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2020-009884
2020009884 Tommy Gong San Luis spo - RECORDING REQUESTED BY: 02/28/2020b02:59 PMounty Clerk-Recorder City of Arroyo Grande Recorded at the request of PUBLIC Titles: 2 Pages: 7 AND WHEN RECORDED MAIL TO: Fees: $0.00 City of Arroyo Grande Taxes:Total: $0. 00 300 East Branch Street ■ ,r�`'L� 1;111M , ���� T�I�� ' Arroyo Grande, CA 93420 w� � ��f, ATTN: City Clerk GRANT OF OPEN-SPACE EASEMENT (Arroyo Grande Tract 1998, aka Tract 01-001) This Grant of Open Space Easement (the "Easement") is made as of this 23"4 day of 5G,naar , 2020, by Taos Holding Corporation, a California corporation (the "Grantor"). WHEREAS, Grantor warrants that it is the owner of the real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, Assessor's Parcel No. 007-781- 024, further described as a Subdivision of Parcel 7 of PM 103, as recorded in 28 PM 85 in the County of San Luis Obispo, incorporated herein by reference (the "Property"), being approximately 26.9 acres, which is or may be subject to real estate taxes, assessments, conditions, restrictions and easements all as the same may be of record; WHEREAS, the City of Arroyo Grande (the "Grantee" and/or the "City"), acting by and through its City Engineer, gave final approval of Tract Map 1998, aka Tract 01-001, ("Tract 1998"), as recorded on nt4t4ry oZ$, , 2020 in Book , Page '-%of Parcel Maps in the Office of the County Recorder of San Luis Obispo, California, for the construction of a fifteen (15) unit residential subdivision and one (1) open space lot located at James Way and La Canada in the City of Arroyo Grande, California. Said approval conditioned, among other things, that a restrictive covenant and easement be recorded over the open space lot and said easement be granted to the Grantee, to remain open space in perpetuity. This restrictive covenant and easement shall cover that portion of the Property identified as "Lot 16", as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Open Space Parcel"); WHEREAS, the specific and primary purpose of the restrictive covenant and easement over and upon the Open Space Parcel is to protect and conserve the land and other natural resources for open space value by monitoring, managing and otherwise preserving the values of the natural resources by the use of open space easements or other means to ensure these resources are protected for future generations; and WHEREAS, it is the intent of the Grantor to covenant and restrict the use of the Open Space Parcel as herein set forth and in compliance with said Tract 1998's City-approved Conditions of Approval. NOW THEREFORE, for valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Grantor covenants, warrants, grants and agrees as follows: 1. That Grantor, for itself, it's heirs, successors or assigns, hereby covenants and restricts the use of the Open Space Parcel, in perpetuity, as follows: a. To have the Open Space Parcel designated and treated as open space for the protection and preservation of the land and other natural resources for open space value, and Grantor, for itself, it's heirs, successors or assigns, does hereby agree, at Grantor's, its heirs, successors and/or assigns sole cost and expense, to otherwise manage, maintain and conserve the values of the natural resources therein and thereof to ensure such resources are protected for future generations. Grantor, its heirs, successors and/or assigns, do hereby indemnify Grantee, its successors or assigns, against all costs, expenses, liabilities, losses, damages, suits, fines, penalties, claims, and demands, including reasonable attorneys' fees, because of Grantor's, its heirs, successors and/or assigns failure to comply with this Easement, and that Grantor, its heirs, successors and/or assigns, shall not call upon Grantee for any disbursement or outlay whatsoever in connection therewith, and expressly release and discharge Grantee of and from any liability therefor; b. To prohibit all structures, grazing, grading, filling or vegetation removal unless otherwise approved by the City in writing, except fire prevention consistent with Tract 1998's Vegetation Management Plan, as described in Tract 1998's City- approved Common Area Management Plan, and except as may be required for City-approved vehicle access, pedestrian access, drainage facilities, or other City- approved improvements; c. To not allow any other use or purpose that is inconsistent with the restrictive covenants of the approved Tract 1998 CC&Rs. In any discrepancy between this Easement and the CC&Rs, the CC&Rs shall prevail; d. That the terms, conditions, restrictions, and the purpose and intent of this Easement may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California, the venue of which shall be in the Superior Court of San Luis Obispo County; and e. That this Easement shall bind the Grantor, it's heirs, successors or assigns, as to the use and enjoyment of both the Property and Open Space Parcel and shall run with the land. 2. That Grantor does hereby grant to the City of Arroyo Grande, a municipal corporation, in and of the State of California, as follows: a. A perpetual open space easement (the "Easement") for open space purposes in, over, under, across, upon and through that certain portion of the Property identified as "Lot 16" and as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (i.e., the Open Space Parcel), and the right to use, protect and preserve the natural resources of the Open Space Parcel for environmental, recreational and scenic values; and b. The easement rights granted herein include the following: (a) the right of ingress and egress, to and from the Open Space Parcel, across the lands of Grantor for all purposes useful or convenient in connection with or incidental to the exercise and enjoyment of the rights herein granted at locations which shall not interfere with Grantor's reasonable use of its remainder property; and (b) the right to enter upon, pass and repass over, along, and beside the Open Space Parcel. 3. The grant of the Easement and its acceptance by Grantee shall not authorize the public nor any member thereof to use or enter upon all or any portion of the Open Space Parcel, except for specific emergency and pedestrian access, as approved by the City, or for purposes of biological research, it being understood that the purpose and intent of this Easement is to restrict the uses to which the Open Space Parcel may be put so it will be preserved in perpetuity and managed by Grantor, it's heirs, successors and/or assigns, to the benefit of its biological, environmental and scenic resources. 4. It is expressly understood that the rights granted to Grantee under this Easement are granted to Grantee's officers, employees, agents, successors, or assigns, or any contractor, its agents and employees, engaged by Grantee, its successors or assigns, and to the officials and employees of the applicable state or federal resource agencies or their respective official designated representatives to allow them to observe the conditions of the Open Space Easement as per applicable management and monitoring requirements. 