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Home My WebLink About2024-017151 2024017151 Elaina Cana San Luis Obispo - County Clerk-Recorder 06/27/2024 02:22 PM Recorded at the request of PUBLIC Recording requested by: Titles: 1 Pages: 10 Hamner, 0.00 Jewell&Associates Fees: $$0.0 Taxes: 0.00 Total: $0.00 When recorded, return to: 11111i2g1fraciarall City of Arroyo Grande Attn: City Clerk 300 E. Branch Street Arroyo Grande, CA 93420 ii1 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: 007-482-006 TEMPORARY CONSTRUCTION EASEMENT DEED (Traffic Way Bridge Project) For a valuable consideration,receipt of which is hereby acknowledged, Lan-Vest Limited, and Pacific Fuel Group,LLC, a California limited liability company 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 easement for construction purposes, including the right to access, traverse with construction vehicles and equipment, 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 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 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 (the "Commencement Date"), and shall automatically terminate upon completion of the Project, or thirty-six(36)months following the Commencement Date,whichever occurs first. APN:007-482-006 City of Arroyo Grande/Traffic Way Bridge/Pacific Fuel-Lan-Vest/Deed TCE 5-22-2024 1 , 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, UWe, 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 3 u Kc. 20 , 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 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: e—e Gayle ano Executive Trustee By:_, ,..e..j2as„,kattmeli6— Gene Saruwatari Executive Trustee By: Ray S watari Executive Trustee APN:007-482-006 City of Arroyo Grande/Traffic Way Bridge/Pacific Fuel-Lan-Vest/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 PC1 iJU.IS D'Si5Qo On J LC Iv2 401,7-00/-4 before me, J �. i tx..L {�-at4V-i VAS , 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. =°T JULIE A.HAWKINS WITNESS myhand and official seal. `� "��' W >.o.;,,.. ;.. Notary Public•California I ;; ��•. San Luis Obispo County '.lit'+ Commission#2483897 ,.0a•' My Comm.Expires Mar 5,2028 Signature `it A,W LtY (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 S�$,1 iALIS t iSfb I On 30.1%-e. 1O at�1-L1 before me, V t& t30.1%-e. O iu�i'tkC , 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. •O,-•„ JULIE A.HAWKINS 4 ....y wF WITNESS my hand and official seal. W` y,. Notary Public-California ::--•-zl.,_; San Luis Obispo County .��';j,+'+ Commission#2483897 •L,a ' My Comm.Expires Mar 5,2028 I . Signatur .1 , __', t,w: ' (Seal) APN:007-482-006 City of Arroyo Grande/Traffic Way Bridge/Pacific Fuel-Lan-Vest/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 CAN 61.1.IS()Bab On Ju,� go, o2DJLf before me, ti.j \(x r,lhS , 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. `r JULIE A.HAWKINS WITNESS my hand and official seal. a. Notary Public•Caiifernia ti" , San Luis Obispo County g i- Commission N 2483897 'Loci My Comm.Expires Mar 5,2028 Signature 1,L,1+Aatok.4 IP (Seal) APN:007-482-006 City of Arroyo Grande/Traffic Way Bridge/Pacific Fuel-Lan-Vest/Deed TCE 5-22-2024 4 Pacific Fuel Group, L . ifornia limited liability Farhad Ghadooshahy Chief Financial Officer 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 of6 jLf y,,/ie S On G(o/c29 /aO before me, (LSa'1 &S& '..'(- , Notary Public,personally appeared Farhad Ghadooshahy,who proved tome 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. CHRISTIANA GIFFORD Signature LOt. (Seal) ��;� 'NotaryPubiic-California z • -- ^ Los Angeles County 1:-',41:t? Commission#2334220 sMy Comm.Expires Sep 24,2024 APN: 007-482-006 City of Arroyo Grande/Traffic Way Bridge/Pacific Fuel-Lan-Vest/Deed TCE 5-22-2024 5 Pacific Fuel Group, LLC, a aliforni. limited liability i� By: �•� Far .n Ghad.oshahy P •sident 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 Cal}}'f?rnia nom, County of L !T!U 5 3 eLES On J v ne. DZ VW(/ before me, Ci I/i , Notary Public,personally appeared Farzan Ghadooshahy,who proved to me on the basis of satisfactory evidence to be the person('whose name(s)fis/ e" ubscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hrzAheir authorized capacity(iest and that by his/her/their signatures 'on the instrument the person 4, 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. ELISE L. RICKS ^ r Sign. re leo".!