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HomeMy WebLinkAbout2024-013084 • 2024013084 Recording requested by: E l a i na Cane San Luis Obispo — County Clerk—Recorder Hamner, Jewell &Associates 05/16/2024 09:40 All Recorded at the request of PUBLIC When recorded,return to: Titles: 2 Pages: 8 City of Arroyo Grande °a Fees: $0.00 Attn: City Clerk W: Taxes: $0.00 u. Total: $0.00 300 E. Branch Street ° IIIHIRM1010104111111 Arroyo Grande, CA 93420 `" rz Exempt from the$75 Building and Jobs Act Fee per Gov't Code§27388.1(2)(D)Public Agency No fee pursuant to Government Code§6103 No Documentary Transfer Tax per R&T Code§11922 No Recording Fee per Government Code§27383 APN:.007-482-018,-020 TEMPORARY CONSTRUCTION EASEMENT DEED (Traffic Way Bridge Project—Creek Lands) For a valuable consideration,receipt of which is hereby acknowledged, A. Michael Lemos and Deborah J.P. Lemos, Trustees of the Lemos Family Trust dated November 13, 2019 (hereinafter referred to collectively as"Grantor"), hereby grants to the City of Arroyo Grande, a California municipal corporation(hereinafter referred to as "City"), a temporary easement for construction purposes, including the right to access, traverse with construction vehicles and equipment, pile earth thereon, store materials, supplies and equipment thereon, and utilize said Temporary Construction Easement for all other related activities and purposes in conjunction with the City of Arroyo Grande Traffic Way Bridge Replacement Project ("Project"), in, on, over, under, along, and across that certain property described in Exhibits "A" and "C" and depicted in Exhibits "B" and "D", attached hereto and incorporated herein (the "Temporary Construction Easement Area"). Together withtherighttoenter upon and topass and repass over and along said easement and to trim, cut and clear away or otherwise control any;tree or brush,to construct related easements and to deposit tools, implements and other materials thereon by said City, its officers,- agents and employees and by any contractor,their agents and employees engaged by said City,whenever and wherever necessary for the purposes set forth above. This Temporary Construction Easement shall commence on August 1, 2024, and shall automatically terminate upon completion of City's Project construction, or thirty six (36) months following the date of commencement, whichever occurs first. APN:007-482-018,-020 City of Arroyo Grande/Traffic Way Bridge/Lemos/Deed-TCE 1 Upon completion of Project construction, the Temporary Construction Easement Area shall be generally restored by City to the general condition that existed prior to construction, to the extent reasonably practical.Grantor acknowledges that vegetation removed for Project construction work will be restored with native vegetation in conformance with regulatory permitting requirements. By executing this Temporary Construction Easement Deed, to which exhibits are attached, I/We, as owner(s) of the land shown hereon, do hereby state that I/We am/are the only person(s)whose consent is necessary to pass clear title to said land. The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall bind the heirs,executors,administrators,assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above-described