The URL can be used to link to this page

Home My WebLink About1979-000773\ � .. �J � � � �' �a3 ` pFFlC1A1. RECOFtDa _ _ _ - - - -- � -- _ _ -- c� W19 fjB�PO 8A. �L - r �:;��;, _„� :�� Lw �v,z��t;��— — JAN 51979 C�e � � � Y�_ •� yIlILL1AM E. ZIMARIK `�-'�`�� - �'� � P. 0. Box 550 � C�JNTY � ��-�,°__ Arroyo Gx.:nde, California 93420 , .� �: 20 � � AGREEMENT FOR EXCHANGE OF PROPERTY �-I�-� WHEREAS, the CITY OF ARROYO GRANDE is empowered under ! I"� � U�1" ��(!�f�i' � � �. . Government Code §37351 to purchase, lease, exchange or receive such Yeal property situated inside or outside of the City limits as is necessary or proper for municipal purposes; and, WHEREAS, the CITY OF ARROYO GRANDE has an interest in certain real property designated as "City Property", more particularly described in Exhibit "A" which is attached hereto and designated as Parcels I, II, and III in said Exhibit "A"; and, WHEREAS, the Arroyo Grande City Planning Commission has considered the matter of the disposal of that certain real property designated "City Property"; and, WI�REAS, the above-referred to real property is serving no use£ul purpose to the City of Arroyo Grande at the present time except for drainage ponding purposes, and it would be to the advantage of the City of Arroyo Grande to exchange said property for a drainage easement over certain property owned by JACK J. CARMICHAEL and KAY L. CARMICHAEL, designated as "Carmichael Property", and more particularly shown on Exhibit "B" attached hereto and designated thereon as "Parcel I", to be used with a portion of "City Property" which will be re- served as set forth herein. NOW, THEREFORE, it is agreed as follows: 1. The CITY OF ARROYO GRANDE hereby agrees to convey its interest in property described in Exhibit "A", designated as Parcels I, II, and III, to JACK J. CARMICHAEL and KAY L. CARMICHAEL. 2. Prior to the conveyance o£ said property, the CITY OF ARROYO GRANDE will remove the existing windmill from Parcel I. i' �VO1�124 PACE �OU ... � 3. The CITY OF ARROYO GRANDE will reserve an easement over said Parcel III for right of way purposes, public utility purposes and drainage purposes. Said easement shall include the right of entry to construct, maintain and install the above-referred to facilities over all of said parcel III. It is further agreed between the parties hereto that JACK J. CARMICHAEL and KAY L. CARMICHAEL may relocate the easement referred to in this paragraph over any other portion of the adjacent property owned by them upon condition that if said easement is relocated it will be at the sole expense of JACK J. CARMICHAEL and KAY L. CARMICHAEL and will conform to any and all existing City ordinances in force at the time of relocation, and wi11 not deduct fr o terfere with the w�w City's drainage facility and�mee�e��ioval of the City. 4. JACK J. CARMICHAEL and KAY L. CARMICHAEL agree to convey a drainage easement to the CITY OF ARROYO GRANDE over that certain real property described as Parcel I in Exhibit "B". Said drainage easement shall include the right to develop a water storage area for drainage purposes, including the right to install, maintain and repair pipes incidental to said drainage £acility. 5. CITY agrees to construct a protective fence around said ponding area and agrees to hold JACK J. CARMICHAEL and KAY L. CARMICHAEL harmless from any liability resulting from the use by CITY o� said easement area for ponding purposes. 