The URL can be used to link to this page

Home My WebLink About2004-061809� RECORDING REQUESTED BY: City of Arroyo Grande WHEN RECORDED RETURN TO: Kelly Wetmore, Director of Administrative Servic City of Arroyo Grande P.O. Box 550 Arroyo Grande CA 93421 JULIE ROD�LD San Luis Obisp unty— Clerk/Recorder Necorded at the requeat of Public DOC#: � 2004061809 IIII IIIIIIIIIII III LANDSCAPE, PEDESTRIAN, UTILITY AND ACCESS CONTROL EASEMENT �-'`� SK 7/14/2004 4:59 PM Titles: 1 Pages: $ Fees 0.00 Taxes 0.00 ome� o.00 PAID $0.00 THIS OFFER OF LANDSCAPE, PEDESTRIAN, UTILITY AND ACCESS CONTROL EASEMENT is made this 13th day of July 2004, by Joseph Gordon Scolari, as trustee of the Joseph Gordon Scolari and Eldeen W. Scolari 1979 Revocable Trust, as to an undivided one-half interest; and William G. Gerrish and Nancy L. Gerrish, trustees of the William G. Gerrish and Nancy L. Gerrish Family Trust dated February 29, 1996, as to an undivided one-fourth interest; and Ronald R. Olson and Shazon B. Olson as trustees of the Ronald R. Olson and Shazon B. Olson Living Trust dated July 31, 1986, as to an undivided one-fourth interest, herein after called offeror, and for valuable considerations, hereinafter described, and WHEREAS, the offerors aze the owners of the real property located at the northeast corner of East Grand Avenue and Courtland Street, addressed as 1490 East Grand Avenue, as described in E�chibit A, currently containing a leased service station and convenience store known as "Gi1Ps Market and/or Liquor," and WHEREAS, the City has proposed closure of an existing driveway on East Grand Avenue neaz the intersection with Courtland Street to eliminate conflicts with right turn traffic and offers to reconstruct the 36 foot wide driveway at CiTy expense with City standard curb, gutter, and sidewalk, and WHEREAS, That the City will construct a maximum 3 foot tall 80 foot long split fence concrete block wall or equivalent quality screen wall to a design acceptable to the Architectural Review Committee, and located generally along the outside edge of the easement (five feet behind back of the public sidewalk and right of way, and with provision for a corner monument sign base located at the western end of the screen wall perpendicular to the wall and East Grand Avenue, and WHEREAS, the City will install landscaping including street trees, ground cover and possible bench, trash receptacle and planting similaz to mid block bulb-outs at City expense including design review and installation, utilizing drip irrigation connected to private irrigation system, and WHEREAS, That the City will waive or refund the $1040 filing fee associated with Planning Commission Conditional Use Permit associated with Gi1Ps Market building remodel, including trash enclosure and pump island canopy construction, and � � WHEREAS, That the City Council will consider approval of a$5,000 Community Development Block Grant (CDBG) fagade enhancement grant for building awning, signage and/or painting, landscaping, store front walkway or other eligible exterior improvements, and WHEREAS, The City has formed an underground utility district and is planning and designing a project in the Gateway segment of East Grand Avenue that will place conduit and eventually convert overhead lines within the right-of-way and/or the adjoining five foot easement azea, NOW, THEREFORE, said offeror makes this voluntary offer of an easement for the purposes of providing for landscape, pedestrian, utility and access control improvements proposed by the City, and covenants and promises as follows: 1. That said offeror does hereby offer the City of Anoyo Grande, the easement along with incidental uses over, under upon, and across the property described in E�ibit « 2. It is understood by the owners and the City that said easement shall be maintained in good condition by the tenant of the property described in Exhibit "A" and that the improvements installed and constructed within the easement described in Exhibit "B" will not be removed or altered without written consent of the City, and 3. That said offeror agrees that the easement is and sha11 be binding on their heirs, successors and assignees. IN WITNESS WHEREOF, this offer is hereby executed by the said offeror on the day and year above within. Offeror r'� . � % i � �+� _L � � -�� .� � . OfFeror �T�.