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R 4709 RESOLUTION NO. 4709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING A PUBLIC UTILITY EASEMENT, A PUBLIC CREEK EASEMENT AND A PUBLIC STREET TREE EASEMENT AND APPROVING LICENSE AGREEMENTS; LOCATED AT 139 WEST BRANCH STREET WHEREAS, Minor Use Permit-Plot Plan Review 12-006 was approved April 30, 2013, for the renovation and remodel of a locally designated historic commercial structure; and WHEREAS, conditions of this approval required the dedication of a Public Utility Easement, a Public Creek Easement, and a Public Street Tree Easement; and WHEREAS, additional conditions of this approval required the grant of License Agreements for use of City property, consisting of unimproved right-of-way; and WHEREAS, accepting the dedicated easements will provide for riparian habitat conservation, as well as providing access for the maintenance of utilities and street trees; and WHEREAS, the City Council has reviewed the item in compliance with the California Environmental Quality Act (CEQA) and has determined it is exempt from CEQA per Section 15061(b)3 of the CEQA Guidelines. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby accept the Public Utility Easement, Public Creek Easement, and Public Street Tree Easements and authorizes the Mayor to execute Certificates of Acceptance; and further approves the License Agreements for the use of City property and authorizes the City Manager to execute the agreements, all as shown in Exhibit "A", . attached hereto and incorporated herein by this reference. On motion by Council Member Guthrie, seconded by Council Member Barneich, and on the following roll call vote, to wit: AYES: Council Members Guthrie, Barneich, Brown, Harmon, and Mayor Hill NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 8th day of March, 2016. RESOLUTION NO. 'I-7b6/ PAGE 2 JI HILL, MAYOR ATTEST: ' 1 / (AWIlitteti- KELL ' WE ORE, CITY CLERK APPROVED AS TO CONTENT: / , DIANNE THOMPS'CITY MANAGER APPROVED AS TO FORM: THER K. WHITHAM, CITY ATTORNEY EXHIBIT A RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF ARROYO GRANDE CITY CLERK 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 Fee Exempt per GC Sections 6103 and 27383 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC UTILITY EASEMENT THIS OFFER TO DEDICATE is made this day of 20 ; by MFI, Limited, a California limited partnership, hereinafter termed Offeror. WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate a public utility easement, which offer may be accepted at any time by the City of Arroyo Grande. NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described in Exhibit A and shown schematically in Exhibit A-1, both of which are attached hereto and incorporated herein by this reference. 2. That said Offeror does hereby offer irrevocably and in perpetuity to the City of Arroyo Grande a public utility easement and incidental uses, over, under, upon and across the property described in Exhibit B and shown schematically in Exhibit B-1, both of which are attached hereto and incorporated herein by, this reference. 3. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Arroyo Grande may, at any time in the future accept said offer of dedication of the public utility easement. 4. That said Offeror agrees that this irrevocable and perpetual offer to dedicate is and shall be binding on their heirs, legatees, successors and assignees. IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first above written. MFI, Limi :s By: a al. Offeror: Offeror Offeror Offeror Page 2 ACKNOWLEDGMENT 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 9 On a.►. a 20 t 10 before me, I— • 6c i ,1•10 l (insert name and title of the oi ) personally appeared 41)1„4„P,.3' . nAga-itit-44 #A.o who proved to me on the basis of satisfactory evidence to be the person t ose name(V is/alb subscribed to the within instrument and acknowledged to me that heis4elth4y executed the same in his/I-width r authorized capacity(i4), and that by hisitierith,bir signature(d)on the instrument the person(s),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. L.BORBA WITNESS my hand and official seal. '`_ Commission 0 2115177 g'.a Notary Public-California a t � 1R f San Luis Obispo County A;� M Comm.E Tres Jui 10 2019 Signe.