HomeMy WebLinkAbout2003-137297n
RECORDING REQUESTED BY �
CITY OF ARROYO GRANDE
WHEN RECORDED, RETURN TO:
Director of Public Works
City of Arroyo Grande
208 E. Branch Street
Arroyo Grande, California 93420
JULIE RODEWALD
San Luis Obispo Co y— Clerk/Recorder
Hecorded at the requeal o�"�
Public
_ _.
NR
12/02/2003
10:56 AM
DOC#:
2003137297
II
EASEMENT AGREEMENT
Titles: 1 Pages: 1 Q
Fees 0.00
Taxes 0.00
Others 0.00
PAIU $0.00
O ��FMOY0� 9 THIS EASEMENT AGREEMENT ("AgreemenY') made this � day of
°"°""' '= S� P�r�1n6�� 20�3 ; by and between, THE CENTRAL CALIFORNIA
u��
,°.'°'•" • CONFERENCE ASSOCIATION OF SEVENTH DAY ADVENTIST, a California Nonprofit
c ��"��� ' Corporation, (hereinafter referred to as "SDA"), and the CITY OF ARROYO GRANDE, a
Municipal Corporation in the State of California, (hereinafter referred to as " CITY"):
WHEREAS, CITY desires to remove the existing water tank and construct a larger water tank and related
facilities and obtain temporary rights for said construction activities, and to establish a permanent right to
the water tank site; and
WHEREAS, SDA desires to grant the necessary easement to facilitate the removal and reconstruction of
a water tank;
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby
acknowledged, SDA and CITY agree, covenant and promise as foliows:
1. The above recitals are true and correct and incorporated herein.
2. SDA is the owner of the real property described in Exhibit A attached hereto and incorporated
herein by reference.
3. City shall pay to SDA $25,762 within ten (10) days of the effective date of this Agreement.
4. SDA does hereby grant to City an exclusive permanent easement on, in, over, under, across, and
above the real property described as Parcel 1 in Exhibit B attached hereto ("Parcel 1") for the
purposes of a constructing a public water tank, and related facilities, including, but not limited to
communication antennas (as long as it does not interfere with existing church radio
communications devices), drainage facilities, landscaping and incidental uses. Said permanent
easement shail inciude the right to install, repair, maintain, replace, operate, and improve any and
all facilities necessary for the use and operation of a public water tank and related appurtenances.
Notwithstanding the terms of this provision, SDA reserves the right to use Parcel 1 in a manner
consistent with City's free use and enjoyment of the easement described in this paragraph.
�-
EASEMENT AGREEMENT
PAGE 2
�
5. SDA does hereby grant to City an easement, on in, over, under, across, and above the real
property described as Parcel 2 in Exhibit B attached hereto ("Parcel 2"), for the purposes of
constructing a public water tank and related facilities, including, but not limited to communication
antennas, drainage facilities, landscaping, public utility lines, access, 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 public water tank and related
appurtenances. The easement granted in this paragraph is nonexclusive. SDA retains the right
to make any use of Parcel 2, including the right to grant concurrent easements in Parcel 2 to third
parties, so long as this does not interfere with City's free use and enjoyment of the easement
described in this paragraph. Should SDA grant any such concurrent easement or otherwise make
use of the easement, then SDA shall be responsible for a pro rata share of all maintenance, repair
and replacement of facilities within the easement.
6. SDA does hereby grant to City a temporary construction easement on, in, over, under, across, and
above the real property described as Parcel 3 in Exhibit B("Parcel 3"), for the purposes of
constructing a pubiic water tank and related facilities, including, but not limited to communication
antennas, drainage facilities, landscaping and incidental uses. Said temporary construction
easement shall be in effect for a period of three (3) years following the date of this Agreement.
7. SDA does hereby grant to City an exclusive permanent easement on, under, across, and above
the real property described as Parcel 4 in Exhibit B("Parcel 4") for the purpose of constructing a
public water tank and related facilities, including, but not limited to communication antennas (as
long as it does not interfere with existing church radio communications devices), 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 public water tank and related appurtenances. Notwithstanding the terms of this provision, SDA
reserves the right to use Parcel 4 in a manner consistent with City's free use and enjoyment of the
easement described in this paragraph.
8. Prior to construction City will pave the existing dirt road located in Parcel 2 with asphalt concrete
over rock base. Upon completion of the project, the City will provide 2-inch overlay of asphalt
concrete. The City shall maintain the roadway in a reasonably safe condition.
9. City will install a permanent chain-link fence along the access road and linking to the existing site
fencing. The fencing will be 42 inches high with a pedestrian access gate.
10. CITY and SDA agree that the purpose of this Agreement is to enable City to use the permanent
easement property for public utility purposes, or other valid public purpose, 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 terminated.
`..
EASEMENT AGREEMENT
PAGE 3
�
11. 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, voir or unenforceable, the remaining provision of
this Agreement shall remain in full force and effect, unimpaired by the holding, legislation or rule.
12. This Agreement constitutes the entire agreement between 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 to
writing and signed by both parties before it will be effective.
13. 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.
14. Masculine, feminine or neuter gender and the singular 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 shall be jointly and severally liable.
