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CC 2014-10-28_08.h. Approve Reciprocal Easement Agreement for Police Station
p,RR O yo ° �� INCORPORATED 9 _� Z U m JULY 10, 1911 ,f c�4��FORN�P MEMORANDUM TO: CITY COUNCIL FROM: STEVEN ADAMS, CITY MANAGER z SUBJECT: CONSIDERATION OF RECIPROCAL EASEMENT AGREEMENT AND REVOCABLE LICENSE RELATED TO ACCESS OF POLICE STATION DRIVEWAYS DATE: OCTOBER 28, 2014 RECOMMENDATION: It is recommended the City Council: 1) approve a Reciprocal Easement Agreement for Common Driveway at the Police Station at 200 N. Halcyon Road with T.L. Berryhill and Alva Sue Berryhill, William J.W. Calder and Candace Calder, as Trustees of the William and Candace Calder Family Trust, and John Albert Mallory, Trustee of the John Albert Mallory and Patricia Gail Mallory Trust; and 2) approve a Revocable License for Ingress and Egress Purposes with the same parties related to access from the driveway serving the Police Station at 200 N. Halcyon Road from Rena Street. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: There are no projected future costs or staff time resulting from the recommended action. BACKGROUND: It recently came to staff's attention that there are peculiarities regarding the City's property line at the Police Station at 200 N. Halcyon Road, which could impact access to the visitor parking, as well as a lack of clarity regarding access rights to the existing driveway from Rena Street. At the suggestion of the neighboring property owners, staff has negotiated recommended agreements to clarify and address these issues. Item 8.h. - Page 1 CITY COUNCIL CONSIDERATION OF RECIPROCAL EASEMENT AGREEMENT AND REVOCABLE LICENSE RELATED TO ACCESS OF POLICE STATION DRIVEWAYS OCTOBER 28, 2014 PAGE 2 ANALYSIS OF ISSUES: Following a discussion with the owners of the former Mallory Berryhill Realty building south of the Police Station and preparation of a title report, it was determined that their property includes a portion of the area needed to access the Police Station visitor parking area and the City's property includes a portion of the area needed to access their parking. As a result, a Reciprocal Easement Agreement has been drafted and agreed upon, which will provide shared access to both parking areas. In addition, there is a driveway from Rena Street behind the Police Station secured parking lot that is used to access businesses at that location, as well as the Police Station visitor parking area. Rights to utilize that access have never been formally granted and documented. The preference of the adjacent property owners was to include it in the Reciprocal Easement Agreement. Staff recommends against that because it could impact future flexibility to make changes to the property. However, staff recommends the City allow continued use of the access driveway through a Revocable License and Agreement. It has been identified as an important access point for the neighboring businesses. Staff communicated to the owners that the City has no future plans to modify the driveway at this time. ALTERNATIVES: The following alternatives are provided for the Council's consideration: - Approve staffs recommendations; - Negotiate alternate terms; - Include the Rena Street driveway in the Reciprocal Easement Agreement; - Provide direction to staff. ADVANTAGES: The Reciprocal Easement Agreement will provide the City legal access to its visitor parking area and legal access to the neighboring business. The Revocable License and Agreement maintains secondary access to the neighboring businesses, maintains future flexibility for the City for use of the property, and indemnifies the City for use of the driveway. DISADVANTAGES: No disadvantages have been identified. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The agenda was posted in front of City Hall on Thursday, October 23, 2014 and on the City's website on Friday, October 24, 2014. Item 8.h. - Page 2 a ) s RECORDING REQUESTED BY ) AND WHEN RECORDED RETURN TO: ) J JOHNSON LAW OFFICE, INC. ) P.O. BOX 3 ) GROVER BEACH, CA 93483 ) i A.P.N. : 00 6161-019, 006-153-005, 006-153-011, 006-161-020 i RECIPROCAL EASEMENT AGREEMENT FOR COMMON DRIVEWAY Preamble This Agreement made this day of 2014, by and between T.L. BERRYHILL and ALVA SUE BERRYHILL, husband and wife as commun>ity property with right of survivorship as to an undivided one-fourth (1/4) interest; WILLIAM J.W. CALDER and CANDACE CALDER, Trustees of the "William and Candace Calder Family Trust Dated September 29, 1987" as to an undivided one-half (1/2) interest; JOHN ALBERT MALLORY, Trustee of the "John Albert Mallory and Patricia Gail Mallory 1976 Trust Dated March 1, 1976" as to an undivided one-fourth (1/4) interest, f owners of PARCEL A (described below) ; hereinafter referred to as "Parcel A OWNER". f and ; s I CITY OF ARROYO GRANDE, a Municipal Corporation, owner of Parcel B (described below; hereinafter referred to as "Parcel B OWNER.". ) Recitals WHEREAS, the Parcel A OWNER owns certain real property, in the &ity of Arroyo Grande, County of San Luis Obispo, State of California, described as follows : } APN 006-161019: Lots 20, 21, 22 and 23 in Block 1 of the Western Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California as per map recorded April 10 . 1894 in Book B, 'iPage 10 of Maps, together with that portion of Cornwall Avenue abandoned by Resolution recorded May 16, 1989 as Instrument No. 30686 in Book 3316, Page 508 of Official Records that would pass with title s 3 1 C I Item 8.h. - Page 3 t 3 I { WHEREAS, the Parcel B OWNER owns certain real property, in the City of Arroyo Grande, County of San Luis Obispo, State of Californialdescribed as follows: APN 006-153-005 (Parcel 1) : Lots 3 and 4 in Block 10 of the Western Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California as per map recorded April 10, 1894 in Book B, Page 10 of Maps, in the office of the County Recorder of Said County. APN 006-153-011 (Parcel 2) : Lots 1 and 2 in Block 10 of the Western Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County . of San Luis Obispo, State of California as per map recorded April 10, 1894 in Book B, Page 10 of Maps, together with that portion of Cornwall Avenue abandoned by Resolution recorded May 16, 1989 as Instrument No. 30686 in Book 3316, Page 508 of Official Records that would pass with title1 i c APN 006-161)-020 (Parcel 3) : Lots 16, 17, 18 and 19 in Block 1 of the Western Addition to the Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California as per map recorded April 10, 1894 in Book B, } Page 10 of Maps, together with that portion of Cornwall Avenue abandoned by Resolution recorded May 16, 1989 as Instrument No. 30686 in Book 3316, Page 508 of Official Records that would pass S with title1 WHEREAS, the parties, Parcel A OWNER and Parcel B OWNER desire to acquire certain rights in the Servient Tenement owned by the other; Now, therefore, it is agreed as follows : Grant of Easements 1. For valuable consideration in the form of reciprocal easements granted herein, Parcel A OWNER hereby grants to Parcel B OWNER and Parcel B OWNER hereby grants to Parcel A OWNER reciprocal easements Y as hereinafter described. Character of Easements i 2 . The easements granted herein are appurtenant to the Dominant Tenements described herein. a 2 Item 8.h. - Page 4 f Description of Easements 3. The easements granted herein are for common shared driveway, for ingress' and egress, emergency access and public utilities. Location 4 . The common