5. This Easement shall preclude native vegetation removal or additions, with the exception of specific management recommendations, requirements and conditions specified in a biological resource report first being filed with and approved by the Arroyo Grande Community Development Director. Brush clearing and fire fuel management for fire protection purposes shall be at Grantor's discretion, or as directed or ordered by the local Fire Authority or its official designated representative, as prescribed by law. In Witness Whereof, the parties hereto have executed this Easement as of the day and year first above written. GRAT : GRANTOR: Caren Ray R , Mayor, arren Shetler, President City of Arroyo Grande Taos Holding Corporation, a CA corporation Date.., tI2-9jZOZO Date: t 1231LO ATTEST , t/ " i ,; Kelly W-tmbr' City Clerk Da e:' 1( //Z( LOLb APPROVED AS TO FORM: Ti othy J. armel, City Attorney OPEN SPACE - EXHIBIT A ll S , - ` ` ,`. - ! ,_sem ENN • t. 4 v r F . 1' NiNr •, r y • yap jr 4* �' r OPEN SPACE (LOT 16) \NN,., )....\44•4'N . ,.I: A.1 N \ \\ ,..i-,,,' \ * • y.• 4 EXISTING CITY UTILITY BUILDING; t MAINTAINED BY CITY ri ♦ \i w ♦ r D D » 1 p I ., I i EXISTING EMERGENCY ACCESS ROAD t I INSTALLED AS PART OF THE ROAD • t IMPROVEMENTS FOR TRACT 1834-PHASE 5; �+' /'' 4i MAINTAINED BY TRACT 1834 HOA w i 1 ,. \NOPP� /-- .•-•'•� '•1' EXISTING"RANCHO GRANDE"` MONUMENT SIGN,LANDSCAPING, /'' • LIGHTING,AND IRRIGATION INSTALLED > /', ' AS PART OF TRACT 1997 ROAD AND LANDSCAPING IMPROVEMENTS; ��' THE MEADOWS MAINTAINED BY TRACT 1997 HOA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of -\ --`-L`5 Cb\C \ ^ On \ 2-5) -7(>2.10 before me, - 1 S\CCX.\C► C) 7ia:C\i Date Here Insert Name and Title of the Office personally appearede � 505`�� ame(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the Mrsort. laws of the State of California that the foregoing yotaryuc• aorna `" San Luis Obispo County paragraph is true and correct. :4-.,r • Commission#2235281 '"° My Comm.Expires Mar 22,2022 WITNESS my hand and official seal. Signature(/ ` I-A,- Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: (.`)(--`-C<-\,O�- QS\-S(x0.c2- Document Date: \\Z3\2 O Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer— Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: vete,.:ztv...k`I44,1.:.,wsvrc..`s^:zs .ivi.:sn, : <i:...>zann...',•tsvv....,..s.v. ... o-......., ....,.3,s.si-r ©2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of,5a/1 U 1 S (.Ejj�� 6 -D On inti/y• 2- before me, kvv-,01 , Notary Public, (Pate ♦ Insert Name of Notary exactly as it appears on the official seal personally appeared ha r( Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/slieithey executed the same in his/feir authorized capacity(ies), and that by his/weir signature(. on the instrument the WNW ACKKNAR person(s), or the entity upon behalf of which the person(s} "4111[1f; Commission ml►2139190 acted, executed the instrument. Notary s Obispo •CCounty I certify under PENALTY OF PERJURY under the laws of Z x n/ San Luis County the State of California that the foregoing paragraph is true Comm.Em�lns Fsb 1`2020 and correct. Witness my hand and official se; z:'/c4 Signature w) Place Notary Seal Above Signature of Notary P bl OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual El Individual El Corporate Officer—Title(s): ❑ Corporate Officer —Title(s): ❑ Partner ❑Limited ❑General 0 Partner El Limited❑General ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Attorney in Fact RIGHT THUMBPRINT ❑ Trustee OF SIGNER ❑ Trustee OF SIGNER ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed, dated January 23, 2020 from TAOS HOLDING CORPORATION, a California corporation, Grantor, to the CITY OF ARROYO GRANDE, a California municipal corporation, Grantee, is hereby accepted by the City of Arroyo Grande and the Grantee consents to recordation thereof by its duly authorized officer. DATED: 2/20/2020 --Th BY: Robin Dickerson City Engineer City of Arroyo Grande END OF DOCUMENT 2020009881 Tommy Gong San Luis - RECORDING REQUESTED BY AND WHEN 02/28/2020bispo 02:56 PCounty Clerk-Recorder RECORDED RETURN TO: Recorded at the request of PUBLIC City of Arroyo Grande Titles: 1 Pages: 4 Fees: $0.00 300 East Branch Street Taxes: $0.00 Arroyo Grande, CA 93420 Total: $0.00 M 'III 1Vi 1`' litkleili11111111 Public Agency—Exempt from Recording Fee DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS REGARDING ROAD, DRAINAGE AND OTHER COMMON FACILITIES This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS REGARDING ROAD, DRAINAGE AND OTHER COMMON FACILITIES ("Declaration") is made this 19t"day of NOWA/line , 2019, (the "Effective Date") by Anthony E. Toste, Trustee of the Toste Revocable Trust(referred to herein as "Declarant"). WHEREAS, Declarant is the sole owner of the following real property: PARCEL MAP AG 08-0059 BEING A SUBDIVISION OF A PORTION OF LOT OF BLOCK 1 OF THE FAIR OAKS TRACT,AS SHOWN ON MAP FILED IN BOOK 3 OF MAPS AT PAGE 52 IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, RECORDED IN THE SAN LUIS OBISPO COUNTY RECORDER'S OFFICE ON MARCH 28, 2017, AS DOC. NO. 2017013424 (the"Property"); and WHEREAS, on March 15, 2011, Declarant's application for Tentative Parcel Map No. 09-001 and Planned Unit Development 09-001 was approved by the Planning Commission of the City of Arroyo Grande through the adoption of Resolution No. 11-2126; and WHEREAS, Condition of Approval Number 35 of said Resolution required Declarant to prepare a maintenance agreement for all common facilities on the Property, including, but not limited to, the road, guest parking, drainage facilities and common open space; and WHEREAS,by this Declaration, Declarant desires to comply with said Condition of Approval. NOW THEREFORE, in consideration of the above recitals and covenants,terms, conditions and restrictions contained herein, Declarant hereby declares that the Property be held, transferred, conveyed, leased, occupied, or otherwise disposed of and used subject to the following covenants, conditions and restrictions, which shall run with the land, and be binding upon Declarant's heirs, successors in interest, administrators,assigns,lessees,or other occupiers and users of the Property, or any portion of it. A. All common facilities,including,but not limited to,the road,guest parking,drainage facilities, and common open space (collectively the "common facilities") shall be maintained in good 1 condition at all times. Each lot or unit owner and their successors shall share on a pro rata basis in the maintenance and repair of the common facilities. B. The road has been designed and constructed for passenger vehicles only and no commercial trucks shall be permitted to use the road which may cause damage or excessive wear and tear. All trash containers from the units who use the road for access shall be placed for collection on Alder Street so that no trash trucks utilize the road, as they