HomeMy WebLinkAbout2003-137298�..
RECORDING REGtUESTED 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 RODEWP� 0 NR
San Luis Obispo Cc�y—Clerk/RecoMer 12/02/2003
Hecomed at the roquast o� 70:56 AM
Public
DOC#:
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2003137298
III IIII� I II I III I I
Tftles: 1 Pages: 1 Q
fees
Taxes
Others
PAID
0.00
0.00
0_00
$0.00
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
Q t� 0. ��� 0 � ? THIS EASEMENT, made this � day of tYU�rl.(.�JT 20�; by
a o•ron.v �
��� and between, CALIFORNIA PACIFIC ANNUAL CONFERENCE CAMP
, M. .. ,.,. ,
�r��� COMMISSION OF THE METHODIST CHURCH, a California nonprofit corporation,
(hereinafter referred to as "TMC"), and the CITY OF ARROYO GRANDE, a
Municipal Corporation in the State of California, (hereinafter referred to as " CITY"):
WHEREAS, City desires to expand the public water tank and related facilities and in order to
accommodate said water facility expansion project the parties have entered i�to or will enter into
a new lease agreement which redefines their rights and obligations.
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 Iease dated May 24, 1929, and
recorded in February 18, 1937, in Book 209 at Page 250 in the Official Records of the O�ce of
the County Recorder of the County of San Luis Obispo, State of California, (hereinafter referred
to as "Lease"), and;
WHEREAS, by this agreement the parties intend to establish all necessary rights required to
effectuate said construction activities for the water facility expansion project.
NOW, THEREFORE, for valuable consideration, the receipt and adequacy of which is hereby
acknowledged, TMC and CITY agree, covenant and promise as follows:
1. The above recitals are true and correct and incorporated herein.
2. TMC is the owner of the real property (hereinafter referred to as the "Property") described
in Exhibit A attached hereto and incorporated herein by reference.
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3. TMC hereby grants to City a temporary construction easement in, over, on, under, across,
and above the portion of the Property described as Parcel 2 in Exhibit B attached hereto
and incorporated herein by this reference, forthe purposes of a constructing a publicwater
tank and related facilities and incidentai uses. Said temporary construction easement shall
be in effect for a period of three (3) years following the date of this Agreement.
4. Said temporary construction easement shall include the right to construct, lay , operate,
maintain, reconstruct, modify, enlarge, remove and replace a public watertank and related
facilities. Said temporary construction easement shall include right- of- way for the
purpose of using construction equipment and vehicles and shall allow for storage of
vehicles equipment and materials, including excavated materials.
5. TMC hereby grants to City a Temporary Construction Easement on, under, across, and
above the real property described as Parcel 3 in Exhibit B for the purposes of a
constructing a public water tank, and incidental uses. Said Temporary Construction
Easement shall be in effect for a period of three 3) years following the date of this
Agreement.
6. CITY agrees during the term hereof to abandon its interest in the water line easement
crossing the Property, as recorded in 211 O.R. 261 on February 18, 1937.
7. CITY and TMC agree the replacement of existing trees will be in compliance with the
attached letter, and may be modified by written agreement.
8. 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.
9. 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.
10. The Agreement inures to the benefit of, and is binding on, the parties, their respective
heirs, personal representatives, successors and assigns.
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11. 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 liabie.
12. 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.
13. 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.
14. 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.
15. The parties hereby represent that the individuals executing this Agreement are expressly
authorized to do so on an in behalf of the parties.
16. Amendments to this Agreement shall be in writina and shall be made only with the mutual
written consent of all the parties to this Agreement.
�., ..
IN WITNESS WHEREOF, this agreement is hereby executed on the day and year first above
written.
