HomeMy WebLinkAbout2012-03740712ecording requested by:
CITY OF ARROYO GRANDE
When recorded, return to:
Dircclor of Public Works'
300 L. 13ranch Street
420
A PN: 007 - 781 -024
JULIE RODEWALD
AM
San Luis Obispo County— Clerk/Recorder
711012012
Recorded m rho rogoosl of
4:20 PM
Public
D o C #: 2012037407
Titles: I
Pages: 9
Fees
0.00
IIII V I I I IIII I I I VI I I
Others
0.00
PAID
50.00
SPACE ABOVE I.IN13 FOR RECORDER'S USI: ONLY
IRRE:VOCABIJI AND I'ERI'ETUAI, OFIE12 TO DEDICATE \VAT1:12 121GHTS AND
WELL EASEMEIN'T AiN'D AGREEtNIENT 1012 "1'111; 1'120VISION OF \VATER
THIS OFFER TO DEDICATE WATER RIGHTS AND \YELL EASEt%9ENf AND
AGREEfNIENT FOR THE PROVISION OF WATER ( "Offer and Agreement "), made this
clay of i^a _ 2012 by and between TAOS 1-101-DING CORPORATION, a
California corporation, hereinafter referred to as "Offeror" and the CITY OF Al2ROYO
GRANDE, a California municipal corporation, hereinafter referred to as "City'.
\VI-IE- RE-AS. the Condition #9 of the Conditions of Approval for Tract 1998 (aka Tract
01 -001) ("Condition 9 ") requires the offer of dedication of an easement for the water well
lOCaled on Lot 1, including infirastrucwre, appurtenances, water rights and related casements; and
WI-IERL'AS, the parties recognize that Condition 9 authorizes Offeror to reserve the right
to use water from the well offered for dedication to City for certain on -site construction and
cnvironmcntal mitigation purposes; and
WI IEREAS, file parties have clelcrmined that it is more cost effective and efficient for
Offeror to use water provided by file City at no charge through its water conveyance
inPrastrUCIL -C rather than use well water as proviClcd in Condition 9, that such use would not
violate City codes or regulations and therclorc, the [)artier wish to effectuate such an
understanding by this Offer and Agreement; and
WHEREAS, said Offeror desires to offer to dedicate, irrevocably,.to the City, a water
well casement, water rights and related easements, which offer may be accepted at any time by
the City based on the terms and conditions set forth herein.
NOW, -THEREFORE, in consideration of the mutual covenants and promises set
forth herein, and for good and other valuable consideration, the receipt and sufIlCiency of which
is hereby acknowledged, the parties agree as follows:
1. That Offeror is the owner of the real property described on Exhibit "A" attached
hereto and incorporated herein by this reference.
Dale: 5/102012 1 X� _
2. That said OfTcror sloes hereby irrevocably and in perpetuity offer to City a dedication
of'- a) all exclusive easement for the existing well, including any and all right, title and
interest in the currently existing well infrast•uclure and appurtenances and the water
rights associalecl with the existing well, located within Easement Area No. I as more
particularly described in Exhibit "13" attached hereto and incorporated herein by this
reference; b) an exclusive easement over the area described as I:asenlcnt Area No. I
as described in Exhibit "13" hereto for the purpose ofoperating, maintaining, repairing
and replacing the well; and c) an exclusive casement over the area described as
Easement Area No. 2 as described in Exhibit "13" hereto for the purposes of placing
additional infrastructure to extract, treat, store and tansport water.
