HomeMy WebLinkAbout2011-030299 AG
JULIE RODEWALD 0/2712011
San Luis Obispo County—Clerk/Recorder 1:22 PM
Recor at the request of
RECORDING REQUESTED Pub
BY AND WHEN RECORDED Doc #: 2011030299 rules: Pages: 8 Fees
C FTC
RETURN TO: IIIIIIIIIIIIIIIIIIIIIIIIIII others 0.00 Taxes
Y IIIIIIIIIIIIIIII PAID MOO
City of Arroyo Grande
300 East Branch Street
Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY
GRANT OF BIKE PATH AND PEDESTRIAN ACCESS EASEMENT AGREEMENT
This Grant of Bike Path and Pedestrian Access Easement Agreement (the
"Agreement ") is made this 1st day of March 2011 (the "Effective Date "), by and between
the City of Arroyo Grande, a municipal corporation (the "City ") and the Lucia Mar Unified
School District (the "District "), a school district formed under the laws of the State of
California. The City and the District are referred to individually throughout this
Agreement as "Party" and collectively as "Parties."
RECITALS
1. WHEREAS, District and City entered into a Memorandum of
Understanding (the "MOU ") on or about April 24, 2007 (unrecorded), in order to create a
conceptual framework for the Parties to plan for, design and develop the proposed
extension of the existing City roadway known as Castillo Del Mar from its present
terminus to Valley Road (the "Roadway Extension "); and
2. WHEREAS, District is the owner of approximately 46.90 acres of real
property through which the Roadway Extension would run (the "District Property "); and
3. WHEREAS, pursuant to paragraph 4(b) of the MOU, the District will
provide, deed or dedicate a portion of the District Property to City for the Roadway
Extension; and
4. WHEREAS, the purpose of the Roadway Extension is to improve existing
circulation conditions, create a safe, viable transportation corridor and provide access to
Vesting Tentative Tract 1789 ( "Tract 1789 "); and
5. WHEREAS, in anticipation of construction of the Roadway Extension, City
applied for, and was granted one hundred and fifty thousand dollars ($150,000.00) in
Federal STIP funds by SLOCOG to construct bicycle lanes along the Roadway
Extension which must be allocated by May 12, 2011; and
6. WHEREAS, the Roadway Extension has been delayed indefinitely due to
Tract 1789 funding constraints; and
7. WHEREAS, in order to utilize the Federal STIP funds, the Parties agree
that a Class I bike path should be constructed within the next year; and
8. WHEREAS, the bike path will traverse a portion of the District Property,
more particularly described in Exhibit "A" and depicted in Exhibit "B ", both of which are
attached hereto and incorporated herein (the "Bike Path Property "); and
9. WHEREAS, by this Agreement, District will grant a temporary easement to
City for bicycle and pedestrian access purposes over, under and upon the Bike Path
Property, pursuant to the terms and conditions set forth herein.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated
herein by this reference.
2. Grant of Easement. District hereby grants to City and City hereby accepts
an exclusive easement over, under, in, and upon the Bike Path Property ( "Bike Path
Easement "), pursuant to the terms and conditions set forth herein.
3. Character of Easement. The Bike Path Easement granted herein is
exclusive and in gross for the benefit of the City, its successors and assigns. The Bike
Path Easement shall be in effect until the Roadway Extension is carried out, at which
point the District shall grant to City and City shall accept a new and modified easement
which will accommodate both the Roadway Extension and the final configuration of the
bike path. That portion of the easement granted herein which is not necessary for the
completed bike path shall be reconveyed via quitclaim deed to the District.
4. Use. City shall use the Bike Path Easement exclusively for the
development, construction, and maintenance of a public bike and pedestrian path for
bicycle and pedestrian access purposes.
5. Restripinq. City shall restripe any and all parking spaces that are
relocated as a result of the easement granted herein.
6. Bike Lane. The Bike Path Easement shall include a Class II bike lane from
the end of the Class 1 bike lane adjacent to the future roadway to Valley Road.
Installation of the Class II bike lane will require relocation of a light standard on District
property, which will be completed by the City at no cost to the District. When the
roadway is extended, the City shall relocate the light standard back to its original
location at no cost to the District at the request of the District.
