HomeMy WebLinkAbout2026-006008 2026006008
Elaine Cano San Luis Obispo - County Clerk-Recorder
02/27/2026 03:10 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 9
RECORDING REQUESTED BY AND Fees: $0.00
WHEN RECORDED RETURN TO: Taxes: $0.00
Total: $0.00
City of Arroyo Grande 'III VEAPi96,VaU t1'I III
300 E. Branch Street
Arroyo Grande, CA 93420
Public Agency—Exempt from Recording Fee—
Gov. Code §6103
AGREEMENT REGARDING IMPROVEMENTS
AT 795 E. CHERRY AVENUE, ARROYO GRANDE, CA
(APN: 007-571-007)
THIS AGREEMENT is made this 2& day of , 2026 by and between
the City of Arroyo Grande, California, a municipal corporation (hereinafter "City"), and
Gavin Burkard and Stephanie Burkard, husband and wife as community property with
right of survivorship ("Property Owners").
RECITALS
A. Property Owners are the sole owners of the property described at 795 E. Cherry
Avenue, Arroyo Grande, California (APN: 007-571-007), as more particularly
described in Exhibit "A," attached hereto and incorporated by reference herein
(hereinafter referred to as "the Property").
B. On October 9, 2007, the City Council adopted Resolution No. 4040, approving the
East Village Neighborhood Plan within the City (the "Neighborhood Plan"). The
Property is within Sub-Area 2 of the Neighborhood Plan.
C. Property Owners were issued a building permit on September 16, 2020 to
construct a new single-family dwelling at the Property. Arroyo Grande Municipal
Code (AGMC) Subsection 16.68.020.F.2 requires that curb, gutter, and sidewalks
(the "Improvements") are to be installed upon an application for a building permit.
In accordance with AGMC Subsection 16.68.020.F.1 these Improvements are
required to be constructed in conjunction with public and private streets.
D Such Improvements are required on both the Cherry Avenue and Lierly Lane
frontages of the Property. However, in accordance with the East Village
Neighborhood Plan, Phase 2, the planned expansion of E. Cherry Avenue would
extend beyond the current boundaries of the existing public access areas on E.
Cherry Avenue, and into the yard space of the Property.
E. City staff has determined that due to the unusual circumstances relating to the
Property, it would be impractical to require installation of the Improvements at the
current boundaries of the Property as those Improvements would be required to
be removed and reinstalled at the planned expansion of E. Cherry Avenue when
the future roadway is improved in accordance with the Neighborhood Plan.
F. In order to allow the building permit to be issued for the single family home without
installing the Improvements pursuant to AGMC Subsection 1668.020.F.2, and
allowing for installation of the Improvements at a later date, Property Owners and
City agreed that Property Owners will provide City with an Irrevocable and
Perpetual Offer to Dedicate an Easement in the portion of the Property necessary
for the widening of E. Cherry Avenue (the "Dedicated Area"), which will allow for
construction of the roadway at some point in the future, when the remaining right-
of-way needed for the roadway has been acquired or otherwise dedicated to the
City by subdivision of other properties further down E. Cherry Avenue.
G. Property Owners and City have agreed that existing structures located in the
Dedicated Area will be permitted to continue to remain and be utilized until E.
Cherry Avenue is expanded consistent with the Neighborhood Plan, at which time
the existing structures shall be removed and the Improvements shall be installed.
Additionally, Property Owners may construct additional parking facilities in the
Dedicated Area until the expansion of E. Cherry Avenue, consistent with the
Neighborhood Plan, at which time any facilities in the Dedicated Area shall be
removed.
H. The terms and conditions of this Agreement have been reviewed by Owner and
found to be fair,just, and reasonable. Each Party has had the opportunity to consult
legal counsel with respect to the Agreement. Both parties intend to be bound
hereafter by the terms, conditions, and provisions contained in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
of the recitals, it is mutually agreed by and between the parties as follows:
1. Recitals. The foregoing recitals are true and correct and incorporated herein.
2. Irrevocable Offer of Dedication. Property Owners shall provide the City with an
Irrevocable and Perpetual Offer to Dedicate an Easement in the portion of the
Property necessary for the widening of E. Cherry Avenue, as set forth above, in
substantially the form set forth in Exhibit "B," attached hereto and incorporated
herein by this reference. Property Owners shall be responsible for providing any
survey necessary for the Irrevocable Offer of Dedication.
3. Use of Dedicated Area. As provided in Recital G, above, until such time that the
Improvements are required when E. Cherry Avenue is expanded consistent with
the Neighborhood Plan as determined by the City, existing structures located in
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the Dedicated Area will be permitted to remain and be utilized until such widening
occurs. At that time, upon notice from the City, such structures shall be removed
at Property Owners' expense, to the satisfaction of the City. Parking areas, play
equipment, patio furniture and related residential accessory structures may also
be installed in the Dedicated Area until the widening of E. Cherry Avenue occurs;
notwithstanding, Property Owners shall be required to obtain any necessary
entitlements required in the Arroyo Grande Municipal Code City in order to install
additional facilities within the Dedicated Area. Upon notice from the City, any such
parking areas and facilities shall be removed at Property Owners' expense and to
the satisfaction of the City as required for the expansion of E. Cherry Avenue.
4 Installation of Improvements. City shall be responsible for the installation of the
Improvements along the Property as part of the planned improvements along E.
Cherry Avenue, consistent with the Neighborhood Plan, and shall coordinate the
installation with Property Owners.
