HomeMy WebLinkAbout2005-055106 _
JULIE RODF'"'ALD sR
� � � San Luis Obisp�unry—Clerk/Recorder 7/08/2005
flecorded at the requast of 3:�1 �V�
RECORDING REQLJESTED BY Public
AND vVHEN RECORDED, MAIL TO: �o c tr: 2005055106 Tides: � Pages: 5
City of Arroyo Grande I IIIIIIII�II IIIIIIIIIIIIIIII II II I I Others 0.00
Kelly Wetmore, Director of Administrative Services
PO Box 550 PAID $19.00
Arroyo Grande, CA 93421
GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT made this �Ot� day of �UNE , 20Q� by and
between the CITY OF ARROYO GRANDE, (the "CTTY"), and owner of an easement and
right of way (the "easemenY') in the real property described as 650 Lancaster Drive (the
"propert}�') and WILLIAM F'INDLEY, owner of the fee interest in the property (hereinafter
refened to as "LICENSEE").
WHEREAS, LICENSEE has constructed certain improvements on the property which
encroach into the easement, consisting of a segmental retaining wall (the "shucture") as
generally depicted and shown in Exhibit "A" attached hereto and incorporated herein by this
reference.
WHEREAS, CIT'Y is willing to allow the shuctures 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;
.., `.
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 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 forth herein; CITY may revoke this
License without cause upon sixty(60) days written notice to LICENSEE.
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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 attorney fees.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
yeaz first written above.
CTTY OF ARROYO GRANDE
By:
�TEVE ADAMS, City Manager
ATTES •
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.�I4�I; Y TMORE ��,
��� ;City Clerk � ..�
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�-- � :. LICENSEE:
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WILL INDLEY
APPROVED AS TO FORM:
T OTHY J. EL, City orney
[A signatures must be notarized]
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Californi�,
(� �j , ss.
County of ��Q/l �t (/ S t�0'
On � , before me, /'"[l.tMl�h ' ,
pg _ //� -�- N�H�cer(e.g.,"Ja�re Dce.No�ary PuDlic) �
personally appeared � L(�Q/Yl T!/1��Qli1 ,
Na (s)of Signer(s)
❑ personally known to me
�'proved to me on the basis of satisfactory
evidence
� ���*��, to be the persor�ej' whose name(s� is/�e
�YAdfr¢.Oa�pNO subscribed to the within instrument and
!sn WYpp1�o�M, acknowledged to me that he/slw/tpey�executed
Mf'�rn.bqrirtpq�, the same in his/her.�tkieir authorized
capacityNes}, and that by his/herkhrci�
signature(ej on the instrument the person(+s'j, or
the entity upon behalf of which the person�j-
acted, executed the instrument.
WITNESS my hand and offi ial s I.
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Place No�ery Seal Above Sig �ure o/Notary Public
OPT/ONAL
Though the inlormation below is not required by/aw, it may prove valuable to persons relying on[he document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Docu ent / / /� ���///,,//���
Title or Type of Document:�!1�O� Il.Q2A� Q,�tdV �ttG/1� ���UU� ��
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Document Date: \�(�� p���.s Number of Pages: 'J�
Signer(s) Other Than Named Above: V r ��/PJ� �'�f./�, S
Capacity(ies) Claimed by Signer
Signer's Name: (�i/,�t'�._�n� �ii� -��ELf
� Individual � .
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❑ Corporate Officer—Title(s):
❑ Partner—O Limited ❑ General
❑ Attomey in Fact
O Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing: �
�199]Nalional No�ary AssociMion•9350 De Solo Ave.,P.O.Box 2402•Chatsxrorih,CA 91313-2402 Protl.No.5901 ReoMer:Call ToILFree 1-800.8]8-682]
EfVD OF DqCUMENT