6. CITY agrees that the use of the ponding and ditching area shall comply with all the appropriate health and sanita- tion laws, and furthermore agrees that all excavation dirt and silt dirt taken from the ponding area wi11 be used on the adjoining property of JACK J. CARMICHAEL and KAY L. CARMICHAEL and will be graded in accordance with the directions of them. In the event that said CARMICHAELS do not advise CITY OF ARROYO GRANDE where said dirt is to be placed within five (5) days of - 2 - _ _ ._--- _�0�2124 NA�E 98'� � � request by the CITY, the CITY OF ARROYO GRANDE will be relieved of the provisions of the paragraph except £or those relating to CITY complying to health and sanitation laws. 7. It is agreed by the parties hereto at such time as the Arroyo Grande City Council determines that drainage facilities are no lonqer required for the area served by said drainage easement, the CITY will quitclaim its drainage ease- ment back to grantors or their successors or assigns. Nothinq contained in this agreement is intended to imply that the CITY will abandon said property interest without complying with all provisions of the law in effect at the time of said abandonment. DATED this day o£ August, 1978. OFFICIAL SEAL � A.NP:A A",. JAA2SALEK m NOTARY PUBLIC - CALIFORNiA s;N w,s ceisro ccuNn MY mmm. e:;r�res JUIi 11. 1'.180 214 E&md� Sf.. Arroyo G�o'de, Cp 93420 � , � � �� p Signature ,Y�u�+2�G1- �- ��Zv`'��-�(i DATED Movember 15, 197$ CITY OF ARROYO GRANDE � BY ► � -, _ `,� � , ,�UGYyG <t ��id C . J K J' CARMICHAEL / .� :_/� / � / fG � L. CARMICHAE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On November 15 197$ before me, the under- signed, a Notary Public in and for said State, personally appeared Jack J. Carmichael and Kay L. Carmichael, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same. WI'.'NESS my hand and official seal. STATE OF CAL I FOP,FJ I A COUIJTY OF SAN LUIS OB15P0 On this 15th day of November, in the year 1978, before me, Anna t1. tharsalek, a Notary Public in and for the Sta�e of C liforn'a erso all ap eared Ma k M Millis known to m t be the Mayor of the City of �rroy_o �r'ar�e ana kn�wn �o me to �e tfie persoh wF�o executed� t�ie within instrument on behalf ot said City and acknowledged to me that such City executed ,.� the same. _, __ Signature �� . �9'J/��Aq��., Qe� �VOl�1�� PAGE 90p 2 � 9 �+ /59S � � � a ^ � � ROCKAWIAY / . ,� LGNGBRANCH — -: `._ . — /S3j � I , � I i /SS i � A� — —� I �%� i ; 114 � I i _.._� �'de i \ � 5/ i i AVE. i i � _ � � I � � � GRAND AVE. �� l� AREA CODE NO. � 77 � ! �2/ - h. E.> W. � � N.W. CJK. TRACT NO./O�: � 90 � }e � ( ��'�.2 �., 12738 I 141.1g ,� _ I �� :. \ �.375 � �3SS ��53 � ... . 148 1SOm Tr 60 I r�., 1 �'��s /�s/ i �303 �� ..Fr IB C I , �\ I � �� h ��i ... � � :� t� � . � �._ � � � � � � � � 86 � � � z �(II� _ _ 9 � � �, ^ � � � \ — — l � �� ., C\2 � ,�,�---- 7 . , °� ( r'{�� ti� � � � ` � i J, ' ' + � T ' I ' �\ _ �� r � ., � ' � i i ' . I O ' ' � - .L \1'a 1 - . .____'..'__. __ .' � .-. i � �/ ` Po .. � � .�_. ` � /399 3 `; _' -'_ �� ! � n '�' , � �� - � � � � � /399 � as. . /38 B � i38 c � / 3g A + W � m �� _ . /�� , : �p I` � - - - - - � - --� - � . ,., � . _ . , i'. � ... - � .. i :> ' _ . N � - � 7 i3c� � ; �,' /5�� . „^ ,;` � _ ,:- - ; � ' `. <�, � , , , �; � � - ��• � �� ' �-- �- .. 0. , 4 � r M . - r � . . � � • 0 ' - � � � � � . 1 i � -. � . � , � - � - � y� • . � �. _ _ . .6 136 � �i .^ /�S ", /.303 "./' . - -- -�--�-�- .. � i . � � ______'. _�-.___ -� �,:i� ,_ __ � V �'ta �. ;. i. , - -_'-. _. . ... i _ , 'c . I . .__ .. .._ .��.�.� + � � ;H �' � . �S�10 �� I rz W. su � w =. � �_ ryjs � � -, i � � i • .-. � �o ,�2 SF � ,. .