HomeMy WebLinkAbout2006-019685�
,..� JULIE RODEI�D
San Luis Obispo Co nry— ClerklRecorder
NaooMsd at Ihe repuasl oi
Public
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City of Arroyo Grande
PO BOX 550
Arroyo Grande, CA 93421
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3l22/20U8
10:33 AM
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GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT made this $��4� day of $� y�,l.�rnhe✓ , 2005 by and
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between the CITY OF ARROYO GRANDE, (ttte "CITY"), and owner of an easement and
right of way (the "easement") in the real property described as 201 Garden Street, Arroyo
Grande, California, Assessors Parcel Number 007-Sll-011, (the "property") and Gregory and
Jan Berdar, owner of the fee interest in the property (hereinafter referred to as "LICENSEE").
WHEREAS, LICENSEE's predecessor in interest has constructed certain improvements
on the property which encroach into the easement including a wooden fence, masonry retaining
wall, and a portion of the gazage (the "structures") as generally depicted in Exhibit "A" and "B"
on file with the City of Arroyo Grande.
WHEREAS, CITY is willing to allow the structures to temporarily remain so long as
they do not interfere with, or cause damage to, the use, maintenance and operation of the
easement and/or the facilities and improvements located therein.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
parties agree as follows:
1. CITY hereby grants to LICENSEE a license to allow the structures to remain in
their current location in the easement, subject to the following terms and conditions:
a.
LICENSEE shall submit as built plans and specifications for the
structures to CITY:
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b. During construction or modification of the structures, LICENSEE shall
comply with any and all instructions and guidance from CITY intended to prevent interference
with or damage to the easement and facilities located therein;
c. LICENSEE agrees to remove the structures should CITY so request in
order to gain access to the easement or conduct maintenance or repair of facilities located within
the easement, or to replace any such facilities; LICENSEE shall remove the structures within
thirty (30) days of written notice, unless CITY notifies LICENSEE of an emergency
necessitating removal in a shorter time period. Should LICENSEE fail to remove the structures
within the time frame specified by CITY, C1TY, in its sole discretion, may elect to remove the
structures and any other encumbrances affecting the easement or facilities therein and recover all
costs and expenses for such removal from LICENSEE.
d. LICENSEE agrees to pay for any and all costs for the maintenance, repair
or replacement of the easement or facilities located in the easement resulting from or caused by,
in whole or in part, the construction, operation, maintenance or repair, or location of the
structures within the easement;
2. LICENSEE agrees to hold harmless and indemnify CITY from any and all
liabilities, damages, costs, claims, causes of action, complaints or proceedings of any kind or
nature arising or alleged to arise from the construction, operation, maintenance or repair, or use
of the structures by LICENSEE, his agents, contractors, assigns or successors in interest, of any
kind.
3. CITY may immediately revoke this License without notice for a breach of or
failure to comply with any of the terms and conditions set foRh herein; CITY may revoke this
License without cause upon sixty (60) days written notice to LICENSEE in order to utilize the
property for any public purpose allowed within the terms of the easement grant.
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4. This Agreement shall be binding upon the successors in interest of any kind to the
property.
5. 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 attomey fees.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
ATTEST:
KELLY �
City Clerk
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dA.Y 10.
APPROVED AS TO FORM:
�.
T OTH . CARMEL, City Attorney
[All signatures must be notarized]
CITY OF ARROYO GRANDE
By: , �����_ .
ST E ADAMS, City Manager
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CALIFORNIA
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ACKNOWLEDGEMENT
STATE OF CALffORNIA
COUNTYOF�p� U.��SC�Bis'PO �
On 9� a 8/ oS betore
DATE
personally appeared,
w� r LNI N4E.Yt N o p��2ti f ua c.� �. ,
personally known to me (or pioved 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/herttheir authorized capaciry(ies), and that by his/hedtheir
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) aMed,
executed ihe instrument.
WITNESS my hand and official seal.
DEBORAH LEE WEICHINGER
�( n._ � � Commission A 1384436
NKK9 7lt.Cl .� P.(C,�ZI/�f�• �S`�L� � Notary Public - Callfomla �
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NOTARY PUBLIC SIGNA RE Son Luis Obispo County
My C.omm. E�resDec 11.2006
OPTIONAL INFORMATION
TT71.E OR TYPE OF WCUMEN'f �
R�c. PR-oPEr�zy- ao
DATE OF DOCUMENT ��
z.zovo t,����v�c.� 3 1Jin�
NUMBER OF PAGES
SIGNER(S) OTHER THAN NAM£D ABOVE S�f? � 2 Al3�piW'
�pG L�c.Enar ��Ab2Er�m�Nr A �F��t��u
END OF DOCUMENT