3. That said Offeror reserves for itself and any successor in interest to Tract 1998
(including but not limited to Castlerock Development, a California corporation), the
right to the reasonable and beneficial use of City water provided through City's water
infrastructure for the purpose of construction of the subdivision improvements and
residences for Tract 1998 (including without limitation environmental mitigation
purposes). If for any reason, City is unable to provide City water through City's water
infrastructure as contemplated above by this Paragraph 3, then water from the subject
well at no charge by City shall be used instead. 01'feror's right to City water for such
use shall terminate upon issuance of a notice of completion for the last residence ill
Tract 1998, or live years alier the final tract map of Tract 1998 is approved by the
City, whichever is earlier. Use of water through City's water infrastructure as defined
above by this Paragraph 3 shall not be subject to any City water conservation
regulation that is inconsistent with the purpose and intent of this section. Further, use
of City water shall be at no cost to the Offeror in any form, including usage rates,
meter costs, treatment costs, capital improvement costs or administrative costs.
4. That said OlTeror reserves for itself and its successors in interest to the residential lots
in Tract 1998 (including bill not limited to Castlerock Development, a California
corporation) and the homeowners association formed in connection with Tract 1998
(the "FIOA" ), the right to the reasonable and benefcial use of City water, at no cost,
provided through Citys water infrastructure for the purpose of cstablishnlcnt and
maintenance or common area landscaping, including landscaping that is required by
the Mitigation, Monitoring and Reporting Program for Tract 1998 (" NIMRP'). If for
any reason, City is unable to provide City water through Citys water infrastructtu•e as
contemplated by this Paragraph 4, then water front the suhicet well at no charge by
City shall be used instead. Offeror's right to use water for establishment and
maintenance of common area landscaping purposes shall terminate upon successful
completion of the landscaping mitigation and restoration requirements of the NIN1RP.
Use of water through City's water infrastructure as defined above by this Paragraph 4
shall not be subject to any City water conservation regulation that is inconsistent with
the purpose and intent of this section. Further, use of City water shall be at no cost to
the Offeror in any form, including usage rates, meter costs, treatment costs, capital
improvement costs or administrative costs.
mac: 5110¢012 f' e—j
5. That said Offeror, its successors in interest to the residential lots in 'tract 1998
(including but not limited to Castlerock Development, a California corporation), shall
defend and hold City harmless from and against, any and all losses_ damages, suits,
and claims arising from or in any way whatsoever related to this Agreement or
Offerors, or Offeror's contractor's, agent's or employee's use of City's water as
provided herein.
6. The size. location and configuration of the casements described above in Paragraph 2
and the placement of equil)nlent within said casements shall not unreasonably
interfere or detract from the development of the residential lot on which the well and
equipment will be located.
7. The existing on -site storage tanks, in their current condition. used in connection with
the existing well pump shall be removed entirely by the Offeror (or its successors in
interest in Tract 1998) within ninety (90) days of City's acceptance of this ofl'er of'
dedication set forth herein. Existing appurtenances used in connection with the
existing on -site storage tanks, that are within the easements described in Paragraph 2.
are to be abandoned and shall be removed by the Offeror.
S. That said Offeror agrees that said offer of dedication shall be irrevocable and that the
City may, at any time in the future, accept said offer ol'cledication.
9. That said Offeror agrees that this irrevocable and perpetual Offer and Agreement is
and shall be binding on its heirs, legatees, successors and assigns.
IN WI'T'NESS WI-IEREOP, this Irrevocable and Perpetual Offer to Dedicate Water Rights
and Well Easement and Agreement for the Provision of Water is hereby executed by the said
Offeror on the clay and year first above written.
TAOS HOLDING CORPORATION.
a California corporation
I._>tf6rcn Sheller, President
Date: 5110rz012 I_I L . -- J
CI.IZ I'IhIG� I L Oh ACF: \`O��'LLDCN1LtV'I OI' NO I ARY PUBLIC
SI-A"I E OF CALIFORNIA
COUN11"OF SAN LUIS OBISPO
}ss.
On .2012, beforemc,�gf 1— t�ui( Pybf :G
(here insert name and title of the officer), personally appeared Darre , S11_a j_ler
who proved to n1e on the basis or suislactoiy evidence to be the person(e) whose namc(-.� is /air
subscribed to the within instrument and acknowledged to me that he /shekhey executed the same in
his /her/tf r authorized capacity(ios), and that l)y his /lwf4lxir signawre(F4 on the instrument the
person(a), or the entity upon.befialrorwhich the person(,:) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws or the State or Califiornia that the roregoing
paragraph is u•ue and correct.
