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HomeMy WebLinkAbout2024-013086 2024013086 Elaina Cano San Luis Obispo - County Clerk-Recorder 05/16/2024 09:40 AM Recording requested by: Recorded at the request of Hamner, Jewell&Associates PUBLIC Titles: 2 Pages: 5 Fees: $0.00 When recorded, return to: Taxes: $0.00 City of Arroyo Grande Total: 0.00 Attn: City Clerk 'III VI. I I WJ6 'III'11111 300 E.Branch Street a f Till' fly Arroyo Grande, CA 93420 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: 007-481-007 TEMPORARY CONSTRUCTION EASEMENT DEED (Traffic Way Bridge Project—Creek Lands) For a valuable consideration, receipt of which is hereby acknowledged, Pearl I. Cole, Trustee of the Pearl I. Cole Family Trust, dated May 31, 2002 (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:007-481-007 City of Arroyo Grande/Traffic Way Bridge/Cole/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 topass 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: Pearl I. Cole, Trustee of the Pearl I. Cole Family Trust, dated May 31,2002 \.\./07 By: :22��_a___, ,U, i,---0-e--- Pearl I. Cole Trustee 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 S Om L 1.Lr O! fid a On rt,r6 I g, 2.0z`1 before me, J T lcisakvic c► , Notary Public, personally appeared Pearl I. Cole, 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. �•>>� 1T KATAWCH .. Notarypublic.California = I *y ' San Luis Obispo County ! � L4WØ Commission#2427701 Signature U ( eal) " My Comm.Expires Nov 22,2026 APN:007-481-007 City of Arroyo Grande/Traffic Way Bridge/Cole/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 M arcti t8',2024 to which this Certificate of Acceptance is attached, from Pearl I. Cole, Trustee of the Pearl I. Cole Family Trust, dated May 31, 2002 (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 AIM f Dated: 5/�"�-/zoa`1 By: - Matthew Downing City Manager ,,,c1:Frur:/iii., - ‘`‘' ATTES P • k• •• E r'y ' !Clerk APN:007-481-007 City of Arroyo Grande/Traffic Way Bridge/Cole/Deed-TCE 3 EXHIBIT "A" LEGAL DESCRIPTION A PORTION 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 AS DOCUMENT VOL 1681, PAGE 454 OFFICIAL RECORDS IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST CORNER OF SAID GRANT DEED, 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 GRANT DEED SOUTH 31°36'05" EAST A DISTANCE OF 115.99 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY BOUNDARY OF SAID GRANT DEED SOUTH 31°36'05" EAST A DISTANCE OF 4926 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; 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 17°06'25" EAST, CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 02°24'04",AN ARC DISTANCE OF 77.53 FEET TO A POINT OF INTERSECTION ON SAID RIGHT OF WAY HAVING A RADIAL BEARING NORTH 19°30'30" EAST; THENCE, LEAVING SAID EASTERLY RIGHT OF WAY LINE OF TRAFFIC WAY ALONG THE EASTERLY BOUNDARY LINE OF SAID GRANT DEED NORTH 31°36'05"WEST A DISTANCE OF 39.21 FEET THENCE, LEAVING SAID EASTERLY BOUNDARY LINE OF SAID GRANT DEED NORTH 67°20'58" WEST A DISTANCE OF 85.46 FEET TO A POINT ON THE WESTERLY BOUNDARY OF SAID GRANT DEED ALSO BEING THE TRUE POINT OF BEGINNING; CONTAINING 0.05 ACRES OR 2,187.4 SQUARE FEET MORE OR LESS AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND REFRENCE MADE A PART HEREOF. END OF DESCRIPTION 7 . ., . ) ..i. t V Je rey Zambo =_•- n opl.LAND S4 �<cco -* * N �� Page 1 of 1 sOF CA``FO • EXHIBIT"B" "TEMPORARY CONSTRUCTION EASEMENT" 1 I \ � POINT OF W. BRANCH ST. I COMMENCEMENT 1 cn 1 1 wGI — — 007-481-008 I m FREITAS `r_ 1 �Y `D 007-481-007 I 1 PEARL \ 1 eoMpttit. \ kgs,sot- , D,dsss�' POINT OF 1 / 'Z` BEGINNING i 1 >, \ a . . s I x•(Co ' `�G 007-481-007 � cn 6'� VENTURES '9 rn P O, 4Crji 1 ICE: 2,187.4 SF \ \ ♦ 0.05 ACRES *A h ��10`° \ % gA: _ _ `�O 'P ��>2rr ,5,0 ,5c„. , .0o \ ♦ N 31'36'05" W 39.21' \ 1 007-481-011 KALOOSIAN `�0 1�0 c 0 (c\;r4,LANA sG41 *443 4 JEFFREY G. 3 7 \ * ZAMBO 3 CP No.921 I // EXHIBIT"B' F /J'i, i ,C1 TEMPORARY CONSTRUCTION EASEMENT ‘•,•f! CAI-% APN 007-481-007 ! PEARL PROJ. MGR: JZ NO. REV. C DRAFTED BY: DW 0 CUD or DOCUMG""" 02/08/24 (SCALE: 1"=30'