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HomeMy WebLinkAbout2006-035930RECORDING REQUESTED Bl N�DE��'r� NT.. ��r� �..� WHEN RECORDED, RETURN�I4MB- City of Arroyo Grande, California � C i ry P.O. Box 550 �' � K Arroyo Grande, CA 93421 JULIE RODEW'' � San Luis Obispo Caa.�yr Clerk/Recorder flecorded at the request oi Fidelitv Title Comn. �oca: 2006035930 IIII II IIII III III I II I IIII III DG 5/23/2008 8:10 AM Titles: 1 Pages: 11 Fees Taxes Others PAID EASEMENT AGREEMENT THIS AGREEMENT, is made this Z� S� day of T1Pi4LL 2006; by Parkside Village LLC, hereinafter called "Owner", City of Arroyo Grande, hereinafter called "City", and the South San Luis Obispo County Sanitation District, hereinafter called "DistricY'. WHEREAS, Owner desires to record a final map for Phase Two of Tract 2310 (Tract 2310-2), a residential subdivision within the service area of the City; and, WHEREAS, District is a sanitation services district authorized by the State of California to provide sewer services within its service area and owns the current sanitary sewer line and easement located on Owners property, Tract 2310-2, which will be abandoned once the replacement system is installed and accepted by the City; and, WHEREAS, City, as a condition of approval for Tract 2310-2, will own replacement sanitary sewer line and easement as delineated on the final map; and, WHEREAS, In order for City to provide such sewer service, Owner desires to offer necessary easements and sewer line rights transfers, and District desires to release interest in certain easements once sewer improvements have been installed; and, WHEREAS, Owner and City desire that ownership of the physical sewer system improvements constructed for Tract 2310-2 be transferred from owner to the City. NOW, THEREFORE, said Owner, City and District hereby covenant, promise and agree as follows: That said Owner is the owner of the property described in Exhibit A. 2. That said Owner does hereby irrevocably and in perpetuity offer to City the physical sewer system improvements and an easement for a public sewer system including mains, services, and related appurtenances, over the area described in Exhibit B. The purpose of said easement shall include installation, operation, inspection, maintenance and replacement of public water system facilities. 0.00 0.00 0_00 $0.00 3. That said Owner does hereby irrevocably offer to District a temporary blanket easement for a sanitary sewer system including mains, services, and related appurtenances, over the area described in Exhibit C. The purpose of said easement shall include installation, operation, inspection, maintenance and replacement of sanitary sewer system facilities. L, EASEMENT AGREEMENT PAGE20F3 4. .� This easement offer shall remain in effect until such time as it is replaced with defined easements acceptable to the City. It is the intent of Owner, City and District that this blanket easement will be replaced with easements over the areas with the recordation of Tract 2310-2. That Owner does hereby agree to indemnify, defend, and hold harmless City and District and accept liability associated with abandoning the current District sewer system located on Tract 2310-2 in order to facilitate the release in interest by District. 5. That District, in order to facilitate the release, shall quitclaim all interest in that sanitary sewer easement as described in Exhibits B and C, effective upon City acceptance of new sanitary sewer system. CQ 7 [Q The Owner agrees that these offers and agreements have been made for a valuable consideration, receipt of which is hereby acknowledged. The Owner agrees that this agreement is irrevocable and perpetual and shall be binding on its heirs, legatees, successors and assignees. IN WITNESS WHEREOF, this Agreement is hereby executed by said Owner, City and District on the day and year first above written. SIGNATURES: Attach notaries for all signatures: OWNER: Village CITY: CITY OF TONY _. „m•n.