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Home My WebLink About2024-017150 2024017150 Elaina Cano San Luis Obispo — County Clerk—Recorder 06/27/2024 02:22 PM Recorded at the request of PUBLIC Recording requested by: Titles: 1 Pages: 8 Hamner, Jewell&Associates Fees: $0.00 Taxes: 0.00 Total: $0.00 When recorded, return to: IIII g I Shik ��'I III City of Arroyo Grande Attn: City Clerk 300.E.Branch Street Arroyo Grande, CA 93420 _ :. 07.)1170. iL 'i 1: iU��`ln ri ij 1 to 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: 006-311-067 TEMPORARY CONSTRUCTION EASEMENT DEED (Traffic Way Bridge Project) For a valuable consideration, receipt of which is hereby acknowledged, Lan-Vest Limited; and Adam Hideo Saruwatari,Trustee of the Adam Hideo Saruwatari Revocable Trust dated October 18, 2021, as tenants in common (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 ingress and egress easement for construction purposes, including the right to access, traverse with construction vehicles and equipment,modify fencing and access gates, and including the right, but not the obligation, to improve the surface of the easement as deemed necessary by City to facilitate use of the easement for construction access and 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 Exhibit "B" attached hereto and incorporated herein (the "Temporary Construction Easement Area"). This Temporary Construction Easement includes the right to enter upon and to pass and repass over and along said Temporary Construction Easement Area and to trim, cut and clear away or otherwise control any tree or brush, and to deposit road base or 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. APN:006-311-067 City of Arroyo Grande/Traffic Way Bridge/Lan-Vest-Saruwatari/Deed-TCE 5-22-2024 1 This Temporary Construction Easement shall commence on August 1, 2024 (the "Commencement Date"), and shall automatically terminate upon completion of the Project, or thirty-six(36)months following the Commencement Date,,whichever occurs first. Upon completion of Project construction, the Temporary Construction Easement Area shall be restored by City to the 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. The terms and conditions of this Temporary Construction Easement Deed are subject to that certain Temporary Construction Easement Agreement dated Ju U E. 2 0 , 2024 ("Agreement"). In the event of any inconsistency between the terms of this Temporary Construction Easement Deed and the Agreement,the terms and conditions of the Agreement shall take precedence. This Temporary Construction Easement Deed may be executed in counterparts, each of which so executed shall irrespective of the date of its execution and delivery be deemed an original, and all such counterparts together shall constitute one and the same document. Any modifications to this temporary construction easement must be in writing and signed by the parties. GRANTOR: - Lan-Vest Limited By: Gayle ano Executive Trustee By: aL Gene Saruwatari Executive Trustee By: Lae*/ Ray S uwatari Executive Trustee APN:006-311-067 City of Arroyo Grande/Traffic Way Bridge/Lan-Vest-Saruwatari/Deed-TCE 5-22-2024 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 Sf IA&LS OBISPO v On j 600`1 Q3� before me, J(A.1& Cu 'wrGi , Notary Public,personally appeared Gayle Nakano,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. :,:iiix,:,,: JIiLIE A.HAWKINS . ' '� Nota Public•California WITNESS my hand and official seal. i w: - San Luis Obispo County I .-4:440!•• Commission N 1483897 'i,•••" My Comm.Expires Mar 5,2028 Signature G..7,VA' (Seal) 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 SA,1:1 IAX.&S bt3l c13 On j byti¢. 8.O( a before me, J I.t.,Lc k IA ct ti k..'ttiS , Notary Public, personally appeared Gene Saruwatari,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. *•,, JLLIE A.HAWKINS �`� = Notary Public-California : :; -r. San Luis Obispo County . �-, Commission#2483897 Signature Aaw��l (Seal) . "�. My Comm.Expires Mar 5,2028 APN:006-311-067 City of Arroyo Grande/Traffic Way Bridge/Lan-Vest-Saruwatari/Deed-TCE 5-22-2024 3 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 R1\1 IAAAS D% iSpo ' 1 On �1 b� ZO, 0a1 before me, i,.l c,a. Ccsk-i K , Notary Public, personally appeared Ray Saruwatari, 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. �.,�- ' rti