driveway easement for the benefit of `Parcel A owner" is =described in "Exhibit A" attached hereto. The common driveway eaIsement for the benefit of "Parcel B owner" is described in "ExhibitB" attached hereto. Maintenance 5. a. The parties shall each pay one-half (112) of the maintenances of the common driveway, and any common utilities . Each party shall pay for the maintenance of separate utilities located within the easement. b. Bids for maintenance and repair shall be obtained for from at least two (2) contractors . If any party to this easement agreement is a public agency that is required to pay more to contractors', (i . e. "prevailing wage") , then each contractor shall submit a bi$d for a public agency and a bid for a private owner. The private owner party to this agreement shall pay one-half (1/2) of the private owner bid and the public agency shall pay the balance due to the contractor. C. Any damages done during construction shall be repaired by the party doing construction. Exclusiveness of Easements 6. The easements granted herein are for the exclusive, mutual use of Parcel A OWNER and Parcel B OWNER and their invitees, and no other parties shall be allowed access or use thereof . Secondary Easements 7 . The easements granted herein include incidental rights of maintenance; repair, and replacement. Entire Agreement/Modifications 8. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect . No modification, amendment, waiver, discharge or change of this easement shall be valid unless signed by all of the owners and signed by : the Planning Director (or other government official currently performing that function) for the City of Arroyo Grande and recorded in official records of the County of San Luis Obispo. 3 Item 8.h. - Page 5 i t Attorney' s Fees 9. In the event of any controversy, claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney' s fees, and costs . Binding Effect 10. This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Parcel A OWNER and Parcel B OWNER. z IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Parcel A OWNERS: Parcel B OWNER: City of Arroyo Grande T.L. BERRYHILL by: ALVA SUE BEARYHILL Mayor i (Printed name) WILLIAM J.W! CALDER, Co-Trustee of the "William and Candace Calder Family Trust Dated September 29, 1987" s City Clerk i CANDACE CALDER, (Printed name) Co-Trustee of thet ii"William and Candace Calder Family Trust Dated September 29, 1987" 3 JOHN ALBERV MALLORY, Trustee of the "John Albert Mallory and Patricia Gail Mallory 1976 Trust Dated March 1, 1976" f r t 4 Item 8.h. - Page 6 a State of California ) County of San Luis Obispo ) On 2014 before me, , Notary PulAic, personally appeared T.L. BERRYHILL and ALVA SUE BERRYHILL who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument . r I certify under PENALTY OF PERJURY under the laws of the State of Californialthat the foregoing paragraph is true and correct. WITNESS myjhand and official seal . Notary Public j State of California ) County of San Luis Obispo ) On 2014 before me, Notary Public, personally appeared WILLIAM J.W. CALDER and CANDACE CALDER who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,( and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. S 1 I certify nder PENALTY OF PERJURY under the laws of the State of California ,I that the foregoing paragraph is true and correct . WITNESS my1hand and official seal . Notary Public i S Item 8.h. - Page 7 r i State of California ) County of San Luis Obispo ) On 2014 before me, , Notary Public, personally appeared JOHN ALBERT MALLORY who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . z 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 . i Notary Public E i State of California ) County of San Luis Obispo ) On , 2014 before me, Notary Public, personally appeared who proved Ito me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, 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 . Notary Public j 6 Item 8.h. - Page 8 i t i 3 1 1 .State of California ) County of San Luis Obispo ) On 2014 before me, , Notary Public, personally appeared who proved Ito me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entityupon behalf of which the person acted, executed the instrument . 