HomeMy WebLinkAbout1984-61896_ r r„ �,
RECORDING REQUESTED
RECORDED RETURN TO:
CITY OP ARROYO�GRAND�
P. O. Box 550
Arroyo Grande, Calif, 93420
AND WHEN
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OFFICIAL RECORDS
SAN LUlS OgsSPO Cp„ C,qL
NOV 1 6 1984
OFFER TO DEDICATE A PERPETUAL EASEMENT F�NC15 M.COONEY
Cou�ry Clerk-Recortler
Ti�E 9 • 5 0 PM
WHEREAS, San Luis Obispo Production Credit Associ�i'on
("PCA") is the owner of certain real property located in the City
of Arroyo Grande, San Luis Obispo County, California
("Property"), described as follows:
PARCEL 1:
Lot 1 in Block 7 of the subdivision of property belonging to
W. N. Short, C. J. Mason and W. Whiteley, in the City of
Arroyo Grande, County of San Luis Obispo, State of
California, according to map recorded October 1, 1887 in
Book A, page 48 of Maps, in the office of the County
Recorder of said County.
Except therefrom that portion thereof included within the
boundaries of Branch Street as described in the deed to the
County of San Luis Obispo, recorded in Book 25, page 497 of
deeds.
PARCEL 2:
That portion of Lot 81 of Stratton's Survey of the Ranchos
Corral de Piedra, Pismo and Bolsa de Chemisal, in the City
of Arroyo Grande, County of San Luis Obispo, State of
California, according to the map recorded in Book A, Page 65
of Maps described as follows:
Commencing at the most Easterly corner of Lot 1, Block 7, as
said lot and block are delineated and so designated on map
entitled, "Map of Subdivisions of property belong to W. N.
Short, C. J. Mason and W. Whiteley, situated in Town of
Arroyo Grande, etc.," filed October 1, 1887, in Book A, Page
48 of Maps, and running thence Northwesterly along the
Northeasterly line of said Lot 1, Block 7, 240.75 feet to
its intersection with the Southeasterly line of Branch
Street as it now exists; thence Northeasterly along said
Southeasterly line of Branch Street 72 feet to its
intersection with the Southwesterly line of Lot 15 of said
Block 7; thence Southeasterly along the Southwesterly line
of Lots 15 and 14 of said Block 7, 235.02 feet to the
Southwesterly corner of said Lot 14; thence Southwesterly
71.82 feet to the point of commencement.
WHEREAS, PCA intends to o£fer to the City of Arroyo Grande
("City") a perpetual easement for the purpose of flood control,
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green belt, and open space on the Property ("Easement"),
described as follows:
A parcel of land in a portion of Lot 1, Block 7 of the
Short, Mason, Whiteley Subdivision as recorded in Map Book A
at Page 48 Records of San Luis Obispo County California and
in a portion of Lot B1 of Stratton's Survey of Ranchos
Corral de Piedra, Pismo and Bolsa de Chamisal as recorded in
Map Book A, Page 65, Records of San Luis Obispo County
California, in the City of Arroyo Grande California, said
parcel being more particularly described as follows:
Commencing at the intersection of the northeast line of
Mason Street, a 60 foot street, with the southeast line of
Branch Street that is 42 feet from the original street
centerline; Thence following said northeast line of Mason
Street South 33° 07' 02" East, 124.44 feet to the true point
of beginning; Thence leaving said line, North 61° 04' 36"
East 136.62 feet to a point on the southwest line of Lot 15
of said Short, Mason and Whiteley Subdivision; Thence
following said line, and the southwest line of Lot 14 of
said Short, Mason and Whiteley Subdivision, South
33° 04' S9" East, 110.28 feet to the corner common to Lots
13, 14 and 2, of said Short, Mason and Whiteley Subdivision;
Thence following the northwest line of said Lot 2, South
56° 28' S3" West 136.19 feet to a point on the northeast
line of said Mason Street; Thence following said line, North
33° 07' 02" West, 121.23 feet to the true point of
beginning.
