HomeMy WebLinkAbout2007-054805r.
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RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
__
JULIE RODEW"lD . "
San Luis Obispo ti.,dYty—Clerk/Recorder 8/10/2007
Necarded at the request oi 11:52 AM
Public
�oc#: 2007054805
TRles: 1 Pages: 5
Kelly Wetmo eGD iector of Administrative Services III IINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
PO Box 550 ��
Arroyo Grande, CA 93421
Fees 19.00
Taxes 0.00
Others 0.00
PAID 519.00
GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT made this �day of �YJGUy , 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`3�14 Whiteley Street (the
"property") and DENNIS L. DANIELS and SHIRLEY M. DANIELS, 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 "structure") 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:
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.
structures to CITY;
LICENSEE shall submit as built plans and specifications for the
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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, CITY, 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 ar 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 forth herein; CITY may revoke this
License without cause upon sixty (60) days written notice to LICENSEE.
4. This Agreement shall be binding upon the successors in interest of any kind to the
property.
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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 attorney fees.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
CITY OF ARROYO GRANDE
By: �
STL�EN ADAMS, City Manager
ATTEST:
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KELLY W M
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�Clerk
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APPROVED AS TO FORM:
T OTHY EL, City Attomey
[All signatures must be notarized]
LICENSEE:
DENNIS L. DANIELS
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SHIRLEY . DANIELS
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CALIFORNIA
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ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTYOF 99Nl,U�S OgF!'Pa )
On ma`� 2q, u°'1 before me,�t�5�o2aH �6 wFi����F�- ,
DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC
personallyappeared,D�u��f L �N�E��sH""u�4m•DRr�if.t-✓
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s)�are subscribed to the within instrument and acknowledged to me that he/sFie�
they executed the same in i�isfher/their authorized capacity(ies), and that by �►isEher/their
signature(s) on the instrument the person(s), or the entiry upon behalf of which the person(s) ar,ted,
executed the instrument.
WITNESS my hand and official seal.
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coer�MNen � �mfN
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NOTARY PUBLIC SIG TURE
OPTIONAL INFORMATION
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DATE OF DOCUMENT S�d9/ 0� NUMBER OF PAGES S
SIGNER(S) OTHER THAN NAMED ABOVE 3- r i T`� vnR�, �crk ��-tx-�- � �-��'�T���J
END OF DOCUMENT