� (Seal) Page 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Irrevocable and Perpetual Offer to Dedicate dated , 20_ from , to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453, recorded the 26th day of August 1960, in Volume 1081, Official Records, Page 344, San Luis Obispo County, California, and the City consents to recordation thereof by its duly authorized Mayor. Dated: CITY OF ARROYO GRANDE By JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK C EXHIBIT A Legal Description MFI Property Lot 1 of Lowe's Addition to the City of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 6, 1906 in Book B, Page 8 of Maps, in the office of the County Recorder of said county. * * * I , EXHIBIT A - 1 MFI PROPERTY LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED INI BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA POINT OF BEGINNING A _F \S T ST e � � • T Cy LOT 2 B MB 8 ::- LOT 1 :- B MB 8: iN -:•:::::•:::- :•••• •--.-..:::: -:..O�J�Jr i � r�OOJ] oiN .. : tn• P2 O 0' 20' - - SCALE. 1" = 20' LC I 1 LOT 16 \ i- ,NI MICHAEL B. STANTON, PLS 5702 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 =L-:4 NO=SUR=VE:"S= 805594-19-60 = - _ ?JOB- NO. '12-0.0:8,. 4 EXHIBIT B Legal Description Public Utility Easement A portion of Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County, California described as follows; Beginning at a 5/8" rebar with cap "LS 5702"set at the most westerly corner of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the office of the County Surveyor of said County, thence 1) North 80° 54' 31" East 17.64 feet along the northerly line of said Lot to a point of intersection with a line that is parallel with and 6 feet offset from the existing back of sidewalk along the southerly side of West Branch Street; thence 2) South 77° 51'41"West along the along said offset line 17.26 feet to the southwesterly line of said Lot 1; thence 3) North 33°08' 00"West along said lot line 1.00 feet along said southwesterly line to the point of beginning. The above-described parcel contains 8 square feet, more or less. The above-described parcel is graphically shown on Exhibit B-1 attached hereto and made a part hereof. * * * ! ,r,;— \ ` %T ' wry z ' ° L{C. C. 5702 *Jr ' Exp. 9/2O__- /I N F � �.: Date: /2. - - -2e2./. M:\12-008 139 West Branch-AG\PDF\EASEMENTS\139 W Branch PUE Legal Description.doc 7/14/2014 1:21 PM r -r- . �. . EXHIBIT B - 1 PUBLIC UTILITY EASEMENT (PUE) A PORTION OF LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA EXISTING �\ RIGHT OF WAY LINE ST � ei4\ .qN , POINT OF BEGINNING N80'54'31"E 17.64'- N33'08'00"W 1.00' r 7%L HATCHED AREA INDICATES PUBLIC UTILITY EASEMENT S77'51'41"W 17.26' C O - LOT 2 E B MB 8 LOT 1 B MB 8 N W W LOWE'S ADDJ TJ ON N 0 20' Fl SCALE: 1" = 20' m ` MFI PROPERTY CO E) Q(7 1111 3 ' rn r MICHAEL B. STANTON, PLS 5702 �.` 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 _-MVS115-SC/=R_VZY-S 805-5 94-1'960 JOB NO. -12-008 - RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF ARROYO GRANDE • CITY CLERK 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 Fee Exempt per GC Sections 6103 and 27383 . IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC CREEK EASEMENT THIS OFFER TO DEDICATE is made this day of 20 , between MFI, Limited, a California limited partnership, hereinafter termed Offeror. WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate a public creek easement, which offer may be accepted at any time by the City of Arroyo Grande. NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described in Exhibit A and shown schematically in Exhibit A-1, both of which are attached hereto and incorporated herein by this reference. 2. That said Offeror does hereby offer irrevocably and in perpetuity to the City of Arroyo Grande an easement for public creek purposes, along with any appurtenances and incidental uses, over, under, upon and across Parcel A described in Exhibit B and shown schematically in Exhibit B-1, both of which are attached hereto and incorporated herein by this reference. , 3. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Arroyo Grande may, at any time in the future accept said offer of dedication of the public creek easement. 