5. Indemnification. Property Owners shall defend, indemnify and hold harmless the
City, its officials, officers, agents and employees from and against any and all
claims, demands, damages, costs, expenses, judgments, or liability resulting from
the performance of this Agreement.
6. Binding on Successors in Interest. This Agreement shall be recorded and shall run
with the land described herein and shall be binding on the parties hereto and their
heirs, assigns and successors in interest.
7. Effect of Waiver. City's waiver of the breach of any one term, covenant or provision
of this Agreement shall not be a waiver of a subsequent breach of the same term,
covenant or provision of this Agreement or of the breach of any other term,
covenant or provision of this Agreement.
8. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity,
either to restrain a violation or an attempted violation or by suit to recover damages
against any person or persons violating or attempting to violate any term, condition,
covenant or restriction contained herein.
9. Governing Law. This Agreement has been executed and delivered in, and shall be
interpreted, construed and enforced pursuant to and in accordance with the laws
of the State of California.
10. Enforceability. If any term, covenant, condition, or provision of this Agreement is
held by a court of competent jurisdiction to be, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect and shall in
no way be affected, impaired or invalidated thereby.
11. Attorney's Fees. If suit, arbitration or other action of any type or nature is brought
to enforce any of the terms and conditions of this Agreement, be it in law or in
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equity, the prevailing party shall be entitled to an award of its attorney's fees in
addition to all other costs and/ or expenses of collection, suit, arbitration and/ or
other action taken.
12.Authority of Parties. All persons executing this Agreement on behalf of a party
warrant that they have the authority to execute this Agreement on behalf of that
party.
13. Counterparts. This Agreement may be executed in one or more counterparts.
Each shall be deemed an original and all, taken together, shall constitute one and
the same instrument.
[Signatures on following page.]
4
r.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the
day and year first above written.
CITY OF ARROYO G DE: PROPERTY OWNERS:
By:
Matthew Downing, City M er G in rkard
PTIOT6rftn,
Steph a rka d
5
1
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 San Luis Obispo Signature )
[Seal] ) 1 f
On f .r (9-5 , 2026, before me, J t Lug a w �� Notary Public, personally
appeared Gaviri Burkard, 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
signature(s) on the instrument the person(s), or the entity on 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. JULIEA.HAWKINS
Notary Public-Calwomia
A San Luis Obispo •
389Signature JAOu.. [Seal] CommissionI248 7.
My Comm.Expires Mar 5,2028
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 San Luis Obispo Signature )
[Seal] ) 1 • II
On cebrua.4r a.S, 2026 before me, t(e 14uw� h-S Notary Public, personally
appeared Stepfnie Burkard, 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
signature(s) on the instrument the person(s), or the entity on 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 m hand and official seal. A. WKI
NotaryJULIE PublicHA-CaliloNG
nda
Signature \ Gus ,-=` [Seal] -max-+ San Luis Obispo County t
r-� Commission a<E 2483897
• " My Comm.Expires Afar 5,MTh
6
'4.;.•
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 San Luis Obispo Signature )
[Seal] ) 1'
On 1. bru..a-� 2S, 2026, before me, �-1 i c is 1,-4— Notary Public, personally
appeared Matthe3k Downing, 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
signature(s) on the instrument the person(s), or the entity on 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. rdhlialigh'db"16111"16in �uLien.iiawKiNs
Notary Public-California
Signature d,4,164 [Seal] 5an Luis Obispo County FCommission#2483897
My Comm.Expires Mar 5,2028
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EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO
GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED
AS FOLLOWS:
THAT PORTION OF LOT 34 OF THE RESUBDIVISION OF A PART OF THE RANCHOS
CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL, IN THE CITY OF ARROYO
GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP
FILED FOR RECORD NOVEMBER 24, 1886 IN BOOK A, PAGE 63 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID LOT; THENCE
SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF
2.21 CHAINS TO THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT, A DISTANCE OF
100 FEET; THENCE NORTHEASTERLY ALONG A LINE PARALLEL WITH SAID
SOUTHEASTERLY LINE, 2.21 CHAINS TO A POINT IN THE NORTHEASTERLY LINE OF
SAID LOT; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE, 100 FEET
TO THE POINT OF BEGINNING.
EXCEPT THEREFROM A STRIP OF LAND ON THE NORTHEASTERLY BOUNDARY OF
SAID LAND, 8 FEET WIDE AS RESERVED BY ELIZA AUSTIN, ET AL, IN DEED RECORDED
SEPTEMBER 13, 1892 IN BOOK 17, PAGE 217 OF DEEDS.
8
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I
Exhibit "B"
Legal Description of Proposed Right of Way Dedication Area
Portion of APN:007-571-007 Address: 795 E. Cherry Ave
That portion of Lot 34 of the resubdivision of a part of the Ranchos Corral de Piedra, Pismo and
Bolsa de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California
and is more particularly described as:
The Southeasterly 16.00 feet of the parcel described in the deed recorded July 27, 2018, as
Instrument Number 2018-031183.
Containing approximately 2,195 square feet and shown on the attached Exhibit"B"
End of description
This legal description was prepared by me or under my direction in conformance with the Land
Surveyor's Act. LAND SL,Q
Cüt4 'rW
CF4RISTOPHER G VANDREY
* No. 8783
Christopher G Vandrey, PLS 8783
%IN
03/13/2025e or
cALOF
END OF DOCUMENT