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct . i WITNESS my Band and official seal . Notary Public a r t c t. i 3 } I t 4 i i i i F t t 4 4 t i t ii t OpenFiles/Berryhi11,7.Lk/Easement?orCoz r.Driveway { 7 l Item 8.h. - Page 9 6 i EXHIBIT"A" EASEMENT FOR INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF € "PARCEL A OWNER" i i ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 4, OF THAT CERTAIN GRANT DEED AS DOCUMENT NUMBER 52640,IN.BOOK 2534 AT PAGE 323 OF OFFICIAL RECORDS, S.B.B. &M.,FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF CORWALL AVENUE BY A RESOLUTION { OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE,,A CERTIFIED COPY OF WHICH RECORDED MAY 165 1989 AS DOCUMENT NUMBER 30686'IN BOOK 3316 AT PAGE 508 OF OFFICIAL RECORDS, S.B.B. &M:, FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I THE WESTERLY TWENTY FEET OF PARCEL 4 AS DESCRIBED IN BOOK 2534 AT PAGE 323 OF OFFICIAL RECORDS TOGETHER WITH THE WESTERLY TWENTY FEET OF THAT PORTION OF CORWALL AVENUE AS DESCRIBED IN BOOK 3316 AT PAGE 508 OF OFFICIAL RECORDS. I i CONTAINING 0.071 ACRES,MORE OR LESS SAND Q 0 9062 i 1 k t g(� 1 { 3 i E s f 7 I r PAGE 1 OF 2 i } )f Item 8.h. - Page 10 i i EXHIBIT 1A" (Page 2) ; / I4 CORNWALL AVENUE r N_66°57'00"E N66°57'00'E 148.59' - ---I O � 43.47 ' 100.00' N66°57 173 70' I SCALE: 73.70' 100.00' 111�401 0 23.70' / zo / E SEMENT C' Aj PARCEL 3 ;,a;:; PARCEL 4 ° w ^`' O.R. 2005018800 < 2534 O.R. 323 a o_kI1,` ti! APN 006-161-019 APN 006-161-020 to O / co 0 O° i/ N } 0.33 AC �;; t 0.35 AC i �!. o / pay: o m'h wow '23 22 21 20 ,_ 18 17 16 / i l 51.70 (TyP) / °/ S66°57'00' 226.75 : i/� 15 13 14 p 12 so 5 E. L REFERENCES: UPS N���O RI--B MB 10 � .R2--A MB 56 R3--13 L:S.91 .S. D1--O.R.2005018800 s EASEMENT ACROSS PARCEL 4 D22534 O.R.323 r'9�l FOR INGRESS AND EGRESS FOR D3--3316 O.R. 508 1 THE BENEFIT OF PARCEL 3. LEGEND' PARCEL 4 IN BOOK 2534 AT PAGE 323 OF PARCEL BOUNDARY OFFICIAL RECORDS, S.B.B. & M, FILED IN THE EASEMENT i --------- COUNTY OF SAN LUIS OBISPO, STATE OF EASEMENT AREA CALIFORNIA, TOGETHER WITH THAT PORTION OF ADJACENT PROPERTY LINES CORWALL AVENUE AS DESCRIBED IN BOOK '3316 INTERIOR LOT LINES AT PAGE 508 OF OFFICIAL RECORDS. CENTER LINES - FOR PLAN LINE -•-•-•-•-•-•- THE CITY OF ARROYO GRANDE, CA 300 EAST BRANCH ST. ARROYO GRANDE, CA 93420 BY PLAT NOTE: I GARING TAYLOR & ASSOCIATES THIS_PLAT DOES iNOT CONSTITUTE A LEGAL DESCRIPTION OF 141 S. ELM ST. THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL ARROYO GRANDE, CA 93420 EASEMENTS .OF RECORD ON OR AFFECTING SAID LOTS OR PH: (805) 489-1321 FX: (805)489-6723 PARCELS, AND IS BASED SOLELY ON RECORD DOCUMENTS. SEPTEMBER, 2014 SHEET 2 OF 2 r Item 8.h. - Page 11 R 1 i i EXHIBIT"B" EASEMENT FOR INGRESS AND _EGRESS PURPOSES FOR THE BENEFIT OF"PARCEL B OWNER" i t ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN LUIS;OBISPO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: fi A PORTION OF PARCEL 3,OF THAT CERTAIN GRANT DEED,DOCUMENT NUMBER 20050018800, S.B.B. &M.,FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 COMMENCING AT THE CENTERLINE-CENTERLINE INTERSECTION OF NORTH HALCYON ROAD AND CORNWALL AVENUE AS DEPICTED ON THAT CERTAIN MAP, BOOK 13 OF LICENSED SURVEYS AT PAGE 9, S.B.B. &M., FILED_iN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, THENCE