7. Repair and Maintenance. City shall be solely responsible to perform such
maintenance and repair of the Bike Path Easement as determined necessary by City to
keep same in a safe, usable and functional condition. The obligations under this
paragraph shall survive the termination of this Agreement and continue so long as City
is the holder of the Bike Path Easement.
8. Successors and Assigns. The provisions of this Agreement are intended
to and will run with the District Property, and will bind, be a charge upon and inure to the
benefit of City.
9. Indemnification. City agrees to indemnify and defend the District, its
agents, representatives, heirs, successors and assigns, against any and all claims,
actions, or demands, costs or expense, including reasonable attorney's fees, arising out
of or in any way connected to any activities of City, its agents, representatives, heirs,
successors, assigns or invitees arising out of their use of the Bike Path Easement,
excluding therefrom claims resulting from the negligence or willful misconduct of District.
10. Attorney's Fees. If any legal action or proceeding arising out of or relating
to this Agreement is brought by either party to this Agreement, the prevailing party will
be entitled to receive from the other party, in addition to any other relief that may be
granted, the reasonable attorney's fees, costs and expenses incurred in the action or
proceeding by the prevailing party.
11. Entire Agreement. This Agreement constitutes the entire agreement
between District and City relating to the Bike Path Easement. Any prior agreements,
promises, negotiations or representations not expressly set forth in this Agreement are
of no force and effect unless it is in writing and signed by the District and City or their
respective successors and assigns. This Agreement will be effective upon the date it is
recorded.
12. Governing Law and Venue. This Agreement shall be construed and
enforced in accordance with, and governed by, the laws of the State of California. The
Parties hereto agree that all actions or proceedings in connection with this Agreement
shall be tried and litigated in the Superior Court located in the County of San Luis
Obispo, State of California.
13. Severability. If any term or provision of this Agreement is determined to
be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal,
unenforceable, or invalid provision or part thereof shall be stricken from this Agreement,
and such provision shall not affect the legality, enforceability, or validity of the remainder
of the Agreement. If any provision or part thereof of this Agreement is stricken in
accordance with the provisions of this section, then such stricken provision shall be
replaced, to the extent possible, with a legal, enforceable, and valid provision that is as
similar in tenor to the stricken provision as is legally possible.
14. Counterparts. This Agreement may be executed in two or more
counterparts, each of which will be deemed an original, but all of which together will
constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the date first set forth hereinabove.
City of Arroyo Grande Lucia Mar Unified School District
By: /
STEVEN ADAMS, City Manager President of the Board of Education
c nRFp R ' 1 ; I .
L— Stale
*,' C YNaill • 1 L ORE, City Clerk
A PPROVED AS TO FORM:
'�'
TIM 4 J.
OP! City Attorney
Exhibit A
Legal Description
Bike Path and Pedestrian Access Easement
A portion of Lot 103 of Ranchos Corral De Piedra, Pismo and Bolsa de Chamisal,
in the City of Arroyo Grande, County of San Luis Obispo, State of California per
the map filed in Book A, Page 65 of Maps in the Office of the County Recorder of
said County being a strip of land 10.00 feet wide, the centerline of which is
more particularly described as follows:
Commencing at Point A -90, a found iron pipe in monument well at Valley Road
and Leanna Drive from which Point D -23, a found iron pipe in monument well at
Cherry Avenue and Los Olivos Lane, bears North 31 °03'11" East per the City of
Arroyo Grande Horizontal and Vertical Control Network Job # 69026;
Thence north 35 °37'28" east 2,514.61 feet to a found 1 1 /2" iron pipe tagged RE
9806 marking the southerly corner of the land labeled "Area = 9.992 acres" as
shown on the Record of Survey filed in Book 11 Pages 97 of Licensed Surveys in
the Office of the County Recorder of said County;
Thence north 06 °53'50" east 887.51 feet to the True Point of Beginning of said
centerline and to the beginning of a curve to the left having a radius of 573.00
feet, the center of said curve bears south 15 °07'49" east;
Thence along the arc of said curve through a central angle of 17 °03'11" a
distance of 170.54 feet;
Thence south 57 °49'19" west 433.09 feet;
Thence north 32 °10'41" west 54.00 feet;
Thence south 57 °49'19" west 12.55 feet to the beginning of a curve concave to
the right, having a radius of 273.00 feet;
Thence along the arc of said curve through a central angle of 42 °55'32" a
distance of 204.53 feet to the beginning of a non - tangent curve to the right
having a radius of 314.00 feet, the center of said curve bears north 05 °23'38"
east;
Thence along the arc of said curve through a central angle of 34 °48'49" a
distance of 190.79 feet;
Thence north 32 °17'17" west 243.50 feet;
Thence north 32 °36'46" west 156.28 feet;
Thence north 50 °32'24" west 5.50 feet;
Thence north 33 °12'10" west 47.34 feet;
Thence north 31 °59'18" west 30.37 feet;
Thence north 29 °32'08" west 83.58 feet to the east line of Valley Road, 50 feet
wide, as described in Book H of Deeds at page 577 in the Office of the County
Recorder of said County.
