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HomeMy WebLinkAbout1998-042589� 3 � � �' RECORDING REQUESTED BY"AND WHEN RECORDED MAIL TO: CITY OF ARROYO GRANDE CITY CLERK'S OFFICE P.O. BOX 550 ARROYO GRANDE, CA 93421 15] Rpt No ;RF -1 i � � i , ;TOTAL 00054573 49.00 49.00 I SPACE ABOVE TFDS LINE FOR RECORDER'S USE RECIPROCAL EASEMENT AND MAINTENANCE AGREEMENT FOR CITY PUMP STATION PROPERTY This Reciprocal Easement and Maintenance Agreement ("Agreement") is dated as of June 2 6, 1998, and is entered into by and among ESJ Centers, LLC, a California limited liability company ("ESJ"), The City of Airoyo Grande, a California Municipal Corporation (the "City") and WestStar Rea1 Estate, Inc., a Delaware Corporation ("WestStar"). RECITALS A. ESJ owns real property located in the County of San Luis Obispq City of Arroyo Grande, State of California. The legal description of that property is attached hereto as Eachibit A. (Parcel "A"). B. The City owns real property located in the County of San Luis Obispo, City of Arroyo Grande, State of California, on which it maintains a pump station ("Pump Station"). The legal description of that property is attached hereto as Exhibit B. (Pazcel "B"). C. WestStaz owns real property located in the County of San Luis Obispo, City of Arroyo Grande, State of Califomia. The legal description of that property is attached hereto as Exhibit C. (Pazcel « D. A diagram of Parcel A, Parcel B, including the Pump Station and Pazcel C is attached as Exhibit D. E. ESJ, the City and WestStaz wish to grant certain rights to each other over certain azeas of their respective pazcels to accommodate access to each Pazcel and to the Pump Station owned, operated and maintained by the City. The parties hereto wish to clazify their rights and obligations for the use of each others' property, and to address and establish requirements for maintenance of the area surrounding the Pump Station. NOW, THEREFORE, the parties hereby agree as follows: Doc No: 1998-042589 Official Records San Luis Obispo Co Julie L. Rodewald Recorder Jul 13, 1998 Time: 08:00 T:\TRANSWGRWGRAUJRECIPRb U 2063001\061998 1. Easements. Subject to the terms, conditions and provisions specified in this Agreement, the parties hereby grant the following easements: a. ESJ grants to City a non-exclusive easement over Parcel A for ingress and egress to Pazcel "B" and the Pump Station and for pazking as reasonably necessary for maintenance, repair and replacement of the Pump Station. This easement allows for ingress and egress only over those portions of Pazcel C which are used for pazking and circulation as shown on the Site Plan ait�ked'^°-°«� �°°w:'�:* �' � Nothing in tlus Agreement shall prohibit ESJ from development of its properry so long as foot and vehiculaz access to Pazcel B and the Pump Station and pazking aze maintained adequate to provide for the maintenance, repair and replacement of the Pump Station. All development on Pazcel A shall be subject to City approval as required by the City Municipal Code. � A�RpV£p b CiTi.� oF Atu++�� �arLANOe Nod. h, i99� • b. WestStar grants to City a non exclusive easement for ingress and egress to Pazcel B and the Pump Station and for parking as reasonably necessary for maintenance, repair and replacement of the Pump Station. This easement allows for ingress and egress only over those portions of Pazcel C which aze used for circulation as shown on the Site Plan attached hereto as Ea�hibit E. Nothing in this Agreement shall prohibit WestStar from development of its property so long as foot and vehiculaz access to Pazcel