4. That said Offeror agrees that this irrevocable and perpetual offer to dedicate is and shall be binding on their heirs, legatees, successors and assignees. 5. That said Offeror agrees to uphold General Plan policies with activities and maintenance that enhance natural creek functions and values by providing erosion control, sedimentation prevention, enhancement of riparian habitat corridors, water quality protection and aesthetic and recreational opportunities as agreeable to the City. Page 1 , IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first above written. MFI, ',•ited ttBy. . Offeror Offeror Offeror • Page 2 .. ACKNOWLEDGMENT 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 -..Lixts Clasp=) On ZAN. aa, DO I Le before me, .)pr I., s (insert name and title of the bfficer) personally appeared y eared pp Arlek"to �• who proved to me on the basis of satisfactory evidence to be the pers nN.)whose name ]is/a1tg subscribed to the within instrument and acknowledged to me that he/s Xtthly executed the same in his/he0h11r authorized capacity(i ), and that by hisiher/thtir signature{)on the instrument the person(s),or the entity upon behalf of which the persontacted, executed the instrument l 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. �) �•on•2 :;�!�., Commission•2115177 Notary Public-California z _ San Luis Obispo County r My Comm Fxpires Jul 10,2019 i Signa V %'�y �. (Seal) - - - w - — —— — Page 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Irrevocable and Perpetual Offer to Dedicate dated , 20_ from , to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453, recorded the 26th day of August 1960, in Volume 1081, Official Records, Page 344, San Luis Obispo County, California, and the City consents to recordation thereof by its duly authorized Mayor. Dated: CITY OF ARROYO GRANDE By JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK EXHIBIT A Legal Description MFI Property Lot 1 of Lowe's Addition to the City of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 6, 1906 in Book B, Page 8 of Maps, in the office of the County Recorder of said county. * * * • EXHIBIT A - 1 MFI PROPERTY LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA POINT OF BEGINNING IA _ FS T 1 E N F T C�, LOT 2 B MB 8 ::. LOT 1 : :.:B M B 8:•: %V .::.::: :.::.EE::i;..:.:.--::::-.::-.•••• : - •: L O\JV r iS ADDJTJ ON : :::`- LS N 0' 20' 0 --.... - SCALE. 1" = 20' (.L LO LOT 1 6 \ 40- Ilair __ :•, : ' MICHAEL B. STANTON, PLS 5702 _ 3563 SUELDO ST. UNIT Q -_ SAN LUIS OBISPO, CA 93401 CANO S1uR=VE--YS_-_805-594-1960 JOB NO, 12-008 EXHIBIT B Legal Description Creek Easement A portion of Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County, California described as follows; Beginning at a nail with brass tag stamped "LS 5702" set at the most southerly corner of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the office of the County Surveyor of said County, thence 1) North 56° 52' 00" East 53.13 feet to the southeasterly corner of said Lot; thence 2) North 33° 08' 00"West 12.45 feet along northeast line of said Lot to the intersection with a line that is 35 feet offset from and parallel with the northerly top of bank of Arroyo Grande Creek; thence 3) South 63° 28' 20"West 28.47 feet along said offset line; thence 4) South 69° 02' 52"West 25.41 feet along said offset line to the southwesterly line of said Lot; thence 5) South 33° 08' 00" East 21.09 feet along the southwesterly line of said Lot to the Point of Beginning. The above-described parcel contains 856 square feet, more or less. The above-described parcel is graphically shown on Exhibit B-1 attached hereto and made a part hereof. * * * SAND S c)<`' B ST°'AL v ZP Z �� U O Z >, NO 5�`' \e l ` eOF CA��F° / -7,---3„. Michael B. Stanton, PL55702 Date Friday, August 28, 2015; 1:46 PM - Page 1 of 1 M:\12-008 139 West Branch-AG\EASEMENTS\139 W Branch Creek Esmt.doc ' Randy Ellison,LS7065 EXHIBIT B - 1 CREEK EASEMENT PORTION OF LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA VV LOT 2 Si- r @R B M B 8 FFT 'qA, LOT 1 B MB 8 /N -1- LOWE'S ADDflH ON L? 0' 20' ° __—_ O F SCALE: 1" = 20' k. . Co co N (.0 3 N E, E, , 533'08'00"E 21.09' 5625.41 41' 563'28'20"w 28.47' D POINT OF BEGINNING N33'08'00"W 12.45' PARCEL A PARCEL A N56'52'00"E 4.44' °If/j/ A HATCHED AREA N /� ////////// INDICATES CREEK EASEMENT 56'52'00"E 53.13' �v��A P 3 V g w W L U C TOP OF - TOP OF 3 CREEK BANK _ - _ _ - / CREEK BANK i M I�^^ " 04\ w \ LOT 16 Ds a AREA DEDICATED TO CITY Y OF A.G. PER PARCEL MAP AG-88-095_ 0 46 PM 27 " LOT 15 ` °`� � \MICHAEL R. STANTON, PLS 5702 `� g.P 3.5 > ',' - °_ 63 SUELDO ST. UNIT Q '' - om- SAN LUIS OBISPO, CA 93401 LA_NO=SU-RVE=Y.S= 805-594-1 9-60 'August 28;. 