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Home My WebLink About2008-012927��o�N��v� AND WHEN RECORDED RETURN TO: City of Arroyo Grande City Clerk P.O. Box 550 Arroyo Grande, CA 93421 JULIE RODEIA►"a.D San Luis Obispo f,�ty—Clerk/Recorder flecorded al ihe requast of First American Title Company DOC#: � 2008012927 IIIIIIIIIIIII III MEL 3/17/2008 8:08 AM Ti[les: 1 Pages: $ Faes 2e.00 raxes o.00 ome� o.00 raio $2e.00 SEWER EASEMENT AGREEMENT THIS ACaREEMENT, is made this ��` day of �J✓/M� 20�; by The Young Family Trust and The Whitaker Family Trust, hereinafter called "Owner', and the City of Arroyo Grande, a Califomia municipal corporation, hereinafter called "City". WHEREAS, Owner desires to record a final map for Tract 2792, a residential subdivision within the service area of the City; and, WHEREAS, City owns the current sanitary sewer and easement located on Owner's property, Tract 2792; and, WHEREAS, Owner is required to relocate existing sanitary sewer mains to construct the project in a manner consistent with the Tract 2792 anoroval: and. WHEREAS, City, as a condition of approval for Tract 2792, will own the replacement sanitary sewer and easements as delineated on the final map; and, WHEREAS, Owner desires to offer necessary easements and sanitary sewer main rights transfers, and City desires to release interest in certain easements once replacement sanitary sewer improvements have been installed; and, WHEREAS, Owner and City desire that ownership of the physical sanitary sewer system improvements constructed for Tract 2792 be transferred from Owner to the City. NOW, THEREFORE, said Owner and City hereby covenant, promise and agree as follows: That said Owner is The Young Family Trust and The Whitaker Family Trust. 2. That said Owner does hereby irrevocably and in perpetuity offer to City and the physical sanitary sewer system improvements and easement for a public sewer system including mains, laterals, manholes, and related appurtenances, over the area described in Exhibit B. The purpose of said easement shall include installation, operation, inspection, maintenance and replacement of public sewer system facilities. 1 OF 2 SEOvER EASEMENT AGREEMENT - TRACT 2Tg2 3. That said Owner dces hereby irrevocably offer to City a temporary blanket easement for a public sewer system including mains, laterals, manholes, and related appurtenances, over the area described in Exhibit C. The purpose of said easement shall include installation, operation, inspection, maintenance and replacement of public sewer system facilities. City agrees that it will quitclaim all interest in this temporary easement when the new sewer facilities are constructed and accepted by the City. 4. That Owner does hereby agree to indemnify, defend, and hold harmless City and accept liability associated with abandoning the current sanitary sewer system located on Tract 2792 in order to facilkate the release in interest by City. 5. � 7 � cinr: That City agrees to quitclaim all interest in that sanitary sewer easement as described in Exhibit "C°, effective upon City acceptance of new sanitary sewer system. The Owner agrees that these offers and agreements have been made for a valuable consideration, receipt of which is hereby acknowledged. The Owner agrees that this agreement is irrevocable and perpetual and shall be binding on its heirs, legatees, successors, and assignees. IN WITNESS WHEREOF, this Agreement is hereby executed by said owner and City on the day and year first written above. � • — � �" � �� ATT�ST: ��: ,,:� '�. �, 4 ; - , ,� E, 1�i•toi�-e-- � .; ;`�� KELj�,Y �, E, CITY CLERK �, , " `,,'-/�PPROVE�9AS TO FORM: • , �tF....