HomeMy WebLinkAbout2003-137296RECORDING REQUESTED B`T�-'
CITY OF ARROYO GRANDE
WHEN RECORDED, RETURN TO:
Director of Public Works
City of Arroyo Grande
208 E. Branch Street
Arroyo Grande, Califomia 93420
JULIE RODEW�-lD
San Luis Obispo (.
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EASEMENT AGREEMENT
Titles: 1 Pages: 11
Fees 0.00
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PAID $0.00
THIS EASEMENT AGREEMENT, made this .s day of -�U�1S� 200�7- ; by and
between, the CALIFORNIA PACIFIC ANNUAL CONFERENCE OF THE UNITED METHODIST
CNURCH, a Califomia nonprofit corporation, (hereinafter referred to as "TMC"), and the CiTY OF
ARROYO GRANDE, a Municipal Corporation in the State of Califomia, (hereinafter referred to as "
CITY"):
WHEREAS, CITY presently owns and operates a public water tank and related facilities on real
property leased from TMC pursuant to that certain 99 year lease dated May 24, 1929, and recorded in
February 18, 1937, in Book 209 at Page 250 in the O�cial Records of the Office of the County
Recorder of the County of San Luis Obispo, State of Califomia, (hereinafter referred to as "Lease"),
and;
WHEREAS, CITY desires to modify the boundaries of the area occupied by CITY's public water tank
and related facilities, and;
WHEREAS, CITY desires to demolish the existing water tank and construct a larger water tank and
related facilities, and obtain all necessary rights for said water tank and related facilities; and;
WHEREAS, TMC and CITY desire to terminate all provisions of the Lease, and to hereby establish a
new agreement containing mutually agreeable provisions;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
1. The above recitals are true and correct and incorporated herein.
2. TMC is the owner of the real property described in Exhibit A attached hereto and incorporated
herein by reference
EASEMENT AGREEMENT �'
PAGE 2
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3. TMC does hereby grant to City an exclusive permanent easement on, in, over, under, across,
and above the real property described as Parcei 1 in F�chibit B("Parcel 1") attached hereto and
incorporated herein to construct, maintain and operate a public water tank, and related facilities,
inciuding, but not limited to communication antennas, drainage facilities, landscaping and
incidental uses. Said permanent easement shall include the right to install, repair, maintain,
replace, operate, and improve any and all facilities necessary for the use and operation of a
pubiic water tank and related facilities.
4. CITY shall pay to TMC a one-time fee in the amount of Seventeen Thousand Four Hundred
Thirty Nine Dollars ($17,439.00) as full compensation for all rights granted herein.
5. CITY will also pay to TMC a one time fee in the amount of One Thousand Nine Hundred Three
Dollars and Seventy Seven Cents ($1,903.77) as full compensation for the City's obligation to
supply TMC water under the Lease.
6. CITY and TMC agree that the purpose of this Agreement is to enable City to use the permanent
easement property for public utility purposes, for the operation and maintenance of a water
storage facility, and that at such point in time as the City in its sole discretion ceases to require
the use of the permanent easement property for such purposes then the City permanent
easement shall be extinguished. Upon extinguishment of the permanent easement, CITY shall
remove only the above ground portion of CITY facilities at its sole expense, upon written request
from TMC that the facility is to be removed or as othervvise agreed by the parties.
7. CITY shall pay for all utility services it consumes or uses in its operations on Parcel 1 at the rate
charged by the servicing uti►ity companies.
8. CITY agrees that it will not use, generate, store or dispose or permit the use, generation,
storage or disposal of any hazardous material on, under, about or within Parcel 1 in violation of
any law or regulations. To the best of CITY's knowledge witfiout investigation, CITY represents,
warrants, and agrees (1) that neither the City nor any third party has used, generated, stored or
disposed of , or permitted the use, generation, storage or disposal of any Hazardous Material,
and (2) the CITY will not and will not permit any third party to use, generate, store or dispose of
any Hazardous Material on, under, about or within Parcel 1 in violation of any law or regulation.
