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Home My WebLink About2006-011378RECORDING REQUES'1�Lb BY: City of Arroyo Grande WHEN RECORDED RETURN TO: Public Works Department City of Arroyo Grande 208 E. Branch Street Arroyo Grande, CA 93420 JULIE RODEWP�A r+R San Luis Obispo C�p—CIerWRecorder 2ne/20o6 flecorded at �he request o� 4:41 PM Public DOC#: III 2006011378 IIIIIIIIIIININIIIII III TRles: 1 Pages: $ Fees Taxes Others PAID IRREVOCABLE AND PERPETUAL GRANT OF EASEMENT THIS IRREVOCABLE AND PERPETUAL GRANT OF EASEMENT is made effective this 28th day of April, 2004, by Arroyo Grande Village Centre, LLC, hereinafter termed "Grantor": WHEREAS, said Urantor desires to make an offer to Grant, irrevocably, to the public, the interest hereinafrer described, which grant may be accepted at any time by the Ciry of Arroyo Grande or its designee: NOW, THEREFORE, said Grantor covenants and promises as follows: Grantor is the owner of real property described in Exhibit "A" (the "Property") and delineated on Exhibit "B" attached hereto and incorporated herein by this reference, located within the City of Arroyo Grande, Counry of San Luis Obispo, State of Califomia. Grantor does hereby irrevocably and in perpetuity offer to the public a grant of non- exclusive, permanent easement in, upon and across that portion of the Property depicted in Exhibit "C" and delineated graphically on E�ibit "C-1" attached hereto a��d incorporated herein by this reference for access to parking lots and parcels adjoining the property to the east. The easement shall be 24 feet wide, and shall utilize the parking lot driving lanes to connect the adjoining parcels to the driveway access to Wesley Street. The City of Anoyo Grande agrees to a limited width of 24 feet, alignment and a design to deter through traffic such as speed tables, parking bays and islands to prevent "227 bypass" or through traffic shortcuts. 3. This shall be in compliance with "Item No. 44 of the Conditions of ApprovaP' for Use Permit No. 98-567 granting easement for extension of Le Point Street. 0.00 0.00 0_00 $0.00 4. Upon the Property's annexation to the Village Downtown Pazking and Business Improvement Area, Prior to June 30, 2004, the Grantor will allow additional use of this Easement to promote parking flexibility and par[icipation with other merchants of the Village Improvement Association. Crrantor reserves the right to control and limit RECORDING REQUES'�'.1) BY: ' City of Arroyo Grande WHEN RECORDED RETURN TO: Public Works Department City of Arroyo Grande 208 E. Branch Street Arroyo Grande, CA 93420 _ _ __ _ JULIE RODEWA�A . San Luis Obispo C�y—Clerk/Recorder Heeorded at ihe requesl of Public �oca: 2006011378 IRREVOCABLE AND PERPETUAL GRANT OF EASEMENT NR 2/18/2006 4:41 PM Tdles: 1 Pages: $ Fees 0.00 Taxes 0.00 OMers 0.00 PAID $0.00 THIS IRREVOCABLE AND PERPETUAL GRANT OF EASEMENT is made effective this 28th day of April, 2004, by Arroyo Grande V illage Centre, LLC, hereinafter termed "Grantor": WHEREAS, said Grantor desires to make an offer to Grant, irrevocably, to the public, the interest hereinafrer described, which grant may be accepted at any time by the City of Arroyo Grande or its designee: NOW, THEREFORE, said Grantor covenants and promises as follows: Grantor is the owner of real property described in Exhibit "A" (the "Property") and delineated on Exhibit "B" attached hereto and incorporated herein by this reference, located within the City of Arroyo Grande, County of San Luis Obispo, State of California. Grantor does hereby irrevocably and in perpetuity offer to the public a grant of non- exclusive, permanent easement in, upon and across that portion of the Property depicted in Exhibit "C" and delineated graphically on Exhibit "G P' attached hereto and inwrporated herein by this reference for access to parking lots and parcels adjoining the property to the east. The easement sha11 be 24 feet wide, and shall utilize the parking lot driving lanes to connect the adjoining parcels to the driveway access to Wesley Street. The City of Arroyo Grande agrees to a limited width of 24 feet, alignment and a design to deter through traffic such as speed tables, parking bays and islands to prevent "227 bypass" or through traffic shorteuts. 3. This shall be in compliance with "Item No. 44 of the Conditions of Approval" for Use Permit No. 98-567 granting easement for extension of Le Point Street. 