� GITY OF ARROYO GRANDE 0 CARMICHAEL - EXN►BIT "A" - pqRCELS I, II, AND III PARCEL 1: That portlon of Lots 1 and 2 of J. F. Beckett's Grand Avenue Tract and of Grand Avenue, now closed, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map filed for record September 26, 1891 in Book B, dt page 75 of Maps, described as follows: Cegtnning at a point on the South line of Grand Avenue, as conveyed to the County of San Luis Obispo by Deed recorded May 13, 1913 in Book 97, at page 94 of Deeds, wfifch is North 86 46' West, 290.22 feet from the Northwest corner of Tract No. 10, accord- ing to the map of said Tract, recorded November 23, 1931, in Book 5, At page 28 of Maps, said point being the Northwest corner of the property conveyed to William A. Kellor, et ux., recorded December 7, 1937, in Book 224, at page 329 of Official Re- cords; thence South 3� 14' West, a,lon5 the �fest iine of cne property so conveyed 322.� feet to the true point of beglnning; thence from said true point of beginning South 3 14' West, 322.5 feet to the Southeast corner of the property conveyed to Arthur M. Peugh, et ux., by deed March 12, 1938 in 13ook 238, at page 66 of Official Records; thence North 86 46' West, along �he South llne of the property so eonveyed, 1$1,3� feet to the Southwest carrser thereaf; th�nce Nurth 3 14' East, along the Mest llne of the oroperty so conveyed 322.5 fe•�r; rher.ce So�th $6 4G' East, i41.38 feet to the true point of beginning. PARCEL 2: That portion of lot i of J. F. Beckett's Grand Avenue Tract, and of Gra�d Avenue now closed, in the City of Arroyo Grande, County of San Luis Obispo, State of Lalifornta, according to the map of said Tract flled for record September 26, 1841, in Book B, at page 75 of Maps, described as follows: Beginning at a point in the South li�e of Grand Avenue, as conveyed to the County of San Luis Obispo, by Deed recorded May 13, 19�3, in Book 97, at page 94 of Deeds, whtch is North 86 46' Mest, 4;1.6 feet from the Northwest corner of Tract No. 10, according to the map recorded November 23, 1931, fn Book 5, at page 28 of Maps, said potnt being the Northwest corner of the property conveyed to Arthur W. Peugh, et ux., by Deed re- corded March 12, 1938 in Book 238, at page 66 of Official Records; thence South 3 14' West, along the Mest ltne of the property so conveyed 322.5 feet to �he Northwest corner of the property herein described in Parcel 1; thence South 86 46' East, along the North line of said Parcel 1, 14 feet; thance North 3 14' East, 322•5 feet to the North line of the property co�veyed to Arthur W. Peugh, et ux., as aforessid; the�ce North ?6 4fi' �lest along said North line to the point of beginning. PARCEL 3: That portion of Blocks 86 and 114 of the Town of Grover, in the ttty of Arroyo Gran e, County of San Luis Qbispo, State of California, according to the Map of satd Town drawn by A. Lundqulst and filed for record November 23 1892 1n Book A at Page 6 of Maps, in the Office of the County Recorder of said County, and a portion of Lot 1 of the J. F. Beckett's 6rand Avenue Tract, in the City of Arroyo Grande, Lounty of San Luis Obispo, State of Californfa, according to the Map of said Tract, f(led for record September 26, 1891 in Book B, at Page 75 of Maps, in the office of the County Recorder of sald County, descrlbed as a whole as follows: Beginntng at a point ln the South ltne of Grand Avenue as conveyed to the Co�ty of San Luis Obispo by deed recorded May 13, 19�3 in Book 97, at Page 94 of Daeds, said po(nt being South 86 46' East, 721 feet from the Northwest corner of Block 87 of said Taw� of Grover, said polnt being also the Northwest corner of the property conveyed by Jessica C. Hazzard, a wldow to C. W. Johnson, et ux., by de&d recorded October 25, 1939, in Book 266 at Page 315 of Official Records; thence South 3 14' West along the Mesterly line of the property so conveyed, 645 feet to the Southwesterly corner thereof; thence North 86� 46' West, 50 feet to the Southeasterly corner of the property conveyed