15. This Agreement and ail matters relating to this Agreement shall be governed by the laws of the
State of California in force at the time any need for the interpretation of this Agreement or any
decision or holding concerning this Agreement arises.
16. 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.
17. 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.
18. The parties hereby represent that the individuals executing this Agreement are expressly
authorized to do so on an in behalf of the parties.
19. Amendments to this Agreement shall be in writinq and shall be made only with the mutual written
consent of all the parties to this Agreement.
�..
EASEMENT AGREEMENT
PAGE 4
..�
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 CENTRAL CALIFORNIA CONFERENCE ASSOCIATION OF SEVENTH DAY ADVENTISTS
' ���1i � � �
Name, Title
CITY OF ARROYO GRANDE
Tony F ra, Mayor
..........................
ATTES :
�
Kelly etm e, Deputy City Clerk
�
EASEMENT AGREEMENT
PAGE 5
STATE OF CALIFORNIA: ss
COUNTY OF r«�r�a
.�
On ��1'1 , 20�, before me, � �k� A���: e , a Notary Public,
personally appeared �3ar,e� L. ai 1� , personaily known to me
� � to be the person whose name is subscribed to the within instrument and
acknowledged to me thathe executed the same in �"is�authorized capacity and that byk�'rssignature on the
instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
�� ����x�p Witness my hand and official seal
4 ._.....
� TODD A AUf3E
Commia�(on i 13B02pp
� tiotary Publie - CaMfom(a �
Freano Coyn(y �'
. . . . . . . . . . . . . . . . . . . . . . . . . . ky [-�,res �un e, z0o6 F
......................... �,�
STATE OF CALIFORNIA: ss
COUNTY OF 1=te�c>
On q , 20U3 , before me, i •�c .� , a Notary Public,
personally appeared Fradri c�c `�ha.:q�� , personally known o me (
) 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.
..� ��.
. . . . -. . . . . ` . . . . . . . W itness my hand and official seal
T000 a wuoe
commission f 738D200 a
� Notary Publ(c - Ca6lomi� s
Frrno CouMy
. . . . . . . . . . . . . . . . . . . . . . . . . . My Comm. E�Nas Jun B� 2006
jaf232:S.�IPUBLIC WORKS ENGINEERING SHARED ITEMSILinnlCapifal ProjectslReservoir 11EasementslSevenfh DaylSeventh Day Adv
Easement Highlighted Revisions 7-2S03.wpd
�..
�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of � I l.��IS lJ D l S'r D
1 ss.
�
On �2 "�' 0,� , before me, 9��LLy U��TIY/O�C�NOTjfKy/�lll:�-I C
Date ame and Tltle of ORCer (e.g., Jane Doe, Notary P lic")
personally appeared � � �`��14/�ri ,
Name(s) of Signer(s�
�rsonally known to me
� proved to me on the basis of satisfactory
evidence
� � � ����
,� .�
`r .
S
�� . � . .
Place No�ary Seal Above
to be the person(sj whose name(sj is/ace
subscribed to the within instrument and
acknowledged to me that he/sHe{EF�e� executed
the same in his/IaerJit�eir authorized
capacity(ies), and that by his/`� '�,'�::
signature(ej on the instrument the person(sj, or
the entity upon behalf of which the person(sj
acted, executed the instrument.
W TNE my hand and official seal.
ignaNre of Notary Public
OPTIONAL
Though [he in/ormation below is not required by law, it may prove valuable [o persons relying on the document
and could prevent fraudulent removal and reattachment of this Porm 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—O Limited ! G
❑ Attorney in Fact
❑ Trustee
❑ Guardian or nservator
Cl Other.
Number
Is Representing:
RIGHT THl1MBPRINT
OF SIGNER
01999 Na�ronel No�ary Association • 9350 Oe Solo Ave.. GO. Boz 2J02 • CM1alswotlq CA 91313-2402 • m�w.nationalmWryory Prod No. 5909 Reortlec Call ToILRee 1 B00-B�6EB9
: �IVIl1V L Y
�• A M � R,
y
'a
`� `
✓
SLO-931734 LG
.
EXHIBIT A
"ha;
Statc
=?ar:is
�o*�asty
>n of L.ots 20 and 30
alifornia, according
smo and Bolsa dc Ct
1885, filed Novcmb
xorder of said Coun
Beginni�lg at the intersection of
View'l�act, reconded July 22,
thc No westerly line of said
of said ��o�s 30 and 29 to the
Aaoyo : by dced dated ,
Raco recotds of said Coum
land so.. nveycd 30I.94 fcet t
along Southeasterly line of f
pr onveyed w Coast Sid
a co don by deed dated Jun
��.
of said : ovnty; thence South
Sout�er to tbe North line of d
Norther lines of said Vailey '
:,YC thos� portions coave
a.�d 1341, 1'age 114 and
the City of Arroyo Grande, in the County of San Lt�is Ubispo,
map of the iZesubdivisions of a part of the Itanchos Corral de
iisal, the property of E. W. Steele, Esy. and surveyed by R.R.