C and the Pump Station and pazking aze maintained adequate to provide for the maintenance, repair and replacement ofthe Pump Station. All development on Pazcel C shall be subject to City approval as required by the Municipal Code. a City grants to ESJ and WestStar a non-exclusive easementfor ingress, egress, pazking construction of parking lot and related improvements in accordance with plans approved by City and for maintenance of site improvements constructed thereon, over the portion of Pazcel "B" ("Sub-Pazcel `B-1"') described and shown in E�ibit "F" attached hereto and incorporated herein. 2. Appurtenance and Use. The Easements granted herein are, in each instance, appurtenant to the respective Pazcels. ESJ its successors and assigns, agree to maintain all Project improvements located in Sub- Pazcel "B-1." 4. Indemnitv a. ESJ agrees to indemnify and defend, and hold City hannless from and against any and all claims, expenses, liabilities, losses, damages, costs (including attorneys' fees) incurred in connection with, or arising from, or due to, or as a result of the death, accident, injury, loss or damage (however caused) to any person, or the loss of or damage to the properiy of any person relating to or azising from the use of Pazcel "B" by ESJ or WestStar or their agents, excepting therefrom claims resulting from the proven sole negligence or wilful acts or omissions of the City. 5. Non-Impairment. Each party hereto expressly covenants and agrees that they shall cooperate with each other as may be reasonably necessary to ensure that access to and over ttte Easements T:\TRANS W GRWGRA\ 12RECIPR.617 2063001\061998 2 i on their respective properties is not impaired by any act or omission on their part, on the part of any Agents or on the part of any other person or entity. 6. Covenants Run With the Land. All the provisions, agreements, rights, powers , covenants and obligations contained in this Agreement shall be binding upon and sha11 inure to the benefit of the parties hereto, their respective heirs, successors, assigns, devisees, administrators, representatives, lessees, and all other person acquiring any interest in Pazcels "A", "B" and/or "C", whether by operation of law or in any manner whatsoever unless and unfil temvnated. All of the provisions of this Agreement shall be covenants running with the land pursuunt to applicable law. 7. Insurance. ESJ shall carry liability insurance in form and amount which meets the City's reasonable approval. Such insurance shall cover the use by any person of Pazcel "B," insuring against bodily injury, death, and property damage in at least the amount customarily carried by prudent business persons engaged in the type of business conducted on the owner's property. The liability insurance shall name the City as an additional insured party. ESJ or its successors sha11 provide the City with a certificate of insurance as evidence that the required insurance is in effect. It is hereby agreed as of the date of this Agreement that the amount of liability insurance to be carried by each owner shall be not less than Five Million Dollazs ($5,000,000). 8. Maintenance. The City is responsible for the operation and maintenance of the portion of Pazcel "B" not included within Sub-Pazcel "B-1." All other maintenance and repairs shall be conducted by ESJ. 9. No Dedication. Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of any of the three Pazcels to the general public or for the general public. It is the intention of the Parcel owners that this Agreement shall be strictly limited to and for the purposes expressed herein, provided that nothing contained herein shall preclude any dedication in the future. Any proposed dedication of any portiou of any ESJ's or WestStar's property shall be subject to the consent of ESJ and WestStar. 10. Third Party Beneficiazies/Parties in Interest. This Agreement has been made and is made solely for the benefit of the owners of the properties described herein and their respective successors and permitted assigns. Nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns. Nothing in this Agreement is intended to relieve or dischazge the obligation or liability of any third persons to any party to this Agreement. 11. Entire Agreement. This Agreement constitutes the entire agreement and understanding of the parties hereto and contains all representations between the parties with respect to the subject matter hereof. 12. Severabilitv. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions T:\TRANSWGRWGRA\12RECIPRb l7 2063001\061998 3 or part thereof shall be stricken from this Agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. 13. Exclusion/Limita6on of Representations and Warranties. The Easements are hereby granted on an"As-Is," "Where-Is" basis and no implied representations or warranties are intended or made in connection with such transfer. 14. Renresentation on Authoritv of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. 15. Attomeys' Fees. If either party to this Agreement shall bring any action, suit, counterclaim, appeal, azbitration, or mediation for any relief against the other, declazatory or otherwise, to enforce the terms hereof or to declare rights hereunder (collectively, an"Action"), the losing party shall pay to the prevailing party a reasonable sum for attorneys' fees and costs incurred in bringing and prosecuting such Action and/or enforcing any judgment, order, ruling, or awazd (collectively, a"Decision") granted therein, all of which shall be deemed to have accrued on the commencement of such Action and shall be paid whether such Action is prosecuted to a Decision. Any Decision entered in such Action shall contain a specific provision providing for the recovery of attorneys' fees and wsts incurred in enforcing such Decision. The court or azbitrator may fix the amount of reasonable attorneys' fees and costs on the request of either party. 16. Consent to Jurisdiction and Forum Selection. The parties hereto agree that all actions or proceedings arising in connection with this Agreement in which the City is or becomes a party sha11 be tried and litigated exclusively in the State courts located in the County of San Luis Obispo, State of California. The aforementioned choice of venue is intended by the parties to be mandatory and not perxnissive in nature, thereby precluding the possibility of litigation in which the City is or becomes a party with respect to or arising out of this Agreement in any jurisdiction other than that specified in this pazagraph. Each party waives any right it may haue to assert the doctrine of forum non conveniens or similaz doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph to which the City is or becomes a party. 17. General Inter�retation. The terms of this Agreement haue been negotiated by the parties hereto and the language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual intent. This Agreement shall be construed without regazd to any presumption or rule requiring conshuction against the party causing such instrument or any portion thereof to be drafted, or in favor of the pariy receiving a particulaz benefit under the Agreement. No rule of strict construcrion will be applied against any pariy. T: \TRAN S W GRW GRA\ 12RECIPR.617 2063001\061998 4 1R. Counterparts. This Agreement may be esecuted in any number of counterparfs, each of which shall be deemed an ori�inal, and all of which shall constitute one and thz same agreement. For ESJCenters, LLC, ¢ C�lifornia,6a�mited Liability Company , � / , I/ ��,� � ,/ ) � •'�-1�,���J��!