R 4070 RESOLUTION NO. 4070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE APPROVING AN EASEMENT
AGREEMENT FOR SANITARY SEWER PURPOSES WITH
GARY YOUNG AND BRETT WHITAKER FOR TRACT
2792
WHEREAS, Gary Young and Brett Whitaker received approval for Vesting Tentative ~
Tract Map 2792 on September 26, 2006; and '
WHEREAS, the City owns, operates and maintains sanitary sewer mains within the
project limits, and I
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WHEREAS, Gary Young and Brett Whitaker are required to relocate existing sanitary
sewer improvements to facilitate construction of homes; and
WHEREAS, the City anticipates that it will accept ownership of the relocated sanitary
sewer main when all project improvements are fully constructed; and
WHEREAS, the City anticipates that it wi11 relinquish all interest in the existing sanitary
sewer easement when such alternate improvements are fully constructed and accepted.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby approve the Sewer Easement Agreement attached hereto as
Exhibit "A", and authorizes the Mayor to execute the Agreement.
On motion of Council Member Costello, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Costello, Guthrie, Arnold, Fellows, and Mayor Ferrara
NOES: None
ABSENT: None
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the foregoing Resolution was passed and adopted this 12th day of February 2008
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RESOLUTION NO.!-~o~0
PAGE 2
TONY FE AR OR
ATTEST:
'I.~O
KELLY WET OR ITY CLERK
APPROVED AS TO CONTENT:
STEV~MS, CITY MANAGER
APPROVED AS TO FORM:
/
TIM THY J. EL, CITY ATTORNEY
Exhibit "A" ~
RECORDING REQUESTED BY
AND WHEN RECORDED _
RETURN TO:
City of Arroyo Grande
City Clerk
P.O. Box 550
Arroyo Grande, CA 93421 ~
SEWER EASEMENT AGREEMENT
THIS AGREEMENT, is made this day of 11~j~~~n~f 20~; by The
Young Family Trust and The Whitaker Family Trust, hereinafter called "Owner", and the City
of Arroyo Grande, a California municipal corporation, hereinafter called "City".
WHEREAS, Owner desires to record a final map for Tract 2792, a residential subdivision
within the service area of the City; and,
WHEREAS, City owns the current sanitary sewer and easement located on Owner's ~
property, Tract 2792; and,
WHEREAS, Owner is required to relocate existing sanitary sewer mains to construct the
project in a manner consistent with the Tract 2792 approval; and,
WHEREAS, City, as a condition of approval for Tract 2792, will own the replacement sanitary
sewer and easements as delineated on the final map; and,
WHEREAS, Owner desires to offer necessary easements and sanitary sewer main rights
transfers, and City desires to release interest in certain easements once replacement sanitary
sewer improvements have been installed; and,
~ WHEREAS, Owner and City desire that ownership of the physical sanitary sewer system
improvements constructed for Tract 2792 be transferred from Owner to the City
NOW, THEREFORE, said Owner and City hereby covenant, promise and agree as follows:
1. That said Owner is The Young Family Trust and The Whitaker Family Trust.
2. That said Owner does hereby irrevocably and in perpetuity offer to City and the
physical sanitary sewer system improvements and easement for a public sewer
system including mains, laterals, manholes, and related appurtenances, over the area
described in Exhibit B. The purpose of said easement shall include installation,
operation, inspection, maintenance and replacement of public sewer system facilities.
10F2
SEWER EASEMENT AGREEMENT -TRACT 2792
3 That said Owner does hereby irrevocably offer to City a temporary blanket easement
for a public sewer system including mains, laterals, manholes, and related
appurtenances, over the area described in Exhibit C. The purpose of said easement
shall include installation, operation, inspection, maintenance and replacement of public
sewer system facilities. City agrees that it will quitclaim all interest in this temporary
easement when the new sewer facilities are constructed and accepted by the City.
4 That Owner does hereby agree to indemnify, defend, and hold harmless City and
accept liability associated with abandoning the current sanitary sewer system located
on Tract 2792 in order to facilitate the release in interest by City.
5. That City agrees to quitclaim all interest in that sanitary sewer easement as described
in Exhibit "C", effective upon City acceptance of new sanitary sewer system.