24, 1886 in Book A, Pagc 63 of Maps, in ihe office of the
described as fo(lows:
. Northeasterly line of $lock 7, according to map of che Vailey
76 in Book 3, Page 78 of Maps, records of said County and
rt 30; theace North 29°25 East alOrlg Lhe Northweslcrly li�
�st Westerly comer of the propecty conveyed to the City of
ty 22, 1929 and recoMed in Book 211, Page 263 of O�cial
the�e South 25 East along the Southwescerly ]ine of the
he most Southerly corner thereof; thente Nonh 64 East
property sa conveyed 9Q feet to the most Wcscerly line of the
:ampmeeting Association of the Methodist Episcopai Church,
9, 1913 and recorded in Book 97, Page 370 of Deeds, records
°47' Easc afong said most Wester3y line and its extension
said Vallry View Tracr thence West and Northwest along the
:w Tract ro thc point of beginning_
by docds recottled March t0, 1965 in Book I341, Page 113
3ook 1341, Page 115 of O�cial Records.
..+**�«
F'AGE 4
.....
File n�
Portic
San L
Resub
in $ot
San L
,�rcci
A suip
Thesa
in the (
1'he ea:
Parcel
rYiLa
land described in
Obispo County Reca
ision of Ranchos Con
� ofMaps at Page 63,
Obispo, Staie of Cai
1d 20.00 feet wide
y linc of the land de
oFsaid Coufity Re
termini of Parcel I
16:90 feet of the
�_
� .
Parcel 3 � �
�_
That po n of said land lying noR&�r(y of the following described line: • •
Commen�g at the most southedy r�pmer of land described in deed recorded in Book 209, Page 254
v`�ffici rds in the Office of�sid County Recordcr, said comer being marked by a one inch
-.;aauter n pipe and plastic piug slamped "LS 6192" as shown on the Record of Survey filed in
� ook 77,
?'ienoe ai
SO.QQ fed
of Bepnn
Thence pa
Thence no
of first
T:^.CriCC
?inc of:
20 of Licensed
the easterlq line of
with said north line
73°03'S1" west 68.48
IJlT1�G�t� n�• . . .
/
Exhibit ��8��
�
September 14,2001
dced recorded in Book 248, Pase 41 of Officiat Re�ords in the
s Officc, also 6eing portions of Lots 24 and 30 of RR Aarris'
Piedxa, Pismo and Bolsa de Chernisal as shorvn on the m3p filed
id Recorder's Office, in tl�e City o£ Arroyo Crrande, Counry of
ia, said portions descrilxd in Pazcels 1 through 4 inclusive as
line described as follows:
in deed recorded in &�ok 211, Page 263 of Official Records
on the easterly line of firsc said deed.
in first said decd.
in the Office of said County Rccorder;
said deed south 7°58'31" east 52.63 fcet w a}wint that lies
ie of Parcel 1 as herein descYibed above and the True Point
63°SO'26" west 73.62 feet;
to a point that lies 50.00 £eet southerly of rhe easterly line
d; -
with said easterly linGnorth 26°0'7'26" west 271.23 feet to a point on the northwest
'�deed.
File no:
�:
right angle socrth
`,
September 14,2001
: arcel �;'.
x::
That po�ion of said land lyittg noFtherly of the following described line: '
_ :.r.
:;ommr,i�ing at the northedy comcc of the tand described in first said deed aiso being on thc easterly
aine of T�act 1390 as shown on saitl Record of Survey;
Thence ; ong the easterly line af �cst said deed south 26°07'26" east 53.74 feet to the True Point
there&om
Thence
aeed.
The ab�
a part t
therefmm that portion
•, �,
Exhibit B
cantinued
Parcel I, Pazce12, and Pazcel 4 described bclow.
west 7826 feet to a point on t6e northwest line of first said
described Parcel 2 lyiag northerly of the above
parcels of laqd'are gaphically shown on Extubit "C � attached hereto and made
✓
Joseph
�LS �u«� �
o �/�
ic �
\ _ No. 6132 �
End Description
�
c� c;: _
✓.l!l1V L YVqLLP.�+C�
:�
�
M
�
2�`
/,'
T�
l\�
r
�vr.��TT�.. . �
�`� .,.._ T]������� Iti ��
rtAj�lj.� �1
�
z�� '
/
O,Q�
63
r� _
.��-,
��
;�
_ „�
�!
^ J 1
`ti
Z
f 'v
�,� .
�H�
��
PARC�L. 2
C16' Wide)
����- .
\�
�
9)� N����
��S
�3>
a
�O
9
1
�'fl.� O�
�� �S
� 0
a
tx:siir
Wa;er ':"c•`�
ti
3
1�
t `
f�,,� Do �.
� ,�
�� ,�
��
u.as• .
r S07•58'31'E
3i.5B'
'��F•T.P.O,&C3>
r`L
N�
' Legend
• Found 1` IP LS 6192 per 77/LS/20
unless noted otherwise
P.O.C.— Point of Commencement
>. T.P.O.B.— True Point of Beginning
�. �1..1. — Temporary Cor►struction Easemenf Parcel 3
7nt�n i._ Wallacb � A9sOCisbo6 .�1
[��IZi: �.�.h ..,�:