���° '`C/ B Kenneth P. Slaught Tide: Senior Vice President For WestSt�u Real Estate, Inc By: Title: The City of Arroyo Grande By: Tide: T:\TRANSNGR�AGRA� I? REClYR617 206i0011061798 j 8. Countccpazts. This A.g:eemeuR may be executed 9n any aumbcr of countierpazts, each of which shall be deemed axx original, and all of which shall constitute one and the same agee�nient_ For ES7: By: Title: For WestStar Real Fstate, Inc: �,,,, � ��� By: J cµ,- /'� �A-r�nn-�,q.� Title: Si.'�n� r .(- I rt-cn.s�n sr.. The City �f oy de � BY' A. K. "Pete" Do gall Title: Mayor T147tANSaGR1AGM\12RECIPR.617 20630011(161798 9TOI�j 'IV y3 aawFaqsutS ZOBZ i49 506� CZ�DT 88/Li/90 STATE OF CALIFdRNTA ) ) ss. COiJNTY OF . � � � ) On �" � D , 1998, bcfore me, V'�� n � d peisonally appeared c7n`Xn �/�.�t,_, �Er'r✓�U—, p�o�Y ��"+'� �� m� (or proved to me on e besis of satisfactory cvidcnce) to be the person wbose name is subscribed to the wiihin instrument and aclrnowledged to me that he executed the same in his authorized capacity, and that by his signature on the ins�ument, the peison or the entity upon behalf of which the person acted executed the instnunent. WTINESS my hand and of&cial seal. �� ��Q,.r�... .. " .�'1�tt8h�E - sTa or cn.z,r�o�A coUNTY oP sru� Luzs oszsPo � � �. ) G. IFiNp � �: � r�6ebn i 170l19 � .. _ NotarvM�e—CafaNO � 9 MyC��m.EUwes� .2000 On June 30 1998, before me, Nancy A. Davis City Clerk persoually appeaxed A. x_" " t�o ��a� t, personaliy laiown to zne (oz proved to me on the basis of satisfactory cvidence) to be the person whose name is subscribed to the witkun instrument and acknowledged to me that she escecutod the same in her authorized capacity, and tbat by her sigtaYure on the insuvmcn� the person or the enri .ry urnn hehalf of which the person actod cxecuted the instnunent. WI'i'h1ESS my hand and official seal. . � . , /...�. � �. . � !�Y.` �•� . :: �,���� • `� .. T:SIRANSVIGRV�G&A\I2RECIPR617 21M3COt�061998 � 9S0 ¢j 7V Z3 aamTaRs¢FS ZOBZ TbS S09$ CZ=lT BB/Li/90 STA"fE OF CALIF012N1A ) c ��� ) ss. cotrNrY oF � �nrttn (�'la�ra ) nn �L1,114 _�—( , 1998, Uzfore me, IuliG 10.�'Z � �6�.f�IL personally appeared Ktn nGth P. Sin�.akf ; Pzrsonally known to me - to be the person whose namc is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signalure un die insuwnent, flie person or the enrity upon bchalf of which the person acted executed the instnunent. VJITNESS my hand and official seal. JUk TATE 1 I I CorrvNalon t 11294M $lglAaltlI�' �"�--� L�a�f B�aibab C� - My Camm F�te� Mv 12 �01 STATE OF CALIFORNLA ) ) ss. covz�r� or ) On , 1998, before me, � � a p P � e g , personally known to me (or pzoved to me on the basis of safisfactory evidence) to be ihe person �vhose name is subscribed to the within instrument and aclmowledged to me lhat ske executed die same in her authorized capacity, and that by her signnture on the insmiment, the person or the entity upon behalf of which the pecson acted executed the in �..