WITNESS n1y hand and orficial seal.
V L� ✓ /1 Ac4,,,�
Notary Public
WENDY ACKHART
Commission / 1965629
Notary Public - CaMornla
Le my San Us Obispo County
Comm. m Fib 1 201
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Irrevocable and
Perpetual Offer to Dedicate Water Rights and Well Easement and Agreement for the
Provision of Water dated May 11, 2012, by and between TAOS HOLDING
CORPORATION, a California corporation and the CITY OF ARROYO GRANDE, a
California municipal corporation, is hereby accepted by Resolution No. 4455 of the City
Council of the City of Arroyo Grande on June 12, 2012, and the City consents to
recordation thereof by its duly authorized Mayor.
�_ &
Dated: Lo —1 Z-1 2
CITY OF ARROYO GRANDE
By
T ERRARA,MAYOR
TTEST:
KELLY WETMORE, CITY CLERK
E \111131"1' "A"
LEGAL DESCRIPTION OF OFFEROR'S PROPERTY
THE LAND RDFL"RRLD TO FILRL'IN 13ELOVV IS SITUATED IN THE CITY OF ARROYO
GRANDE, COUN'T'Y OF SAN LUIS 0131SP0, STA'I'D OF CALIFORNIA AND IS
DESCRIBED AS FOLLOWS:
Parcel 7 of Parcel Map No. 77 -103, in the City of Arroyo Grande, County of San Luis Obispo,
State of California according to map recorded November 30, 1979 in Book 28, Page 85 of Parcel
?Maps, in the office 01-111C County Recorder of said County.
Excepting therefrom 50% oral] oil, gas, minerals and hydrocarbon substances in and Under said
land, provided, however, that the grantors therein, their heirs or assigns or successors in interest,
shall not drill for or develop any such oil, gas, minerals and hydrocarbon substances without the
written consent of the grantees therein, their heirs or assigns, or successors, in interest reserved in
the deed from Anton Doko: et ux., recorded April 15, 1958 in Book 936; Page 211 of Official
Records.
Adso excepting therefrom 5011 of all oil, gas, minerals and hychocarbon substances in and under
said land, provided, however, that the grantors therein, their heirs or assigns, or successors in
interest, shall not drill for or develop any of such oil, gas, minerals and hydrocarbon substances
without the written consent of the grantees therein, their heirs or assigns, or successors, in
interest reserved in the deed From Frank D. Bosch, et ux., to Amon Doko, ct ux., dated April 2,
1958 and recorded April 15, 1958 in Book 936, Page 208 of Official Records.
APN: 007 -781024
ExIIIBIT „13"
LASElfNIEsNTAREA DEISCRIPTION
Sheet 1 of 3
Those portions of Parcel 7 of Parcel Map No. 77 -103, in the City of Arroyo Grande. County of
San Luis Obispo, State of California, according to the map recorded November 30. 1979 in Book
28, Page 85 of Parcel Maps, in the office of the County Recorder of said County and State,
described as follows:
Easemew Area Alo.
Beginning at a centerline well monument at the intersection of La Canada and Rosemary Court,
as shown on said map;
Thence, northerly along the centerline of La Canada, being a curve concave to the northwest
having a radius of 600.00 feet, 293.22 feet through an included angle ol'28 °00'00 ", with a chord
having a bearing of North 21 030'00" East and a distance of 290.31 feet to a centerline monument
of La Canada which a radial bears South 82°30'00" Last:
Thence, leaving said centerline along the prolongation of said radial line, South 82 °30'00" East
32.00 feet to the northwesterly corner of said Parcel 7, said corner being Point of Beginning III
(130131);
Thence, along said radial line. South 82 °30'00" East 25.00 feet to a point along the
northwesterly line of Parcel 7;
"Thence, leaving said northwesterly line South 0730'00" West a distance of 16.00 feet;
Thence, North 82°30'00" West a distance of 25.20 feet to a point on the easterly right -of =way
line of La Canada;
Thcncc, northerly along said right -of -way line, being a curve concave to the northwest with a
radius of 632.00 feet. 16.002 feet through an included angle off) 1 °27'02 ", with a chord having a
bearing of North 08 °13'31" East and a distance of 16.00 feet to Point of Beginning 41 (1'0131).