property. Any modifications to this temporary construction easement must be in writing and signed by the parties. GRANTOR: A.Michael Lemos and Deborah J.P. Lemos, Trustees of the Lemos Family Trust dated November ./2019 BY: � ✓/ . Mic ael Lemos Trustee By: // ;// ebor. s J.P. Le s Trustee APN:007-482-018,-020 City of Arroyo Grande/Traffic Way Bridge/Lemos/Deed-TCE 2 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 Scul Iti, BCc1rba f— On Ap n l 2, 20 21- before me, Monica C h u.4-b o n n e cc., , Notary Public,personally appeared A. Michael Lemos, 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 signatures(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 paragraph is true and correct. WITNESS my hand and official seal. 4.0,---OFkl r,.. MONICA CHARBONNEAU L.:‘,$4,-::,..-; Notary Public-California Z :ter 0? - Santa Barbara County V Commission;2372844 SignatureU./RW/20.---(Seal) -.L,... My Comm.Expires Aug 29,2025 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 3OJ1 Scut-bre, On Apr-i I 2 , 2024 before me, MOhiCC ChC.tvbon' euM , Notary Public,personally appeared Deborah J.P.Lemos,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 signatures(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 paragraph is true and correct. WITNESS my hand and official seal. ,.,,!,-.°P,' MONICA CHARBONNEAU C-- W Notary Public California Santa Barbara County Signatu - /i ' f (Seal) Z ,- ` , ` Commission#2372844 "k,.... My Comm.Expires Aug 29,2025 APN:007-482-018,-020 City of Arroyo Grande/Traffic Way Bridge/Lemos/Deed-TCE 3 CERTIFICATE OF ACCEPTANCE This Certificate of Acceptance pertains to the interests in real property conveyed by the Temporary Construction Easement Deed dated itA rt! 21 2ov-J' to which this Certificate of Acceptance is attached, from A. Michael Lemos and Deborah J.P. Lemos, Trustees of the Lemos Family Trust dated November 13, 2019 (collectively"Grantor"), to the City of Arroyo Grande, a California municipal corporation("Grantee"). Said Temporary Construction Easement Deed is hereby accepted by the undersigned officer on behalf of Grantee pursuant to authority conferred by the Grantee's governing body, and Grantee hereby consents to recordation of such Grant. City of Arroyo Grande, a California municipal corporation P jJ Dated 5//5-71e2.11By: Matthew Downing City Manager o 00 ATi,BS�`,r 9 r3 •• a Ia • • wsy "f l 'Clerk APN:007-482-018,-020 City of Arroyo Grande/Traffic Way Bridge/Lemos/Deed-TCE 4 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LAND OF LOT 104 OF THE RANCHO CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED APRIL 21, 2023 AS DOCUMENT #2023010997 OF OFFICIAL RECORDS IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID GRANT DEED, ALSO BEING A POINT ON THE WESTERLY BOUNDARY OF LOT 12, MAP OF LOWE'S ADDITION PER BOOK B, PAGE 008 OF MAP BOOKS OF OFFICIAL RECORDS IN THE CIY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND THE POINT OF BEGINNING; THENCE, NORTH 32°56'54" WEST A DISTANCE OF 39.31 FEET ALONG THE EASTERLY BOUNDARY OF SAID GRANT DEED AND ALONG THE WESTERLY BOUNDARY OF SAID LOT 12; THENCE, LEAVING SAID EASTERLY BOUNDARY OF SAID GRANT DEED SOUTH 30°13'36"WEST A DISTANCE OF 78.38 FEET TO A POINT THE WESTERLY BOUNDARY OF SAID GRANT