WHEREAS, it is intended that the above legal description
should define that rear portion of the Property commencing at the
edge closest to the creek of that structure commonly referred to
as a balcony, porch or deck attached to PCA's building (or, in
other words, approximately ten feet from the retaining wall
toward PCA's building), and running from there to the rear line
of the Property (i.e., across Arroyo Grande Creek ("Creek")), as
shown on the map attached hereto as Exhibit "A" and incorporated
herein by reference.
WHEREAS, PCA will retain certain rights to enter the
Easement area to protect its building.
NOW, THEREFORE, it is agreed as follows:
1. Irrevocable Offer to Dedicate Exclusive Easement.
Pursuant to thi d ument, PCA hereby offers irrevoca ly to
dedicate an exclusive easement to the City upon the Easement as
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described in the recitals hereof, and shown upon the Exhibit "A"
map attached hereto.
2. PCA's Rights on Easement Area. PCA reserves the right
at all times to enter the Easement area to make improvements or
to perform work necessary and appropriate to protect and maintain
the integrity of PCA's building. Except in cases of emergency,
City permits authorizing such improvements shall first be
obtained. The rights PCA has reserved herein include incidental
rights of maintenance, repair and replacement; however, PCA shall
have no obligation to maintain, repair or replace the Easement.
3. City's Rights of Use. The City shall have the right to
come onto the Easement for the followinq types of uses:
A. Flood Control. The City shall have the right to
come onto the Easement for the purpose of flood control,
including, without limitation, the removal of obstructions, the
repair and maintenance of the creek banks, and improvements which
do not substantially interfere with the public use of the
Easement for green belt and open space purposes.
B. Open Space and Green Belt. Prior to the final
adoption by the City of a plan for public access and public
enjoyment of the creek and Easement areas there shall be no right
of public access to the Easement. The City shall bear all costs
of construction of improvements pursuant to said Plan, and shall
indemnify and hold PCA harmless from any and all liability for
damages, costs, losses and expenses resulting from, arising out
of, or in any way connected with public access to the Easement.
4. City's Duty to Repair and Maintain. The City shall have
the duty to keep in good repair and ma ntain the Easement
including, but not limited to, the banks of Arroyo Grande Creek,
so that it does not constitute an unreasonable hazard to the
Property.
5. Taxes. The City shall pay all taxes and assessments
that may b mie posed or levied on the Easement offered herein.
6. Mechanic's Liens. The City shall keep the Easement
free and c ear of any mec anic's or materialmen's liens for labor
performed or materials furnished at the instance or request of
the City or anyone claiming under the City. The City shall pay
for all utility and other services furnished to or for the City
on the Easement area.
7. Indemnity. The City hereby agrees to indemnify and
hold PCA harmless for any and all liability for damages, costs,
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connectedd expenses resulting from, arising out of, or i anp Way
with PCA s rights of use with respect to the Easement
area or the City's rights of use and obligations with respect to
the Property, including, but not limited to, any claim made by
any party, private or public, injured while on or harmed in any
Way connected with or arising from the Easement offered to the
City herein.
8• Entire Agreement. This instrument contains the entire
aqreement between� arties relating to the rights herein
granted and the obligations herein assumed. Any oral
representations or modifications concerning this instrument shall
be of no force and effect excepting a subsequent modi£ication in
writing, signed by the party to be charged.
9. Attornev's Fees. In the event of any controversy,
claim, or dispute relating to this instrument or the breach
thereof, the prevailing party shall be entitled to recover from
the losing party reasonable expenses, attorney's fees, and costs.
10. Binding Effect. This instrument shall bind and inure
to the ben�it of the respective heirs, personal representatives,
successors, and assigns of the parties hereto.
11. Additional Documents. Should it be determined at a
date subsequent to the execution of this agreement that the legal
description of the Easement set forth in the second Whereas
paragraph is not in accord with the intention of the parties as
set forth in the third Whereas paragraph, both parties shall
execute an amendment to this agreement which shall set £orth an
accurate legal description of the Easement in accordance with the
intention of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on /�(ovEHlBE� 2 , 1984.
PRODUCTION CREDIT ASSOCIATION OF
SAN LUIS OBISPO
BY .
DAVE BONETTI
Senior Vice-President
CITY OF ARROYO GRANDE
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