HomeMy WebLinkAbout2005-096533JULIE RODEWALD
,� San Luis Obispo �ry—Clerk/RecoMer
�� flecordetl ffi the request of .
Public
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City of Arroyo Grande
PO BOX 550
Arroyo Gran3e, CA 9342:
�oca: 2005096533
NR
11/18/2005
11:48 AM
rm.8: i rages: 5
Fees 0.00
Taxes 0.00
Others 0.00
PAID $0.00
GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT made this 18` day of October, 2005 by and between the John
Robasciotti ("LICENSEE") the owner of the fee interest in property described as a portion of
Lot 3 of Lowe's Addition per B MB 8, City of Arroyo Grande, County of San Luis Obispo, State
of California, APN 007-481-020 ("Propert}�') and the CITY OF ARROYO GRANDE,
("CITY") owner of an easement for right-of-way in the Property.
WHEREAS, LICENSEE will conshuct certain improvements on the Property, which
will encroach into the easement, including (the "structures",) as generally depicted in Exhibit
"A" attached hereto and incorporated herein by this reference.
WHEREAS, CITY is willing to allow the stnxctures to be constructed 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 construction of
structures within the easement, subject to the following terms and conditions:
a.
LICENSEE shall submit as built plans and specifications for the
structures to �ITY;
,..
�
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 shuctures
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 tkierein 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 struch:res 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.
2
�
�
property.
5.
..;
This Ageement shall be binding upon the successors in interest of any kind to the
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 VVITNESS WHEREOF, the parties have executed this Agreement on the day and
yeaz first written above.
CITY OF ARROYO GRANDE
By:� �-�
VEN ADAMS, City Manager
ATTEST:
� ���.�,�-
ICELLY VET ORE�
City Clerk
�, ,,�;.9ii' G?%
� �� '��`
r.r
�_ ����1' z ��.'�` .
`�
r�
r
. � � ^�.
APPROVEll AS TO FORM:
IMOTH . ARMEL, City Attorney
LICENSEE:
.00 RICE
[All signatures must be notarized]
EXHIBIT A
�
..:
�
� +
y .1
'k 5
�
� �
�
3
S
V
u
�
F
0
�
�
a
_--�r c��
�
STATE OF � ✓�-�
COUNTY OF w"`"" h-U l 5 u" "
..,
on I � ' � v1 " � � before me, ` V "� - ' -" -`" � � ��"'�-� �
(Name of Notary Public)
personally appeared ��1� n � w� Q�� O�
personally known to me (or proved to me on the basis of satisfactory evidence) to the person(s) whose
name(s�dre subscribed to the within instrument and acknowledged to me tha e/they executed the
same in �f heytheir authorized capacity(ies), and that by �'her/their signatu (s) on the instrument the
person(s), or the entity upon behalf ot which the person(s) acted, executed the instrument.
ANGELA PERRY �
COMM. �1337516 L
NOTnriV PUBUC - CALIfORNW a
gAN W IS OBISPO COUNTY
N,y Ganm. E�pi�as Jm. 29.200
. ,.. ., �zs^'_
(This area for notarial seal)
END OF DOCUMENT
(noWry)(07-02)