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HomeMy WebLinkAbout2011-019675 JULIE RODEWALD KB San Luis Obispo County — Clerk/Recorder 4/22/2011 Recorded at the request of 4:52 PM Public RECORDING REQUESTED BY D o C # : 2011019675 Titles: 1 Pages: 3 AND WHEN RECORDED, MAIL TO; 11111111111111111111 Others 0.00 City of Arroyo Grande Cr$yCier 0.00 300 East Branch Street / PAID $20.00 Arroyo Grande, CA. 93420 GRANT OF UCENSE AND. AGREEMENT AFFECTING REAL PROPERTY Sue Ann Kowal, ( "Licensee ") owner of real property generally described as 592 Via Ia Barranca, Arroyo Grande, CA, APN 007- 041-005, and more particularly described as Lot 14, of Tract No. 453, Rancho La Barranca, Record Maps Book 9, Page 19, City of Arroyo Grande, San Luis Obispo County, ; THIS AGREEMENT made this I a. day of 4 [ r / I , 2011, by and between the CITY OF ARROYO GRANDE, ( "CITY ") owner of a 25 foot wide Public Utility Easement, a portion of, being 12 and 1/2 feet, in the property as herein described above. WHEREAS, UCENSEE intends to replace a deck measuring 12 x 21 feet on said property described herein with only one corner being 4 and 1/2 feet into said Public Utility Easement described herein. WHEREAS, CITY is willing to allow said deck to permanently remain so long as it does not interfere with, or cause damage to, maintenance and operation of the utility (sanitary sewer) located within said Public Utility Easement described herein. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. CITY hereby grants to UCENSEE, a license to allow the deck to remain in its current proposed location in said Public Utility Easement, subject to the following terms and conditions: a. UCENSEE shall submit a site plan with specifications for the deck to CITY, and an as -built document if requested by CITY. b. During construction of the deck, Licensee shall comply with all instruction and guidance from City, intended to prevent damage to said sanitary sewer utility located within Public Utility Easement described herein. c. UCENSEE agrees to remove the said deck should CITY so request in order to gain access to the said easement or conduct maintenance or repair of said utility located within said easement; UCENSEE shall remove the deck within thirty (30) days of written notice, unless CITY notifies UCENSEE of an emergency necessitating removal in a shorter period of time. Should UCENSEE fail to remove the deck within the time frame specified by CITY, CITY, in its sole discretion, may elect to remove the said deck and any other encumbrances affecting the said easement, and recover all costs and expenses for such removal from UCENSEE. d. UCENSEE agrees to pay for any and all costs for the repair or replacement of the said utlility located within said easement resulting from or caused by, in whole or in part, the construction or location of said deck. 2. LICENSEE agrees to hold harmless and indemnify CITY from any and all liabilities, damages, costs, claims, causes of action, complaints or proceedings of any kind or nature arising or alleged to arise from the construction, operation, maintenance or repair or use of the deck by LICENSEE, her agents, contractors, assigns or successors in interest, of any kind. 3. CITY may revoke this License for breach of or failure to comply with any of the terms and conditions set forth herein. 4. This agreement shall be binding upon the successors in interest of any kind to the property. 5. In the event of legal action to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover their costs, including reasonable attorney fees. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CRY OF ARROYO GRANDE By: STEVEN ADAMS, City Manager 'ATTEST: 4N • .. ,y^p1Ppqq KELLTIVD1 ', • E, 2 Clerk rt. cap. a 4 k . r UCENSEE: if .R SCA-SL aftill GI.()a L SUE ANN KOWAL, Owner APPROVED AS TO FOR ' („MI r i ... ry a r. TIM Y J. CARMEL, City Attorney - 17 ;1 (All signatures must be notarized) t California All- Purpose Acknowledgment • State of California ; • s.s. County of 5Q"f lLNi \S o%o\cset� On .\ V before men _o too„ A,. t _ ♦ o " ►. Name of NOW ry Pubec. ?rile personally appeared S AC. Y'vn 1\- Name of Signer (t i Name of Signer 02i who proved to me on the basis of satisfactory evidence to be the person*) whose name(%) is /ere subscribed to the within instrument and acknowledged to me that - he/she/they- executed the same in hisiher/theirauthorized capacity(ies} and that by his/her/their-aignature(sron the instrument the person(er or the entity upon behalf of which the persop(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. • M. yoga Humphrey Y WITNESS my hand and official seal. e ms., Commission S 10131134 s a 1t'' No , Pubic-geM.s San tub Obispo Caw* E ,. i My Comm. Expires Nov. 20, 2014'1 lb nature of Not = Rub Seal OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment of this acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description of Attached Document Adrl tFborunta motion The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification document titled/for the purpose of G re-vv'T L ` c en %/1„.. Proved to me on the basis of satisfactory evidence: o nnc . • • C . - ♦ . . k o e c A . _ 'O n - Q { p + . ❑ form(s) of identification ❑ credible witness(es) containing 1 pages, and dated 0.42r \ i2 , 2't, \A • Notarial event is detailed in notary Journal on: Page # _ Entry# The signer(s) capacity or authority is /are as: ❑ Individual(s) Notary contact ❑ Attomey -in -fact ❑ Corporate Ofter(s) Other Tillers) ❑ Additional Signer ❑ Signer(s) Thumbprints(s) ❑ Guardian/Conservator ❑ Partner - Limited /General ❑ Trustee(s) ❑ Other. representing: Namara) of Personrs) Entityliesi Signer is Representing ©• 2010 Notary Learning Center - All Rignts Reserved END OF DOCUMENT