DEED; THENCE, ALONG SAID WESTERLY BOUNDARY OF GRANT DEED SOUTH 32°59'34" EAST A DISTANCE OF 4.17 FEET TO THE SOUTHWEST CORNER OF SAID GRANT DEED; THENCE, LEAVING SAID WESTERLY BOUNDARY NORTH 56°52'06" EAST A DISTANCE OF 69.94 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.03 ACRES OR 1,520 SQUARE FEET MORE OR LESS AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND REFRENCE MADE A PART HEREOF. END OF DESCRIPTION I Jeffrey Zambo Date: �c`'�\oNP�LAIyosG9 cr JEFFREY G. o °- ZAMBO No.9210 Nom\ �e OF CAL\FOP age 1 of 1 EXHIBIT"B" "TEMPORARY CONSTRUCTION EASEMENT" - I I I I I I 007-482-018 COYOTE I I 007-482-026 HANSEN \ \ I S 30'13'36" W 78.38' I 4PA ::��.44 N 32'56'54" W 39.31' �-� \ S 32'59'34" E 4.17' \ POINT OF BEGINNING N 56'52'06" E 69.94' N ICE: 1,520 SF 0.03 ACRES I 007-482-006 \ PACIFIC I 007-482-025 \ I HANSEN y2 ti &_ \ IP"74 GAyO . G�o ti�,oy� 2Q,t \ I. \ zt, / • \ I Z'. S 4cON-LAND 6,, G 4 JEFFREY G. �" ZAMBQ No.921', // .Ai yl'q Q` EXHIBIT•11 TEMPORARY CONSTRUCTION EASEMENT 1 CAL1F� APN 007-482-018 �_/ COYOTE PROJ. MGR: JZ NO. REV. DRAFTED BY: DW 1 0 �� - `� DATE: 02/08/24 SCALE: 1"=60' IM X 1Q W 0 [QO Mt MNL O n Q O ml®RYrt i''''"�`IGs"T VS "" EXHIBIT " C" LEGAL DESCRIPTION A PORTION OF LAND OF PARCEL 1 OF PARCEL MAP AG 88-025 IN THE CITY OF ARROYO GRANDE,COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED DECEMBER 18, 1989 IN BOOK 46, PAGE 27 OF PARCEL MAPS WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH WEST CORNER OF SAID PARCEL 1, THENCE NORTH 58°02'46" EAST A DISTANCE OF 200.99 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL 1 TO THE POINT OF BEGINNING; THENCE, LEAVING SAID SOUTHERLY BOUNDARY NORTH 74°23'36"WEST A DISTANCE OF 50.91 FEET; THENCE, NORTH 31°28'11" WEST A DISTANCE OF 43.52 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF TRAFFIC WAY AS SHOWN SAID PARCEL MAP AG 88-025; THENCE,ALONG SAID WESTERLY RIGHT OF WAY LINE OF TRAFFIC WAY, ALONG THE ARC OF A 1,750.00 FOOT CURVE, HAVING A RADIAL BEARING NORTH 12°08'06" EAST, CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 03°41'44",AN ARC DISTANCE OF 112.87 FEET TO A POINT OF INTERSECTION ON SAID RIGHT OF WAY HAVING A RADIAL BEARING NORTH 15°49'50" EAST; THENCE, LEAVING SAID WESTERLY RIGHT OF WAY LINE OF TRAFFIC WAY SOUTH 58°02'46" WEST A DISTANCE OF 44.50 TO THE TRUE POINT OF BEGINNING; CONTAINING 0.06 ACRES OR 2,627.0 SQUARE FEET MORE OR LESS AND AS SHOWN ON EXHIBIT"D" ATTACHED HERETO AND REFRENCE MADE A PART HEREOF. END OF DESCRIPTION G � 4 Jeffrey Zambo Date: opt.LAiypo. .� a• JEFFREY G. ) ZAMBO �0 N No.9210 * Q' OF CA1-�FO,•r�` Page 1 of 1 EXHIBIT"0" "TEMPORARY CONSTRUCTION EASEMENT" \ \ I \ \ I_ I \ I I 007-482-003 \ \ \ COYOTE \ ,Oc. c 14)1 PARCEL 1 •Ob 1 C' I- 46/PM/27 11, \ kL'9 \ I \ I N 31'28'11" W 43.52' L•�� l .— — — — 4 <, -.6, \ •1. 007-482-020 *1.1�7;r' oo COYOTE N 74'23 36 W 50.91' �. �h0 \ A...4b4 lb.. ,<0 e \ _ _ - — N 58'02'46" E 200.99' \ . ICE: 2,628.7 SF :4\-- _POINT OF 0.06 ACRES S 58'02'46" W \ COMMENCEMENT POINT NOGG 44.50' BEGINNIN \ 007-482-026 \ HANSEN \ I I - \D�A1.LAND 4 F` .11J / ¢ JEFFREY G. w ics : 'f? Q': EXHIBIT"B' • CA1.\F� / TEMPORARY CONSTRUCTION EASEMENT S APN 07-48COYOTE2-020 PROJ. MGR: JZ NO. REV. _Da.A.FTED BY: DW 1 0 END OF PrItUME: 02/08/24 (SCALE: 1"=80'