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Home My WebLink About2004-0918064 RECORDATION REQUESTED BY AND WHEN RECORDED MAIL TO: Ms. Kelly Wetmore Administrative Services City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 JULIE RODE►'"�LD San Luis Obispo �,Jnry—Clerk/RecoMer Necorded at ihe request of Public Titles: 1 Pages: uoca: 2004091806 IIIIIIIIIINII GRANT OF EASEMENT Feas raxes omer� PAID NR 10/18/2004 8:18 AM 0 o.00 0.00 o_oo $0.00 FILED FEE PAID E P7 OUT OF STAiE For valuable consideration, the receipt of which is hereby acknowledged, DeBlauw Builders, Inc., a Califomia corporadon ("DBI") hereby grants to the Ciry of Arroyo Grande, ("Ciry") a non-exclusive easement, over a strip of land (10') feet in width, across a portion of Parce16 of Parcel Map AGAL-00-005 as filed at Book 56, Page 43 of Parcel Maps in the official records of San Luis Obispo Counry, California (the "Servient TenemenY'), as more particularly hereafter described. The specific location of said easement being more particululy described in E�►ibit "A" and by this reference hereby incorporated, (the "Easement"). 1. Nature of Easement: The nature of the Easement shall be a"non-building" easement over that portion of Parcel6 of Parcel Map AGAL-00-005 as filed at Book 56, Page 43 of Parcel Maps in the official rewrds of San Luis Obispo County, California, which consists of a ten foot (10') strip of land located immediately adjacent to the westerly boundary line of said Parcel 6, and as more particularly described in Exhibit "A" attached hereto and by this reference is hereby incorporated. 2. Purpose of Easement: That the purpose of the Easement shall be to establish a perpetual easement in favor of the City for open access to light and air upon the Servient Tenement and immediately adjacent to the adjoining real property, to wit: Parcel7 of Parcel Map AGAL-00-005 as filed at Book 56, Page 43 of Parcel Maps in the official records of San Luis Obispo County, California (hereinafter the "Adjoining Property"), so as to allow for a"zero" set-back development on the Adjoining Property. DBI hereby agrees that it shall build no permanent structures within the "non-building" easement herein granted which would interfere with consriuction and/or use of operable and non- rated door and window openings to be located at or about the boundary line between the Adjoining Property and Servient Tenement lying immediately adjacent to the Easement. 3. Reservation of Rights: DBI hereby reserves the right to otherwise utilize, ]andscape and improve the land underlying the Easement herein granted for any and all lega] purposes. There shall be no physical use by the City of the Easement, nor shall this �..- ,..1 easement grant be deemed to provide the City with any right of access to the Easement. Nothing herein contained shal] be deemed to provide the City with any rights as to the Easement which are not specifically herein described. 4. Maintenance: Except as may otherwise be hereafter agreed to in writing, DBI shall be responsible for the costs and expenses associated with the maintenance of the real property underlying the Easement. 5. Continued Use and Enjoyment: The owners of the Servient Tenement shall have the use and enjoyment of the Servient Tenement in all respects other than those which unreasonably interfere with the Easement herein described. 6. Successors: This instrument shall bind and inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the undersigned have executed this instrument the day and year next to their respective signatures. DeBlauw Builders, Inc. a California wrporation Dated: o — �i�- � fi �li-✓,. ; . , �. . " This Grant of Easement is hereby approved and accepted: Dated: �� /D � By City rroyo Grande .� EXHIBIT `A' � Commencing at a point on the westerly boundary of Parcel 6 lying 66.43 meters north of the southwestern corner of Parcel6 (the "true point of beginning") then proceeding north 00° 04' 38"east approximately 13.80 feet to a point which lies ten feet perpendicular to the westerly boundazy of Parcel6. Then proceeding north 46° 22'S2" west to a point which lies 14.14 feet from the northwestern corner of Parcel6; thence north O 1° 22'S2" west to the northwestern corner of Parcel6, then south east along the westerly boundary of Pazce16 to the true point of beginning. The foregoing description is more particularly depicted on Exhibit "B" attached hereto and by this reference hereby incorporated. � r � � m Z � r v x �� oS vm z m O A� c C �C � � r� r o m o � D � Z � I _ ;� � � � -- ------� � �,� ,,� ; � � 1 I I � I I I I � I � �i � �� _ � �I � L I �� ' 5 � z � x � o 9 � � J '� � � / �� \ � ,' � I � � I u� � 1 � „� , ♦ �� , i�� ; � _ � .��b�� , i �. , , .. om �� ZN D �� m3 �z mm �Z my ?z 0 m w � � �� _ q CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '1 ' State of California County of San Luis Obispo On October 4, 2004 before me, Ann M Gamble, personally appeazed Richazd Deblauw , ..•.�;.;,;•� -... .. . : .. I ... � �►1• r• � �° r_ .�, ,. y �:y � t _`r�� . �. .• � � � Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGIVER (PRINCIPAL� ❑ Individual ❑ Corporate Officer Title or Type ofDocument ❑ personally known to me - OR -� proved to me on the basis of satisfactory evidence to be the person(�) whose name(�j�/'� subscribed o the within instrument and �owledged to me tha��e/'tk�y executed the same in his/h tl�t authorized capacity(i� and that by is signature�on the instrument the person�, or e entity upon behalf of which the perso� acted, executed the instrument. WITNESS my hand and official seal. n,____`__'_ _r�i_`___' OPTIONAL DESCRIPTION OF ATTACHED DOCUMENT Title ❑ Partner(s) ❑ Limited ❑ General Number of Pages ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Guazdian/Conservator ❑ Other: Absent Signer (Principal) is Representing: Date of Document Signer(s) Other Than Name(s) Above nnM-oos (0�/01) � ..� G�ALIRORNIO ALL .PURPOSE ACKNOWLEDGMENT State of California County of � A A.) �.l S�If� SPa ss. On �n��5'O'�I ,beforeme, �f�.L�-�E7M�R� lva�AR�I Dale Name antl Trtla of �car (e.g.!'Jene Dce, Nolary udic") personally appeared .• .�y-�. .\ t`+/ .. �� -personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s} is/ara subscribed to the within instrument and acknowiedged to me that he/sHe/�#aey executed the same in his/ker�Hieir authorized capacity(ies), and that by his/Merkheir signature(s) on the instrument the person(sj; or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES m hand and official seal. Place No�ary Seal Above Sign re of Notary Public OPT/ONAL Though the information below is not required by law, it may prove valuab/e to persons relying on the document and could prevent fraudulent removal and reattachment of this form 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 ❑ Corporate Officer — Title(s): _ ❑ Partner — � Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER m 199] Natbnal Notary AsaociaHOn • 9350 De So�o Ave., P.O. Box 2402 • ClialswoNh, CA 91313-2002 Prod No. 590] ReoMer Call Tdl-Frce 1-BOo-B]6-882] Number of Pages: END OF DOCUME{VT