4. Upon the Proper[y's annexation to the Village Downtown Pazking and Business Improvement Area, Prior to June 30, 2004, the Grantor will allow additional use of this Easement to promote parking flexibility and participation with other merchants of the V illage Improvement Association. Grantor reserves the right to control and limit the parking �br[hin the Properiy's parking lot. Use of pa?dng by other village merchants and their employees in the Proper[y's parking lot will be prohibited. The Grantor's benefit of allowing this use in Item No. 4 is solely for the purpose of receiving the parking space reduction granted to those within the Village Downtown Parking and Business Improvement Area. Annexation into the Village Downtown Parking and Business Improvement Area absolves the need for Grantor's expansion of the Property's existing parking lot. Grantor will have a right to block access to the Easement for the use stated in Item No. 4, as a result of the following occurrences: a. In the event of a change in the existing Municipal Code Chapter 16.56 Parking and Loading Requirements for the Village Downtown Parking and Business Improvement Area, as of January 20, 2004, which would result in the requirement to expand the Properry's pazking lot. b. The Pmperty's removal from the Village Downtown Parking and Business Improvement Area. c. The City of Arroyo Grande's failure to pay their proportionate share in the maintenance and repairs of the Easement area within ninety (90) days of written notice. 5. By accepting this Grant of Easement, the City of Arroyo Grande or its designee agrees that it shall be solely responsible for the cost and expense of the improvements and maintenance of said Easement. Grantor will have the right to act as manager and proceed with all maintenance and repairs, which aze, or may be, required in order to maintain the Easement in a condition equal to the Grantors existing parking lot azea. If the maintenance or repairs contracted and completed are combined with an area outside the Easement, the Ciry of Arroyo Grande will be responsible for their proportionate share of costs according to the squaze footage of the repair area. EMK & Associates, Inc. will establish the actual square footage of the Easement area. This squaze footage will be used as a basis in calculating percentage of cost between the Grantor and the Ciry of Arroyo Grande. Grantor will have the right to block access for non-payment as stated in Item No. 4c. 6. By accepring this offer of dedication, the City of Arroyo Grande or its designee agrees that it shall indemnify, defend and hold Grantor and its agents, employees and assigns narmless from v�d against any and all damages, liabilities, costs, claims, liens, penalties and attorneys' and consultants' fees arising out of any easement improvements and maintenance, injury to persons or damage to property arising out of the use and enjoyment of the easement granted hereunder by the City of Arroyo Grande or its designee or their respective contractors, agents, tenants or invitees. That said Grantor agrees that this irrevocable and perpetual Grant of Easement is and shall be binding on its heirs, legatees, successors and assigns. That said Grantor agrees that said Grant of Easement shall be irrevocable and that such governmental entity may, at any time in the future, accept said Grant of Easement. 8. That said Gr�mtf of Easement shall not conflict with any�imanent improvements that aze currently located on the property or may be improved on the property at some time in the future as may be approved by the City of Arroyo Grande. 9. That prior to recording of the Grant of Easement by the City, it shall clarify, modify or repeal any conflicting provisions of Resolution No. 1984 adopted on August 12, 1986. regarding the Le Point Street extension. The City of Arroyo Grande will not require the Grantor to make any changes to this Grant of Easement. IN WITNESS WHEREOF, this irrevocable and perpetual Grant of Easement is hereby executed by the said Grantor effective on the day first written above. GRANTOR: ARROYO GRANDE VILLAGE CENTRE, LLC ... .� f STATE OF CALIFORNIA }ss. COUNTY OF San Luis Obispo } Q� April 30� 2004 , before me , B. Hogan�NOtary Public personally appeared --James H. Pankey----------------------- ------------------------------------------ ,,�(s'o4��dcfib�ufi/rb/ra5�// /(br proved to me on the basis of satisfactory evidence) to be the personfs) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sJ�/they executed the same in his/h�/th�r authorized capacity(ies), and that by his/F��r/th.ei�r signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. B.HOGAN N COMM. # 1307261 < WITNESS my hand and official seal. � NotaryPublic J County of San Luis Obispo N My Comm. Exp. June 25, 2005 Signature_ � �,'�(G1,/ 3008 (1!94) (Generap _ . ,_....__ _.