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
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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
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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
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APN 007-481-009
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JOB#230442 DRAFTED BY: DW 1 0
DATE: 04/09/24 (SCALE: 1"=60'
END OF 1OCUMENT