would cause excessive damage to the road due to their extreme weight. C. The entire road is a fire lane according to the City of Arroyo Grande and no parking shall be allowed in the road. Violators will be towed at the owner's expense whether or not the road is posted as a tow-away zone. D. The City of Arroyo Grande has an emergency access easement over the road. E. Each lot or unit owner and their successors shall not undertake any repair or maintenance chargeable to the others without the written consent of at least a majority of the owners. All proposed maintenance and repairs shall be bid before a contract is signed for the work. The owners should review the condition of the road on an annual basis. F. Each lot or unit owner and their successors shall maintain adequate insurance which covers their use of the road. Each owner is responsible for any damage which exceeds normal wear and tear caused by the owner or his invitee. G. Each lot or unit owner shall bear the liability, if any, in the same percentage as they share in the costs and expenses of repair and maintenance for any personal injury or property damage to any worker employed to make repairs under this Declaration, or to any third person, resulting from or arising out of repairs and maintenance under this Declaration. The property owners shall not share any liability resulting from personal injury or property damage, other than that attributable to repairs and maintenance, under this Declaration. H. Since disputes between neighbors can be difficult to resolve amicably, all disputes and claims arising between any party affected by this Declaration shall be mediated prior to arbitration. Mediation fees shall be divided equally between or among the mediating parties. If any party commences an action without first attempting to resolve the matter through mediation, or refuses a request to mediate, then that party shall not be entitled to attorney's fees and costs even if they are the ultimate prevailing party. I. Any dispute or claim in law or equity between lot or unit owners arising out of this Declaration, which is not settled through mediation, shall be decided by neutral, binding arbitration.The arbitrator shall be a retired judge or justice,or an attorney with at least 5 years of residential real estate Law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of the California Code of Civil Procedure or successor provisions. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The parties shall have the right to discovery in accordance with Code of Civil Procedure§1283.05 or a successor provision. 2 MISCELLANEOUS PROVISIONS J. Survival. All covenants, representations, warranties and other provisions under this Declaration to be performed or relating to the period shall survive the consummation of this Declaration. K. Attorneys' Fees. Should any lot or unit owner reasonably retain counsel for the purpose of enforcing or preventing the breach of any provision hereof, including, but not limited to, instituting any action or proceeding to enforce any provisions hereof for damages by reason of any alleged breach of any provision hereof, for a declaration of such party's rights or obligations hereunder or for any other judicial remedy,then,if said matter is settled by judicial determination (which term includes arbitration judicially affirmed), the prevailing party shall be entitled, in addition to such other relief as granted,to be reimbursed by the losing party for all costs and expenses incurred thereby, including, but not limited to, reasonable attorneys' fees and costs for the services rendered to such prevailing party. L. Time of Essence. Time is expressly declared to be of the essence in this Declaration and of every provision hereof in which time is an element. M. Benefit and Burden. This Declaration shall be binding upon and inure to the benefit of the Declarant and his respective heirs, representatives, successors and assigns. IN WITNESS WHEREOF Declarant has executed this Declaration the day and year first written above. Declarant: Anthony E. Toste, Trustee of the Toste Revocable Trust Date: ////9// 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of $a►v Lai S 061,SpO ) On 11/1q / 2019, before me, �ay!(l� �Y�S��(�1 F-e VY`- Notary Public, personally appeared, Anthony E. Toste, who proved to me on to basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,. ta+""'a"p� JANAE KRISTEN PERRY �''�+ti_�= COMM.#2200924 g [Seal] Ul f Y MOTH lu a o�s-C GFuaRwu Si nature 44"a / Mr CoMr.Ezr.JUNE 10.2121 4 END OF DOCUMENT 2020009880 Tommy Gong RECORDING REQUESTED San Luis Obispo - County Clerk-Recorder 02/28/2020 02:56 PM BY WHEN RECORDED Recorded at the request of RETURN TO: PUBLIC Titles: 2 Pages: 9 Cit Clerk Fees: $0.00 City Taxes: $0.00 City of Arroyo Grande Total: $0.00 300 East Branch Street ' �r L F � �5Y 1r 1I IIAroyo Grande, CA 93420 FOR RECOR. NO RECORDING FEE-PUBLIC AGENCY-GC 6103 AMENDED AND CORRECTED IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC PEDESTRIAN ACCESS EASEMENT THIS OFFER TO DEDICATE is made this .ZO day of December, 2019, by Triple P, LLC of the City of Arroyo Grande, County of San Luis Obispo, State of California, hereinafter termed Offerer: WHEREAS, on September 12, 2019, Offeror's Irrevocable and Perpetual Offer to Dedicate Public Pedestrian Access Easement was recorded with the County Recorder's Office of San Luis Obispo County as Document No. 2019038325, which contained a mistake in the easement description; and WHEREAS, said Offerer desires to hereby correct and replace the irrevocable and perpetual offer to dedicate a public pedestrian access easement with this instrument. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described in Exhibit A and shown schematically in Exhibit B, attached hereto and incorporated herein by this reference. 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Arroyo Grande a public pedestrian access easement, along with any appurtenances and incidental uses, over, under, upon and across the following property described in Exhibit A-1 and shown schematically in Exhibit B-1, attached hereto and incorporated herein by this reference. 3. That within said easement, the City of Arroyo Grande shall have the right to install, operate and maintain, repair and replace the pedestrian area, along with any appurtenances and incidental uses. And that within said easement, the City of Arroyo Grande shall have the right to require Offeror to install, operate and maintain, repair and replace the pedestrian area, along with any appurtenances and incidental uses. 1 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate a public pedestrian access easement is and shall be binding on their heirs, legatees, successors and assigns. IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first written above. OFFEROR: TRIPLE P, LLC Cl,` ) I By: Chris Will, Manager Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Luis Obispo ) On 17<'C'e '1tee-2brd Nil , before me, -Fakl1.