HomeMy WebLinkAbout2009-015039a
RECORDING REQUESTED BY
AND WHEN RECORDED, MAIL TO:
City of Arroyo Grande
PO BOX 550
tlrroyo Grande, CA 93421
JULIE RODEWALD
San Luis Obispo Counly—Clerk/RecoMer
peaorded at the requeat of
Public
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3:34 PM
�o�: 2009015039
Tdl�s: 1 Pages: 4
psss 17.00
TaYSS 0.00
Othsrs 0.00
PAID $17.00
GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT made this �f' " day of �, 2009 by and
between the CITY OF ARROYO GRANDE, (the "CITY"), and owner of a drainage easement
and right of way (the "easement") recorded on June 21, 1963 at Page 99, Volume 6 of maps of
the Records of San Luis Obispo County in real property generally described as 988 Sycamore
Drive, Arroyo Grande, CA (the "property"; APN 077-351-004) and more particulazly
described as Lot 4 of Tract No. 282 (Anoyo Terrace Unit No. 1) being a subdivision of Blocks 4,
7, 8& 9 and portions of Blocks 5, 6, 16, 17 & 8, Beckett's Addirion to Oceano, City of Armyo
Grande, San Luis Obispo, Califomia, and CHARLES AND LAURIE MCHALE, owner of the
fee interest in the property (hereinafter 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 operation of the
easement and/or the faciliries and improvements located therein.
NOW, 'THEREFORE, in consideration of the terms and conditions 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 construction or modification of the structures, LICENSEE shall
comply with any and all instrucrions and guidance from CITY intended to prevent interference
with or damage to the easement and facilities located therein;
c. LICENSEE agrees to remove the structures should CITY 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 norice, 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 CITY, CIT'Y, 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 all 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 consriuction, operation, maintenance or repair, or location of the
structutes within the easement;
2. LICENSEE agrees to hold hannless and indemnify CITY from any and all
liabilities, damages, costs, claims, causes of action, complaints or pmceedings of any ldnd or
nature arising or aileged to arise from the construction, operation, maintenance or repair, or use
of the structures by LICENSEE, his agents, contractors, assigns or successors in interest, of any
kind.
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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 ldnd to the
property.
5. In the event of legal action to enforce the terms and conditions of this Agreement,
the prevailing party shall be enritled 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.
Cy Y 11•Li7 yf 7;��1'liZH;7_\►1 �� �I
By: ��-�--
-_ z S VEN ADAMS, City Manager
_ ��
APPROVED AS TO FORM:
TIM THY J. L, i orney
LICENSEE:
(/���t� `�'�!
CHARI,ES MC
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State of C R� �— � � U�^� i� )
County of �i4-� � i � � � S � U )
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personaily
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Notary Public (here insert
who proved to me on the basis of satisfactory evid to be the persoK,s}avhose r
instrument and acknowledged to me that he/she,(�executed the same fn his/heq
by his/he h� signaturQ�yon the instrument the persor s,�or the entiry upon
executed the instrument
before me,
and title of the officer),
i ar subsaibed 6o the within
Urorized capadly(� and tltat
of which the persoq�cted,
I certify under PENALTY OF PER]URY under the laws of the State of Catlfornia that the foregofng paragreph is true and
correct.
WITNESS my hand and official seai. ,
Signature (Seal)
MYRNA BERRYMtII
Commisslon N 17bSat�
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tan lW� Oblapo CowNy
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