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Home My WebLink About1985-006403,^ , RECORDING P.EQUESTED AND 41HEtd • i:ECOt2DED, P.ETIIRN T0: �• �, 6��3 DEPUTY CITV CL`c.Rr. ��AL RECORDS CITT OF ARROYO C3RANDE SAN LUlS OBlSpQ Cp,, CAL SOC I P. O. Bau 550 F E B 5 1gg5 Arroyo C3rende, Calif. 93420 FfIANCi3 M. COONHY Cou�r Ckrk�Reoorder OFFER TO DEDI� A� ��AL" EASEi�1E:QT WFIEREAS, COKER ELLS[dORTH and ED?,IIT_d C. ELLS[dORmH (ELLS�:ORTFI) is the owner of certain real property located in the City of Arroyo Grande, San Luis Obispo County, California (Property), described as follows: All of Lot 15 and that p�rtion of Lots 14 and 16 in B1ock 7 of Subdivision of property belonging to W. 27. Short, T. J. Plason and W. Whiteley, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to r:an recorded October 1, 1887, in Book A, Page 48 of 21aps,, in the office of the County Recorder of said County, described as £ollows: Be�inning at the most Westerly corner of Lot 15; thence 'dorth 60 55' East along the Northwesterly line of Lots 15 and 16, 57 feet, more or less, to the most Westerly corner of the land described in the deed to Lewis C. French, et al., recorded March 21, 1923, in Book 160, Page 31 of Deeds; thence Southeasterly along the Southwesterly line of land described in said deed to the Southeasterly line of Lot 14; thence Southwesterly along said Southeasterly line to r_he most Southerly corner of said Lot 14: thence Tdorthwesterly along the Southwesterly line of Lots 14 and 15, 247 feet to the point of beginning. ,�` i ��`- NI', .Ct?pRPt EXCEPT therefrom that portion of said Lots 14 and 15 lying within the lines of Eranch Street as widened. [TIEREAS, ELLSWORTH intends to offer to the City of Arroyo Grande (CITY) a perpetual easenent for the purpose of flood control, green belt, and open space on the Property (EASENL�'NT), described as follows: That portion of Lots 14, 15 and 16 in Block 7 of the Subdivision of property belonging to W, N, Short, T. J. 2"_ason and W. Whiteley in the City of P.rroyo Grande, County of San Luis Obispo, California, according to the Plap recorded in Book A, Page 48 of Maps, described in the Deed to Coker Ellsworth and Edwin C Ellsworth, recorded March 9, 1984, in Book 2573, at Page 480, Official Becords of said County, lying Southeasterly of the following described line, to wit: Beginniag at a point on the n orth eas t line of the land described in said Deed distant thereon S 330 06' 45" E 117.00 feet from the most northerly corner thereof; thence, S 51 10' 37" W 30.15 feet; thence, S.67� 02' 36" W 27.09 feet to the southwesterly line thereof. ��C�.' C� a-tir� �a - � - �4 > � C�-(lZv4-�- ��a -S—d'�� o� 2875 WHEREAS, it is intended that the above legal description should define that rear portion of the Property commencing at the top edge of the creek bank and running 10 feet in towards the building structure 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. Wf�EREAS, ELLSWORTH will retain certain rights to enter the Easernent area to protect its building. NOLd THEREFORE, it is agreed as £ollows: 1. Irrevocable Offer to Dedicate Exclusive Easement. Pursuant to this ocument, ELLSWORTH hereby o ers irrevocably to dedicate an exclusive easement to the City uPon the Easement as described in the recitals hereof, and shown upon the Exhibit "A" map attached hereto. 2. ELLSWORTH's Ri hts on Easeu�ent Area. ELLS[JORTH reserves the right at a 1 times to enter the Easement area to make improve- ments or to perform work necessary and appro pr iate to protect and maintain the integrity of ELLSWORTH's building. Except in cases of emergency, City permits authorizing such irmprovements shall first be obtained. The rights ELLSWORTH has reserved herein include incidental rights of maintenance, repair and replace�ent; however, ELLSWORTH shall have no obligation to maintain, repair or replace the Easement. ELLSt70RTH shall have the right to construct a concrete patio extending 5'9" from rear of building and appur- tenant drainage facilities for the structure and over-hanging deck. It shall be the responsibility of ELLStiTORTH to maintain this structure. 3. Cit 's Ri hts of Ase. The City shall have the right to come onto t e�aser.ient or the following types of uses: A. Flood Control. The City shall have the right to corme onto the Easement or the purpose of flood control, including, without limitation, the removal of obstructions, the repair and eiaintenance 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. 0 en S ace and Green Belt. Prior to the final adoption by the City o a p an or public access and public enjoyment of the creek and Easement areas, there shall be no right of public access to ttne Easement. The City shall bear all costs of construction of improvements pursuant to said Plan and shall inder.inify and hold ELLSWORTH 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. If the City adopts a plan for public enjoyment of the creek Fasement, the City shall have no right of public access or any right to remove any structures on the patio or over-hanging deck extending 5'9" from rear of the building descritaed as follows: - 2 - VO! ��5 PFGE46� DESCRIPTION ' That portion of Lots 14, 15, and 16 in Block 7 of the Subdivision of property belonging to W.N. Short, T.J. Mason, and W. Whitely, in the City of Arroyo Grande, County of San Luis Obispo, California, according to the map recorded in Book A, Page 48 of Maps, described in the deed to C.