( I 1 It' , notary public, personally appeared Chris 'Will, who proved to me on the basis of satisfactory evidence to be the person,cer ose name,Fisare subscribed to he within instrument and acknowledged to me th t h /tt y executed the same inei / r/fir authorized capacity5yet) and that by646thir signature,() on the instrument the personfnor the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI N2thiLii S my hand a . .fficial s-:I. ( otary gnature) (Seal) I r7717:316"."16.111.16"111: blic-Call/ornfa q SraLufs Ob(spo County ii _ Commissfon M 2284954 My CUmm Erplret Apr 12,2023 2 Exhibit A MERGED LOT Legal Description Being lots 32, 33, 34, and 35 of Tract No. 2792, in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on Map recorded in Book 31 of Tract Maps, at Page 19 through 22 in the Office of the County Recorder. Containing an area of 103,873 square feet, more or less, and is shown on the attached Exhibit "B". /2- ZO—/� Kenny L. ' argen L. 47 date LAND S6,,�� < KENN -. 44.11 FARGEN p 4597 �Q 9TF OF CAI \F�� Surveyors statement This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act. EXHIBIT A-1 Pedestrian Access Easement Legal Description Being a portion of Lots 33, 34 and 35 of Tract No. 2792, in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on map recorded in Book 31 of Tract Maps, at Page 19 through 22 in the Office of the County Recorder, described more particularly as follows: Commencing at a 3/4" Iron pipe with plastic cap stamped LS 6729, shown on the above- mentioned Tract Map, being the northeast corner of said Lot 33 and being the True Point of Beginning; Thence, southerly along the easterly line of said Lot 33, being the right of way line of Woodland Drive (52 feet wide) South 00 degrees 08 minutes 58 seconds East, 1.54 feet to the beginning of a tangential curve concave to the East; Thence, continuing along said right of way line through said curve, having a radius of 426.00 feet, length of 95.04 feet, and interior angle of 12 degrees 46 minutes 58 seconds to the beginning of a reverse curve, having a radial bearing of North 77 degrees 04 minutes 03 seconds; Thence, continuing along said right of way through said curve, having a radius of 474.00, length of 103.45 feet, and interior angle of 12 degrees 30 minutes 17 seconds; Thence, continuing along said right of way, South 00 degrees 25 minutes 40 seconds East, 126.56 feet to the beginning of a tangential curve concave to the northwest; Thence, continuing along said right of way, through said curve having a radius of 20.00 feet, length of 31.42 feet, and an interior angle of 90 degrees 00 minutes 00 seconds to a point on the North right of way of Fair Oaks Avenue (80 feet wide); Thence, continuing along said right of way, South 89 degrees 34 minutes 20 seconds West, 287.26 feet to the Southwest corner of said Lot 34; Thence, along the West line of said Lot 34, North 00 degrees 29 minutes 38 seconds West, 6.00 feet; Thence, leaving said West line the following 6 courses, all of which are 6 feet Northerly and Westerly of the South and East lines of said Lots 33, 34, 35: North 89 degrees 34 minutes 20 seconds East 287.26 feet to the beginning of a tangential curve concave to the northwest; Thence, through said curve, having a radius 14.00 feet, length of 21.99 feet, and an interior angle of 90 degrees 00 minutes 00 seconds; Thence, North 00 degrees 25 minutes 40 seconds West, 126.56 feet to the beginning of a tangential curve concave to the West; Thence, through said curve, having a radius of 468.00 feet, length of 102.14 feet, and an interior angle of 12 degrees 30 minutes 17 seconds to the beginning of a reverse curve concave to the East, and having a radial bearing of North 77 degrees 04 minutes 03 seconds East; Thence, through said curve, having a radius of 432.00 feet, length of 96.38 feet, and an interior angle of 12 degrees 46 minutes 58 seconds; Thence, North 00 degrees 08 minutes 59 seconds West, 1.51 feet to a point on the North line of said Lot 33; Thence, easterly along the North line of said Lot 33, North 89 degrees 34 minutes 28 seconds East, 6.00 feet to the True Point of Beginning. Containing an area of 3,843 square feet, more or less, and is shown on the attached Exhibit "B- 1". -20 -- /q Kenny L argen L.S. 4.! date ���0 ANO s4/ C� ENNY F .. Lf . FA: N \ p J 73 s L.S. 4597 Q qTF OF CAL\F�� Surveyors statement This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act. EXHIBIT 9 3/4" IP WITH PLASTIC CAP LS 6729 PER (R1) SOO 0('R5"E N89'34'28"E (R1) 286.32' (R1) pp D �� It N •/ NO O O I 00. O 0-1 � ON • Ci) 61 N 0 0 N CPT LOT 32 LOT 33 m (R1) `. (R1) : jilt MERGED PARCEL x„ -IICA � 4' O N 103,873 SQUARE FEET o J 2.381 ACRES bo... i N89'34'20"E (R1) I N89'34'20"E (R1) — 153.47'(R1) + 153.27'(R1) uJ LOT 35 ct (R1) o _ o O J • NCO • Z CI„ O W N • z LOT 34 Qo o (R1) - —I 9p LEGEND 0 (R1) DENOTES RECORD DATA PER 0 T.M. BOOK 31 PAGE 19 TO 22 0 :8 o 0= �N N89'34'20"E (R1) 287.26' (R1) L=s0,1-e FAIR OAKS AVENUE EXHIBIT MAP 2624 AIRPARK DRIVE A MERGER OF LOTS 32, 33, 34 AND 35 OF TRACT NO. SANTA MARIA, CA 93455 2792, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN C_SurtypYardIti-jiglicx PHONE: 805-934-5727 LUIS OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP isawar ,ri,� FAX: 805-934-3448 RECORDED IN BOOK 31 OF TRACT MAPS, AT PAGE 19 � DATE: JANUARY 2019 THROUGH 22 IN THE OFFICE OF THE COUNTY RECORDER. MERGER EXHIBIT.DWG SHEET 1 OF 1 EXHIHIT H 1 PEDESTRIAN ACCESS EASEMENT T.P.O.B. L6 12' STORM DRAIN EASEMENT PER 47-PM-54 N89'34'28"E (R1) ; 286.32' (R1) S00'08'58"E ' 1.54' (R1) LINE TABLE -� LINE LENGTH BEARING LIMITS OF RECREATION L1 126.56 S00'25'40"E TRAIL AND BIKEWAY I ' L2 287.26 S89'34'20"W Z EASEMENT PER L3 287.26 N89'34'20"E o 47-PM-54 �' L4 126.56 NO0'25'40"W -,J LOT 3 3 I / L5 1.51 N00'08'S9"W N w N77'04'03"E L6 6.00 N89'34'28"E N 0° (RAD) Z LOT 32 (R1) o (R 1) `� , 1.1.1 N UD > \$ 0 53 C / 0N89'34'20"E (R1) N89'34'20"E (R1) A 0 153.47' 153.27' z co CURVE TABLE 0 Q CURVE LENGTH RADIUS DELTA I J 4C1 95.04 426.00 12'46'58" CI LOT 3 4 C2 103.45 474.00 12'30'17"I O o (R1) C3 31.42 20.00 90'00'00" O z C4 21.99 14.00.90'00'00" o _w b I o C5 102.14 468.00. 12'30'17" • v C6 96.38 432.00 12'46'58" ilh :&..1 I 1:‘ N LOT 35 (R1) i 0 N00'29'38"W _\___ _m v 6.0' (CALC) 10' STREET TREE PLANTING EASEMENT (R1) J F / / /l ,--7---,--7--1-31--r-/-7-7-7-7 T/� c L2 LEGEND f' PUE (R1) T.P.O.B. TRUE POINT OF BEGINNING FAIR OAKS AVENUE (R1) DENOTES RECORD DATA PER T.M. BOOK 31, PAGES 19 TO 22 (CALC) DENOTES CALCULATED DATA EXHIBIT MAP F?