�•4a�G• TI OTHYJ. MEL, CITY A7TORNEY OWNER(s): �j T�s-�� I`�o ✓. ?, � ,/ �� S �� L. Ya� , - T� s-1�-� � � �� sl�nc� PRINT NAME � ��V,11n�-�n�+� �TW S�— o w..�►- o.�,-t� TITLE 20F2 � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �., State of California / � ss. Countyof � U/1 �IS/k� m personally appeared 3U (� beforeme, �✓ ��W1 NdT�w ✓"✓.d�1r , / '� �ame aM TNe oi OX r(e.g., "Jere , NoWry Puolk � AMY J. OtSpN CammN�bn f 17�N2 � �o�Y /�D4C • CaI11WMO � fan LWs Oblqp CouMy 17 Name(s) ol Signer�s� �personally known to me ❑ proved to me on the evidence basis ot satisfactory to be the person(� whose nameQ.� is/2ee subscribed to the within instrument and acknowledged to me that he/sheHHey executed the same in hislherkHeir authorized capacity(�, and that by hisH�er,4heir signature�'f on the instrument the personCdj, or the entity upon behalf of which the person(bj� acted, executed the instrument. WITNESS ian d official seal. wre a Ho�rv P�en� OPTIONAL Though the in/oimation below is not requiretl by law, it may prove valuable to persons relying on the document antl coultl prevent traudulent removal and reattachment ol this /orm to another document. Description of Attached Document Title or Type of Document: Document Date: �f �.3(��J7 Number of Pages: � Signer(s)OtherThanNamedAbove: S�L3��''V�h�h'j,(�lf' Capacity(ies) Claimed by Signer Signer's Name: V1N2, L• yU�u . ❑ Individual / � roP oi m�mo ne�e 2' Corporate Officer — Ttle(s): �F($T my'l ❑ Partner — G Limited G General ❑ Atlorney-in-Fact 8 Trustee ❑ Guardian or Conservator � Other: Signei Is Representing: � F?tin:�l/ Tf� m 1999 Nalional Nobry Associa�ion • 9350 Da Soto Ave., P.O. Box 2402 • Cbe�swonM1, GA 91313-2402 • www.nallonalnotary.org ProC. No. 590] ReoNec Cell TolbFree 1-BOO�B]6-682] .� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ,.. State of California C �, ,1, � ss. County of �-�l ✓� I S LJYJ i On/Vl�✓Om� ✓��r��beforeme,�i'>"�J- �J�� /��i>i� �✓��C , Oece / /� � / N�me end TNe o� OXlcer (a.g.," ne Doe. Notery dk") personally appeared S- ��CT'� W�"VI 1�� , Name�s) W Signer�s) AMY J. OISON Gommiaslon � 17064l2 Notary Pub�le - CditaM� � � v �� ;o �ersonally known to me C proved to me on the basis of satisfactory evidence to be the person(8�' whose name� is/a�e subscribed to the within instrument and acknowledged to me that he/sNekHey executed the same in his/Her/their authorized capacity(�esj, and that by his/Merkheir signature(Aj on the instrument the person(ej, or the entity upon behalf of which the person(5� acted, executed the instrument. WITNESS my and official seal. re v�er� OPTIONAL Though fhe iniormation below is not requiretl by law, it may prove valuable to persons relying on Ihe document and coultl prevent lraudulent removal and reattachmenf o� this lorm to another document. Description of Attached Document Title or Type of Document: i � DocumentDate: ,[��3(��U� NumberofPages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: �. �F'7'T � lM J'g�' . ❑ Individual T°P °f �"°"'b ne`e ❑ CorporateOfficer—Title(s): G Partner-0 Limited ❑ General ❑ Attorney-in-Fact � Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: W�M� I�� ( 9rvti � y T f✓S�" O 1999 Navmal Nolery Association • 9350 Oe Soro Ave., PO. Box 2CO2 • C�atswotlR CA 91313-2d02 • wxw.nalionalno�ary org PmU. Nn 5901 ReoNer Call ToILFrre t�B008]6502] `.. EXHIBIT A � Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on map recorded in Book 47 of Parcel Maps, at Page 54 in the office of the County Recorder of said County. �, �. EXHIBIT B A portion of Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of San Luis Obispo State of California as shown on map recorded in Book 