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Home My WebLink About2005-055107� JULIE RODEW( sR °-' San Luis Obispo Co�R[�- Clerk/Recorder 7I08/2005 qacorded at Ihe request of 3:07 PM Public RECORDING REQUESTED BY AND WHEN RECORDED, MAII. TO: City of Arroyo Grande PO BOX 550 Arroyo Grande, CA 93421 �oca: 2005055107 I IIII II II�I�II II IIIIIIIIIIII Titles: 1 Pages: 6 Fees 22.00 Taxes 0.00 Others 0.00 PAID 522.00 GRANT OF LICENSE AND AGREEMENT ArFE:CTING REAL PROPERTY THIS AGREEMENT made this �day of ��(/► +� , 2005 by and beriveen the CITY OF ARROYO GRANDE, (the "CITY"), and owner of an easement and right of way (the "easemenY') in the real property described as 515 Cuesta Place (the "propert}�') and Mary Ann and Ed Wright, owner 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, including (the "structures",) as generally depicted in Exhibit "B" attached hereto and incorporated herein by this reference. WHEREAS, �'ITY is willing to allow the structures to temporarily remain so long ae 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 GITY; �.. � b. During construction or modification of the structures, LICENSEE shall comply with any and all instrucrions 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 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 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. � �.. .� 4. This Agreement shall be binding upon the successors in interest of any kind to the property. 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: S�N ADAMS, City Manager �� L � � P� •' :i _ � LICENSEE: �� n Q,,�. C � � � �_� � MARY ANN AND ED APPROVED AS TO FORM: OTHI' J. CARME , City Attorney [All signatures must be notarized] ;: _ ��• � , � .; � � �` $ .;;� � � ��;. ��r � '� :� , > 3 , 9g 6 .: ; � � ■ � ;,a E t�. � @� .:_.. , t,p :,,:.:- . 4 �. ' �... x :* * n r > � � W " � � � .'S; .y : � LL .'. '�. 7 � O � o t� ,� � �� a: � � � � w � � �� ,� � � � �� - � Pr � , � � >; � � � J J .. . . . . . . �_ .. - -. } � F s� � W Q � � � � 3 � �� ZWZ # ��,�, W :' a ° � 'z �:� :,. � {� W � r aU�H � E. � a�LLW � Q J O � �� . ,: � �1 = ,..� _% '" � ' �� I� O � � d �� QW J a� ��;: � Xo��a�n � � �;�-� W Q a o� a �a �1d dls3n.� a � _. � �• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California V � O S.OQ" ss. County of (,�/t On before me, Date n s , personally appeared - .. - .. .. . , rr. ..` t , . �r ,�� • • . �� Place Notary Seal Above No�ary Public OPTIONAL Though [he in/ormation below is not required by law, it may prove valuab/e to persons relying on the document and could prevent (raudulent remova/ and reattachment o/ this (orm to another document. Description of Attached Title or Type of Document: _ Document Date: �(( � vl� L�a w`� rvunwei ui raye�. � Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: C Individual ❑ Corporete Officer — Title(s): _ ❑ Partner — O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT TMUMBPRINT OF SIGNER ❑ personally known to me J�; proved to me on the evidence P�a��•i basis of satisfactory to be the person(s) whose name(s) +alare subscribed to the within instrument and acknowledged to me that holsHe/they executed the same in his/lier/their authorized capacity(ies), and that by �iskaer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE,SS my hand � 199] Natlonal No�ery AssociaGOn • 9350 De Soro Ave., P.O. Box 2402 • C�atawotlh, CA 9131&2402 Protl. No. 590] ReorAec Call Toll-Frae 1-800-8]8-882] �.. `. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �, SA� �.u15O�5� SS. Coun of On lY �� 3�� 5 , before me, 7w�Y LN�I O�ZE, �/�7��l�!!fL � Date - / � ame antl Ttle of 0lfcer (e. ., "Jane Oce, Notary PuElii ) personally appeared �� 'N /'�*'�� 5 , Name�s) of Signer(s) �ersonally known to me ❑ proved to me on the basis of satisfactory evidence KELtY WETMppE �rrWMOn A� tbrv7�9 �bY HIEIC - CaMoR00 �MV Co�rn. B�p�r f�� Place NMery Seal Above to be the person(.a) whose name(� islace subscribed to the within instrument and acknowledged to me that hek�Hekhey executed the same in his/keHfheir authorized capacity(ies), and that by his/taer�eir signature(a) on the instrument the person(s), or the entity upon behalf of which the person�e) acted, executed the instrument. WITNESS iand and official seal. Signe �e Noary u li�� OPTIONAL Though fhe information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache� Title or Type of Document: Document Date: / , / Signer(s) Other Than Named Above: 1 1 IQ�I.�L A1� `�° � d �/ u� M� ,T�, Capacity(ies) Claimed by Signer SignePs Name: ��.V�N �PcMS . �Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner—O Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: SignerlsRepresenting:�y, 1 Y� OG �Q.�O� (�oQ�4A � 199] Natbnal Notery Associa�ion • 9350 De Soto Ave., P.O. Box 2402 • Chatswohh, CA 91313-2d02 Protl. No. 590] Reortlec Call Toll-Free 1-800-896-682] END OF DOCUMENT