2015 JOB _#12-008 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF ARROYO GRANDE CITY CLERK 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 Fee Exempt per GC Sections 6103 and 27383 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC STREET TREE EASEMENT THIS OFFER TO DEDICATE is made this day of 20 , by MFI, Limited, a California limited partnership, hereinafter termed Offeror. WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate a public street tree easement, which offer may be accepted at any time by the City of Arroyo Grande. NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described in Exhibit A and shown schematically in Exhibit A-1, both of which are attached hereto and incorporated herein by this reference. 2. That said Offeror does hereby offer irrevocably and in perpetuity to the City of Arroyo Grande an easement for public street trees, along with any appurtenances and incidental uses, over, under, upon and across the following property described in Exhibit B and shown schematically in Exhibit B-1, both of which are attached hereto and incorporated herein by this reference. 3. That within said easement, the City of Arroyo Grande shall have the right to require Offeror to install, operate, maintain, repair, replace, and enlarge or decrease the size of public street trees, along with any appurtenances and incidental uses. 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Arroyo Grande may, at any time in the future accept said offer of dedication of the public street tree easement. 5. That said Offeror agrees that this irrevocable and perpetual Offer to dedicate the public street tree easement is and shall be binding on their heirs, legatees, successors and assignees • IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first above written. MFI, Lip-' By: AIL_ Offeror Offeror Offeror Offeror Page 2 ACKNOWLEDGMENT 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 L County of t S I31101 ?C)) On D t Le before me0 c, (insert name and title of the offs r) . personally appeared � a .l _ a who proved to me on the basis of satisfactory evidence to be the person' 'hose name(§1 is/- e subscribed to the within instrument and acknowledged to me that he/s)elt1yey executed the same in hislhilr Air authorized capacity4),and that by his/hdrlthbir signature(I)on the instrument the persons%or the entity upon behalf of which the person(4&)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. L.BORBA WITNESS my hand and official seal. . s?+'�' Commission 0 2115177 . - 71 Notary Public-California i'.n/ San Luis Obispo County Comm.Ex inns Jul 10,2019 Signatur (Seal) Page 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Irrevocable and Perpetual Offer to Dedicate dated , 20_ from , to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453, recorded the 26th day of August 1960, in Volume 1081, Official Records, Page 344, San Luis Obispo County, California, and the City consents to recordation thereof by its duly authorized Mayor. Dated: CITY OF ARROYO GRANDE By JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK EXHIBIT A Legal Description MFI Property Lot 1 of Lowe's Addition to the City of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 6, 1906 in Book B, Page 8 of Maps, in the office of the County Recorder of said county. * * * 1 EXHIBIT A - 1 MFI PROPERTY LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA POINT OF BEGINNING Iw _ )4 -41 N 7- cti LOT 2 ' ;;:.:;:;:l..;:::;‘:::::::-;.:::.-i:::::::::::::.-.:::!;1:1::::1‘.::::'::1:-:.:.;-:i:-.::::::::.:::::::•:::::::1:::::../..::::ii.:;::-/:::::?::: :::.:..1:::::.::.:.':!::::::::;:.1.1.:;::: B MB 8 LOT 1 :-: :- :: :.B .M B 8 --�--:.::-::::•0Wr1S ADD.MIOj\J LT)' 7 --j N 0' 20' - =- SCALE 1" = 20' CO LO . - - 1 1 LOT 1 6 \ i- ..