LEAVING SAID INTERSECTION,RUNNING ALONG THE CENTERLINE OF CORNWALL AVENUE,NORTH.66057'00"EAST A DISTANCE OF 431.41 FEET TO A PONT. SAID POINT BEING THE INTERSECTION OF THE CENTERLINE OF CORNWALL AVENUE AND THE NORTH HALCYON PLAN LINE AS DEPICTED ON THAT CERTAIN MAP,BOOK 13 OF LICENSED SURVEYS AT PAGE 9, S.B.B. &M.,FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE CENTERLINE OF CORNWALL AVENUE, NORTH 66 057'00"EAST,A DISTANCE OF 48.59 FEET TO A POINT; THENCE LEAVING CENTERLINE OF CORNWALL AVENUE, SOUTH 23 003'00" EAST;A DISTANCE OF 20.00 FEET TO A POINT; THENCE SOUTH 66 057'00"WEST, A DISTANCE OF 21.70 FEET MORE OR LESS TO A OINT ON THE NORTH HALCYON PLAN LINE; THENCE RINNING ALONG THE NORTH AHLCYON PLAN LINE NORTH 00°11 30"EAST,A DISTANCE-OF 21.70 FEET,MORE OR LESS,TO THE TRUE POINT OF BEGLNNING; 1.AN S CONTAINING 0.024 ACRES,MORE OR LESS 5� S E.R , i � S. 9062 OF t PAGE 1 OF 2 Item 8.h. - Page 12 4 4 { EXHIBIT 'B" (Page 2) / T.P.O.B.° r P.O.0 4. CORNWALL AVENUE N66°57'00 E N66°57'00"E 148.59' O 43,41' - �' 4 v_;, - -- °:;• 8.59' ;o: 100:00' yb ti• '•PARCEL 1��� ;°o�, N. :�V.•;`•.v •:'21.70' .`� rN66°57' 0"E 173.70' i SCALE: ! 73.70' loo.00' 1 '=40' O / 23.70' �0�/ o. W / I PARCEL 3 PARCEL 4 a Z co O.R. 2005018800 2534 O.R. 323 APN 006-161-019 APN 006-161-020 N �' O &60, °O' o 0.33 AC 0.35 AC N �� � 0 o r9 z' 23 22 21 .20 19 18 17 16 3 , 4 i 1 % 25' 51.70' (TYP) S66°5700' 226.75 i 15 13 ' 14 12 g X AND REFERENCES: ©c,�. R1--B MB 10 R2--A.MB 56 0 R3--1.3 L.S.91 D1--O.R.200501$800 ��S. 9 62 * D2--2534 O.R.323 , EASEMENT ACROSS PARCEL 3 D3--3316 O.R. 568 �aFCALt�r FOR INGRESS & EGRESS- FOR THE BENEFIT OF LEGEND: . 1 PARCEL 4. PARCEL BOUNDARY EASEMENT ®°-"-""'- PARCEL 3 OF OFFICIAL RECORDS, DOCUMENT EASEMENT AREA ^`>` ' ADJACENT PROPERTY LINES NUMBER 2005018800, S.B.8: & M, FILED IN THE INTERIOR LOT LINES COUNTY OF SAN LUIS OBISPO, STATE OF CENTER LINES I CALIFORNIA ' PLAN LINE ............ FOR TRUE POINT OF BEGINNING T.P.O.B. THE CITY OF ARROYO GRANDE, CA POINT OF COMMENCEMENT P.O.C. 300 EAST BRANCH ST. ARROYO GRANDE, CA 93420 BY PLAT NOTE: GARING TAYLOR & ASSOCIATES THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF 141 S. ELM ST. THE LOTS OR PARCELS DEPICTED AND DOES NOT.SHOW ALL ARROYO GRANDE, CA 93420 .EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS ,OR PH: (805) 489-1321 FX: (805)489-6723 PARCELS, AND IS _BASED SOLELY ON RECORD DOCUMENTS. SEPTEMBER, 2014 SHEET 2 OF 2 Item 8.h. - Page 13 RECORDING REQUESTED BY AND WHEN RECORDED, MAIL TO: City of Arroyo Grande Attn: City Clerk 300 E. Branch Street Arroyo Grande, CA 93420 j i (This Space For Recorder's Use Only) Fee Exempt per GC Sections 6103 and 27383 GRANT OF REVOCABLE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY I THIS GRANT OF REVOCABLE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY ("AGREEMENT") is made this day of , 2014 by and between the CITY OF ARROYO GRANDE, (the "CITY"), a municipal corporation and T.L. BERRYHILL AND ALVA SUE BERRYHILL, WILLIAM J.W. CALDER AND CANDACE CALDER, AS TRUSTEES OF THE WILLIAM AND CANDACE CALDER FAMILY TRUST DATED SEPTEMBER 29, 1987, AND JOHN ALBERT MALLORY, TRUSTEE OF THE JOHN ALBERT MALLORY AND PATRICIA GAIL MALLORY 1976 TRUST DATED MARCH 1, 1976 (hereinafter referred to collectively as ' LICENSEE"). WHEREAS, CITY is the owner of real property (the "City Property") located at 200 N. Halcyon Rd, Arroyo Grande, California, (APN 006-161-020) which contains a driveway access to Rena Street (the "Driveway") which Driveway is more particularly described in Exhibit "A" and depicted in Exhibit "B", both of which are attached hereto and incorporated herein by this reference. The Driveway is identified as "Parcel 1" in Exhibits"A" and "B"; and WHEREAS, LICENSEE