�_ �� ___�„ n,,...,,�... �� AM E R A � � � EN6K�C�lssociates, Inc. Englneern . Surveyora • Plannere �,►iIRiT "A" Job No.OU-572 November30,2000 That petcel of land lying and being in the Town o£Arroyo Grande, County of San I.uis Obispo, State of Cnlifomia, more particulerly described as follows: BeEpnning nt the interscction oCthe Southcdy line of Lot 29 of Ftancho Corrai De Piedra as eald Lot is ahown on thc mnp recorded in Book A of Map� at Pago 63 with the Weaterly lina of the pucel of Innd conveyed to John M. Price, OMOber 10, I8i4 in IIook F, Page 388 of Dads of said County end State and rarecorded July 27, 1885 in Book T, Psge 512 of Deede of said County and State, thence along said Southedy line of Lot 29 S57 142.50 fat more or less to the Ensterly line of Wcsley Street es it now exists; thence along zaid Eactcrly line SOS°45'GO'B 390.39 feet more or less to an intersection with the Northerly line oFland conveyed to Louise Vertniliion by Document recorded Apri122, 1959 in Book 995, Page 405 of Otticial Records of said County and State; thence along said Northerly line N80°21'08"E 60.27 feet more or less to the Northeast comer of said land per 995 OR 405; thence along the Easterly lin� thereof S13°56'38"E 118.48 feet to an intersaction with the Northerly line of Grand Avenue; thenee along aaid Northerly line N80°0?'36"E 297.94 feet more or less to an interscction wlth aald Wcaterly line ofF Detds 388 end T DeeAs 512; thence along said Westaly line N32°37'25"W 588.51 feet moro or less to the Point of Beginning anJ containing 2.85 acres more or Iess. Excepling therefrom that poriion of said land es grnnted to thn Stetc of Califernia in Deed recorded November I9, 1973 in Book I753, Page 942 of O�cial Records of ssi t and State. /,�� See Exhibit "B" attached. // ' � �, � ��, �� Edward M. Kin , L 3344 (ex,. 6/30/ 4) ; aie / tU05 Railroa0, Faso RoAlen, Calilornia 93446 (tl05) 230�5427 3344 ,� � �i, 1� , I_I ,' I°I �� I � f" ('.:' ' ' � I � I I � i � I � i j '� i � �^—' � t � 80UTF�Y 1.� OF LA? 2D/A frD Ei3� / / .� � � �� (�> � �:� �� t� �� l i / � / 1 � I o 2 � A � I � �. I � � � � � J �° `�� T O �� I W �� y � �� W �l. � r � \'( � �� I ` � F'`' I I N80'21'08"E I 60.27' t � � c� I I EXCEPTION TO I p� w cn STATE HIGHWAY— ' `F+ � °�'; 1753 OR 942 � _� � 1 I �µ M � I � 297.9� } _ � J L � N80'03�36' �� ) _� � �� i � j - �'�`�T �IF ��r� c�� II�IE ,� EXHIBI �p ��emnwa>na...rwm..u uinno �wear ui m PREPARED FOR: DE IUCIA / PANKEY PREPARED BY: EMK E� ASSOCIAT[5, 1005 RAILROAD STRI PASO ROBLES, CA 9 � d�00-5�2 (905) 238-5417 `.- �y Mazch 18, 2003 7ob No. 00-572 EXHIBIT "C" That poRion of the parcel described in the Voluntary Merger recorded as Document No. 2001-003272 in the Office ofthe County Recorder, County of San Luis Obispo, State of California, being in the City of Arroyo Grande, and being more particularly described as follows: Commencing at the Northwest comer of said Parcel, thence along the Westerly line thereof S08°45'00"E 187.43 feet to the True Point of Beginning, thence continuing along said Westerly line S08°45'00"E 40.00 feet; thence leaving said Westerly line along the following courses: N81°39'46"E 25.67 feet; Northeasterly along the arc of a curve concave to the Northwest having radius of 24.00 feet, a central angle of 79°02'48" and an arc length of 33.11 feet; Easterly along the arc of a reverse curve concave to the Southeast having radius of 24.00 feet, a central angle of 78°O8'08" and an arc length of 32.73 feet; N80°45'06"E 72.60 feet; Northeasterly along the azc of a curve concave to the North having radius of 124.00 feet, a central angle of 22°25' 17" and an arc length of 48.52 feet; and N58° 19'49"E 38.78 feet to a point on the Easterly line of said Pazcel; thence along said Easterly line N32°37'25"W 24.00 feet; thence leaving said Easterly line along the following courses: S58°19'49"W 38.38 feet; Southwesterly along the arc of a curve concave to the North having radius of 100.00 feet, a central angle of 22°25' 17" and an arc length of 39.13 feet; S80°45'06"W 7437 feet; Southwesterly along the azc of a curve concave to the Southeast having radius of 50.00 feet, a central angle of 53°19' 12" and an arc length of 46.53 feet; Southwesterly along the azc of a reverse curve concave to the Northwest having radius of 5.00 feet, a central angle of 54°13'S2" and an azc length of 4.73 feet; and S81°39'46"W 26.72 feet to the True Point ofBeQinning. See E�chibit "C-1" attached. 3344 Edward M. Kin¢,'. LS 3344 � ,�. ate w ., (�1 �A. � (�) � � ��' 1'. �I:�1� � :il` �IIJ`� I I I� I I' I"(�> II\ I � • I � s � -.- --- .. . .., � � � ,� � � �. C � �:: �� ►�1 EXHIBIT �C-1� �� H\2000\0p-S]2�Wvey\00-5]2ranS-�xDrAg av�ero3 oeaszi � rsr NOT TO SCAIE PREPARED BY: EMK & ASSOGATES, INC. 1005 RAILROAD STREET PASO ROBLES, CA 93446 (805) 238-5427 MARCH 2O03 �— D� 1 JOB y:00-572