>:; MICHAEL B. STANTON, PLS 5702 illi' . 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 - -L-ANO EXHIBIT B Legal Description Street Tree Easement - A portion of Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County, California described as follows; Beginning at a 5/8" rebar with cap "LS 5702" set at the most westerly corner of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the office of the County Surveyor of said County, thence 1) North 80° 54' 31" East 58.17 feet to the northeasterly corner of said Lot; thence 2) South 33° 08' 00" East 1.98 feet along the northeasterly line of said Lot to a point of intersection with a line that is parallel with and 6 feet offset from the existing back of sidewalk along the southerly side of West Branch Street; thence 3) South 77°51'41"West along said offset line 56.90 feet to the southwesterly line of said Lot; thence 4) North 33°08' 00"West along said southwesterly line 5.29 feet to the Point of Beginning. The above-described parcel contains 193 square feet, more or less. The above-described parcel is graphically shown on Exhibit B-1 attached hereto and made a part hereof. * * * / ,V Vii. ;y" 1v f f 'i:// 7/ ' - °t v= 3 - ' ' 4.),i 1 , 't*:A: !!C. .0 5702 ill*1 ' \-,,y \ .,- V"2-0____I/ /y I} ,�,GM Y ' 0Date: /Z "Z - /7 M:\12-008 139 West Branch-AG\PDF\EASEMENTS\139 W Branch Street Tree Esmt Legal Descnption.doc 7/14/2014 1:26 PM EXHIBIT B - 1 STREET TREE EASEMENT A PORTION OF LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA EXISTING k/ RIGHT OF WAY LINE ST ,qN c POINT OF BEGINNING S TR N33'08'00"W 5.29' �''' /Vet �\ \ III0� 31 F �� s >�i,.,, �==i w 36 90/•,♦''��46,.� LOT 2 B MB 8 „ S33'08'00"E 1.98' LOT 1 B M B 8 HATCHED AREA INDICATES STREET TREE EASEMENT N .d /N L OWr i J AOOJ rJ ON in w N X 0' 20' a0 U, SCALE: 1" = 20' W r Co L7 n rn 0 n U 6 I U ft M- 3 m n - o 0 N M M 1 Is _ "°` MICHAEL B. STANTON, PLS 5702 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 ' _ FLA=NO SOtWt_YS_= 805-594-1 960 JOB NO. 12-008 , RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF ARROYO GRANDE CITY CLERK 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 GRANT OF NONEXCLUSIVE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of Nonexclusive License and Agreement Affecting Real Property ("AGREEMENT") is entered into as of , 20 by and between the CITY OF ARROYO GRANDE, (the "CITY"), a municipal corporation organized under the laws of the State of California, and MFI, Limited (the "LICENSEE"), a California limited partnership. WHEREAS, LICENSEE owns the property located at 139 West Branch Street, Arroyo Grande, California; and WHEREAS, CITY owns property at the front of the property located at 139 West Branch Street; and WHEREAS, LICENSEE has received approval from the Community Development Director to renovate the fagade and remodel the rear portion of the locally designated historic structure located at 139 West Branch Street (Plot Plan Review 12-006); and WHEREAS, Plot Plan Review 12-006 contains conditions of approval that must be implemented by LICENSEE; and WHEREAS, Condition of approval No. 7 requires LICENSEE to obtain permission to use the property adjacent to the front of 139 West Branch Street, owned by CITY; and WHEREAS, CITY desires to allow LICENSEE to use CITY's property as part of LICENSEE's use of its property located at 139 West Branch Street. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Grant of License. CITY hereby grants to LICENSEE a license to use the property described in Exhibit A and shown schematically in Exhibit A-1 ("Property"), both of which are attached hereto and incorporated herein by this reference, subject to the following terms and conditions: 1 - a. LICENSEE agrees to maintain the Property including maintaining and replacing the landscaping, street trees and plaza improvements located on the Property to the satisfaction of the City. b. LICENSEE agrees LICENSEE's use of the Property is restricted to landscaping and a paved plaza. c. LICENSEE understands that LICENSEE's use of the Property is not exclusive and that the Property may be accessed by the general public. 3. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless CITY, its officials, employees and agents, from and against any and all liability, loss, costs (including reasonable attorney fees), or claims for personal injuries or property damage arising out of, in whole or in part, LICENSEE'S or LICENSEE'S agents, contractors, assignees or successors in interest, of any kind, use of the Property. 4. Revocation. 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. 5. Notice. Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To CITY: City of Arroyo Grande Attn: Dianne Thompson 300 E. Branch Street Arroyo Grande, CA 93420 To LICENSEE: 6. Binding Effect. This Agreement shall be binding upon the successors in interest of any kind to the property. 7. Attorney's Fees. 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. 2 8. Amendment. This Agreement may not be amended or altered except by an instrument in writing executed by CITY and LICENSEE. 9. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the inclusion of which would adversely affect the validity, legality or enforcement of this Agreement shall have no effect, but all remaining provisions of this Agreement shall remain in full force. 10. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with California law. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF ARROYO GRANDE MFI,. T lb By: I DIANNE THOMPSON City Manager ATTEST: KELLY WETMORE City Clerk APPROVED AS TO FORM: HEATHER WHITHAM City Attorney 3 ACKNOWLEDGMENT 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 (.4.1..t County of, ,�, g o ) On .J0►*. Ad--1 al.�114 before me,J• b7t .0 (insert name an tl o th ( am tf e f e officer) personally appeared A,,r,aI,„e.,‘ . vie. who proved to me on the basis of satisfactory evidence to be the persons whose name*is/a'e subscribed to the within instrument and acknowledged to me that he/she/06y executed the same in his/h" /thhr authorized capacity(i@s),and that by histllerlti it signatureN 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. - L.BORBA WITNESS my hand and official seal. Cr; Commission#2115177 :: . Notary Punk-Cttitirti/ �►% Stn Luis Obispo County M Comm.E Ives Jul 10 2019 Signa (Seal) Page's EXHIBIT A Legal Description Nonexclusive License and Agreement Affecting Real Property A portion of Branch Street adjacent to Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County, California described as follows; Beginning at a 5/8" rebar with cap "LS 5702"set to mark the most westerly corner of said Lot-1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the office of the County Surveyor of said County, thence along the southerly right-of- way of West Branch Street 1) North 80° 54' 31" East, 58.17 feet to the northeasterly corner of said Lot; thence along the northwesterly projection of the northeasterly line of said Lot 2) North 33° 08' 00"West, 8.76 feet to the existing back of sidewalk along the southerly side of West Branch Street; thence along said back of sidewalk 3) South 77° 51' 36"West, 58.90 feet to the northwesterly projection of the southwesterly line of said Lot; thence along said projection 4) South 33° 08' 00" East, 5.44 feet to the Point of Beginning. The above-described parcel contains 377 square feet, more or less. The above-described parcel is graphically shown on Exhibit A-1 attached hereto and made a part hereof. * * * cs) SAND v ZP 9 � 2 � U O �7 ,E UG NO 5702 �9TF OF AL\F�e L ichael B. Stanton, PLS5702 Date Wednesday, August 26, 2015; 2:07 PM Page 1 of 1 M:\12-008 139 West Branch-AG\EASEMENTS\139 W Branch Street Rev ROW Esmt Legal Description.doc Randy Ellison,LS7065 EXHIBIT A - 1 NONEXCLUSIVE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY A PORTION OF WEST BRANCH STREET, ADJACENT TO LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA EXISTING RIGHT OF WAY LINE � 7 S33'08'00"E 5.44' vQ _ / 1/\/ cy POINT OF BEGINNING \\\\ S>>• S7 \\\ s136'w \\ S69 \\ 0 as .