his authorized capacity, and that by his 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. C. DASMANN WITNESS my hand and official seal. : " '` commission #2068109 ; Notary Public-California z z `�"' 8 San Luis Obispo County al /� My m Com.Expires May 13,2018 c/ Signature r (Seal) 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 O" ! CI 49-d/7 before me, g- i- VI f vlb/r C Notary Public, personally appeared And( 'o11cha" who 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 he executed the same in his authorized capacity, and that by his 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. ` C. DASMANN I - Commission #2068109 < Notary Public-California �, ,, �, _ •. > Signature (ll`v '�\ (Seal) . My Comm.Expires May 13,San Luis Obispo County 2018 ssr- - 4 L:\17831 AG Branch Street Hotel-NKilSurvey\Merger 15-004\5x-Blanket PUE\PUE Agreement_A.doc EASEMENT AGREEMENT rA 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 Apn-t y9. 2C17 before me, ecOaSmct,vw\ .may �/I c t' i 1041 r C , Notary Public, personally appeared ga nil NIA Pan cha( , who 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 he executed the same in his authorized capacity, and that by his 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 myhand and official seal. t.....„ C. DASMANN Commission #2068109 I .=m: i�, a ., Notary Public•CaliforniaCalilorniz /� z `L- San Luis Obispo county n 1. (Seal) My Comm.Expires May 13,2018 Signature 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 ALA.niO3 .\.. ) County of San Luis Obispo ) On als'-' APR•r,c G-S l'1- before me, k4u 1LsHoc, angti /04I-P N , Notary Public, personally appeared (R-P3 C r*Nown l , who 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 he executed the same in his authorized capacity, and that by his 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. - - — - - ,. MURSHAD BOBBY KHAN r Notary Public-California ( �.�� `4 "%a. Alameda County z Signature (Seal) z %x fl Commission M 2149690 __ C20 E 5 L:\17831 AG Branch Street Hotel-NKT\Survey\Merger 15-004\5x-Blanket PUE\PUE Agreement_A.doc EASEMENT AGREEMENT 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 -m et% ) County of San Luis-Obispe• On 9164' SMR K • da F- before me, Ka H 0 1 ben-/ rel , Notary Public, personally appeared U.RVA-ad-i ftW C !I A–L — who proved to me on the basis of satisfactory evidence Co be the person whose name is subscribed to the within instrument and agpwledged to me thatshe executed the same in his a thorized capacity, and that by his 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 s-•- MURSHAD BOBBY KHAN �, .v Notary Public•California Alameda County It a; ♦ tw% Commission N 2149690 M Comm.Es tree Ma 17,2020 Signature \=J� (Seal) _� _ _r_ _ _ _ 6 L:\17831 AG Branch Street Hotel-NKT\Survey\Merger 15-004\5x-Blanket PUE\PUE Agreement_A.doc 11/29/16 CF/BC EXHIBIT 'A' A parcel of land located in the City of Arroyo Grande, County of San Luis Obispo, State of California being more particularly described as follows: Beginning at a point in the northeasterly line of that property described in deed to Wm. Hemphill, filed for record May 15, 1876 in Book H, Page 425 of Deeds, at the most northerly corner of Lot 5 according to Map of Property of J.S. Harden, Esq. filed for record November 27, 1901 in Book B, Page 9 of Maps, said point being distant North 29°00'00" West 156.00 feet from the most easterly corner of said Lot 5 as shown on said map; thence along said northeasterly line South 29°00'00" East 89.00 feet to the True Point of Beginning; thence North 61°00'00" East 75.00 feet to a point in the southwesterly line of Block 39 according to map of Beckett's Crown Hill Addition filed for record June 19, 1904 in Book A, Page 57 of Maps; thence along said southwesterly line of Block 39, South 29°00'00" East 61.00 feet to the northwest corner of Lot 9 of said Block 39; thence along the northwesterly line of said Lot 9,North 61°00'00" East 80.46 feet to the southwesterly line of Tally Ho Street according to said map of Beckett's Crown Hill Addition, said Talley