47 of Parcel Maps, at page 54 in the office of the County Recorder. Being more particularly described as follows: Beginning at a found rebar in the southeast corner of said Parcel 2 as shown on said map; Thence, along the south line of said parcel 2, also being the north right-of-way line of Fair Oaks Avenue, S 89°34'20" W 341.01 feet to a point; Thence, leaving said south line N 00°25'40" W 83.37 feet to a point on the east right-of- way line of the proposed Woodland Drive extension of the proposed Tract No. 2792, said point being the True Point of Beginning of a 15 foot wide sewer easement lying 7.5 feet on each side of the following described centerline; the side lines of said 15 foot easement to be extended or shortened to terminate at the said proposed east right-of- way line, Thence, leaving said proposed east right-of-way line N 73°05'43" E 65.39 feet to an angle point; Thence, N 47°32'24" E 190.85 feet to an angle point; Thence, N 34°25'41" E 78.27 feet to an angle point; Thence, N 34°56'47" W 35.04 feet to an angle point; Thence, N 53°23'00" E 37.64 feet to a point on the north Iine of said Parcel 2, said point also being the Point of Terminus for said easement centerline, the sidelines of said 15 foot easement to be extended or shortened to terminate at said north line of said Parcel 2; Thence, along said north line, N 89°34'28" E 81.10 feet to a found nail and tag LS 4059 in the top of a railroad tie wall at the northeast corner of said Parcel 2; Thence, along the east line of said Parcel 2, S 00°27'39" E 345.02 feet to the Point of Beginning. The above described land is graphi II shown on Exhibit B1, attached hereto and made a part hereof. ��Q�,AND SUR`` F End of description. � KF� O� N0. i I � i 26" I O I y W i � W ] C Z I J I O 3 �W l 4 i 4 * 2J � _°' 72" W1DE S70RM ORA/N EASEMENT PER ��47—PM-54 AND PER 7347/�R/61 � JxHIBIrB�' ' 24 JJ �i 5373'00 "E 37. 64' iF�%ICT l�lJ �5J POj _ — — — �. � I z I 3 I 4 iJF�J�JSrrJ rFi�r1 C7� �7J� �E/�YG �l SU6D/1//S/O/v DF ��l �r'�l J r76" il 7— PM— �d i i � a � i 1 � \` � as �� IAND S VRL � `o � KEI�H, �' McMYVJ4�N No. 6729 Sr �Q� CAL�F� i � / n N34 36 47"W 35. 04 � FOUND NAIL AND TAG LS 4059 /N TOP OF RA/LROAD T/E WALL 25 ' B1. lO' c I \ 1 � � � I �o i>::::::� �� R::>:' ...... ,� , i:::::.::: � �::: .::::i 1 28 �:: ::;:r �k \ \ �.;::. yr `L \ ,� 75" ;:�.::` p� A � � � � r� ,��:�::::;� �� z� ' �::: .::._:.::: � � F.:': .' .:: �, ,�.`��.,:�.::;.. �7.5' ��h � � i� � i::>�:;:7 5�`'� i 14 �G� l <:I?:.�, y i 2E � o � 1 �Q � � � I O , � �9� � z� �o� ,5 � / / � o� �:;;:::::::� �P��l Q�' .�h Q�� / / i� � �::::: ::::::i � � � 11 �� ''1.�` /::;a�:::::"�r' 24 FtE �,�E A� � �� '� � � � 7LAN0 '�J� ��:��:.:�::�� OF p g P�'� �5�< � � o� -war R� �.;:i:::;;� S� 4 + 5 ,� � � '( P � P F::.::::::.:�:.r ��,� �� (� / � � ^ � ��:-:: - _:::.� ��P 5 E , ,� N �::::: :::.� P / � o ::: .::::...... `�°> 1 '' � � / ��LIM/TSOFRECREATION O ��:;;�"�;_.;.::�� , � / / JRA/L AND B/KEWAY I � ��`>��>"`y� � / � EASEMEN7PER i�:::� :::..� 75' TYPI L / .:::�.`�� 22 � / ,� 47—PM-54 .__. ��: / / � � .S7 �� , �� 20 �� ti� ti ti� � � i �� h �¢ / i � � O � I � i � , �SE� 5 i �, i ,' y p��p1' �RF� � 5 R � � �� / � � �� Q�� , pE i� � , p��, �¢ �' i / i �� ,� ,� i �� tif�� p¢ A SCALE.� 1'=50" -� / G� � � ' FDUND REBAR, NO CAP / ' - — — — — — — S8934 20"W 341.O1 " P06 FA/ROAKSAVENUE ° McMillan — — LAND SUR I/EYS � 2306 BROAD 57RfET SAN LU/5 OB/SPO, CA. 93401 (B05J 54f-7663 FAX 541-1664 OA7£ 11-OS-07 JOB NO. 397-03 . ' ' �.. �. EXHIBIT C Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on map recorded in Book 47 of Parcel Maps, at Page 54 in the office of the County Recorder of said County. END OF DOCUMENT