►���:�� Sanders Manaainp Member � °;- /�RO Yp � /O� � a � � J �� � � EASEMENT AGREEMENT PAGE 3 OF 3 � APPROVED AS ,O F M: TIM THY J. MEL, CITY ATTORNEY DISTRICT: JOH CE, DIST ICT ADMINISTOR SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT c � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ... State of California 1/� ss. County of e�A�\ 15��4 U��S�j_ On �ERRUAQ�.1 � � before me, - e� r personally appeared �r.a a� ConrnYYan s 1511M0 � v lbbY Aib�C - CaNdryp _ San 1�6 ObYPc CarMY MYCa�m. Expiea5ep20. C�lpersonally known to me ❑ proved to me on the basis of satistactory evidence to be the person(sj whose name(� is/a�e subscribed to the within instrument and acknowledged to me that he/speiN�ey executed the same in his/hec/ibeir authorized capacity(iec), and that by his/pecRbeir signature(s� on the instrument the person(s�, or the entity upon behalf of which the person(sj acted, executed the instrument. WITNES my hand and official seal. �,.h�,. �. i,-, Signaw Mq aryPUdic OPTIONAL Thougb the intormafion below is not required by law, it may prove valuable to persons relying on the document and couW prevent lraudulent removal and reattachment o/ this lorm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporete Officer — Title(s): ❑ Partner — O Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Number of Pages: 3w�F�thr H RIGMT TMUM1IBPRINT OF SIGNER D 1999 Natbnel Notery Asaooation � 9350 De So�o Pve.. PO. Borc 2402 � CM1a�swotlM1. CA 9t3t32J02 � www.natanalnoWryor9 Prod No. 59W Rearaec Call ToILFee Y800.W63B2) / �.. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .� State of California County of �iJ ��S ��« D � ss. On � Dtl � \ � "\rv� l� before me, _� N,c:st'��is � r� "i� � �o� � Neme enE TMe W OANar (e.g..'Jere Doe. Noiery Pud'c� personatly appeared �h N ` 6 \ �C \ Name�e W Srererle) ` ' ❑ personally known to me ❑ proved to me on the basis of satisfactory evidence � CHRISTINE BURKETT U COMM, M73799pp U NOTAqYPUBLIC-CALIpp11NW � F- snN wia oaia�o couMr �� My Comm. Fxplm Oet 4, i00! to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capaci[y(ies), and that by his/herftheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seai. ��� �,.\..� sre�.��re a wi a�ae OPTIONAL Though fhe in/ormation below is nof required by law, it may piove value6le fo persons relying on fhe document and crou/d prevent freudu/ent removal arrd reattechment oi this brm to another document. Description of Attached Document Title or Type oi Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporete Officer — Title(s): _ ❑ Partner — p Limited ❑ General O Attorney-in-Fad ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Number of Pages: RIGHT THU'.1�PR!NT OF SIGNER •v iasv ne�wnai nrnary nsane�ion � M]SO 11¢ So�o Fve., PO. Box 2G02 • CM1e�motlM1, CA 91913�2402 • www.neXanelnolaryp8 p�M. No.59J� Peortlen Cell Toll-Free 1�PY}8)6 p82) � EXHIBIT A ..� Lot 17 of Pismo Beach Gardens in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the map thereof recorded September 3, 1924 in Book 3, Page 45 of Maps in the office of the County Recorder of said County. EXCEPTING THEREFROM, Lots 1 through 13 of Tract Number 2310-1 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the map recorded July 20, 2005 in Book 26 of Maps at Page 83-84 in the office of the County Recorder of said County. r �/ `� � � EXHIBIT B LOT 106 A MB 65 LOT 17 PISMO BEACH GARDENS Ec7 � I:�F i o � M � N � � O � Z m H � U �p Q N � H I THE AREA DESCRIBED IS 1HE I EXISTING 15' EASEMENT FOR TRUNK SEWER I PER 1361-280 OFFICIAL RECORDS. I L� 1 PATRICK T. CORCORAfV ��� \ _No. 6325 . � � I I � � I I � 01 M O � Z � m U � Q � � F 15' 't "� a — — — — — — --�— — "� Z FARROLL AVENUE _ a < Y 2 ag ag m m ProJeet•FARROLL ESTAlES SCALE: 1"= f 00' �escriPtlon: SENER EASEAIENT EW/BIT 100' 0 100' 200� srnnrzccoNSU�nNCirx. 310 NORTH W ESIIAKE BOUIEVARD SUITE I50 G S,��E WESTLIKEVILLAGE,CA9136] $}�I�C 805.495.6522 a�cn� ; IROOIIDaIS OiROL �,.+',!` �_ �„� S►� L9IS OEISM OOO�Y! � ;,=-.•'� . 1 r� n .: �;;-'�' ; u 1 R 3 4 5 6I ql 8 9 10 lll 12 13 14 16 -�.. �8 19 20 P1 E2 23 24 25 va1361 r�280 E A 5 E M S N T FOR A VALUABLE CONSIDEPATION, receipt of which ie hereby acknowledged, TAKI SAIV�MOTO, a macried woma�i, ROBERT YOSHITO SAIU- PiOTO, a single man, and CHIYOKO SA1(AMOTO, a single woman, do hereby grant to the South Lan Luis Obispo Coun[y Sanitation Discrict, and easement for, and the tight to construct, maintain, opezate, and use a sanitary sewer trunkline in, under and acroas of the herein- a£tec described property. A right of way for construction and maintenance � oP a trunk�sewer over the easterly 15 Eeet of L�t 17 of Pismo 8each Gardens, in the Covnty of San Luis Obispo, State of Cali.fornia, as per map recorded in Book 3, page 45 of Maps, in the office of the county recorde= of said county. c Dated: March 'tl ;1965. d�z� : a c� 1 �-�„�! �:� Taki Sakamoto 1� '+! C. _,.1. _ . (. � " Robert oshito Sakamoto �. ' i �� �� 1 _ �' "• Chiyoko Sakamoto �� �o... ` /i.E..