__ 2624 AIRPARK DRIVE A 6 FOOT WIDE PEDESTRIAN ACCESS EASEMENT OVER A ar SANTA MARIA, CA 93455 PORTION OF LOTS 33, 34 AND 35 OF TRACT NO. 2792, cSr1n'1 .l�c7nc PHONE: 805-934-5727 IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUISx�t FAX 805-934-3448 OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP �.t> DATE: DECEMBER 2016 RECORDED IN BOOK 31 OF TRACT MAPS, AT PAGE 19 THROUGH 22 IN THE OFFICE OF THE COUNTY RECORDER. PED ACCESS EASEMENT .DWG SHEET 1 OF 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Amended and Corrected Irrevocable and Perpetual Offer to Dedicate Public Pedestrian Access Easement, dated 12/23/19 from Triple P, LLC, to the CITY OF ARROYO GRANDE, a municipal corporation, is hereby accepted by order of the City Council of the City of Arroyo Grande pursuant to authority conferred by order of the City Council of the City of Arroyo Grande on January 28, 2020, and the grantee consents to recordation thereof by its duly authorized Mayor. Dated: t I 2 1 2-020 CITY OF ARROYO GRANDE: ByO CAREN RAY R0S•M, MAYOR ATTEST: KELLY WET O , CITY CLERK • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of r\V\-A-AS U\ \c--)Y C7 J} On �CA-SV2� a) before me, ��S�Csz,\ et cSoc\ Dad. Here Insert Name and Title of the Officer) personally appeared — 'QC \ J Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the �•.,� JESSICA MATSON laws of the State of California that the foregoing .4:41111s Notary Public-California i` San Luis Obispo County f. paragraph is true and correct. fw+!►�' Commission#2235281 °•' My Comm.Expires Mar 22,2022 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document c\c Title or Type of Document: er \ CXcXJC,C1.A0c� o, Document Date: \-1--\2-0vc'\ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): 0 Corporate Officer— Title(s): ❑ Partner— 0 Limited 0 General 0 Partner— 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association END OF DOCUMENT 2020009879 Tommy Gong San Luis Obispo - County Clerk-Recorder 02/28/2020 02:56 PM RECORDING REQUESTED Recorded at the request of PUBLIC BY WHEN RECORDED Titles: 2 Pages: 12 RETURN TO: Fees: $0.00 Taxes: 0.00 Total: $0.00 City Clerk City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY NO RECORDING FEE-PUBLIC AGENCY-GC 6103 AMENDED AND CORRECTED IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE EASEMENTS FOR STORM DRAIN AND WATER PIPELINE THIS OFFER TO DEDICATE is made this "' day of December, 2019, by Triple P, LLC of the City of Arroyo Grande, County of San Luis Obispo, State of California, hereinafter termed Offerer: WHEREAS, on September 12, 2019, Offeror's Irrevocable and Perpetual Offer to Dedicate Public Utility Easement was recorded with the County Recorder's Office of San Luis Obispo County as Document No. 2019038326, which contained mistakes in the nature and description of the easements granted therein; and WHEREAS, said Offerer desires to hereby correct the error and make an irrevocable and perpetual offer to dedicate a storm drain easement and water pipeline easement with this instrument, instead. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described in Exhibit A and shown schematically in Exhibit B, attached hereto and incorporated herein by this reference. 2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of Arroyo Grande a storm drain easement and a water pipeline easement, along with any appurtenances and incidental uses, over, under, upon and across the following property described in Exhibit A-1 and A-2 and shown schematically in Exhibits B-1 and B-2, attached hereto and incorporated herein by this reference. 3. That within said easement, the City of Arroyo Grande shall have the right to install, operate and maintain, repair and replace a storm drain and water pipeline, respectively, along with any appurtenances and incidental uses. 1 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate a storm drain and water pipeline easement is and shall be binding on their heirs, legatees, successors and assigns. IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first written above. OFFEROR: TRIPLE P, LLC CL, t-L. 1 By: Chris Will, Manager Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Luis Obispo ) On '( ° Ilyd ut , before me, ..4 &4i ti4A MOM4 notary public, personally appeared Chris Will, who proved to me on the basis of satisfactory evidence to be the person;(..sr whose nam9k() is are subscribed to the within instrument and acknowledged to me that /tpy executed the same in ii (.I r/ it authorized capacit ) and that b 0 Fjer/fl[r ignaturejon the instrument the person) , or the entity upon behalf of which the person'' acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI 1 E°S my hand and o .c..:l seal AA3JIlJ &) / t III . ary Signature) (Seal) ahl� FA, MLA Notary Public-o o San Luis Obispo County ,ly ayCGounmrmnisCsatpolnreass A2pr814295240 23 2 Exhibit A MERGED LOT Legal Description Being lots 32, 33, 34, and 35 of Tract No. 2792, in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on Map recorded in Book 31 of Tract Maps, at Page 19 through 22 in the Office of the County Recorder. Containing an area of 103,873 square feet, more or less, and is shown on the attached Exhibit "B". /Z-2D--/9 Kenny L. argen L.S. 7 date LAND s4p KENNY � L. FARGEN p 73 s L.S. 4597 \� 9TF OF CAL\Fcy.� Surveyors statement This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act. Exhibit A-1 Storm Drain Easement Legal Description Being a portion of Lots 32 and 33 of Tract No. 2792, in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on Map recorded in Book 31 of Tract Maps, at Page 19 through 22 in the Office of the County Recorder, more particularly described as follows: Commencing at a 3/4" Iron pipe with plastic cap stamped LS 6729, shown on the above mentioned Tract Map, being the northeast corner of said Lot 33; Thence, southerly along the East line of said Lot 33, South 00 degrees 08 minutes 59 seconds East, 1.54 feet to the beginning of a tangential curve concave to the East; Thence, continuing along the East line along said curve, having a radius of 426.00 feet, length of 9.39 feet, and an interior angle of 01 degrees 15 minutes 48 seconds to the True Point of Beginning; Thence, continuing along said curve, having radius 426.00 feet, length of 20.39 feet, and interior angle of 02 degrees 44 minutes 34 seconds; Thence, leaving said East line, along the following four courses: South 44 degrees 34 minutes 38 seconds West, 6.70 feet; Thence, parallel with the northerly line of the above-mentioned lots 32 and 33, South 89 degrees 34 minutes 38 seconds West, 253.26 feet; Thence, North 45 degrees 25 minutes 22 seconds West, 29.70 feet; Thence, South 89 degrees 30 minutes 22 seconds West, 8.20 feet to a point on the West line of said lot 32, bearing South 00 degrees 29 minutes 38 seconds East, 15.00 feet from the northwest corner of said Lot 32; Thence, northerly along said West line, North 00 degrees 29 minutes 38 seconds West, 15.00 feet to the northwest corner of said Lot 32; Thence, along the North line of said Lot 32, North 89 degrees 34 minutes 28 seconds East, 14.43 feet; Thence, leaving said North line, along the following three courses: South 45 degrees 25 minutes 22 seconds East, 29.70 feet; Thence, parallel with the northerly line of the above-mentioned lots 32 and 33, North 89 degrees 34 minutes 38 seconds East, 240.84 feet; Thence, North 44 degrees 34 minutes 38 seconds East, 14.29 feet to the True Point of Beginning; Containing an area of 4, 477 square feet, more or less, and is shown on the attached Exhibit "B- 1". i Kenny L. ' argen .S. 410:7 date c� AND