JULIE A.HAWKINS WITNESS my hand and official seal. 1 Notary Public-California _: San Luis Obispo County is ireos'+ Commission#2483897 1- ••• MyComm.Expires Mar 5,2028 Signature w (Seal) APN:006-311-067 City of Arroyo Grande/Traffic Way Bridge/Lan-Vest-Saruwatari/Deed-TCE 5-22-2024 4 Adam Hideo Saruwatari, Trustee of the Adam Hideo Saruwatari Revocable Trust dated October 18, 2021, as tenants in common ! r B '^ Adam Hideo Saruwatari 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.3q.h Lu i S Ob i S po I ✓' I On J UAL. ow ,-a D a-q before me, V 1 "'e naw l�i.v�5 , NC* irb P(449/4C, Notary Public, personally appeared Adam Hideo Saruwatari, who proved to me on theasis 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, executedthe 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. JULIE A.HAWKINS r. Notary Public-California lli _a San Luis Obispo County g ' I 'j k' Commission#143897 Signature • 4 6t.wN-i (Seal) g'•' My Comm.Expires Mar 5,2028 APN:006-311-067 City of Arroyo Grande/Traffic Way Bridge/Lan-Vest-Saruwatari/Deed-TCE 5-22-2024 5 CERTIFICATE OF ACCEPTANCE This Certificate of Acceptance pertains to the interests in real property conveyed by the Temporary Construction Easement Deed dated j v v� 201 Jo Zi,{ to which this Certificate of Acceptance is attached,from Lan-Vest Limited;and Adam Hideo Saruwatari,Trustee of the Adam Hideo Saruwatari Revocable Trust dated October 18, 2021, as tenants in common (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 �/ Ji Dated: u 24, W z`{ . By. Matthew Downing City Manager ATTEST: c):_x_ . lty Clerk APN:006-311-067 City of Arroyo Grande/Traffic Way Bridge/Lan-Vest-Saruwatari/Deed-TCE 5-22-2024 6 EXHIBIT "A" LEGAL DESCRIPTION A STRIP OF LAND 32 FEET WIDE, BEING 16 FEET ON EITHER SIDE OF THE CENTERLINE, SAID CENTERLINE BEING A PORTION OF LOT 104 OF PARTS 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 MAY 19, 1954 AS DOCUMENT VOL 757, PAGE 241 OFFICIAL RECORDS IN THE CITY OF ARROYO GRANDE,COUNTY OF SAN LUIS OBISPO, SATE OF CALIFORNIA,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF THE EASTERLY BOUNDARY AND SAID GRANT DEED, A POINT ON THE WESTERLY BOUNDARY OF STATE HIGHWAY 101 PER CALTRANS RIGHT-OF-WAY MAP, 05-SLO-101, P.M. 00-13.696, DISTRICT 5, DIVISIONS OF HIGHWAYS THENCE SOUTH 58°24'53" WEST A DISTANCE OF 15:68 FEET ALSO BEING A POINT ON THE NORTH EAST CORNER OF DOHI PROPERTY IN THAT CERTAIN GRANT DEED RECORDED AUGUST 24, 1954 AS DOCUMENT VOL 769, PAGE 405 OFFICIAL RECORDS IN THE CITY OF ARROYO GRANDE,COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,A FOUND 5/8 INCH REBAR AND CAP LS9210 BEING THE POINT OF BEGINNING; THENCE, NORTH 52°41'56" WEST, A DISTANCE OF 214.69 FEET, ALSO PARALLEL OF THE SAID WESTERLY OF STATE HIGHWAY 101; THENCE, SOUTH 60°29'57"WEST,A DISTANCE OF 385.47 FEET; THENCE, NORTH 65°06'20"WEST,A DISTANCE OF 355.53 FEET; THENCE, NORTH 49°21'02" EAST,A DISTANCE OF 390.35 FEET,TO A POINT OF SAID WESTERLY RIGHT-OF- WAY OF STATE HIGHWAY 101 AND THE POINT OF TERMINUS SAID POINT BEING SOUTH 66°19'18" EAST A DISTANCE OF 154.41 FEET, TO AN ANGLE POINT ON SAID WESTERLY RIGHT-OF-WAY OF STATE HIGHWAY 101, STATION 690+00, LEFT 96 FEET,A FOUND 6X6" CHC MONUMENT; THE SIDE LINES OF SAID STRIP TO BE SHORTENED OR LENGTHENED TO TERMINATE AT A POINT SAID WESTERLY OF RIGHT-OF-WAY OF STATE HIGHWAY 101; CONTAINING 0.99 ACRES OR 43,073.4 SQUARE FEET MORE OR LESS AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND REFRENCE MADE A PART HEREOF. END OF DESCRIPTION opI.LAND cc JEFFREY G. o� Jeffrey Zambo Date: a ZAMBO No.9210 -9jcOp e y-, 1 EXHIBIT"B" "TEMPORARY CONSTRUCTION EASEMENT" \ \ \ \ \ POINT OF TERMINUS �� 011A \ 1,1 E 390.,„1, ...-1.046741"---- ♦ ��1`A _ '-`412-166- 4-44411t.°-a \ ♦�♦ 2 \ *& , TCE: 43,073.4 SF \\ y �'y�y \ Ve♦ 0.99 ACRES p c < ti Go \ --5- - s ♦ oG‘S6%. ib, 006-311-067 p`' SARUWATARI \ U �. \ Li",411ipl. .r♦4144� A MA OA ri!PAM S 60'29'57" W 385&;47'A 144wAt-A I"--ei 1.14:176:##A apt. �°`ria'" ,006-311-067 . . 0:1,5,1,4. �` SARUWATARI c,'', •POINT OF BEGINNING 4 �4, sy FS 58'24'53" W 17.15' I I POINT OF COMMENCEMENT op,L LAND 6, 006-311-056 O4- 1/ DOH( a JEFFREY G. ZAMBO NNo.921I * A. EXHIBIT•B' '?„). ) P TEMPORARY CONSTRUCTION EASEMENT ,•d CAI..‘ APN 006-311-067 SARUWATARI PROJ. MGR: JZ NO. REV. DRAFTED BY: DW 1 0 DATE: 02/08/24 (SCALE: 1"=100' END OF DOCUMENT