- STATE OF CALIFORNIA ) )ss- COUNTY OF SAN LUIS OBISPO) � On March ������,;Z 965, before me. the undersigned, a Noeary Public in and for said County and State-, pecsonally appeared TAKI SAKAMOTO, ROBERT YOSHITO SAKHMOTO, and CHIYOKO SAKAMOTO, 26II known to me as Che perso��s whose names are subscribed [o the wit 27�� inst[ument and acknowledged [hat they er.ec:•ted [he same. Q$II WITNESS my hand and official seal. 29 S� I, 31 Ij 32 I; an�ln�wn � u �v ss .uWnO�n� . l`tl Cr.ur�wu JANL R.TMOMVlOM � _� .. . � ���,,,,,,,, Notary Pub ic in and fot said , r•nc..�� �••� County and Star.e � � 1�3'.I.Tin:�':7:1 � •t'LRf htMK � �` ..l'fMY�DfOMIfI i �L . ✓-., . . .— i � escown� onict „►� cox.+ oeiaro cooerr CERTIFICATE OF ACCEPTANCE THIS IS TO CEATIFY that the interest in real property convcyed by the _�asement Dced dated :larcli 31, , 1965. fran Taki SaAamoto ChivoAo Sakanoto �ku Rohert Yoshito Sakamoto to the SOUTH SAN LUIS UBISPO COUNTY SANITATION DISTRZCI', a governmental agency, is hereby accep[ed by the undersig�ed officer or agent on behalf of the Aoard of Directors of the SOUTH SAN LUIS OBISPO COUN7'Y SA[7ITATION DISTRICf, pursuant to authority conferred by [iesolution of the eoard of Direc�ors of the SOUTN SAN LUIS OBISPO COUNTY SANITATION DI51RZC1' adopted on June 23, 1965, and the grantee coneenta to rec..rdation thereof by its duly authorized officer. DATED: June 2.i, 1965 - ` ZF'SQ�i� J4C ��^ent Ne..�= �— �J'� � � �� p����!3.4./-.°�a' i.__ � . .�i�i7fiu osisro eao""'. kUG - 51965 SOVTH SAN LUIS OBISPO COUN7'Y SANITATION DISTRICI' By3 –'� Ch ' man E the Board of D rectors � � � /q`�� F � EXHIBIT C-1 �, LOT 106 A MB 65 N89'S4'13'E 456.74' L6 TENTATVE TRACT N0. 2310-2 CORCORAN PORTION OF LOT 17 PISMO BEACH GARDENS '*' ��� � � I a o � � � N � M O � 3 Z Cp o 0 H � in U r � N Z H I L4 A lEMPORARY EASEMENT TO iHE CITY OF ARROYO GRANDE FOR THE PURPOSE OF PUBLIC SEWER SYSTEM AND STORM DRAIN IMPROVEMENTS; BLANKET IN NATURE L3 C7 No. s � ao n 3 a A ° o z CURVE TABLE CURVE OF1.TA RADIUS LENG7H TANOENT Ci 22'IB'57' 27&00' 107.50' 54.�4' N89'45'00'E 451.49' M � rn M O � Z r m U � � ^ H < " ��v __ . - — � N — — '� Z FARROLL AVENUE Z a a Y 2 Y Z m5 m5 Project: FARROLL ESTATES SCALE: 7"= f 00' Description: TE'MPORARY EASEMENT EXHIBIT 100' 0 100' 200' sT�nnc corumnNC �r�c. -' 310 NORTH WESMKE BOULEVARD GRAPHIC SCALE � suiTe iso �-- WESTW(EVILLIGE,CA 9136] $}�I�EC 00S495b522 rrm�� � Jo6 No.: 170061.00.002 Date: 10-13—OS �.. � EXIIIBTI' `C' LEGAL DESCRIP'I'ION A temporary easement to the City of Arroyo Grande for the purposes of public sewer system and storm drain improvements, described as being a portion of Lot 17 of Pismo Beach Gardens, in the City of Arroyo Grande, County of San Luis Obispo, State of California, as per map recorded in Book 3, Page 45 of Maps in the Office of the County Recorder of said County, more specifically described as all of that portion of said L.ot 17 lying easterly of the following described line: Beginning at the intersection of the southerly line of said I.ot 17 with the easterly line of Tract 2310-1 as per map recorded in Book 26, Pages 83 and 84 of Maps in the Office of the County Recorder of said County, distant thereon, South 89°45'00" West 451.49 feet from the southeasterly corner of said Lot 17; thence along said easterly line the following 8 courses: l North 00°15'00" West 24.26 feet, to the beginning of a tangent curve concave easterly and having a radius of 276.00 feet; thence 2" northerly along said curve through a central angle of 22°18'ST' an arc distance of 107.50 feet; thence 3` North 22°03'ST' East 34.36 feet; thence 4`� North 00°15'00" West 56.34 feet; thence 5`� North 84°28'S7" West 53.16 feet; thence 6�' North 00°15'00" West 401.77 feet; thence 7`� North 89°54' 19" East 15.91 feet; thence 8`� North 00°OS'41" West 95.48 feet to the northerly line of said Lot 17. Said easement is blanket in nature, shown graphically on Exhibit `C-1' attached here to and made a part hereof. � ►■ T. CORCORr /� � sJ, No. 6325 \9r_ i2�1-o END OF DOCUM. ENT