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HomeMy WebLinkAbout2021-025437 _ 2021025437 RECORDING REQUESTED BY AND Tommy Gong San Luis - WHEN RECORDED RETURN TO: 04/05/202�1bispo All10:10 County Clerk-Recorder Recorded at the request of PUBLIC CITY OF ARROYO GRANDE Titles: 1 Pages: 6 ATTN: CITY CLERK Fees: $0.00 • 300 EAST BRANCH ROAD Taxes: 0.00 Total: 0.00 ARROYO GRANDE, CA 93420 riNIP10101111111 GRANT OF LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of License and Agreement Affecting Real Property ("AGREEMENT") is enteredinto as of 1/15/2021 by and between the CITY OF ARROYO GRANDE, ("CITY"), a municipal corporation organized under the laws of the State of California, and Rodeo Grace Investors, LLC ("LICENSEE"). WHEREAS,the CITY owns Grace Lane in Arroyo Grande, California(PROPERTY). WHEREAS, the LICENSEE desires to install certain improvements on a portion of the PROPERTY including a storm drain (STRUCTURE) across a portion of Grace Lane, Arroyo - __Grande,.-_as generally described-on--Exhibit "A-1" and depicted in Exhibit "A-2" attached hereto and incorporated herein by this reference. WHEREAS,the CITY is willing to allow the STRUCTURE to remain so long as it does not interfere with, or cause damage.To, the use, maintenance and operation of the PROPERTY and/or the improvements located therein. - -= -NOW -THEREFORE;in-consideration of the terms and conditions contained herein,the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Grant of License. The CITY hereby grants to LICENSEE a license to allow the STRUCTURE across a portion of Grace Lane,Arroyo Grande, subject to the following terms and conditions: a. LICENSEE shall submit plans and specifications for the STRUCTURE to the CITY; b. LICENSEE may not modify the STRUCTURE without written approval from the CITY. Any such modification shall comply with any and all instructions and guidance from CITY intended to prevent interference with or damage to the PROPERTY and improvements located therein; c. LICENSEE agrees to remove the STRUCTURE should CITY so request in order to gain access to the PROPERTY or conduct maintenance or Repair of facilities located within the PROPERTY, or to replace any such improvements; LICENSEE shall remove the STRUCTURE 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 STRUCTURE within the time frame specified by the CITY, CITY, in its sole discretion, may elect remove the STRUCTURE and any other encumbrances affecting the PROPERTY or improvements 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 PROPERTY of improvements located in the PROPERTY damaged as a result of or caused by, in whole or in part,the installation of the STRUCTURE within the PROPERTY. 3. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless the CITY, its officials, employees and agents, from and against any and all liability, loss, costs (including reasonable attorney fees),or claims for personal injuries or property damage arising out of this AGREEMENT or out of, in whole or in part, the construction, operation, maintenance, repair, or use of the STRUCTURE by LICENSEE, its agents, contractors, assignees, invitees, or successors in interest, of any kind. 4. Revocation. The CITY may immediately revoke this AGREEMENT without -----_-------==-=notice for-a-breach_of-orfailure-to-comply with any of the terms and conditions set forth herein; the CITY may revoke this AGREEMENT without cause upon thirty (30) days written notice to LICENSEE.Upon revocation,LICENSEE shall restore the PROPERTY to its original condition. 5. -Notice. Any notice which either party may desire to give to the other party under - this AGREEMENT must be in writing and may be given by personal service, delivery by a reputable document delivery service provider (such as but not limited to Federal Express), or by -United States mail-(USPS)—sent=Certified/Postage Prepaid/ Return Receipt Requested, and addressed_to_the-address_of the party as set forth below or at any other address as that party may later designate by written notice. To CITY: City of Arroyo Grande Attn: City Manager 300 East Branch Street Arroyo Grande, California 93420 With copy to: Timothy Carmel Carmel &Naccasha LLP 1410 Marsh Street San Luis Obispo, California 93401 To LICENSEE: Lot 1 Tract 3079 Rodeo Grace Investors 760 Mattie Road#A1 Pismo Beach, Ca 93449 6. Binding Effect. This AGREEMENT shall be binding upon the successors in interest to any kind to the property. 7. Attorney's Fees. 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 attorney fees. 8. Amendment. This AGREEMENT may not be amended or altered except by an instrument in writing executed by the CITY and the LICENSEE. 9. Partial Invalidity. Any provision of this AGREEMENT that is unenforceable or invalid or the inclusion of which would adversely affect the validity, legality, or enforcement of this AGREEMENT shall have no effect, but all remaining provisions of this AGREEMENT shall remain in full force. 