S& KF G L. FARGENENNY p L.S. 4597 �Q 9TF OF CAL Surveyors statement This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act. Exhibit A-2 15 Foot Waterline Easement Legal Description Being a portion of Lots 32 and 33 of Tract No. 2792, in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on Map recorded in Book 31 of Tract Maps, at Page 19 through 22 in the Office of the County Recorder, more particularly described as follows: Commencing at a found Nail and Tag stamped LS 5139 shown on the above mentioned Tract Map, in the top of the concrete junction box, being the Southwest corner of Lot 34 of said Tract No. 2792; Thence, North 00 degrees 29 minutes 38 seconds West, 234.27 feet along the westerly line of said lot 34 and 32 to the True Point of Beginning; Thence, continuing along the westerly line of said Lot 32, North 00 degrees 29 minutes 38 seconds West, 15.00 feet; Thence, leaving said west line the following 5 courses: North 89 degrees 34 minutes 30 seconds East, 35.85 feet; Thence, North 00 degrees 25 minutes 22 seconds West, 34.30 feet; Thence, North 90 degrees 00 minutes 00 seconds East, 15.00 feet; Thence, North 00 degrees 25 minutes 22 seconds West, 34.19 feet; Thence, North 89 degrees 34 minutes 30 seconds East, 245.43 feet to a point on the East line of said Lot 33 and the beginning of a curve concave to the East, having a radial bearing North 77 degrees 04 minutes 37 seconds East; Thence, southerly along said East line through said curve, having a radius of 426.00 feet, length of 0.07 feet, and an interior angle of 00 degrees 00 minutes 34 seconds to the beginning of a reverse curve concave to the west, having a radial bearing of South 77 degrees 04 minutes 03 seconds West; Thence, continuing along the East line of said Lot 33 through said curve having a radius of 474.00 feet, length of 15.24 feet, and an interior angle of 01 degrees 50 minutes 33 seconds; Thence, leaving said East line, South 89 degrees 34 minutes 30 seconds West, 299.35 feet to the True Point of Beginning. Containing an area of 5,053 feet, more or less, and is shown on the attached Exhibit "B-2". It --z©-0 Kenny L. Fargen L. . 4 date ��co LAND so�G <v KENNY L. FARGEN A * * ,n L.S. 4597 \Q ATF OF CAL\FO Surveyors statement This legal description was prepared by me or under my direction in conformance with the Land Surveyor's Act. EXHIBIT B 3/4" IP WITH PLASTIC CAP LS 6729 PER (R1) S00'08'59"E N89'34'28"E (R1) 286.32' (R1) 1.54'(R1) 8 IDIS 7 Ir` N IIit ii 53 O o OO .i O• (P O (n N N N 0 (°- 0 O to N N co • • o ,I LOT 32 LOT 33 n (R1) (R1) MERGED PARCEL r II p p N J 0 103,873 SQUARE FEET - 4, o 2.38 ACRES o U' i N89'34'20"E (R1) T N89'34'20"E (R1) 153.47'(R1) 153.27'(R1) W LOT 35 cr w (R1) o p Z1 O N N •• CO Z („i O (� N 00 N O 7 o LOT 34 a 8Q (Ri) _f 5J LJ LEGEND -0 (R1) DENOTES RECORD DATA PER 0 T.M. BOOK 31 PAGE 19 TO 22 2 N89'34'20"E (R1) 287.26' (R1) L=31�2'L�, FAIR OAKS AVENUE EXHIBIT MAP irTarget 2624 AIRPARK DRIVE A MERGER OF LOTS 32, 33, 34 AND 35 OF TRACT NO. SANTA MARIA, CA 93455 2792, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN c...981r1t7J/ CA PHONE: 805-934-5727 LUIS OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP KIcei , „ FAX: 805-934-3448 RECORDED IN BOOK 31 OF TRACT MAPS, AT PAGE 19 DATE: JANUARY 2019 THROUGH 22 IN THE OFFICE OF THE COUNTY RECORDER. MERGER EXHIBIT.DWG SHEET 1 OF 1 EXHIHIT H 1 12' STORM DRAIN EASEMENT 3/4" IP WITH PLASTIC PER 47-PM-54 CAP LS 6729 PER (R1) SO0'08'59"E 548 59 E L6 + N89'34'28"E (R1) 286.32' (R1) n . �/j P.O.C. 1 N T.P.O.B. f L8 , _ `i\ — �� __ LIMITS OF RECREATION L� I r>. L1 TRAIL AND BIKEWAY U, II731-- EASEMENT PER N 47-PM-54 o I ). N e J o I u‘ O'P N U) (p o a LOT 32 _ w LOT 33 1 1 °rT° jilt (R1) v (R1 ) I .b D\T'.1:-Z3'L'� I O O 1.4 �I O 11) I N89'34'20"E (R1) N89'34'20"E (R1) 153.47'(R1) ± 153.27'(R1) CURVE TABLE W CURVE LENGTH RADIUS DELTA LOT 35 > Cl 20.39 426.00 2'44'34" (R1) C2 9.39 426.00 115'48" o LINE TABLE 0 r;', N5 LINE LENGTH BEARING I oz 0 ". (6 L1 6.70 S44'34'38"W 4, N L O T 34 L2 253.26 S89'34'38"W rn Z O ,� L3 29.70 N45'25'22"W �, Q (R1) L4 8.20 S89'30'22"W q J 53 L5 15.00 NO0'29'38"W ,_. L6 14.43 N89'34'28"E I I`� LEGEND L7 29.70 S45'25'22"E `�0 L8 240.84 N89'34'38"E 0 P.O.C. POINT OF COMMENCEMENT L9 14.29 N44'34'38"E T.P.O.B. TRUE POINT OF BEGINNING (R1) DENOTES RECORD DATA PER 10' STREET TREE T.M. BOOK 31 PAGE 19 TO 22 PLANTING EASEMENT (R1) iL § (CALC) DENOTES CALCULATED DATA L 8 i N T �_ N89'34'20"E (R1) f 287.26' (R1) f L--=3A-4'e, FAIR OAKS AVENUE 6 PUE (R1) EXHIBIT MAP 2624 AIRPARK DRIVE A 15 FOOT WIDE STORM DRAIN EASEMENT OVER A SANTA MARIA, CA 93455 PORTION OF LOTS 32 AND 33 OF TRACT NO. 2792, IN c.911/y gi/C.3 PHONE: 805-934-5727 THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS aantiltaria FAX: 805-934-3448 OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP cfgaggt> DATE: DECEMBER 2016 RECORDED IN BOOK 31 OF TRACT MAPS, AT PAGE 19 THROUGH 22 IN THE OFFICE OF THE COUNTY RECORDER. NEW SD EASEMENT .DWG SHEET 1 OF 1 EXHIBIT B1— 2 N8934'28"E (R1) 286.32' (R1) L 12' STORM DRAIN EASEMENT I Z LIMITS OF RECREATION 11 o< in PER 47-PM-54 o TRAIL AND BIKEWAY D D 73r 70 o r1-1 (r)°5 I �; EASEMENT PER I�r 1 t I� 0 LOT 32 I N U, 47-PM-54 NU, n o� o c 0o L4 ^I - cn o 70 � ^ LOT 33 0 - , m 15' (R1) S77'04'O3"W U' (J1 Iv 6 (RAD) I cRAD)37 „E L2 L6 + • N-7-7•O4 N r 1 L7 ( f r I T.P.O.B. I I- - o .. U � N89'34'20"E (R1) N89'34'20"E (R1) II 153.47' (R1) ± 153.27' (R1) c II W w JIz o CURVE TABLE — NI CURVE LENGTH RADIUS DELTA J N N C1 15.24 474.00 01'50'33" o W ° LOT 34 I : C2 0.07 426.00 00'00'34" 0 b0 • o N (R1) �- LOT 35 I (R1) N N Q LINE TABLE ' _J LINE LENGTH BEARING 0 L1 15.00 NOO'29'38"W :� 0 in L2 35.85 N8934'3O"E FOUND NAIL AND TAG LS 5139 L3 34.30 NO0'25'22"W 0 IN TOP OF CONCRETE JUNCTION L4 15.00 N90'0O'00"E BOX PER R1 L5 34.19 N00'25'22"W 10' STREET TREE L6 245.43 N89'34'30"EI o PLANTING EASEMENT (R1) N L7 299 ,y2 , _ .35 589'34'30"W J P.O.C. + - _ _ -D=„ . } N89'34'20"E (R1) 287.26' (R1) f L=3 42 e P.O.C. LEGENDPOINT OF COMMENCEMENT FAIR OAKS AVENUE 6 PUE (R1) T.P.O.B. TRUE POINT OF BEGINNING (R1) DENOTES RECORD DATA PER M.B. 31, PAGE 19-22 (CALC) DENOTES CALCULATED DATA EXHIBIT MAP _ 2624 AIRPARK DRIVE A 15 FOOT WIDE WATERLINE EASEMENT OVER A PORTION J`/�' SANTA MARIA, CA 93455 OF LOTS 32 AND 33 OF TRACT NO. 2792, IN THE CITY ,fj�lu PHONE: 805-934-5727diEVQ:a OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, FAX: 805-934-3448 STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN DATE: DECEMBER 2016 BOOK 31 OF TRACT MAPS, AT PAGE 19 THROUGH 22 IN THE OFFICE OF THE COUNTY RECORDER. NEW WL EASEMENT .DWG SHEET 1 OF 1 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Amended and Corrected Irrevocable and Perpetual Offer to Dedicate Easements for Storm Drain and Water Pipeline, dated 12/23/19 from Triple P, LLC, to the CITY OF ARROYO GRANDE, a municipal corporation, is hereby accepted by order of the City Council of the City of Arroyo Grande pursuant to authority conferred by order of the City Council of the City of Arroyo Grande on January 28, 2020, and the grantee consents to recordation thereof by its duly authorized Mayor. Dated: I VI2-0ZD CITY OF ARROYO GRANDE: c Byle . CAREN RAY R S - S M, MAYOR ATTEST: KELLY WETM RE, CITY CLERK CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of SoL.C\ S Ub\SC , 1 On- CAS\ 29,7,07U before me, -.