HomeMy WebLinkAbout2009-015040RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City of Arroyo Grande
PO BOX 550
Arroyo Grande, CA 93421
JULIE RODEWALD
San Luis Obispo Counly— ClerklRecorder
Hocordoa at�na Myuest of
Public
8C
3/27/2�9
3:34 PM
uoc#: 2009015040
TRles: 1 Pagss: 4
Feas 17.00
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Others o.00
Pam sn.00
GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT made this R� day of � , 2009 by and
between the CITY OF ARROYO GRANDE, (the "CITY"), and owner of a drainage easemeni
and right of way (the "easemenY� recorded on June 21, 1963 at Page 99, Volume 6 of maps of
the Records of San Luis Obispo County in real pmperty generally described as 990 Sycamore
Drive, Arroyo Grande, CA (the "property"; APN 077-351-003) and more particularly
described as Lot 3 of Tract No. 282 (Arroyo Terrace Unit No. 1) being a subdivision of Blocks 4,
7, 8& 9 and portions of Blocks 5, 6, 16, 17 & 18, Beckett's Addition to Oceano, City of Arroyo
Grande, San Luis Obispo County, Califomia, and JOSEPH AND ROXANNE HIENLY, owner
of the fee interest in the property (hereinaRer referred to as"LICENSEE").
WHEREAS, LICENSEE has constructed certain improvements on the pmperty (the
"structures",) consisting of a masonry wall and related appurtenance which encroach into the
easement.
WHEREAS, CITY is willing to allow the structures to temporarily remain so long as
they do not interfere with, or cause damage to, the use, maintenance and operarion of the
easement and/or the facilities and improvements located therein.
NOW, THEREFORE, in consideration of the terms and condirions contained herein, the
parties agree as follows:
1. CITY hereby grants to LICENSEE a license to allow the structures to remain in
their current location in the easement, subject to the following terms and conditions:
a. LICENSEE shall submit as built plans and specifications for the
structures to CITY;
b. During construc6on or modificarion of the structures, LICENSEE shail
comply with any and all instructions and guidance from CITY intended to prevent interference
with or damage to the easement and facilities located therein;
a LICENSEE agrees to remove the structures should CITI' so request in
order to gain access to the easement or conduct maintenance or repair of facilities located within
the easement, or to replace any such facilities; LICENSEE shall remove the structures within
thirty (30) days of written notice, unless CITY notifies LICENSEE of an emergency
necessitating removal in a shorter time period. Should LICENSEE fail to remove the structures
within the time frame specified by CITI', CITY, in its sole discretion, may elect to remove the
structures and any other encumbrances affecting the easement or facilities therein and recover all
costs and expenses for such removal from LICENSEE.
d. LICENSEE agrees to pay for any and a11 costs for the maintenance, repair
or replacement of the easement or facilities located in the easement resulting from or caused by,
in whole or in part, the construction, operation, maintenance or repair, or location of the
shuctures within the easement;
2. LICENSEE agees to hold hannless and indemnify CITY from any and all
liabilities, damages, costs, claims, causes of action, complaints or pmceedings of any kind or
nature arising or alleged to arise from the conshuction, operarion, maintenance or repair, or use
of the structures by LICENSEE, his agents, contractors, assigns or successors in interest, of any
ldnd.
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3. CITY may immediately revoke this License without notice for a breach of or
failure to comply with any of the terms and conditions set forth herein; CITY may revoke this
License without cause upon sixty (60) days written notice to LICENSEE.
4. This Agreement shall be binding upon the successors in interest of any kind to the
property.
5. In the event of legal action to enforce the terms and conditions of this Agreement,
the prevailing party shall be entitled to recover their costs, including reasonable attomey fees.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
yeaz first written above.
�
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CITY OF ARROYO GRANDE
BY� �i, !
STE'1�E�1 AD , City Manager
LICENSEE:
�
JOSEP KIENLY
OXANNEI Y
APPROVED AS TO FORM:
T OT �ARMEL, City Attorney
3
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State of California �
County of 5(A� Lu� f �b'�Jpo
On f'Y1A► eh. 9� � o d9 before me, �(�tbOrQh [�Pe (,�JZ� clvn[/P�', (lp� P�cbl �'L
oam �re ��rt ara rna a me � '
personally appeared ��OSQ��Gt � Q.r�Q Qf0.n ��Cw�tn 1..
ON0�I1111��
CqM1�1Us � 17Y►7N
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t�w itrs0�� C'�rll�
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Raue No�ery Seel Abo�le
who proved to me on the basis of satisfactory eviderxe to
be the person(s) whose name(s).i�`/are s�scribed to the
within instrument and acknowledged to me that
j�/sj�e/they executed the same inJ�/hefltheir authorized
capaciqr(ies), and that by bi�R�pr/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrumeM.
I certify under PENALTY OF PERJURY under the taws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature��.A�h `�.t� (.�.t,�k.✓►�cj�
Sgnenxe at Ndary P�Ib �
OPTIONAL
rnouyn me rn/orma�bn neaw ls rror reyuired by �aw, ;r may prove ve�ueae ro persons retyiny o� nre documenr
arM could prewent /raudulent removal and reettedrment o! this /orm to arrother documeM.
DescHptfon of Attached Document
TitleorTypeofDocument: �S'dnHD�G�C.� A�CE'' 12,oar pvoper�
V
Document Date: �� 9� �q Number of Pages: �
Signer(s) Other Than Named Above:
Capacity(fes) Clafined by Signer(s)
Signer's Name:
G3' Individual
❑ Corporate Officer — Title(s): _
❑ Partner — O Limi[ed ❑ General
❑ Attaney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representlng:
Top of Mumb here
❑ Corporete Officer — Title(s): _
❑ Partner — � Limited ❑ Generel
❑ Attorney in Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Top of ihumb �ere
Signer's Name:
C3 Individual
❑ � • �• ❑