�ent. WITNESS my hand and official seal. Signature T:1'RL4NS�AGRIAGRA\ (� 2067001\06t79S . EXHIBIT "A" Parcels 2, 3, and 4 of Parcel Map AGAL 95-133 on file in the office of the County Recorder of San Luis Obispo County, State of California. EXHIBIT B PARCEL 4 AS DESCRIBED IN OFFER TO DEDICATE TO THE CITY OF ARROYO GRANDE RECORDED IN BOOK 2920, PAGE 980 OF OFFlCIAL RECORDS IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STA'IE OF CALIFORNIA AS FlLED IN THE COUNTY RECORDER'S OFFlCE OF SAID COUNTY. ; � � i� S E 1[ D S S I G N G& 0 II P ercarre�tmh •aynnrar•�as•�y:w•mwias •tea�� e�e�tmn som soute �apa sa�et sm uor omeyo, c.nt«dn m�m eos/a�s-t�w Si�l�F� f A�' 1 1 ! � J 1 1 � � � � � � � �� � � �� � � �� �' � V �r- EXHIBIT 'C' ���i������a PARCFI. A: Those ponioas of L.ots 4, 5 and 6 of t6e Ia BeUe Tnct, in the Ciry of Anoyo Grarde, in [he Counry of San Luis Obispo, State of Califocnia, u per map recordcd in Baok A, Page 142 of Maps, in rhe office of the Counry Raorder of uid Counry, described u(oUows: Heginning u a 6' x 6' C.H.C. concreu monument on the Nonherly right of way line o! California Snte Highway V-SLA-2-E, b�ing distant North 32'16'20' East, 90.0 feet from rnginar's stacion 20+50.00 for 'N' lirc, u s6own oo Paga 414 to 419 in Glifomia Snte Highway Map Book filed in the San Luis Obispa Counry Recorder's Officc; thence North 56•17'44' West. 308.63 fee[ along said rigAt of way line to iu intcrsecdon wi�d San Luis Obispo Counry Approach Road righ� of way line; thence North 3'S6'09' Fast, 79.37 fttt ilong said Counry rwd right of way line; thence Nort6 57'43'40' West, 36.72 feet along said Couaty Road righc of way line; rherce North 47•01'4l' Eut, 19.35 (eet: thencc North 67'28't 1' Fast, 86.22 fect: thence North 75'S5'41' Fist, 80.13 f«c: [trcnce SoutA 69'42' 19' East, 168.75 fect; �hence North 7�'l0'11' Euc, 160.23 feet; dxnce Nor�h 86•56'll' Fasc. 78.60 fat: therce North 49'S9'<1' F�s[. 85.31 teet: thence North 73'46'll' Fist. I12.02 feet: thencc South 58'48'34' East, 308.21 fecr tMnce South 26'SI'I I' Wesc, 580.64 fcet io �he Noctherly ritlu of way line ot said Califomia Snte Highway V-SLO-2•E u cooveyed co che Snte of California by decd rccorded Novcmber 24, 1934 in Baok 780, Page 379 of Official Records; therce Nonh 38'S7'19' WesG 532.75 feet along uid rig6t of way line a! said Cali(ortua Sua Highway to cbe Point of Beainain`. EXCEPT(NG thereCrom that portion o( said Lot 6, dexribed in the deed to Albert A. Browne and w iie recorded lunc 9, 1970 in Book 1568, Page 570 of Ofticial Records, in che office of the Counry Raorder of said Counry. PARCEL Al: An eaument tor road purpoxs [o be used in common with others, over and across those portions of Lots 2. 3 and 4 of thc. La Eelle Tract, in �he Ciry o( Arroyo Gnnde, in tlx Counry of San Luis Obispo, Sute of Calitomia, u per map recorded in Book A, Page 142 of Maps, iu thc office of �he County Recorder of uid Coumv. described as follows: Beginning ac a point in the Nonherly line of the land dexriAed in the deed to the Sote of Cahforrtia, recomea November 24, 1954 in Book 780, Page 379 oC Official Records, which poin[ is dis�ant Notth 32° 16'20' Fast, 90.00 feet from engineer's station ?0+50.00 P.O.T. 'N' on �he centerline of the Deparunent of Puh!ic R'orks survcy for State Highway between Acroyo Grande and Pismo Beach fileJ in the State Highw•ay Map Book, Pages 414 to 4l9 inclusive, records of uid Counry: thence South 58'17'19' Fast alon¢ said Ivortherly line, 53?.75 feet to Ne we pomc oi begwting; ihence NoM :6°51'll' F�st, 50.13 feet; thence South 58'S7'19' Easc. 165.s6 fcct; chrn�c Suu�h 71°si'S0' Easc, 10?.36 (aer, Ncnce Somh 60'35'25' Fist, 203.95 ka; thence South 63'17'20' Eut, 388.08 ftt[; thcnce South 28'00'23' West, 50.01 fect; chence tionh 63'17'_0' tL'u�, 388.13 feec; chcnce Nonh 60°35'25' West, 