\pc----SI\C--0\- n� n .\ �- c .\C-, guts Here Insert Name and Title of the Offieer personally appeared `e--'C \ 9.-0-x--) 9-> SUC•C1 Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing h: dJESSICA MATSON Notary Public-California paragraph is true and correct. San Luis Obispo County *- Commission#2235281 WITNESS my hand and official seal. '" My Comm.Expires Mar 22,2022 : Signature ej 1x ,r,e� L-� Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: INrc\Q_Pc . 9.CtCc U) e(6 .51! t--P,- -MQ►`�-' Document Date: \ZA \`a\ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer -Title(s): 0 Corporate Officer - Title(s): ❑ Partner- 0 Limited 0 General 0 Partner- 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association END OF DOCUMENT Complimentary Recording Requested 2020009878 Pursuant to Government Code Sections Tommy Gong 6103 and 27383 San Luis Obispo - County Clerk-Recorder 02/28/2020 02:56 PM Recorded at the request of RECORDING REQUESTED BY PUBLIC AND WHEN RECORDED MAIL TO Titles: 1 Pages: 4 Fees: $0.00 Cit Clerk Taxes: $0.00 City Total: $0.00 City of Arroyo Grande 300 East Branch Street t Arroyo Grande, California 93420 RESOLUTION NO. 4960 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PUBLIC IMPROVEMENTS AND EASEMENTS FOR THE MEDICAL OFFICE BUILDING, LOCATED AT 850 FAIR OAKS AVENUE RESOLUTION NO. 4960 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING PUBLIC IMPROVEMENTS AND EASEMENTS FOR THE MEDICAL OFFICE BUILDING, LOCATED AT 850 FAIR OAKS AVENUE WHEREAS, the City Council approved Conditional Use l''c;T:'it 15-006 on January 26, 2016; and WHEREAS, the project was conditioned to offer certain easements for dedication and complete certain public improvements pursuant to City Council Resolution No. 4705 adopted by the Arroyo Grande City Council on January 26, 2016; and WHEREAS, the developer has constructed the improvements required by the conditions of approval for Conditional Use Permit 15-006 in December 2018; and WHEREAS, staff inspected the improvements on December 13, 2018 and find they are constructed in accordance with the approved plans for the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Arroyo Grande hereby accepts public improvements and easements for the Medical Office Building located at 850 Fair Oaks Avenue including public curb, gutter, drive approach, sidewalk on Fair Oaks Avenue, water lines, sewer lines, a pedestrian easement and a public utility easement. On motion of Mayor Ray Russom, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Mayor Ray Russom and Council Members Barneich, Paulding, George, Storton NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 28th day of January, 2020. RESOLUTION NO. "/9tP a PAGE 2 !Pei CARRAY 1 SOM, MAYOR ATTEST: :f ; / aJIdaQQL- KELLY E / ORE, CITY CLERK APPROVED AS TO CONTENT: iliJAMES A. ' r' ', CITY MANAGER APPROVED AS TO FORM: T4)//k1HY J. C M( EL CITY ATTORNEY T ORNEY COPY CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4960 is a true, full, and correct copy of said Resolution passed and adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the 28th day of January, 2020. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of January, 2020. aleiste KELLY ET, ORE, CITY CLERK END OF DOCUMENT ACTION MINUTES REGULAR MEETING OF THE CITY COUNCIL TUESDAY, MARCH 24, 2020 COUNCIL CHAMBERS, 215 E. BRANCH STREET ARROYO GRANDE, CALIFORNIA In compliance with the State and County Shelter at Home Orders due to the coronavirus pandemic, and as allowed by the Governor's Executive Order N-29-20, which allows for a deviation of teleconference rules required by the Ralph M. Brown Act, this meeting was held by teleconference. 1. CALL TO ORDER Mayor Ray Russom presided from the dais in the Council Chambers and called the Regular City Council Meeting to order at 6:14 p.m. 2. ROLL CALL City Council: Council Members Lan George (via teleconference), Jimmy Paulding (via teleconference), Kristen Barneich (via teleconference), Mayor Pro Tern Keith Storton (via teleconference), and Mayor Caren Ray Russom. Staff present: City Manager James Bergman, City Attorney Timothy Carmel, Administrative Services Director Mike Stevens, Accounting Manager Nicole Valentine, Director of Public Works Bill Robeson, and Community Development Director Whitney McDonald were all present via teleconference. City Clerk Kelly Wetmore and Information Technology Manager Walt Cuzick were present in the Council Chambers. 3. MOMENT OF REFLECTION 4. FLAG SALUTE Mayor Ray Russom led the flag salute. 5. AGENDA REVIEW 5.a. Closed Session Announcements. None. 5.b. Ordinances Read in Title Only. Mayor Ray Russom moved, Council Member Barneich seconded, and the motion passed unanimously that all ordinances presented at the meeting shall be read by title only and all further readings be waived. 6. SPECIAL PRESENTATIONS 6.a. Introduction of New Employee — Michael Stevens, Director of Administrative Services. City Manager Bergman introduced Michael Stevens as the new Director of Administrative Services and highlighted his educational and professional background. 7. COMMUNITY COMMENTS AND SUGGESTIONS Mayor Ray Russom invited public comment. Speaking from the public was Thomas Murray, who expressed concern that the traffic light sensors at Rancho Parkway and West Branch Street near the Five Cities Center are not working properly. No further public comments were received. Minutes: City Council Meeting Page 2 Tuesday, March 24, 2020 8. CONSENT AGENDA Mayor Ray Russom asked the Council if there were any questions or any items to be pulled from the consent agenda for further discussion. In response to questions by Council Members George and Paulding, Community Development Director McDonald provided additional information regarding Item 8.e. (Consideration of the 2019 General Plan Annual Report.) Mayor Ray Russom invited public comments on the Consent Agenda. No public comments were received. Action: Mayor Ray Russom moved, and Council Member Barneich seconded the motion to approve Consent Agenda Items 8.a. through 8.g., with the recommended courses of action. The motion passed on the following roll-call vote: AYES: Ray Russom, Barneich, Paulding, George, Storton NOES: None ABSENT: None 8.a. Consideration of Cash Disbursement Ratification. Action: Ratified the listing of cash disbursements for the period March 1, 2020 through March 15, 2020. 8.b. Consideration of Statement of Investment Deposits. Action: Received and filed the attached report listing of investment deposits of the City of Arroyo Grande, as of February 29, 2020 as required by Government Code Section 53646(b). 8.c. Consideration of a Resolution Authorizing the Deposit of City Funds in Various Financial Institutions. Action: Adopted a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING THE DEPOSIT OF CITY FUNDS IN VARIOUS FINANCIAL INSTITUTIONS". 