Loading...
HomeMy WebLinkAbout2024-014218 2024014218 Elaina Cano San Luis Obispo — County Clerk—Recorder 05/29/2024 09:05 AM Recorded at the request of PUBLIC Recording requested by: Titles: 2 Pages: 6 Hamner,Jewell&Associates When recorded,return to: Fees: $0.00 Taxes: $0.00 Total: $0.00 tillCity of Arroyo Grande Attn: City Clerk 300 E. Branch Street Arroyo Grande, CA 93420 r.:.U'.'; FEE PAID EXEMPT IF 1J Exempt from the$75 Building and Jobs Act Fee per Gov't Code§27388.I(2)(D)Public Agency No fee pursuant to Govemment Code§6103 No Documentary Transfer Tax per R&T Code§ 11922 No Recording Fee per Government Code§27383 APN: 007-481-009 TEMPORARY CONSTRUCTION EASEMENT DEED (Traffic Way Bridge Project) For a valuable consideration,receipt of which is hereby acknowledged, Romel Fernandez and Mercedes Fernandez, husband and wife as joint tenants (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"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. 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. Upon completion of Project construction,the Temporary Construction Easement Area shall be generally restored by City to a comparable or better condition as that which existed prior to construction,to the extent reasonably practical. Grantor acknowledges that vegetation removed APN 007-481-009 City of Arroyo Grande/Traffic Way Bridge/Femandez/Deed TCE 1 • for Project construction work will be restored with native vegetation in conformance with regulatory permitting requirements.Existing driveway aprons, if any,will be restored by City upon completion of the Project, and access to Grantor's property will be maintained throughout project construction, subject only to short-term interruptions. Access may be subject to detour routes. 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. Any modifications to this temporary construction easement must be in writing and signed by the parties. GRANTOR: Romel Fernandez and Mercedes Fernandez, husband and wife as joint tenants Romel Fernandez Mer edes Fernandez d APN 007-481-009 City of Arroyo Grande/Traffic Way Bridge/Femandez/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 La ANIt7 e5 On Ma r before me, AK 130 V 67.4' , Notary Public,persdnally appeared Romel Fernandez,who proved to me on the basis of satisfactory evidence to be the person(,si whose name(s'J is/ate subscribed to the within instrument and acknowledged to me that he/ lad/they executed the same in his/her/the-cif authorized capacity(iss%, and that by his/hef/thEir signatures(on the instrument the person(', or the entity upon behalf of which the person(4 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. NARCISO MEZA Notary Public-California Los Angeles County Commission#2328270 Signature�� (Seal) �,.o.• My Comm.Expires May 15,z0z4 r 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 Califprnis A.^ County of L,() (!'ri 1 QS On NiAy L, ZA before me, \c 'LI SO Mw{ , Notary Public,personally appeared Mercedes Fernandez,who proved to me on the basis of satisfactory evidence to be the person(e) whose name(s)'is/ard subscribed to the within instrument and acknowledged to me that hts/she/they executed the same in h /her/their authorized capacity(ies), and that by hi's/her/their signatures(,s'f on the instrument the person(a); or the entity upon behalf of which the person()-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. NARCISOMEZA. Notary Public-California Signature /4/ ��y (Seal) _ 7 Los Angeles County Commission M 2328270 `' `My Comm.Expires May 15,2024 APN 007-481-009 City of Arroyo Grande/Traffic Way Bridge/Femandez/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 may 9, to which this Certificate of Acceptance is attached, from Romel Fernandez and Mercedes Fernandez, husband and wife as joint tenants (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: 6/261 / By: - Matthew Downing City Manager ATTEST;,, Clerk APN 007-481-009 City of Arroyo Grande/Traffic Way Bridge/Fernandez/Deed TCE 4 EXHIBIT "A" LEGAL DESCRIPTION A PORTION OF LAND OF LOT 2 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 2,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 2 SOUTH 31°36'05" EAST A DISTANCE OF 99.38 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 12°19'32" EAST, CONCAVE SOUTHERLY THROUGH A CENTRAL ANGLE OF 02°20'19",AN ARC DISTANCE OF 75.51 FEET TO A POINT OF INTERSECTION ON SAID RIGHT OF WAY HAVING A RADIAL BEARING NORTH 14°39'51" EAST; THENCE, LEAVING SAID EASTERLY RIGHT OF WAY LINE OF TRAFFIC WAY ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 2 NORTH 31°36'05"WEST A DISTANCE OF 53.28 FEET THENCE, LEAVING SAID EASTERLY BOUNDARY LINE OF LOT 2 SOUTH 58°23'55" WEST A DISTANCE OF 53.30 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 0.03 ACRES OR 1,408.0 SQUARE FEET MORE OR LESS AND AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND REFRENCE MADE A PART HEREOF. END OF DESCRIPTION e LANA CG co G'QG mss,' �< c _ o Jeffrey ZaC Date: JEFzAFZEBY0G. 9 * No.9210 Q N�9TFOF C A�`�OQ? Page 1 of 1 h EXHIBIT"B" "TEMPORARY CONSTRUCTION EASEMENT" POINT OF COMMENCEMENT 14/ SySt. 1 007 481-020 N \ ROBASCIOTTI 1 al0 �0 m 007-481-009 I \ Fco ERNANDEZ — — — I_ I ti \ I �0 I I I POINT OF \ /—S 58'23'55" W 53.30'—. \ BEGINNING VW♦-♦�.� Z 007-481-008FREAS0I \ ,^D'A' 43e 0; 1 ti \ iso s,, \, 00 f'4/ N I TCE: 1,408 SF ' j N 0.03 ACRES I 1 4\ , k, \ "Ci_ \ ic ,P I \ N \ I \ \ \ _\OM.LAND 0. \ e %4., cc JEFFREY G. o '�' CI- L1kMB0 � �^ U5 No.9211-, .)0ii N 1 CA40 55/ DZ.- EXHIBIT "B" rTEMPORARY CONSTRUCTION EASEMENT APN 007-481-009 `111 FERNANDEZ ..5' PROJ. MGR: JZ NO. REV. JOB#230442 DRAFTED BY: DW 1 0 DATE: 04/09/24 (SCALE: 1"=60' END OF 1OCUMENT