�`ap� (Seal) o ��-- COMM. #2470534 z • Notary Public•California Z c Los Angeles County o 1 _ M�Comm.Expires Nov.10,20271 APN:007-482-006 City of Arroyo Grande/Traffic Way Bridge/Pacific Fuel-Lan-Vest/Deed TCE 5-22-2024 6 CERTIFICATE OF ACCEPTANCE This Certificate of Acceptance pertains to the interests in real property conveyed by the Temporary Construction Easement Deed dated Jure ZuuJ to which this Certificate of Acceptance is attached, from Lan-Vest Limited and Pacific Fuel Group, LLC, a California limited liability company 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 Dated: Ju �, Z.0 Z`I By: Matthew Downing City Manager ATTEST: � • L floes 'Ay Clerk APN:007-482-006 City of Arroyo Grande/Traffic Way Bridge/Pacific Fuel-Lan-Vest/Deed TCE 5-22-2024 7 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 MAY 19, 1954 AS DOCUMENT VOL 757, PAGE 241 OFFICIAL RECORDS IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, THE DESCRIBED PROPERTY IS ALSO SHOWN ON RECORD OF SURVEY, BOOK 42, PAGE 74 OF OFFICIAL RECORDS, IN SAID COUNTY OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT OF THE EASTERLY RIGHT-OF-WAY OF STATE HIGHWAY 101 PER CALTRANS RIGHT-OF-WAY MAP, 05-SLO-101, P.M. 00-12.95, DISTRICT 5, DIVISIONS OF HIGHWAYS AND AT THE SOUTHERLY PROPERTY CORNER OF SAID GRANT DEED, ALSO BEING A SET 1" I.P. W/ PLASTIC PLUG STAMPED"SAN LUIS ENGR" PER SAID RECORD OF SURVEY,AND THE POINT OF BEGINNING; THENCE, NORTH 33°19'00"WEST A DISTANCE OF 350.04 FEET ALONG THE EASTERLY BOUNDARY OF SAID DEED; THENCE, LEAVING SAID EASTERLY BOUNDARY NORTH 59°46'20"WEST A DISTANCE OF 65.14 FEET; THENCE, NORTH 30°13'40" EAST A DISTANCE OF 32.75 FEET TO A POINT ON SAID EASTERLY BOUNDARY; THENCE, NORTH 32°56'54" WEST A.DISTANCE OF 5.51 FEET ALONG SAID EASTERLY BOUNDARY ALSO BEING A POINT ON THE EASTERLY BOUNDARY OF LOT 12, MAP OF LOWE'S ADDITION PER BOOK B, PAGE 008 OF MAP BOOKS OF OFFICIAL RECORDS IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA; THENCE, LEAVING SAID EASTERLY BOUNDARY OF LOT 12 SOUTH 56°52'06" WEST.A DISTANCE OF 69.94 FEET ALONG THE SOUTHERLY BOUNDARY DESCRIBED IN THAT CERTAIN GRANT DEED RECORDED APRIL 21,2023 AS DOCUMENT#2023010997 OFFICIAL RECORDS IN THE CITY OF ARROYO GRANDE,COUNTY OF SAN LUIS OBISPO; THENCE, LEAVING SAID SOUTHERLY BOUNDARY NORTH 32°59'34" WEST A DISTANCE OF 4.17' FEET ALONG THE WESTERLY BOUNDARY OF SAID GRANT DEED; THENCE, LEAVING SAID WESTERLY BOUNDARY OF SAID GRANT DEED SOUTH 30°13'40"WEST A DISTANCE OF 142.93' FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY OF STATE HIGHWAY 101; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY OF HIGHWAY 101 SOUTH 61°28'01" WEST, A DISTANCE OF 418.71 FEET TO THE TRUE POINT OF BEGINNING; Page 1 of 1 • CONTAINING 100 ACRES OR 43,616.6 SQUARE FEET MORE OR LESS AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND REFRENCE MADE A PART HEREOF. END OF DESCRIPTION r' '— t l 4111P - Jeffr . •o ��\oNPL LANA SG9 p 4 c.G JEFFREY G. O a ZAMBO 77 * No.9210 N� �Q 9\s„,......, �FOF CAL,FOP Page 2 of 1 J . 1 EXHIBIT"B" "TEMPORARY CONSTRUCTION EASEMENT007-482-018 " \ COYOTE I � \ 007-482-026 007-482-006 I HANSEN PACIFIC N 32'59'34" W 4.17' S 56'52'06" W 69.94' \ 9� �;� N 32'56'54" W 5.51' \ 1�1��11111111111-� r .,11111111 1�� 1�11111111111114 N 30'13'40" E 32.751 �� `i i V. 111 1111 � ,'dg*11111111�11�1.11.11�1� 1�1111111111111111111111♦k N 59'46'20" W 65.14' �1�1111�1111�111111j11111111111�,. W.S000000040.0 111111111111111111 11111111114 \�1111111 TCE: 43, ��1i_1�1i_1�1i_1,.1111114 1.00 ACRES W......................4.4."4 1 11�111111111111111j1."1 ♦ 1♦ ♦ 1111111j11 1111111111/11111111, 11111 1 007-482-025 11111HANSEN 111111111111111�111111V101010•7* 1111111111111 G2 0,l � 11111� oo *11111111 .11111111111 �p`111•♦1111:1111; W .111111111111110 11110A .111111111 .11111111j \ `�:1�1•11 j14 � 1111111� \ 111111, .V*" 11 tip, 1 \ 1j\ t•A POINT OF BEGINNING Ns. c 0 (--;11,L 9G JEFFREY G. F0 2AMBO• 70 r NNo.921, - * EXHIBIT'B' ��F//a Q� TEMPORARY CONSTRUCTION EASEMENT -.1 CAI- ‘ C) APN 007-482-006 PACIFICPROJ. MGR: JZ NO, REV. ti DRAFTED BY: DW 1 0 DATE: 02/08/24 (SCALE: 1"=60' END OF DOCUMENT