Ho Street having been vacated October 1, 1947 per City of Arroyo Grande Resolution No. 167 filed for recorded November 20, 1953 in Book 734 of Official Records at Page 255; thence at right angles to the centerline of said Tally Ho Street North 61°00'00" East, 30.00 feet to said centerline; thence along said centerline South 29°00'00" East 237.50 feet to the northwesterly line of Branch Street according to said map; thence along said northwesterly line South 61°00'00" West 30.00 feet to the most easterly corner of Lot 3 of said Block 39; thence along the southeasterly line of said Lot 3 and the southeasterly lines of Lot 2 and Lot 1 of said Block 39, South 61°00'00" West 80.46 feet to the most southerly corner of said Lot 1; thence continuing along the northwesterly line of Branch Street, South 61°00'00" West 75.00 feet to a post marked "W.H No. 2" at the most easterly corner of said property described in deed to Wm. Hemphill; thence along said northeasterly line of said property North 29°00'00" West 298.50 feet to the True Point of Beginning. TOGETHER WITH that 19.00 foot strip of land lying southeasterly of the northeast prolongation of the southeast line of Harden Street according to "Map of J.S. Harden, Esq." filed in Book'B' of Maps at Page 9, in the office of the said County Recorder. Said parcel of land being Parcel 2 of Merger 12-001 in said City of Arroyo Grande per document entitled "Notice of Merger and Certificate of Compliance" recorded March 11, 2014 and filed as Document No. 2014009400 of Official Records in the office of the said County Recorder TOGETHER WITH Lots 10, 11, 12, 13, 14 and 15 and the westerly 30 feet of the northerly 150 feet of Tally Ho Street in Block 39 of Beckett's Crown Hill Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 19, 1905 in Book A,Page 57 of Maps, in the office of the County Recorder of said County (continued...) L:\17831 AG Branch Street Hotel\SurvcyVderger 15-004\Grant Deed\Merger 15-004_Exhibit A.doc 11/29/16 CF/BC EXHIBIT 'A' (continued) TOGETHER WITH Lots 20, 21, 22, 23, 24, 25 and the easterly 30 feet of the northerly 150 feet of Tally Ho Street in Block 38 of Beckett's Crown Hill Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 19, 1905 in Book A, Page 57 of Maps, in the office of the County Recorder of said County L:\17831 AG Branch Street Hotel\Survey\Merger 15-004\Grant Decd\Merger 15-004_Exhibit A.doc EXHIBIT "B " BLANKET PUBLIC UTILITIES EASEMENT LE POINT rw 6.00' PUBLIC UTILITIES EASEMENT PER SEPARATE DOCUMENT i r LOT A4 POR LOY 7 PARCEL / 000. 2011-059843 PARCEL J m oiQga MERCER J5--OC4 ,4, POR LOT 9r m�vo J \A v �y6 LDY a ,_ , I—, / HARDEN STREET �O W V j UNNAMED 0177 OP ARROYO GRANDE 112013-0422181r U STREET GOC. 92013-0422/7; qq .1 #2013-042219 `- S L �s�o RTED) E:1 ET :-. 1 r o N EMAINL 1[ !c C. 2014009400 II„ 1 -1 E754 T/"1 .1 ;;-1: i ry ti 60 30 0 60 tiff w�; GRAPHIC SCALE. 1"=60' _ 6.00' PUBLIC UTILITIES EASEMENT PER DOC 2014009402 TO REMAIN BRANCH STREET O OFFER OF DEDICATION FOR BLANKET PUBLIC UTILITIES Sip A N D Sp9 le EASEMENT OVER ALL AREAS OUTSIDE OF THE FUTURE �. G�51 t E. F,P G. BUILDING FOOTPRINT AND OUTSIDE OF SEPARATE 6'v. ' ----. / / ` G P PUBLIC UTILITIES EASEMENTS. ✓'l. N0. 8311 RICKal 9J ENGINEERING COMPANY F or C A`�Fp N i immimmim SL - Y a i EXHIBIT "C" PORTION BLANKET PUBLIC UTILITIES EASEMENT (ONSITE UTILITIES) TO BE VACATED II b A 0 0 ' LOT // 1� 3�Al \ . vo'<y \\ 1/0'1\ S I 0�pe9 \ (� 6 A LOT /0 6.00' PUBLIC UTILITIES EASEMENT PER 2014009402 TO REMAIN HARDEN STREET I C. r UTILITIES EASEMENT WITHIN PARCEL 2 OF MERGER 12-001, TO BE O VACATED/ 'in3 A I , i MERGER 12-001 D PARCEL l PARCEL 2 't. UI _ �L 1 E O I z3 cn N� ;o Ln m I EXISTING —I BUILDING , o , a I ` E BLANKET PUE PER DOC 2014009402 TO REMAIN 6.00' PUBLIC UTILITIES EASEMENT P ON PARCEL 1 PER 2014009402 TO REMAIN i EAST BRANCH STREET a h 1 1 1 S 0 m U Q 7f m AND E� SL GRAPHIC SCALE ,=5G,`S� I e :�..�`// 30 /.../9 01 / ' 1�� WI RICK s NO. 835. ' 4 ( IN FEET ) fitF d a ENGINEERING COMPANY 1 inch = 60 ft. d of ciA. a IIMINIII l E END OF DOCUMENT