CITY and TMC each agree to defend, indemnify and hold harmless the other and the other's
partners, affiliates, agents and empioyees against any and all losses, liabilities, claims andlor
costs (including reasonabie attomeys fees and costs) arising from any breach of any
representation, warranty or agreement contained in this paragraph. As used in this paragraph,
"Hazardous Material" shall mean petroleum or any petroleum product, asbestos, any substance
known to cause cancer and/or reproductive toxicity, and/or any substance, chemicai or waste
that is identified as hazardous, toxic or dangerous in any applicable federai, state or local law or
regulation. This paragrapM shall survive the termination of this Agreement.
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EASEMENT AGREEMENT
PAGE 3
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9. Should any provision of the Agreement be held by a court of competent jurisdiction or by a
legislative or rule making act to be either invalid, void or unenforceable, the remaining provision
of this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or
rule.
10. This Agreement constitutes the entire agreement beiween the parties and supercedes all prior
discussions, negotiations and agreement whether oral or written. Any amendment to this
Agreement, including an oral modification supported by new consideration, must be reduced ic
writing and signed by both parties before it will be effective.
11. The Agreement runs with the land and inures to the benefit of, and is binding on, the parties,
their respective heirs, personal representatives, successors and assigns.
12. Masculine, feminine or neuter gender and the singutar and the plural number, shall each be
considered to include the other whenever the context so requires. If either party consists of
more than one person, each such person sfiall be joinUy and severalfy liable.
13. This Agreement and all matters relating to this Agreement shall be governed by the laws of the
State of Califomia in force at the time any need for the interpretation of this Agreement or any
decision or holding conceming this Agreement arises.
14. This Agreement may be executed in two or more counterparts, each of which shall be deemed
an original, but all of which shall constitute one and the same instrument.
15. Each party and its counsel shall have participated fully in the review and revision of this
Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in interpretation of this Agreement or any amendments or exhibits
thereto.
16. The parties hereby represent that the individuals executing this Agreement are expressly
authorized to do so on an in behalf of the parties.
17. Amendments to this Agreement shall be in writinq and shali be made only with the mutual
written consent of all the parties to this Agreement.
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EASEMENT AGREEMENT
PAGE 4
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IN WITNESS WHEREOF, this agreement is hereby executed on the day and year first above written.
SIGNATURE BELOW INDICATES AGREEMENT WITH THE TERMS HEREIN
THE CALIFORNIA PACIFIC ANNUAL CONFERENCE OF THE METHODIST CHURCH
...........�, .... r•;�b �����A��
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Name, itle ................................... Name, Title
CITY OF ARROYO GftANDE .......
Tony F ra, Mayor
ATTES�
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Kelly e re, Deputy City Clerk
STATE OF CALIFORNIA: ss
COUNTY OF SAN LUIS OBISPO
On , 20_, before me,
personally appeared, personally known to me (or proved to me on
be the person whose name is subscribed to the within instrum
executed the same in his authorized capacity and that by hi igna
�hr �� �
�c>�
,n( �
" , a Notary Public,
a sis of satisfactory evidence) to
and acknow4edged to me that he
re on the instrument the person, or
the entity upon behaif of which the person acted, exe d the instrument.
...............................................�itness my hand and official seal
.......� ....................................
STATE OF CALIFORNIA: ss
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EASEMENT AGREEMENT
PAGE 5
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On , 20_, before me, , a Notary Public,
personally appeared, personally known to me (or proved to on the basis of satisfactory evidence) to
be the person whose name is subscribed to the withi nstrument and acknowledged to me that he
executed the same in his authorized capacity and t t by his signat�re on the instrument the person, or
the entity upon behalf of which the person act , executed the instrument.
........................................ ./........... Witness my hand and official seal
..... � ........................................
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.—_ — --- ---- SLO-931732 LG
EXHIBIT , A .