\\\\\\‘‘ 3 S8 N33'08'00"W 8.76' i E LOT 2 B MB 8 N 1D LOT 1 HATCHED AREA INDICATES B M B 8 LICENSE AREA FOR USE OF CITY PROPERTY 0 X IOW ' S ADDJ rJ OJN IT) o' 20' W O I SCALE: 1" = 20' Co C/7 d ' 00 O !,-: ; `x MICHAEL B. STANTON, PLS 5702 ' °a°� �-� _ors 3563 SUELDO ST. UNIT Q ` `'_= SAN LUIS OBISPO, CA 93401 8 0 5—5 9 4 1 9 6 0 August 26, 2015 JOB #12-008 1RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF ARROYO GRANDE CITY CLERK 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 GRANT OF NONEXCLUSIVE LICENSE AND AGREEMENT AFFECTING REAL PROPERTY THIS Grant of Nonexclusive License and Agreement Affecting Real Property ("AGREEMENT") is entered into as of , 20 by and between the CITY OF ARROYO GRANDE, (the "CITY"), a municipal corporation organized under the laws of the State of California, and MFI, Limited (the "LICENSEE"), a California limited partnership. WHEREAS, LICENSEE owns the property located at 139 West Branch Street, Arroyo Grande, California; and WHEREAS, CITY owns property to the rear of the property located at 139 West Branch Street adjacent to the creek; and WHEREAS, LICENSEE has received approval from the Community Development Director to renovate the façade and remodel the rear portion of the locally designated historic structure located at 139 West Branch Street (Plot Plan Review 12-006); and WHEREAS, Plot Plan Review 12-006 contains conditions of approval that must be implemented by LICENSEE; and WHEREAS, Condition of approval No. 7 requires LICENSEE to obtain permission to use the property behind 139 West Branch Street, owned by CITY; and WHEREAS, CITY desires to allow LICENSEE to use CITY's property as part of LICENSEE's use of its property located at 139 West Branch Street. NOW, THEREFORE, in consideration of the terms and conditions contained herein, the parties agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Grant of License. CITY hereby grants to LICENSEE a license to use the property contained in Parcel B described in Exhibit A and shown schematically in Exhibit A-1 ("Property"), both of which are attached hereto and incorporated herein by this reference, subject to the following terms and conditions: 1 a. LICENSEE agrees to maintain the Property and repair improvements such as fencing, permeable paving, decomposed granite path, directional and informational signs, and native landscaping on the Property following best management practices acceptable to the CITY. b. LICENSEE understands that LICENSEE's use of the Property is not exclusive and that the Property includes a segment of public path that may be connected to a public trail system accessed by the general public in the future. c. For the purposes of protecting biological resources, with respect to the Property, LICENSEE shall not nor shall LICENSEE allow the construction or placement of any kind of temporary or permanent structures, parking, grading or solid paving of any kind, storing or working on vehicles, equipment or material storage, agricultural development, removal or alteration of native plants or animals, landscaping with plant species that are known to be invasive in nature or otherwise hazardous to native species, animal raising and keeping of specialized animal facilities, or any activity that would accelerate soil erosion and subsequent sedimentation of the adjacent creek. 3. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless CITY, its officials, employees and agents, from and against any and all liability, loss, costs (including reasonable attorney fees), or claims for personal injuries or property damage arising out of, in whole or in part, LICENSEE's or LICENSEE's agents, contractors, assignees or successors in interest, of any kind, use of the Property. 4. Revocation. 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. 5. Notice. Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given either by: (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: To CITY: City of Arroyo Grande Attn: Dianne Thompson 300 E. Branch Street Arroyo Grande, CA 93420 To LICENSEE: 2 6. Binding' Effect. This Agreement shall be binding upon the successors in interest of any kind to the property. 7. Attorney's Fees. 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. 8. Amendment. This Agreement may not be amended or altered except by an instrument in writing executed by CITY and LICENSEE. 9. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the inclusion of which would adversely affect the validity, legality or enforcement of this Agreement shall have no effect, but all remaining provisions of this Agreement shall remain in full force. 10. Governing Law. The validity, meaning, and effect of this Agreement shall be determined in accordance with California law. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first written above. CITY OF ARROYO GRANDE MFI I ED By. ►111 DIANNE THOMPSON City Manager ATTEST: KELLY WETMORE City Clerk APPROVED AS TO FORM: HEATHER WHITHAM City Attorney 3 • • ACKNOWLEDGMENT 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 �l County of ,. ,IS l_J�15(')C) ) • Can . Ot9 r 11.0 before me,el. Ic i2,l S f v� wC3LJc (insert nam Ind title of the officer) personally appeared III oteeitss ) 0.M _advnD who proved to me on the basis of satisfactory evidence to be the person(swhose named isles subscribed to the within instrument and acknowledged to me that he/s'he/titsly executed the same in his/hlrithNr authorized capacity(ih),and that by his/hterlth*ir signathre¢s,)on the instrument the person(), or the entity upon behalf of which the personN)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. L.ROAM WITNESS my hand and official seal. Commtstion 12f 1SYTT Pubbe-Catibirois `l % tin lots Obispo Count no. M Comm, nu Jul 10 2019 Signa , � ,.� (Seal) Page�' EXHIBIT A Legal Description Use of City Property Portions of Lot 15 and Lot 16 of Lowe's Addition to the Town of Arroyo Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County, California described as follows; Beginning at a nail with brass tag stamped "LS 5702"set at the most southerly corner of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records_at Page 57 in the office of the County Surveyor of said County, thence 1) North 56° 52' 00" East a distance of 53.13 feet to the southeasterly corner of said Lot; thence along the northeasterly line of said Lot 16 2) South 33° 08' 00" East, 22.78 feet; thence leaving the northeasterly line of said Lot 16 and along the existing top of bank of Arroyo Grande Creek 3) South 63° 28' 20"West, 34.23 feet; thence 4) South 69° 02' 52"West, 7.60 feet to the northerly line of Traffic Way being a point on a non-tangent curve, concave southerly, having a radius of 1850.00 feet, a radial to said point bears North 14° 07' 11" East; thence leaving said existing top of bank of Arroyo Grande Creek 5) westerly along the arc of said curve through a central angle of 0° 43' 53" an arc distance of 23.61 feet to the northwesterly line of said Lot 16; thence 6) North 56° 52' 00" East 4.44 feet along the northwesterly line of said Lot 16 to the Point of Beginning. The above-described parcel contains 980 square feet, more or less. The above-described parcel is graphically shown on Exhibit A-1 attached hereto and made a part hereof. * * * LAND S 4,7 B ST�S'L v O z Z LI\ C 0 5702 ,F / Michael B. Stanton, PLS5702 Date Wednesday, August 26, 2015; 1:12 PM Page 1 of 1 M:\12-008 139 West Branch-AG\EASEMENTS\139 Branch Use Esmt.doc Randy Ellison,LS7065 EXHIBIT A - 1 USE OF CITY PROPERTY PORTIONS OF LOT 15 AND LOT 16 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA VV LOT 2 STgF eR B MB 8 FT -9NCy LOT 1 B MB 8 /N - -1- LOWE' S ADDJ JO1\J Ls 0 W ce k 0' 20' a _ N SCALE: 1" = 20' N O N vs N LO 1 W • 0 0_ 4 POINT OF BEGINNING O W 0 m N56'52'00"E 4.44' x — N56'52'00"E 53.13' �_' N56'52'00"E 57.57' �� PARCEL B D=0'43'53"��\ . HATCHED AREA W R=1850.00'NPARCEL B oo INDICATES USE OF -- -- - -- - - - -- -- - ------- -- -- L=23.61' ��-�� CITY PROPERTY_ S69'02 2°W 7.60'- \ 0 TOP OF 3 TOP OF I � �� S63'28\\\ \ "i CREEK BANK — CREEK BANK /� 20"�Y 34.23, co M / I� /01 ��7 LCn 1 \ \....1 /09 LOT 1 6 ,Do N AREA DEDICATED TO - 3 CITY OF A.G. • �� PER PARCEL MAP AG-8R-075_ CO 46 PM 27 O 2 LOT 15 -8`,;_a ICHAEL B. STANTON, PLS 5702 1 'µ , % -`` , 63 SUELDO ST. UNIT Q " ' '' ` '' '"" ` ` �` 4 SAN LUIS OBISPO, CA 93401 L=W:N_O=S:UR_VEYS= 805-594- 1960 T� August 26, 2015 JOB #12-008 OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4709 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 8th day of March, 2016. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of March, 2016. 6(h.(14/LOrt-12-- KELLY WET,i ORE, CITY CLERK