�ker Ellsworth and Edwin C. E1lsworth, re- corded March 9, 1984, in Book 2573, at Page 480, Official Records of sai.d Coimty, lying northwesterly �f the follow- ing described line, to wit: Beginning at a point on the northeasterly line of the land described in said deed,distant thereon south- easterly 1'�1.00 feet from the mostnortherly corner thereof; thence, southwesterly at right angles thereto, 56.85 feet to a point on the southoesterly line thereof. END DESCRIPTION , - 3 - �o� �s�SP��E4s$ 4. Cit 's Dut to Re air and t4aintain. The City shall have the duty to keep in goo repair an maintain the Easement including, but not limited to, the banks of Arroyo Grande Creek, so that it does not constitute and unreasonable hazard to the Property. . 5. Taxes The City shall pay all taxes and assess�ents that may be imposed or levied on the Easement offered herein. 6. Mechanic's Liens. The City shall keep the Easement free and c ear o any mechani'c's or materialmen's liens for labor perforr.ied 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 £or the City on the Easement area. 7. Indemnit . The City hereby agrees to indemnify and hold ELLS R�rmless for any and all liability £or damages, costs, losses and expenses resulting from, arising out of, or in anyway connected with ELLSWORTH'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 linited to, any claim made by any party, private or public, injured while on or har�ed in anyway connected with or arising £rom the Ease�ent offered to the City herein. 8. Entire Agreement. This instrunent contains the entire agreement betz,*een the parties relating to the rights herein granted and the obligations herein assumed. Any oral representa- tions or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 9. Attorney's Fees. In the event of any controversy, claim or dispute relating to this instrunent or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 10. Bindin Effect. This instrument shall bind and inure to the benefit o t e respective heirs, personal representatives, successors, and assigns of the parties hereto. 11. Additional Documents Should it be deter�ined at a date subsequent to the execution of this agreement that the 1ega1 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 a�endment to this agreement o7hich shall set forth an accurate legal description of the Easement in accordance with the intention of the parties, - 4 - VOL�U (SPAGf469 Itd WITTIESS WHEREOF, the parties hereto have executed this instrument on December 3, 1984. By��, �i��, Coker �llsworth ay ,. � �'C _ Edwin C. Ellswort ' CITY OF ARROYO GRANDE By � �� r �:��il�� I STATE OF CALIF9RNIA Iss. COUNNOF S an T�� s Obispo _ 1 p� December 3 19 $4' ,6efore me, ihe undersigned, a Notary Public in and for said State, personally appeared COKER ELLS470RTH and EDWIN C. ELLSWORTH personaly known to me (or proved to me on the basis of satis- factory evi0ence) lo be ihe person(s) whose name(s) is/are sub- scribed to the within instrument and acknowled9ed to me that he/she/they executed the same. WI7NESS my han / o 1 Hicial seal. Signature�✓ - - � OfFICIAL SEAL ELSIE BOUGH NOTARY PUBLIGCAIIFORNIA PRINCIPAL OFFICE IN SAN LUIS OBISPO My Commission Expires Apr. 5, 1985 (This area for official notarial seal) - 5 - vni 2675 PAGE 4�n a.- EI /sc..,o,-f�i. .. �r-osz, AS- 8U1[.T DR.��VING 316 E. SQkHCH S'�' �4f'�`7'4`33-t7 lllo e.�le 33po6'4S"G,/ lzl.0o' —,�' .E--�— � I `7.00' � � � v V y� � � . 0 '; � ' , � �, .� `O , � � h ,� � . tl! y r 0 •�. � � `, � �♦ t� K � 6' Y � � � � ` � Y N33°o6 qs'�w _--F� y � :;�s,' ! � � n � � � � a ..�,•..�.�� A �.� �t� I hereby certify that the above drawi ��.d��e�ff'iDq�; + s are true and � r � • •��{'r . 1 ' •��i 'd � • •' • :�'. �//. correct as of the date shown. '.:y" ��6'��AE(,, •��,� 1 � � . S �"'r '. . . ' ad _' "� �z-y $y ';�.��=;1�,�k�z�- � 1� i, •. ,� �� h; b i�' A `�- s �'•--•.......-•:; : - �'' `"''E�r ca�. �" �EI� � . 1j �hSirti..�'�� VDL �PAGE� 1� , � C P.ECORD I NG REQUESTED BY ANG WHEN RECORDED RETURN T0� �� DEPUTY C17Y CLERK GiY OF ARROYO GRr;ivDE P• O. Box 550 Arroyo Grande, Calif. 9342C CERTIFICATE OF ACCEPTANCE �f�C��i�ED F�� 8 1Q85 eir�r c�e�K ARROYO GRANDE THIS IS TO CERTIFY that the interest ia real property Offer to Dedicate a Perpetual Easement conveyed by the �eetk�omr�aocg�eed dated December 3, 1984 , from Coker Ellsworth and Edwin C. Ellsworth, over land known as 316 East Branch Street • to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolut3on No. 453, recorded the 26th day of August, 1960, ia Volume 1081, Official Records, Yage 344, San Luis Obispo County, California, and the Grantee consenta to recordation thereof. o � P FtROYp\ c�\ � \��pNPORATfp p2 ,} C � � � 10, ,�. \ c '�< � F oR� Dated: February 4 1985 CITY OF ARROYO GRANDE BY � /cJ ' �fi� ��-� %� MAYOR � ATTEST: D ty City Cler 2/4/85 �\ . 6 � � ^ � a END Of DOCUMENT vo� 2875p�ti�472