8.d. Consideration of an Amendment to the Agreement for Consultant Services with Quincy Engineering for the Swinging Bridge Project. Action: Approved and authorized the Mayor to execute Amendment No. 4 to the Consultant Services Agreement with Quincy Engineering to extend the contract expiration date to April 13, 2021. 8.e. Consideration of the 2019 General Plan Annual Report. Action: Reviewed and accepted the 2019 General Plan Annual Report and directed staff to forward the Report to the Governor's Office of Planning and Research and the Department of Housing and Community Development. 8.f. Consideration of Approval of the Turf and Sprinklers Replacement Project Within the Parkside Village Assessment District. Action: Approved the Turf and Sprinklers replacement project within the Parkside Assessment District and appropriated $18,333 from the Parkside Village Assessment District fund for the cost of the project. 8.g. Monthly Water Supply and Demand Update. Action: Received and filed the monthly Water Supply and Demand Report. 9. PUBLIC HEARINGS None. Minutes: City Council Meeting Page 4 Tuesday, March 24, 2020 Action: Mayor Ray Russom moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES/CITY MANAGER'S PROCLAMATION OF THE EXISTENCE OFA LOCAL EMERGENCY(COVID-19)". Council Member George seconded, and the motion passed on following roll call vote: AYES: Ray Russom, George, Barneich, Paulding, Storton NOES: None ABSENT: None 12. CITY COUNCIL REPORTS The City Council provided brief reports from the following committee, commission, board, or other subcommittee meetings that they attended as the City's appointed representative. (a) MAYOR RAY RUSSOM: (1) California Joint Powers Insurance Authority (CJPIA) (2) South San Luis Obispo County Sanitation District (SSLOCSD) (3) Tourism Business Improvement District Advisory Board (b) MAYOR PRO TEM STORTON: (1) Brisco/Halcyon Interchange Subcommittee (2) Five Cities Fire Authority (FCFA) (3) Integrated Waste Management Authority Board (IWMA) (4) South County Chambers of Commerce Governmental Affairs Committee (5) Attended Mayor's Meeting on behalf of the Mayor (c) COUNCIL MEMBER BARNEICH: (1) Homeless Services Oversight Council (HSOC) (2) South County Homeless Taskforce (3) Zone 3 Water Advisory Board (d) COUNCIL MEMBER PAULDING: (1) Air Pollution Control District (APCD) (2) Brisco/Halcyon Interchange Subcommittee (3) Council of Governments/Regional Transit Authority (SLOCOG/SLORTA) (4) South County Transit (SCT) (e) COUNCIL MEMBER GEORGE: (1) Community Action Partnership San Luis Obispo (CAPSLO) (2) County Water Resources Advisory Committee (WRAC) (3) Regional Water Initiatives (4) Visit SLO CAL Advisory Board 13. COUNCIL COMMUNICATIONS Mayor Ray Russom announced that www.readyslo.org is a resource available for the public to find information on COVID-19; that there is now a Hotline to report non-compliant businesses; that the Recreation Services Department has launched a Virtual Recreation page on the City's website that provides free recreation activities; and announced "Take-out Tuesday" as a way to support local restaurant businesses during the pandemic. Minutes: City Council Meeting Page 3 Tuesday, March 24, 2020 10. OLD BUSINESS: None. 11. NEW BUSINESS 11.a. Consideration of Resolution Ratifying the Proclamation of the Existence of a Local Emergency. City Manager Bergman presented the report and recommended that the Council adopt a Resolution ratifying the existence of a local emergency as declared by the Director of Emergency Services/City Manager. Mayor Ray Russom acknowledged for the record that correspondence regarding this matter was received from a member of the public and was distributed to the Council prior to the meeting as supplemental information. Mayor Ray Russom invited public comments. No public comments were received. Action: Mayor Pro Tern Storton moved to adopt a Resolution entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, CALIFORNIA, RATIFYING THE DIRECTOR OF EMERGENCY SERVICES/CITY MANAGER'S PROCLAMATION OF THE EXISTENCE OFA LOCAL EMERGENCY(COVID-19)". Council Member George seconded, and the motion passed on following roll call vote: AYES: Storton, George, Barneich, Paulding, Ray Russom NOES: None ABSENT: None 11.b. Addition of Emergency Agenda Item —March 24, 2020 City Council Meeting Relating to COVID-19 Pandemic; Consideration of Resolution Expressly Affirming Actions of the County of San Luis Obispo Related to the COVID-19 Pandemic as Applicable and Enforceable within City Jurisdiction and Making Related Determinations Regarding the Proclaimed Local Emergency. City Attorney Carmel presented the staff report and recommended that the Council: 1) determine by majority vote that an emergency situation exists in the City as a result of the COVID-19 pandemic and add item 11.b. to the agenda, and 2) adopt a Resolution Expressly Affirming Actions of the County of San Luis Obispo Related to the COVID-19 Pandemic as Applicable and Enforceable Within City Jurisdiction and Making Related Determinations Regarding the Proclaimed Local Emergency. Action: Mayor Ray Russom moved to find that an emergency situation exists in the City of Arroyo Grande as a result of the COVID-19 pandemic and add Item 11.b. to the agenda. Mayor Pro Tem Storton seconded, and the motion passed on following roll call vote: AYES: Ray Russom, Storton, Barneich, Paulding, George NOES: None ABSENT: None Mayor Ray Russom invited public comments. No public comments were received. Minutes: City Council Meeting Page 5 Tuesday, March 24, 2020 Mayor Ray Russom requested, and Council Member George concurred, that staff place on a future agenda an item to consider delaying Transient Occupancy Tax (TOT) late payment penalties. Mayor Ray Russom requested, and Council Member Barneich concurred, that staff place on a future agenda an item to consider authorizing refund of deposits for facility rentals. Mayor Ray Russom requested, and Council Member George concurred, that staff place on a future agenda an item to consider waiving late fees on utility bills. Council Member Paulding thanked staff and Council Members for their efforts during the COVID- 19 pandemic and listed resources available to the public on www.emergency.cvc.gov and listed ways to cope during the pandemic. He further urged the public to support local businesses. Council Member Barneich reminded the public of the City's email address that is available for any questions and thanked staff for their efforts in quickly updating the City website and social media sites with current information. Mayor Pro Tem Storton thanked the Mayor for her leadership during the pandemic and the dedication of City staff. 14. CLOSED SESSION None. 15. ADJOURNMENT There being no further business to come before the City Council, Mayor Ray Russom adjourned the meeting at 7:20 p.m. Caren`Ray usso' , Mayor ATTEST: Kelly We mot.", City Clerk (Approved at CC Mtg 0"-(y-2020)