�o- � ��i,J� h.G�1A^ �onald R. Olson and Shazon B. Olson, trustees Page 2 of 6 � Exhibit A. Legal Descriprion of Property Subject to Easement � Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California described as follows: Pazcel 1 of Parcel Map No. AG-70-1, according to map filed for record February 18, 1970 in Book 4 of Parcel Maps at page 5 L(APN 077-341-049). Page 3 of 6 �. � Exhibit "�' Permanent Easement for Landscape, Pedestrian Access, Utility and Access Control Purposes That portion of Parcel 1, of Parcel Map AG-70-1, in the City of Arroyo Grande, County of San Luis Obispo, State of California, as shown on the map filed in Book 4, Page 51 of Pazcel Maps in the Office of the County Recorder of said County, described as follows: Beginning at the southeast corner of said Pazcel 1, thence along the easterly line of said Parcel 1, north 3°15'00" east 5.00 feet to a point on a line parallel with and offset 5 feet northerly from the southerly line of said Pazcel 1; Thence, along said line, north 86°45'00" west 98.66 feet to the southwesterly line of said Pazcel 1 and the beginning of a non-tangent curve concave to the northeast having a radius of 10.00 feet, and to which beginning a radial line beazs south 63°15'00" west; Thence along said southwesterly line, southeasterly and easterly along the azc of said curve through a central angle of 60°00'00" a distance of 10.47 feet to the southerly line of said Pazcel l; Thence along said southerly line south 86°45'00" east 90.00 feet to the point of beginning. Containing 481 square feet more or less. The above-described piece of land is graphically shown on Exhibit "B" attached hereto and made a part hereof. End of Description. � ?�Q� ---�e�t '/ 0 G� vf `� - � ¢ .* � LS. 6984 George Y. azchenko LS 6964 Date �� License Expiration Date: 9/30/2005 J�, � PUE.doc �q�j f[.. � J � �D � ... STATE OF CALIFORNIA ) COiJNTY OF SAN LLJIS OBISPO ) .� On YV1 av �l5 J-o�'-{ , before me, �-1 n�a. �• Sc� r ocole-V' , Notary Public, person ll ppeared JOSEPH GORDON SCOLARI, personally known to me eF-p�eatcd� to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WIT'NESS my hand and official seal. Signature � (�� FOR NOTARY STAMP STATE OF CALIFORNIA ) COLTNTY OF SAN LUIS OBISPO ) � LINDA E. SCHROEDER � � �.. COMM. H�611T m jq :�. Notuy PublloCalMOmla N W . &UILUISOBISPOCWNTY + � My 6emm. Exp. Nn 9, tBiB On S u.�U I�� , before me, �\�Q� t��✓� YG1.Wl�t�'� > Notazy Public, pei ona ly appeazed William G. Gerrish and Nancy L. Gerrish, personally known to me to be the persons whose names aze subscribed to the within instrument and aclrnowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature � 1� �SS mv hand and official seal. � FOR NOTARY STAMP REBECCAANNYAMATE Commission#1373175 i � e Notary Public - California a San Luis Obispo County My Comm. Expires Sep 6, 2006 Page 5 of 6 �.. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO .s On wld''� 2-S '�.00 � , before me, �..tt��4, E S�ti��d.� , Notary Public, personally appeazed Ronald R. Olson and Shazon B. Olson, personally known to me� to be the persons whose names aze subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the insmunent. WITNESS my hand and official seal. Signature � (�-�� L and official sea1. Signature .I\:�'Lc�\�IS IINDA E. SCMROEDER � `�':.. COMM. t1�61tT7 W : �s NoWyPUbllo-Califoml� f :�, sanw�soeisaocaHrr � My canm. Exp. An Y, 4008 [ �w��{ Page 6 of 6 I I I � � I I I 0 0 0 0 �o. o0 � m � � � � 0 � i � 0 c� �o.00' . Grand Avenue NO3°15'00"E 5.00' �—Point of Beginning. Landscape, Pedestrian Access, Utility and Access Control Easement per this Instrument. 0 0 0 0 � LS, � �7`!'�¢ES ♦ 4-3o-os S 90.00' CURVE LENGTH ft. RADIUS ft. DELTA C1 10.47 10.00 60'00'00" Legal Description Exhibit "B" A portion of Parcel 1 of Parcel Map AG 70-1 in the City of Arroyo Grande, County of San Luis Obispo, State of California, per the map filed in Book 4 of Parcel Maps at page 51 in the Office of the County Recorder of said County. �'' � EXHIBIT "B" � i S 7 00. 00' � � I o �° I Parcel 1 N AG 70-1 w � o � � �n IM 0 5� I z N �N _ _ . 98.66' l � � �• :� � � � 1 inch=40 feet \ � J Sheet t of 1 John L. Wallace 8i Associates � 0232.304 (19�rand PUE.dwg 1=100' 04/29/04 �.. ..� This is to certify that the interest in real property conveyed by the Grant of Lanscape, Pedestrian, Utility and Access Control Easement dated July 13, 2004, by Joseph Gordon Scolari, trustee; William G. Gerrish and Nancy L. Gerrish, trustees; and Ronald R. Olson and Sharon B. Olson, trustees, is hereby accepted by order of the City Council on July 13, 2004, and the City of Arroyo Grande consents to recordation thereof by its duly authorized officer. �'/Y�' ' —�' s�•.,r�ii --- - • � � - • �--• • �� ATTEST� � ��. KELLY E ORE DIRECTOR OF ADMINISTRATIVE.SERVICES/ C TY OF AR OYO GRANDE 4 P�� V ► �K C�\ r p � 0 p � m ��lY 10, �, �,� \� / F b�� END OF DOCUMENT