SIGNATURE BELOW INDICATES AGREEMENT WITH THE TERMS HEREIN
CALIFORNIA PACIFIC ANNUAL CONFERENCE OF THE UNITED METHODIST
CHURCH
��j s . fZr1
lndt
Name, ' le Name, Title
CITY OF ARROYO GRANDE
��.: � �,�I
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ATTES
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Kelly et re, Deputy City Clerk
DEC-1i-2��Z 23:z4 FROM:LYON&CAPMEL 8a5-543-3857 T�:a7354�3 F:16%1y
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EXHIBIT �A�
Be;inniqg at posc South 75° at the West comer of Lot 28 of Harris' Resubdivisions of par� of
the Ranchos Cotrai de Piedra, El Pismo and Bolsa de Chemisai, the property of E.W. Steele,
made in 1885 in accordance with map recorded November 24, 1886 in Book A, Page 63 of
Maps, iy the office of the Counry Recorder of said County and zunning thence along old fence
on West�:;rty ]ine of the said I.at 28, (1) - North 28°32' East, 216.2 feet to point in ccnteriine
producec� of a 50 foot mad running North 54°40' Fast and firom which point a stake in the
Northerly line of the said road bears North 28°32' East, 56.7 feet discant; thence on the
centeriin� of 50 foot road, (2) - North 54°40' East, 42&.1 feet to point frorn which an iron post
bears Nqrth 22°03' West, 25.7 Ceei distant and aa iron post bears South Sl °15' West, 35.9 feet
distanc; (3) - North 81°15' Easc, 394•1 feet to poinc frorn wtuch an iron post on Easc side of
road beaFs North 81°15' East, 25 feet distant and an iron post bears North 36°15' East, 35.35
fcet dist;xnt; (4) - Soutt► 8°45' Fast, 1025 feei to an iron post from which an iron post bears
North 2�°45' East, 40.1 fxt distant; thence leaviag centerline of road: (5) - South 29°45' West,
80.6 fee�, to an iron past; (6) - South 52°55' West, 56.6 feet to an iron post; (7) - South 8°00'
East, 6Q,6 fect to stake on Noc�erly side of a road 70 feet wide; the�e running along the
Northeriy side of said ro�, (8) - South 80°17' West, 150 feet; thence leaving said road; (9) -
South 9a23' Fast, 176.b feet w scake in Northerly tis� of land of W_H. Ryan. - thence running
along avi oid femee the general eourse of ahich is South 57° West; (10) - South 57°00' Wac,
526.9 fe�t to stake: -(11) - North 9°44' Wesc, 188.6 feet to staice; (12) - South 81 °24' GVesc,
250 fcet to point in ccnter of 50 faot road from which an iron post beazs South 81°24' Wesc,
25 feet t�istaac; - the�ce on centerline of the last named road; (13) - Notth 8°49' West, 854.7
feet to point in West line of Lot 29 of ttne Hazris' Resubdivisions herein before named from
which a srake at the itrtecsxtion of the West line of road with the said lot line beazs South
2g°32' �1Vest, 41_2 feet distarn: - thence along old fence on the said lot liae; (14) - North
28 °32' ,F,'ast, 204_9 feet to poi� of beginning. the tnct described being a part of L.ots 2b, 28 and
29 of thc; said Hazris' ResuUdivision_
EXCfip",�' any poction as descn'bed in deed recorded March 1, 1963 in Book' 1228, Page 256 of
Official �tecords• -
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--- -----;- �
'lhat
�±e C
V �!raa�� f
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sn of Loc 29 of the Ri
al, in the City of A
as surveyed by R.R
24, 1886 ia Book A,
scribe� as foi3ows:
Beg' ' at S.75 on the Nortl
said Lot , Souch 29°22' 9Vc
du tane meyea w uee cicy �
Officisi . Swtth 26°OE
coav the Arroyo (3rande
42 of ; �e Norttt 8°�
clwrch, _.92 fea W the tiue
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SI.O-931733 LG
E}�IIBIT }�9 CON71 }i VtA
ivision of the Rancho Corra] de Fiedra, Pismo ar.d $o]sa
Grande, ia the Ca�unry of 5an Luis Obispo, Stace of
is, Nove�ber, 18&5, according to map thcreof recorded
63 of Maps, in the office of the County Rc:corder of said
:rlp line of iat 29; ihence along the Narthwesterly line bf
.18 fxt to:a point; thrnce aloag the Nordieasteriy tine of
�ayo Graad� hy dxd recocded in Book 211, Pagc 263 of
�. 335.37 feet to a point 4n the Wts�rlq line of iand
�dist Episcopa( Church by deed recorded in Book 87. Page
est aloag the Westeriy Iine oIF the land conveyed to said
of begianing.