is the owner of certain real property (the "Licensee Property") located at 120 N. Halcyon Rd, Arroyo Grande, California (APN 006-161-019) which is adjacent to the City Property. The Licensee Property is identified as "Parcel 3" and the City Property is identified as "Parcel 4" in Exhibit "B"; and WHEREAS, LICENSEE desires to utilize the Driveway to access Rena Street from the Licensee Property; and Item 8.h. - Page 14 WHEREAS, CITY is willing to allow LICENSEE to utilize the Driveway, subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. CITY hereby grants to LICENSEE a revocable license to use the Driveway for ingress and egress to the Licensee Property, subject to the terms and conditions contained herein. 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 use of the Driveway by LICENSEE, their agents, guests, invitees, assigns or successors in interest, of any kind. 3. CITY may immediately revoke this License without notice for a breach of or failure to comply with any of the terms and conditions set forth herein; CITY may revoke this License without cause upon thirty(30) days written notice to LICENSEE. 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. CITY OF ARROYO GRANDE LICENSEE: By: STEVEN ADAMS, City Manager* T.L BERRYHILL* 2 Item 8.h. - Page 15 ALVA SUE BERRYHILL* ATTEST: KELLY WETMORE, City Clerk WILLIAM J.W. CALDER, as Trustee of the William and Candace Calder Family Trust dated September 29, 1987* APPROVED AS TO FORM: CANDACE CALDER, as Trustee of the William and Candace Calder Family Trust dated September 29, 1987* TIMOTHY J. CARMEL, City Attorney [* signatures must be notarized] JOHN ALBERT MALLORY, as Trustee of the John Albert Mallory and Patricia Gail Mallory 1976 Trust dated March 1, 1976* 3 Item 8.h. - Page 16 EXHIBIT"A" REVOCABLE LICENSE FOR INGRESS AND EGRESS PURPOSES FOR THE BENEFIT OF PARCEL 3 PARCEL I ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF PARCEL 4, OF THAT CERTAIN GRANT DEEDAS DOCUMENT NUMBER 52640, IN BOOK 2534 AT PAGE 323 OF OFFICIAL RECORDS, S.B.B. &M., FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY FOURTEEN FEET OF PARCEL 4 OF THAT CERTAIN GRANT DEED AS DOCUMENT NUMBER 52640, IN BOOK 2534 AT PAGE 323 OF OFFICIAL RECORDS, S.B.B. &M., FILED IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, CONTAINING 0.071 ACRES, MORE OR LESS p �.t L.S. 9062 OF CAt�� t� 1 V -1, PAGE 1 OF 1 Item 8.h. - Page 17 EXHIBIT "B" 1� CORNWALL AVENUE N_66°57'00"E N66°57'00"E 148.59' Z�4 T3-.-47- 100.00' - h� / .C\? Q N66°57' 0"E 173.70' I SCALE: g/ 73.70' 100.00, 1"=40' 0 23.70' 0 k- $ °rn° .11/ PARCEL 3 PARCEL 4 o Z O.R. 2005018800 2534 O.R. 323 > APN 006-161-019 APN 006-161-020 0 N t 0.33 AC t 0.35 AC ul ? ro ° o co w j w� y'23 22 21 20 19 14'18 17 16 ' / 3 REVOCABLE LICENSE \ / PARCEL 1 51.70' ?17I 1 .: S66'57'00'W 226.75 i / 15 13 ' / 14 12 �o D s� . REFERENCES: R1--B MB 10 0 R2--A MB 56 R3--13 L.S. 91 9062 D1--O.R. 2005018800 REVOCABLE LICENSE ACROSS D2--2534 O.R. 323 PARCEL 4 FOR INGRESS AND D3--3316 O.R. 508 q�OF C EGRESS FOR THE BENEFIT OF LEGEND: PARCEL 3. PARCEL BOUNDARY EASEMENT --------- PARCEL 4 IN BOOK 2534 AT PAGE 323 OF EASEMENT AREA ADJACENT PROPERTY LINES OFFICIAL RECORDS, S.B.B. & M, FILED IN THE INTERIOR LOT LINES COUNTY OF SAN LUIS OBISPO, STATE OF CENTER LINES _ CALIFORNIA. PLAN LINE FOR THE CITY OF ARROYO GRANDE, CA 300 EAST BRANCH ST. ARROYO GRANDE, CA 93420 BY PLAT NOTE: GARING TAYLOR & ASSOCIATES THIS PLAT DOES NOT CONSTITUTE A LEGAL DESCRIPTION OF 141 S. ELM ST. THE LOTS OR PARCELS DEPICTED AND DOES NOT SHOW ALL ARROYO GRANDE, CA 93420 EASEMENTS OF RECORD ON OR AFFECTING SAID LOTS OR PH: (805) 489-1321 FX: .(805)489-6723 PARCELS, AND IS BASED SOLELY ON RECORD DOCUMENTS. SEPTEMBER, 2014 SHEET 1 OF 1 Item 8.h. - Page 18 I