10. Governing Law/Jurisdiction. The validity,meaning, and effect of this AGREEMENT shall be determined in accordance with California law. Jurisdiction for any action commenced regarding its terms of interpretations shall be in the state court of property jurisdiction for the County of San Luis Obispo. IN WITNESS WHEREOF,the parties have executed this agreement on the day and year first written above. CITY OF ARROYO GRANDE // / d i/// Whitney MO onal., City Manager ATTEST: J sica Matson City Clerk APPROVED AS TO FORM: Timo y J. Carmel, City Attorney PROPERTY OWNER: Q Rodeo Grace I estors,LLC i• EXHIBIT A-1 Grace Lane Private Drainage Easement Legal Description That portion of Grace Lane in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on Map Booky 1 , Page k9, recorded in the Office of the Recorder of said County, said portion of land being more particularly defined as follows: Being a strip of land 10.00 feet wide lying over the existing storm drain, lying symmetrically on each side of the following described centerline, Commencing at the intersection of Rodeo Court - and Rodeo Drive, as marked by a brass disk in monument well "LS 7035" per said Tract;thence North 17°13'37" West 69.79 feet,to a point on the northerly right of way of Rodeo Court per said Tract and to the True Point of Beginning,thence along the following 6 courses: 1. South 89°25'46" East 59.66 feet;thence, 2. South 86°08'06" East 84.34 feet;thence, 3. North 79°30'26" East 117.83 feet;thence, _ 4. North 87°26'40" East 76.71 feet; thence, 5. South 88°23'37" East 75.54 feet;thence, - 6. South 79°41'47' East 60.82 feet, more or less,to a point on the easterly right of way of Grace Lane and to the Point of Termination, said point bearing North 11030'07" East 88.72 feet from the intersection of Rodeo Drive and Grace Lane, as marked by a brass disk in monument well per 29 MB 15. - The sidelines of the above described strip of land shall extend or shorten to terminate at the described beginning and terminus boundaries. As shown on Exhibit A-2 and made part hereof. END OF DESCRIPTION February 9, 2021SF,o ��D so �� QPM L.1?<,` LF;O )Lik—ail ecb. William L. Rebik * LS 7035 * LS 7035 *47( T 47(OF co, Page 1 of 1 POC TPOB BRASS DISK INS89'25'46"E MONUMENT WELD/ / 0,,\ 59.6 � - _ - - \ 6 __ , _ "LS 7035" PER TRACT 3079 �,tiAi�, \\\ N 4\/0/ .4' \\\\ �R \ \\ N PRIVATE \ S86'OS'O6"E DRAINAGE \\Vc-84.34' \ \ EASEMENT PER TRACT R=330.00' \ 3079\ \\\\ \1 LOT 7 \\ / D=1'37'47" \ \ \ \\ TRACT 3079 L=9.39' \ \ \ �\/ / ��_ - - /�, \ A \ / \ \ItA \' ( \\\\ N79'30'26"E tom,\CP". \\ \\ 17.83' \ 1130.�, \ \\\ / \ \\ \ \\ / LOT 6 \ \\\\ TRACT 3079 \\\ \\ \\\ 13 \ \ \ \\ \ / `\\�\\ \ \ O<� _ __N87�26'40"-E--- -:- -- - -- \\\ - - \ \ \N\ 76.71' 15' OFFER OF 0 \ \� DEDIATIONFOR NN \ \ CONSTRUCTION\ SLOPE \ \ \N \\\\\ EASEMENT PER \ \\ \ TRACT 3079 \ \ \ \ �\J\ S88'23'37"E- - - - \ \ \ \ \AT75.54'_ - - - - \ OFFER OF DEDICATION \ \ \ TO THE CITY OF ( ARROYO GRANDE \ \\ %�'vp , PER TRACT 3079 \ 0��j" \ \ \1�\ S79'41'47"E \ \ \ T-60.82' \ v3;\ \ ..••• \ 0. \ 4 , \ , Is _---- _-c-, 0 25 50 BRASS DISK IN 111�30 O`Z\u" POINT OF MONUMENT WELL aa12 TERMINATION SCALE: 1"=50' PER 29 MB 15 JOB NO: 14-505 EXHIBIT A-2 GARING, TAYLOR & ASSOCIATES, INC, DATE: 2/9/2021 TRACT 3079 CIVIL ENGINEERS SURVEYORS PLANNERS PAGE 1 OF 1 ARROYO GRANDE, CA 141 SOUTH ELM STREET • ARROYO GRANDE, CA 93420 • (805) 489-1321 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C�•_L�C�C..-�.Y_.-�.'Y_s�i�t!at��Y_cit�t�t�t��C�t_c�i�t�t�t_cat_cat_:�Cs�t_�t...�C_-�.������.Y.sa"J_-a•_a s�C_c�•_c.•_caC��t�C�t_a•. 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(C/Y) 14))..S COT a ) I On Jja/4in, � , 2. 2'2-01)2-01) before me,� , l{ � � .�).cSe Q K-( Date Lb re Insert Name and Title of the Officer personally appeared 'K)libl . ("4-1n I�c(7 n 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 entityuponbehalf 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. � SHELLY DENISE DALTON - WITNESS my hand and official seal.- - -- - -- W� ��� Notary Public-California 11�; San Luis Obispo County z s._ q.F p' • Commission#2312836 Signature My Comm.Expires Nov 17,2023 g Signature of Notary Public Place Notary Seal Above OPTIONAL - Though-this:section is 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: Document Date: 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): --1=1 Partner Partner — ❑Limited ❑General ❑Partner — ❑Limited ❑General ❑Individual ❑Attorney in Fact ❑Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee .❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: L4�%4'+/4C✓,4Ci4C+�4'+/4v4'y.'�/•y4"✓."y4"✓5"e+4-.v"y4"✓.'✓•y4� yi.�✓.ti✓:y4C✓G�✓4�4�4�.4'.v4�,4'✓4'e.-.vc'e�4'ei.'✓4'r�"y"✓"✓4"✓4"a+.�y'.vy'.vy" ©2016 National.Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 END OF DOCUMENT