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Home My WebLink About2024-013085 2024013085 Elaine Cane Recording requested by: 05/16/ 2024609:40—AM �u�ty Clerk—Recorder Hamner, Jewell &Associates PUBLICd at the request of Titles: 2 Pages: 5 When recorded, return to: Fees: $0,00 City of Arroyo Grande Taxes: 0.00 3 Total: $0.00 Attn: City Clerk W,,� 1III I■,� 300 E.Branch Street o ��,•'� ,� t' r r Arroyo Grande, CA 93420 LL� 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: 007-481-008 TEMPORARY CONSTRUCTION EASEMENT DEED (Traffic Way Bridge Project—Creek Lands) For a valuable consideration,receipt of which is hereby acknowledged, Freitas Rentals 3,L.P., a California limited partnership (hereinafter referred to 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 Exhibit "A" and depicted in "B" attached hereto and incorporated herein (the "Temporary Construction Easement Area"). Together with the right to enter upon and to pass 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: 007-481-008 City of Arroyo Grande/Traffic Way Bridge/Freitas/Deed-TCE 1 Upon completion of Project construction, the Temporary Construction Easement Area shall be generally restored by City to a comparable condition as that which 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: Freitas Rentals 3,L.P., a California limited partnership By Freitas GP 3 &4,LLC, its General Partner By: a� Daniel S. Freitas Its 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 1i l a-v- On Apr i 13 zo2_9. before me, IO-rl a- M . Ccuty-1 , Notary Public,personally appeared Daniel S. Freitas,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. DANA M.CAMARA Notary Public•California y'-'� •� Tulare County i' Commission#2329112 �. Cagliari i0-•(Seal) 1O' My Comm.Expires Jun 24,2024 Signator G+�ct- APN: 007-481-008 City of Arroyo Grande/Traffic Way Bridge/Freitas/Deed-TCE 2 CERTIFICATE OF ACCEPTANCE This Certificate of Acceptance pertains to the interests in real property conveyed by the Temporary Construction Easement Deed dated Aprr l 3, 2-0 Ly to which this Certificate of Acceptance is attached, from Freitas Rentals 3,L.P.,a California limited partnership ("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 Dated: ,51/#7/ZO Z qBy: Matthew Downing City Manager • FEST a:r'Fpr —• ,y, k • s 114 APN: 007-481-008 City of Arroyo Grande/Traffic Way Bridge/Freitas/Deed-TCE 3 EXHIBIT "A" LEGAL.DESCRIPTION A PORTION OF LAND OF LOT 1 OF THE LOWE'S ADDTION, IN THE CITY OF ARROYO GRANDE,COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,ACCORDING TO MAP RECORDED JUNE 8,1906 IN BOOK B,PAGE 8 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST CORNER OF SAID LOT 1,ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY OF WEST BRANCH STREET AS SHOWN ON SAID LOWE'S ADDITION,THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY ALONG THE WESTERLY BOUNDARY OF SAID LOT 1 SOUTH 31°36'05" EAST A DISTANCE OF 129.98 FEET TO A POINT OF INTERSECTION AT THE EASTERLY RIGHT OF WAY OF TRAFFIC WAY AS SHOWN ON 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, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY TO THE POINT OF BEGINNING; THENCE, ALONG SAID EASTERLY RIGHT OF WAY LINE OF TRAFFIC WAY, ALONG THE ARC OF A 1,850.00 FOOT CURVE, HAVING A RADIAL BEARING NORTH 14°39'51" EAST, CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 02°26'35",AN ARC DISTANCE OF 78.88 FEET TO A POINT OF INTERSECTION ON SAID RIGHT OF WAY HAVING A RADIAL BEARING NORTH 17°06'25" EAST; THENCE, LEAVING SAID EASTERLY RIGHT OF WAY LINE OF TRAFFIC WAY ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 1 NORTH 31°36'05"WEST A DISTANCE OF 49.26 FEET THENCE, LEAVING SAID EASTERLY BOUNDARY LINE OF LOT 1 SOUTH 67°51'37" WEST A DISTANCE OF 28.82 FEET; THENCE NORTH 75°37'11" WEST A DISTANCE OF 35.79 FEET TO A POINT OF INTERSECTION ON THE WESTERLY BOUNDARY OF LOT 1; THENCE ALONG SAID WESTERLY BOUNDARY LINE OF SAID LOT 1 SOUTH 31°36'05" EAST A DISTNACE OF 21.60 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.04 ACRES OR 1,559.1 SQUARE FEET MORE OR LESS AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND REFRENCE MADE A PART HEREOF. D OF DESCRIPTION (--- , oNPU LAI�psG� /4000°.... JEFFREY G. p.7c:' ZAMBO •" NO.9210 Jeffrey Zamb• 9FO �OP� �CP,1 . Page 1 of 1 EXHIBIT"B" "TEMPORARY CONSTRUCTION EASEMENT" IPi BR I )11)---'..------ -... POINT OF li �c''ST COMMENCEMENT 007-481-009 u, I I FERNANDES w_ I w I 5';I I r^ I 007-481-008 — FREITAS N (0 t0 \ • I I I 007-481-007 1 N 75'3711 W PEARL ., 35.79' \ S 6T51'37" W POINT OF - \ 28.82' BEGINNINGI .. .- - I r 47 .4;\ lirisi'' . . .4. - .0,. .2. *Agri z e, c?).„ _4 ow st. at soo e c) J. TCE: 1,559.1 SF - 11 7 'py�� 0.04 ACRES 'C etc, \ )\ \ �9� \ �o��l \ \ \ 7::;p3.LA/moo AJEFFREY G. 7 �' ti'`� ZAMBQ ??,,, -- w ww * N0.921 r;:' F.: '6.- EXHIBIT"B" 12., / Q TEMPORARY CONSTRUCTION EASEMENT o+/iOI APN 07-4 1-006 FREITAe EN13 OF DOCUMENT PROJ. MGR:-- - - JZ NO. REV. DRAFTED BY: DW 1 1 DATE; 03/28/24 (SCALE: . 1"=30'