to Rose V. Johnson, a married woman, by deed re&orded February 26, 1938 in Book 234, at Page 438 of Officlal Records; thence North 3 14' East along the Easterly line of the praperty so conveyed, 645 feet to the Northeasterly corner thereof; thence South 86 46' East, SO feet to the point of beginning. . VOl�1�� PACE 9� ��'CARMICHAEL TO CITY - E}�,BIT "B" - Parcel I � That portion of I.ots 1 and 2 of J. F. Beckett's Grand Avenue Tract and of Grand Avenue, now closed, in the City of Arroyo Grande, County of San Luis Obiepo, State of California, according to map filed for record September 26, • 1891 in Book B, at page 75 of Maps, described as follows: Beginning at a point on the South Line of Grand Avenue, as conveyed to the County of San Iuis Obispo by Deed recorded May 13,1913 in Book 97, at page 94 of Deeds, which is North 86° 46' West, 290,22 feet from the Northwest corner of Tract No. 10, according to the map of said Tract, recorded November 23, 1931 in Book 5, at page 28 of Maps, said point being the Northweet corner of the property conveyed to William A. Kellor, et ux., recorded December 7, 1937 in Book 224, at page 329 of Official Records; thence South 3° 14' West, along the Weet line of the property so conveyed 645 feet to the southeast corner of the property conveyed to Arthur W. Peugh, et ux., by deed recorded March 12, 1938 in Book 238, at page 66 of Official Records and the true point of beginning; thence North 86 46' West 483.58 feet to the so�theasterly corner of the property conveyed to Rose V. Johnson, a married women, by deed recorded February 26, 1938 in Book 234, at Page 438, of Official Records; thence North 3 14' East along the easterly line of the property so conveyed 150 feet; thence South 86° 46' East 483.58 feet to the easterly line of the property conveyed to the said Arthur W. Peugh, et ux.; thence South 3 14' Weat along the said eaaterly line thereof 150 feet to the true point of beginning, : VOL�� PACE 9c7.t � [�u ne � O � ii�7 , i' � I � I � I i 87� 1 � i I I I - I � I � i I I i i I i:! � 'I�. r � 6i Z i i i i .,, � � � � O� � ROCKAWAY ��----� i " �LONGBRANCH � i � -�'— '•-7=�---- i59s I.. I' I I; � I I I � i � I I I i i i I i _ � /5 I i �� -�_ � � 4 � I i I i � �� i � I ; � _. i �5! / � i AVE i ' 20 /S3 � AVE. . . • �2� -- �� h.8i �O '� 136 I � �v ��I �� I� \ \ I \ ii �'. V. � \\ \ �- \ f I �' � � �� J \\ '..-.__E �, o i , ri � , I � � � ` as- i� l �� ;; � �\ r � } � `: / �N �� 1 3 �- � �o J � � � _� � 4 i� - GRA ND I Q �' TAX AREA CODE NO. ' I� ;s w. AVE. (10'e.2 ' 14� 12Z38 N.w.COR. T RACTNO./O-� �.� � I /'f05 � � ie.i. u � d� ( �� I �37.s ��3'.SS 'i /3S3 I,..� 148 1SOm Tr bOl � � I � / � ' I �3J�.S �3.�� i /3 �_F� �8 I V�[ oi � i i h �°,� � �_ I i i �,� / � � � h ! I . � � �� i I i � ' � � �1 i ol i � � m� �� 22 � I I� :� ; 1� , I � �,�--- ----- � ; � j ' � ,; � � i � , ,� � � . , � i � �. i � "i � I � i i �, i . �� i � �i i I � i� I � �--- - �s� z _ _J � I I ; -. - � i i � � � �� /399 I,� �� , �z3; --'a�� - 9 ia-� -� h�- pa � 1= -3g� �l-__ —__ _ -_ _.__- : . ISl g� - __� � I � . i �.� � � F 9 ' � � /39 � i38 B `� � � � ! � � / 38 G `�� x . i � /3a A i � � W � ' �` -- - ' . � /38 i �'v. -, . r t ,�_ � . c� � .. �i c ' ' 2l ��' I", i i�� "_ �� - f�r� I -.. � I �i, � �4 � �� i i I I ��, � 1 1 � � �' C�IP • ' � Z i3� � `�� i � /.� .�I- �� - 2 I t_.Z I � i i /S'2 , � sa.z_ � ��^__ ' � I�^ I ;.:. % , � !i . - , - _�_'= __ - .-,+ i ' `'°� I � ,, _ � i " .., ,1 , � � _ iso _ �'. I �5 � _1, �� r7 �- 79/ I 9C 31 � i �- � � � � V �� I � � � R � '� � �I`�-� �� V � \� ; � �` / iai to �/'�S �^� /303 �'�`� -- /�✓O �. 1 I ` — --�. __=� - L__ 7g 9 0 3 I _� r.., F ' —1 -- - � -� � �A /s�� o r � AR F �4 � �� , SF.r i� 0 � 0 0 z � W