The sidelines of the hereinabove described strip of land are to be extended or
shortened to meet at angle points and to terminate on the east line of said Valley
Road and on the easterly line of said Lot 103.
The Basis of Bearing for this legal description is between Point A -90, a found iron
pipe in monument well at Valley Road and Leanna Dr. and Point D -23, a found
iron pipe in monument well at Cherry Avenue and Los Olivos Lane per the City of
Arroyo Grande Horizontal and Vertical Control Network prepared by M.K. Welch
Surveys Job # 69026; on file in the City of Arroyo Grande Public Works
Department. The Bearing from A -90 to D -23 is North 31 °3'11" East.
The above - described land is graphically shown on Exhibit B attached hereto and
made apart hereof.
End of Legal Description.
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George Y. Marchenko LS 6964 Date
License Expiration Date: 9/30/2011
Bikel.doc
CALIFORNIA NOTARY ACKNOWLEDGEMENT
State of California 1
County of 5RV L ,WS 0/3(Sit l'l/ — pp
On (o -( -(( before me, ktuyl /Vermo C,lvo7?rP/(✓6c!c,
t l
(Insert the name and e of the officer)
personally appeared OOLL EEL) M Atr,il
who proved to me on the basis of satisfactory evidence to be the person$) whose name(e)
is /art subscribed to the within instrument and acknowledged to me that he/she /they
executed the same in his/her /theirauthorized capacity(.iee), and that by 4iefher/theit
signature(s) on the instrument the persort(e) 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.
KELLY 11
rr 1 Commission 1187131
670
. Notary hMk • California
WITNESS my hand and official seal. ^./ tan LrNONapCounty
Q , /'' ,, Comm. 1 2019
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AN cal A
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‘ TRUE POINT OF
L7 a BEGINNING
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A L5 L= 190.79', R= 314.00' N.
4 L- 170.54 R= 573.00' _ Castillo
� a = ° 4849" 4 =17 °03'11" �` Del Mar
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i M a L= 204.53', R= 273.00'
A =42 °55'32"
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SOUTHWEST LINE, �' o
LOT 103 ^ 1‘,
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CENTERLINE ro Z
Found 1 1/2" IOFOOT
S 19° ' 43"E W
iron pipe per
11/LS/97 137.75' (tie) ,. WIDE STRIP t
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LINE TABLE 1.
City of Arroyo Gronde
LINE# DIRECTION LENGTH Control Point D -23 •
5 �-
L 1 S57° 49' 19 "W 433.09 '
�� h
L2 N32° 10' 41"W 54.00 CbQ < 1 � /
� /
L3 S57° 49' 19 "W 12.55 N ■
� / �
L4 N32° 17' 17 "W 243.50 2
(-) : / rte Found 1 1/2 "
L5 N32° 36' 46 "W 156.28 / �s/ iron pipe with
iS tag RCE 9806
L6 N50° 32' 24 "W 5.50 /1
L7 N33° 12' 10 "W 47.34
I SCALE
L8 N31° 59' 18 "W 30.37 Point of Commencement 0 100 200 400
City of Arroyo Grande 1 _
' L9 N29° 32' 08 "W 83.58 Control Point A -90
— -- - 1 INCH = 200 FEET MI EXHIBIT B JOB No.: 232- 5678 -230
0,2c13tl ° "� " "„ BIKE PATH AND DRAWING :BIKE 1
SAN LUIS OBISPO. CA 93401 PEDESTRIAN ACCESS EASEMENT DRAWN BY: GM
T 805 5444011
w.w 5544- 4egwup.vs PORTION OF LOT 103, A/MB /65 Dnre: viziii
WALLACE GROUP ARROYO GRANDE, CA sheet 1 of 1
END OF DOCUMENT