ssws*
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?ortions !�`the land described in the
3ook 97,i�'age 370 of Deeds in ths;
of Lat 29!�f R.R. Hartis' Resubdivlsi
as showr�?on the map fited in Boaki
City of,4lipyo Gronde, Coyrnty of 5;
Parcefs '� 2, and 3 as folfows:
warept 1
That por
;.^. Book ;
Thence �
Thenca�
Tl�snce t
�f��
�;� �
line of se
Thence a
ct Beginr
"-�s+ce12
a� or me
of said di
The wesi
The nortl'
of Parcel
Except th
Parcel3
�;t of the
=••;tpE th
- -:�� abov
made a p
of the land
at the sartherly come
�n pipe and pla'stic plu�
, Page 20 of Licensed.;
utq 1he wasterlNline aP
rth 83°50'20" eaat 23.0
a rigM angle south 2B°�
herly line ot tirst 98id de
gliel with said soutYtetly
md said deed;
ng the westerly �line of 1
ia_ ;
in said flrst deed
ly termini of said sMp
iy tertnirti of sak! strip
as herein descri6ed a
po�tion lying within F
u
Exhibit "B"
dceds recorded in Book 209, Page 250 of Official Reeords and
ian Luis Obispo County Racorder's Office, also being a portion
m of Ranchos Comal de Piedra, Pismo and Bolsa de Chemisai
� of Maps at Page 63, in seid Courriy Reeorder's Office, in the
m Luis Obispo. State of Califomia, said portions described in
�s follow6:
of firat said deed, said corner i�eing marfced by a one inch
stamped "L.S. 6192" as shown on tfie Record of Survey frted
�rveys in the Office of said Counry Recorder,
iid deed north 7°58'31" west 173.68 feet;
feet;
east 185.00 feet to a potnt that lies 20.00 feet southarly
south 63°56'2a" west 83.77 feet to a point on the westerly
said deed north 7°58'31" west 21.05 feet to the True Point
a strip ot land lying 50.00 feet snuthedy of the �outherly line
on the westerty line of second said deed.
on the northeasterty projeetion of the �ortherly line
1 as herein described above.
xl in said first deed.
portion lyinfl within Pari�ls 1 and 2 as herein describad above.
i'
described piec.es of lattel are graphicaily shown on Exhibft "B-�" attached hereto and
t hereot. �
' =: End Dsscription � j�idD. � �
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Legend , `
• Found 1" IP !S 6192 77/LS/2a
un{ess noted otherwise
— True Po+nt of Beginning
— Temporery Construction Easement (Parcek :2}
— Temporory Construction Eosement (Farcei 3)
so
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
...
State of California
County of �..o_S ��l� L.ES
� ss.
On
J � , before me, �,Zy� L�. L,I�K� /��D/7F]N I��BL�� ,
D te _ Name and Ti�le of ORicer (e.g ' a��Doe. No�ary Public")
personally appeared
L7 personally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the personJej� whose name{,s�f is/are
subscribed to the within instrument and
►a+ .�� acknowledged to me that he/skie%tbey executed
.WVCeLLRKtE \ the same in hisAaacl�iieiF authorized
Cortoni�ion#7298875 � capacityJ,iesj-- and that by hisFl+ec%tl�eir
� llo�ary Public- Caiifomi� � signatureksJ on the instrument the person(,s�; or
LasMgslesCouMy the entity upon behalf of which the personf�J
INyCama Exp'ses Mm 12, Z005
acted, executed the instrument.
WITNESS my hand and official seal.
Place Notary Seal Above SiqnaWre oi Nota u�lic
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent /raudulent 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—O Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Number of Pages:
O 1999 Netrorel No�ary Associallan • 9350 Oa Salo Ave., P0. Bm 2CO2 • CM1elswmlM1. GA 91313-2CO2 • www.ne�ioreliroNryo�p Prod No. 590] ReoNeo Call TdLFree 1-800-8)6 fi82]
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof ��� /�(S �6is Pa ss.
On � 2 ' �' 03
Date
personally appeared
before me,
_ � �r+� :
�Y ` •.
•�Y �
�' w� •.
.. � ,�
Place Notary SealAbove
_ proved to me on the basis of satisfactory
evidence
Neme(s) of Slener(s)
�ersonally known to me
to be the person(sj whose name(aj is/afe
subscribed to the within instrument and
acknowledged to me that he/sFiek#�ey executed
the same in his/�^-.,�;�;,c;' authorized
capacity(ies), and that by hisFqerllHeir
signature(s) on the instrument the person(s3, or
the entity upon behalf of which the person(e}
acted, executed the instrument.
WITNES hand and o icial seal.
Si ture of Notary Public
OPT/ONAL
Though the in(ormation below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and rea[tachment o/ 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—C� Limited L General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
= Other:
Signer Is Representing:
RIGHT TMUMBPRINT
OF SIGNER
m 1999 Naticnal Nolary Nssaiation • 9350 Ce Solo Ave.. PO. Box 2402 • C�atswotlM1. CA 91313-2L02 • www.na0onelnolaryorg PrM. No. 590] Reortler Call ToILFree 1 B00-9�6682]
Number of Pages:
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