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Home My WebLink About2007-054806� RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Arroyo Grande Kelly Wehnore, Director of Administrative Services PO Box 550 Arroyo Grande, CA 93421 JULIE RODEIhi4LD San Luis Obispo �ry — Clerk/Recorder Hecorded at ihe request ol Public NB 8/10/2007 11:53 AM �oca: 2007054806 I IIIIIIIINIIIIIIIIIIIIIIIII Titles: 1 Pages: 5 Fees 19.00 Taxes 0.00 Others 0.00 PAID $19.00 GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS AGREEMENT made this _�day of , 2007 by and between the CITY OF ARROYO GRANDE, (the "CITY"), and owner of an easement and ✓ right of way (the "easemenY') in the real property described as 227 Le Point Street (the "property") and JOHN TIEDEMANN and JUDY ZWARG, owners of the fee interest in the property (hereinafter referred to as "LICENSEE"). WHEREAS, LICENSEE has constructed certain improvements on the property which encroach into the easement, consisting of a wrought iron fence (the "structwe") as generally depicted and shown in Exhibit "A" attached hereto and incorporated herein by this reference. 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: CITY hereby grants to LICENSEE a license to allow the structure 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; `. ... b. During construction or modification of the structure, 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; a LICENSEE agrees to remove the structure 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 structure within the time frame specified by CITY, CITY, in its sole discretion, may elect to remove the structure and any other encumbrances affecting the easement or facilities therein and recover all costs and expenses far 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 structure within the easement; 2. LICENSEE agrees to hold hannless 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 forth herein; CITY may revoke this License without cause upon sixty (60) days written notice to LICENSEE. � ti, `.. 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. CITY OF ARROYO GRANDE By: � VEN ADAMS, City Manager ATT� —,. ,..+ W�'I' �p/LS�� : .��r .. .� � � . . ��j j , � � g �'� , � LICENSEE: ��q�� ^F . ; �� / �u-- HN TIEDEMANN � R. �` � ' zC� J ZW APPROVED AS TO FORM: T OTHY . ARMEL, City Attorney [All signatures must be notarized] S:�Public Works\Engineering\Grant of License Agreemwls\GOLA - Le Poin[ 227.doc 3 .� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � State of California ss. Countyof �(an ��I�J L�f7�J'�0 On ��An.c 1� a 00'] before me, �bOr('h � P 1 �0 �Cti��n r/Fr n��✓N ll�61 4 Oe�e � Name anE iitle ol �wr (e g.,'Jene , Notary Public") personally appeared DE60RAM lEE MfE1CMN10EY Canmb�lon � 1747M{ � NWay►ubNC - CaNbnYO � fan tub ObIMO Cau�MY tOl rvame�s�oielgner(s) C personally known to me C3�praved to me on the evidence .. basis of satisfactory to be the person(s) whose name(s) as/are subscribed to the within instrument and acknowledged to me that MefsheHhey executed the same in hisfher/their authorized capacity(ies), and that by hislher�their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. �y?.�.el a ti SR2J- ,JO,I t�yt✓ v.A.ti1 SgreW re W NMary PuDlk OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent lraudulent removal and reattachmenf oi this lo�m to another document. Description of Attached Document Title or Type of Document: �l'..4t' (7� L' �L'P.�Je (L�� 19Q✓2QrY-P�lt F1�[,tt%l�� P.2C� � Document Date: `/ W u I� a f�0� V Number ot P ge� �s Signer(s) Other Than Named Above: S�J�Pn A!1(LV»I 1 I v �JC�h'� �Y� Ti M�J • lrt✓rr-�-/ � Capacity(ies) Claimed by Signer Signer's Name: Cx� Individual ❑ Corporate Officer — Title(s): _ ❑ Partner—� Limited O General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is RIGHTTHUMBPRINT OF SIGNER O 1999 Na6onal NMary Psaocle0on • 9350 De Sob Ave.. PO. Box 2Cp2 • CM1atawotlM1, CA 9131&2402 • vmw.natlonalnolerynrg Pml. 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