6. The Owner agrees that these offers and agreements have been made for a valuable
consideration, receipt of which is hereby acknowledged.
7. The Owner agrees that this agreement is irrevocable and perpetual and shall be
binding on its heirs, legatees, successors, and assignees.
8. IN WITNESS WHEREOF, this Agreement is hereby executed by said owner and City
on the day and year first written above.
CITY: OWNER(s):
TONY FERRARA, MAYOR SIGNAT RE
ATTEST: PRINT NAME
GL' n.H Y J wrl'"L
KELLY WETMORE, CITY CLERK TITLE
APPROVED AS TO FORM:
TIMOTHYJ.CARMEL, CITY ATTORNEY
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EXHIBIT A
Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of San
Luis Obispo, State of California as shown on map recorded in Book 47 of Parcel
Maps, at Page 54 in the office of the County Recorder of said County
EXHIBIT B -
A portion of Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of
San Luis Obispo State of California as shown on map recorded in Book 47 of Parcel
Maps, at page 54 in the office of the County Recorder Being more particularly
described as follows
Beginning at a found rebar in the southeast corner of said Parcel 2 as shown on said
map,
Thence, along the south line of said parcel 2, also being the north right-of-way line of
Fair Oaks Avenue, S 89°34'20" W 341 01 feet to a point,
Thence, leaving said south line N 00°25'40" W 83.37 feet to a point on the east right-of-
way line of the proposed Woodland Drive extension of the proposed Tract No 2792,
said point being the True Point of Beginning of a 15 foot wide sewer easement lying
7 5 feet on each side of the following described centerline, the side lines of said 15 foot
easement to be extended or shortened to terminate at the said proposed east right-of-
way line,
Thence, leaving said proposed east right-of-way line N 73°05'43" E 65 39 feet to an
angle point,
Thence, N 47°32'24" E 190 85 feet to an angle point,
Thence, N 34°25'41" E 78 27 feet to an angle point;
Thence, N 34°56'47" W 35.04 feet to an angle point,
Thence, N 53°23'00" E 37 64 feet to a point on the north line of said Parcel 2, said point
also being the Point of Terminus for said easement centerline, the sidelines of said 15
foot easement to be extended or shortened to terminate at said north line of said
Parcel 2,
Thence, along said north line, N 89°34'28" E 81 10 feet to a found nail and tag LS 4059
in the top of a railroad tie wall at the northeast corner of said Parcel 2,
Thence, along the east line of said Parcel 2, S 00°27'39" E 345 02 feet to the Point of
~ Beginning
The above described land is graphs II shown on Exhibit 61, attached hereto and made
apart hereof ~~~~Q~AND SU~,`~o
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End of description ~ 0(E ~
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J?A No. 6729 ~g
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EXHIBIT BI ~°U4O9ANTOPOFGI
RA/LROAD TlE WALL
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12" WIDE STORM ORA/N - - ~ -
EASEMENT PER 47-PM-54 ~ N5323'00'E ~5
AND PER 1347/OR/672 ~ - _ _ - _ - 37.64'
111 POT N8934 28'E
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N71 RCcL ~ JF 47-PiL1-54 , _ ~ ~`.l' \ - f
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ORI t/E RIGHT-OF\A Y \k % F ~ \ \,~5 ~ P5 / / r,~
iy ~ ` ` ~ / / L/M/TS OF RECREATION I O
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Zi 6P ~ ~ / FOUND REBAR, NO CAP
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589:3420"W 341.07' POB
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McM N - - LAND SURVEYS
E%PIRE 9-30-OB p
No. 6729 ~ SAN6LU/50OB15
OE CA 93401
yy ~p ~805J 541-1663 FAX 547-1664
4rf OF CAI ~F~? DA7E 11-05-07
?OB NO J97-03
EXHIBIT C
Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of San
Luis Obispo, State of California as shown on map recorded in Book 47 of Parcel
Maps, at Page 54 in the office of the County Recorder of said County.
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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. 4070 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12`h
day of February 2008.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13`h day of
February 2008.
KELLY ET ORE, CITY CLERK