Be;inniq; ac post South 75' at the tiVest comer of Loc 2$ ar' Har*is` Resubdivisions oi par o�
the Ranehos Cor:�l de Piedra, EI Pismo and Bolsa de Chemisai, the property of E_W. Steele,
made in 1385 in accordance with map recorded November 24, 188b in Book A, Page 63 of
Ntaas. ir�. the o�ce of the Counry Recore�er of said Counry and runnin� chenca aleng old Sence
on ��.4'esA::rly iine ot' ihe said Lot 28, (=) - Norrh 23°�2' Easc, 'I6.2 feet to point in cente:iin�
produce.� of a 50 foot road running Norrh 54°40' Easc and from whicl point a stake in the
Northeriy line of the said road bears North 28°32' East, 56.7 feet distanc; thence on ihe
centerline of 50 foot road, (Z) - Norrh 54°40' East, 428.1 fee[ to point from which an iron post
bears Nqrth 22 °03' West, 25.7 feet distaat and an iroa post bears South 81 °15' West, 55.9 feet
distan[; �3) - North 81 Easc, 394.1 feet to poinc from which an iron post on Fast side of
road beaFs Norrh 81°15' East, 25 feet distant and an iron pasc bears North 36°15' East, 35.35
feet dis�}nc; C4) - South S°45' East, 3025 feet W an iroa post from which an imn post beazs
North 2S°45' Fast, 40.1 feet disrant; thence leaving centerline ofroad; (5) - South 29°45' West,
80_6 feeF to an iron P�t: <6) - Sonth 52°55' West, 56.6 feet to an iron post; (7) - South 8°00'
East, bQ,6 fcet to srake on Noctherly side of a road 70 feet wide; thence running along the
Northerly side of said road, (� - South 80° 1T Wesc, 15Q fee� thence leaving said mad; (9) -
South 9 F.ast, 176..6 feet to stalce in Northerly liae of la� of W.H. Ryar►= - rhence runaiaB
along aq oid feoce the general course of which is South 57° Wcst; (10) - South 57°00' West,
526.9 feEt w statce: -(11) - North 9 West, 188.6 feet to srake; (12) - Souih 81 °24' Wesc,
250 feet to point in center of 50 foot road from whict► an iron P°n beazs S°"tt' 81'24� Wast,
25 fcet e�istant:.- theace on ceaterline of the Iast named road; (13) - Noah 8°49' West, 854.7 -
foec to Aourc in Wat line of Lot 29 of the Eiarris' Resubdivisions herein befare named from
wtsich a stalce at tha iaterse��ian of the West li� of road with the said lot line beazs South
2g°32' �Vesc, 41.2 feet distaat: - thencc along o!d fence on the said lot line; (14) - North
28 °32' k;ast, 204_9 feet to poi� oE beginninS, the tract described being a part of L.ots 26. 2S and
29 of thC said Harris' Resui�division.
EXCEp`�' any pottion as descnbed in deed recorded March 1, 1963 in Book' 1228, Pa;e 256 of
Official �tecords. -
*+���s
DEC-li-2��2 23:2� FROM:LYON&CRRMEL 8�5-543 T0:?;3544� P:1� 1�
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EXHIBIT A CONTi NvcD
Thac pqrdon of Lot 29 of the Resubdivision of the Rancho Corra! de Piedra, Pismo and Bolsa
de Che�nisal, in the City of Arroyo Grande, in che County of San Luis Obispo, State of
Califonua, as surveyed by R.R. Harris, Novcmber, 1885, according to map thereof recorded
Novem��er 24, 1886 in Book A, Paga 63 of Maps, in the o�ce of the County Recorder of said
County, described as foilows: .
Beginnjpg at 5.75 on thc Northwesterly line of Lot 29; thence along the Norrhwesterly line of
said Lo� 29, South 29°22' West, 161.18 feet to a point; thencc atong the Northeasteriy line of
the lanc.� conveyed to the City of Arroyo Grande by deed recorded in Book 211, Page 263 of
Officia� Records, South 26°06' Frast, 335.37 feet to a point on thc Westerly line of land
convey4;d to the Atroyo Grande Methodist Episcopal Church by deed recorded in Book 87, Page
42 of Tlceds; thence North 8°49' West along the Westerly li� of the land conveyed to said
church, 446.92 feet to the true point of 6eginning.