lawmen Area No. 2
Beginning at a centerline well monument at the intersection of La Canada and Rosemary Court,
as shown on said map;
Thcncc, northerly along the centerline of La Canada, being a curve concave to the northwest
having a radius of 600.00 feet, 293.22 feet through an included angle ol'28 °00200 ", with a chord
having a bearing of North 21 °30'00" East and a distance ol'29031 feet to a centerline monument
of La Canada which a radial bears South 82 °30'00" Bast:
P �
Shcct 2 of 3
Thence, leaving said centerline along the prolongation of said radial line, North 82 °30'00" Nest
32.00 feet to the northwesterly corner of said Parcel 7;
Thence, southerly along the easterly right -of- -way line of La Canada, being a curve concave to
the northwest having a radius of 632.00 feet, 229.99 feet through an included angle of
20 °5I TT% with a chord having a bearing of South 17 °55'31" West and a distance of 228.73 feet
to a point oil said easterly right -of -way line which a radial bears North 61 °38'57" Nest, said
point being the Point of Beginning #2 (110132);
Thence, South 60'17'22" Gast a distance of 40.00 feet;
"Thence, South 29 °42'39" Nest a distance of 30.00 feet;
Thence, North 60 °17'22" West a distance of 40.00 feet to a point on the easterly right -of -way
line of La Canada;
Thence, northerly along said right -of -way, being a curve concave to the northwest with a radius
of 632.00 feet, 30.003 feet through an included angle of 02'43'12", with a chord having a
bearing of North 29 °42'39" Gast and a distance o[30.00' to the Point of Beginning #2 (110132).
The attached 6zhibit "13" Sheet 3 of 3 should be used to assist in retracing the lines of the above
descriptions.
�Q 'LAND S�
_ _ J No. 6407
Guy A. Stilit vich Exp.-W31
Professional Mind Surveyor
Lic. No. 6407 s /qrE FO��\p
Exp. 12 -31 -10 OF CA��
P061
- L1
`�- L2
i
I C3 I'
I IL3
EASEMENT AREA 1
SCALE: N.T.S.
I
I
LINE TABLE
LINE
I BEARING
LENGTH
REF.
Li
S82'30'00 "E RAD
32.00'
R -I, R -2, R -3
72
S82'3000 E (RAD)
25.00'
R -I, R -2, R -3
L3
S07'30'00 "W
16.00'
L4
N82'30'00 "W
25.20'
L5
S50'17'22"E
40.00'
L6
S29'42'39 "W
30.00'
L7
N60'17'22 "W
40.00'
I I IEXHIBIT B
SHEET 3 OF 3
TRACT /1834 - UNIT 1
/ P081 &
L NE'LY CDR PARCEL 7
1
I \ /
J� 32, SEE EASEMENT AREA 1 DETAIL
TRACT 1997
0 /
V
EASTERLY LA CANADA RIGHT -OF -WAY
PTN. PARCEL 7 PER 28 -PM -85
SEE EASEMENT AREA 2 DETAIL
.,N ,
J
Yo // / � / i \
1 T /'
� .J
(Nt
bl
2s 0 25 so
SCALE: 1'- 50• -0' ,
� C1
C2
/
QP/
C)
�P
LEGEND
R -1 RECORD PER 28 -PM -85
R -2 RECORD PER 18 -MB -19
R -3 RECORD PER 17 -MB -78
O INDICATES FOUND STD.
CITY WELL MONUMENT
� S
'082