200.25 feet; thence North 71•45'SO' West. I03.08 fat: thence NonA SS•S7'19' West, i67.s1 fat co tAe we point of beginning. i 1 \ � � � � � � � � 1 � � �� � � � � � � U � EXHIBIT 'C' PARCfI, A22 M euemrn[ tor c6e nuiacenance of a u-ater pipe line co be uxd in commoo wi[h othecs, in, u�cr ud x.vss thou portioat ot L.ocs 1, 2 and 3 of che ta Be([e Trect, in the County of San Luis Obispo, Stace af Califomia, according m map filed ;ut cecord December 15, 1888 in the of�ce of tiie County Recordcr of said Counry, as ¢ranted ro Calvin H. Schlerel and Phyilis M. S:h;ceel, Susban�! anci wita u joine teawts by R E. Broave, br deed recorded April I5, 1958 in Boot 936, Page 225 ot Official Recortfs and morc panirntarly described as (ollows: (1) A striQ oC tand 3 F«t in widrh, [he Nonheasecrly line oC which it dcscribed as follows: Beginoing at the mou Wes[erly corner of the tand Qescribed in [he Deed to Calvin H. ScNegel, et uz.. �ecocded July 3. 1957 in Book 898, Page 17 of Officiat Rccads; eherce Sou[h 63°17'20' Fist. abng the Southwesterly tirc of �he Li.�i describcd in said DeeQ and ics Souttxasurly prolongacion 379.58 fett. (2) A suip of tand 3 fea in wideh. the $otcchezccnly tioe of ahich is Qesaibaf u follows: Beginnin6 u tLe Southcasurly tecmitnu of Ne couise �ecited u(I) ibove: �hence North 28•00'23' Eut. 27.99 [ca. (3) A scip a[ lud 3&et in width c6e SautLwesterty �"u�e ot vhic6 is descri6ed ss[ollows: �S�n6 u� tiortAe�sterly tertniaus of the course reeikd as 'Korth 28'00'23 Fast. 17.99 feec in (2) abocr,�thexe South 69'26'37" East, 2?5 lext, mom or kss co ttee tior[hu•esttrly line o( �e �and d�s¢ibcd in �he deed to che Sou�lrcn Counties Gas CompanY. a wcponeion recorded ]uly 20. 195} � g�r 718. Page 305 ot O[CKial Records. 'Ihe lices of Parcels described in (1). (Z) aod (3) above uc to bc ezunded oc shoruned so u to cra�e those 3 con�iguous Parecls 6aving as ehe'v Sou[hcucedy terminus che \onhw•estecly line o( c6e hod described in �he Deed to Souchern Coiwcies Gu Compacry. �ecorded luly ?0. 1953 in Boot 718, Page 305 ot Oificial Records, r �--- . a � 0 H P� � w AY �iCH� p � - _ -�, �/��� _ \ _�--� __/ � � i I � � � -. i ��� i o � / i a, � � a � � �� W � � � \ �" � � U a � � ,� � �, a I � � '' / ' ' I � -; ; / ;; �._ �, a� W as �� �� a , o ti ti � a� � � '�� ��� o���� ����� x� �� ��� � ..���� ����� ����� Q ���� .Ja�� � . �: .� \ EXHIBIT D PAGE 2 PUMP STAl10N 19BD-OR-�1120 p / N62'17'48"W 25.00' � �S'A / ^ a / � / /3 40 o� �o. r� � �o � � ��4' � 2� , 9 O/0 � � / B� r �� SCALE• 1'=40' PCL 2, �1-PM-89 30"W 15.00' R S Y D S S I G N G B 0 II P emmtmtmn .Plenatn�.Soglm,d+ysme�.mrerim� •tenasmpx �wfectme . 9028 SauW �aen Shaet 8m Id� Oh6po, hBlaede WI01 BU6/51Y17W .�,�� � EXHIBIT F 19B0—OR-420 POINT OF BEGINNING PARCEL 2057t sq.ft. MOST WESTERLY CORNER OF LOT D SCALE.• 1'=40' o° �°'� �., r�/ O .��' PA1.__._. � ��/ PCL. 2, �1—PM—B3 N63'13'30"W 15.00' N62'17'48"W 25.00� � " • �iS'?, 8� C � ��� A PORTION OF A PARCEL DESCRIBED IN DEED TO THE CITY OF ARROYO GRANDE RECORDED IN BOOK 2920, PAGE 980 OF OFFICIAL RECORDS IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA IN THE COUNTY RECORDER'S OFFlCE OF SAID COUNTY, LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 'D', POINT BEING N26'46'30"E, A DISTANCE OF 75.90 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 'D'; THENCE, S61'35'39"E, A DISTANCE OF 40.02 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT �D�. � V � � R R Y D E S I G N G R 0 II P ercetketme .Pfa„r,`.Bigmer,iog. su,eXog • mtedara .lendwape emerteceme sou s�n a�. swKt sm �t. oe�, c.w�t. cs�m eos/s+s-ir�ND OF � Q� �