:rsss
DEC-11-_�02 23:25 FROM:LYON3CRRMEL 6�5-543-3857 T�:4�354�3 P:1c�i°
, � �
Exhibit "B"
File no: 2 32 5903(751) September 14, 2001
Portions pf the la�d described in the deeds recorded in Book 209, Page 250 of Officiai Records and
Book 97, Page 370 of Deeds in the San Luis Obispo Couniy Recorders Office, also being a portion
of Lot 29 of R.R. Harris' Resubdivision of Ranchos Corral de Piedra, Pismo and Bolsa de Chemisal
as showqi on th.e map filed in Book A of Maps at Page 63, in said County Recorde�s Offce, in the
City of A�TOyo Grande, County of San Luis Obispo, State of California, said portions described in
Parcels 1, 2, and 3 as foilows:
Parcel � �
-� That por�ion of the land described as follows:
_ _ Beginnir�g at the southerly comer of first said deed, said comer being marked by a one inch
diametep iron pipe and pla3tic plug stamped "LS. 6192" as shawn on the Record of Survey filed
in Book �j7, Page 20 of Licensed Surveys in the OfFce of said County Recorder,
Thence �long the weste�ty�line af said deed north 7°58'31" west 173.68 feet;
Thence porth 63°50'20" east 23.00 feet;
Thence �t a right angle south 26°Q9'40" east 185.00 feet to a point that lies 20.00 feet southerly
of the s�lutherly fine of first said deed;
Thence parallel with said southeriy line south 83°50'20" west 83.T7 feet to a poirrt on the westeriy
tine of si3cond said deed;
Thence plong the westerly line of last said deed north 7°58'31" west 21.05 teet to the True Point
of Begiqping. •+
Parcel � .
Afl of th�; land in said first deed and a strip of land lying 50.00 feet southerly of the southeriy line
.
of said (�eed. �
The weyterly termini of said strip to terminate on the westerly line of second said deed.
The norjhedy termini of said strip to terminate on the northeasterly projecYion of the northerly Iine
of Parcql 1 as herein described a6ove.
Except �hat portion tying within Parcei 1 as herein described a6ove.
Parcei � ".
All of th� tand in said first deed.
Except �hat portion lying within Parcels 1 and 2 as herein described above.
The abnve described pieces af land are graphicaily shown on Exhbit °B-1" attached hereto and
made a part hereof. .
� End Description „ �J►�`�Q $[�,.
.
J
J eph . Morris P.L.S. �z
No. 8192
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• Found 1" IP L5 6192,per 77/LS/20
, unless noted otherwise
T.�p — True Point of Beginning
— Temporary Construction Easement (Parcel :2)
� � — Tamporary Constrvction Easement (Parcel 3)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
�
State of California
/ _ � ss.
County of !�5 ��
� 7
On . � , before me, �r� �, hl �. ��_\� (.1�1/a
D e ,� _ Name antl Ti�le of Offcer (e.g.. "Ja Doe, Notary Public')
personally appeared
'�ersonally known to me
�' proved to me on the basis of satisfactory
evidence
to be the personJ whose name(.e') is/afa
subscribed to the within instrument and
,�_� acknowledged to me that helsNe/tl�iey executed
,p�LnwnF � the same in hisHaeF{i7�ieis authorized
� Certa�idonf1298B7S capacity(isej' and that by his/�eFklieic
� NotaryP�lic-CalikmM � signatureJe') on the instrument the person(�vJ, or
LasMpsbsCouMy the entity upon behalf of which the personEsj'
��°�'����'� acted, executed the instrument.
WITNESS my hand and official seal.
. '
Place Notary Seal ADOVe Sig aWre of No� Pu lic
OPTIONAL
Though the information be/ow is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulen[ removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner—O Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signerls Representing:
RIGHT THUMBPRINT
OF SIGNER
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—
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of SA N r S 0 8 � S Pa ss.
On I2� I–D3 , before me,`I �GUL'J UVCnY1��� /Ud �lQ�l UBl-l�
Date i _ ame antl Title of Officer (e.g.. "Ja e Doe, No[ary Pub c')
personally appeared
`�ersonally known to me
fJ proved to me on the basis of satisfactory
evidence
_ �.
`r .
. S'.
\� ../ .. ..
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Place No[ary Seal Hbove
to be the person(ej whose nameEs) is/aFe-
subscribed to the within instrument and
acknowledged to me that he/skeHHey executed
the same in his', ;�� authorized
capacity{iesj, and that by his/He�'f#+eir
signaturefsj on the instrument the person(sj, or
the entity upon behalf of which the personfsj
acted, executed the instrument.
WITNE y hand an offic'al seal.
�� ��
naWre of No�ary Pu�lic
OPT/ONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent iraudulent 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:
LJ Individual
❑ Corporate Officer — Title(s):
❑ Partner — C7 Limited ❑ Ge I
': ! Attorney in Fact
� Trustee
� Guardian or servator
❑ Other:
Number
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
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