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CC 2020-01-14_08g Agreements for Tract 01-001 MEMORANDUM TO: CITY COUNCIL FROM: BILL ROBESON, ACTING COMMUNITY DEVELOPMENT DIRECTOR ROBIN DICKERSON, CITY ENGINEER SUBJECT: CONSIDERATION OF APPROVAL OF A SUBDIVISION IMPROVEMENT AGREEMENT, AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE ACQUISITION OF CERTAIN EASEMENTS, AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE CONSTRUCTION AND MAINTENANCE OF OFFSITE IMPROVEMENTS, A GRANT OF EASEMENT AGREEMENT BETWEEN LUCIA MAR UNIFIED SCHOOL DISTRICT AND THE CITY OF ARROYO GRANDE, AND A GRANT OF EASEMENT AGREEMENT BETWEEN HIGHLANDS HOA AND THE CITY OF ARROYO GRANDE, ALL RELATING TO VESTING TRACT 01-001 (AKA TRACT 1998) DATE: JANUARY 14, 2020 SUMMARY OF ACTION: Consideration to approve a Subdivision Improvement Agreement, an Agreement Between the City of Arroyo Grande and Castlerock Development Regarding the Acquisition of Certain Easements, an Agreement Between the City of Arroyo Grande and Castlerock Development Regarding the Construction and Maintenance of Offsite Improvements, a Grant of Easement Agreement between Lucia Mar Unified School District and the City of Arroyo Grande, and a Grant of Easement Agreement between Highlands HOA and the City of Arroyo Grande, all relating to Vesting Tract 01-001 (aka Tract 1998). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Castlerock Development Company pays all costs associated with easement acquisition and construction of improvements required for the tract. There will be staff time associated with monitoring the maintenance of the emergency access road and pedestrian path. RECOMMENDATION: It is recommended the City Council approve the Subdivision Improvement Agreement, an Agreement Between the City of Arroyo Grande and Castlerock Development Regarding the Acquisition of Certain Easements, an Agreement Between the City of Arroyo Grande and Castlerock Development Regarding the Construction and Maintenance of Offsite Improvements, a Grant of Easement Agreement between Lucia Mar Unified School District and the City of Arroyo Grande, and a Grant of Easement Agreement between the City of Arroyo Grande and Highlands HOA and authorize the City Manager to execute the agreements, subject to minor modifications deemed necessary by the City Manager and City Attorney. Item 8.g. - Page 1 CITY COUNCIL CONSIDERATION OF APPROVAL OF A SUBDIVISION IMPROVEMENT AGREEMENT, AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE ACQUISITION OF CERTAIN EASEMENTS, AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE CONSTRUCTION AND MAINTENANCE OF OFFSITE IMPROVEMENTS, A GRANT OF EASEMENT AGREEMENT BETWEEN LUCIA MAR UNIFIED SCHOOL DISTRICT AND THE CITY OF ARROYO GRANDE, AND A GRANT OF EASEMENT AGREEMENT BETWEEN HIGHLANDS HOA AND THE CITY OF ARROYO GRANDE, ALL RELATING TO VESTING TRACT 01-001 (AKA TRACT 1998) JANUARY 14, 2020 PAGE 2 BACKGROUND Vesting Tentative Tract Map 01-001 (aka Tract 1998) was approved on January 27, 2009 by adoption of City Council Resolution 4156. The subdivider and developer, Castlerock Development Company (“Castlerock”) is seeking to file the final map with the City. This agenda item addresses agreements that need to be in place in order for the final map to be filed and also assure acquisition of easements and construction of required public improvements. The five (5) agreements and their respective purposes are discussed below. ANALYSIS OF ISSUES A. Subdivision Improvement Agreement. Most of the public improvements required to be constructed by the subdivider have not been constructed. The construction of public improvements required as conditions of tentative map approvals is a lengthy and complicated process that may extend long after the final map has been filed. Government Code Section 66462(a) provides a mechanism by which the subdivider may record a final map before completing public improvements by giving assurance to the local agency that the required improvements will be completed. When public improvements required by the tentative map have not been completed, the local agency may not approve the final map unless it requires the subdivider to enter into an agreement to complete the improvements as a condition precedent to final map approval. Attached is a Subdivision Improvement Agreement between the City of Arroyo Grande and Castlerock Development which satisfies the requirements of the Subdivision Map Act (Government Code §66410, et seq.). A faithful performance bond, a labor and materials bond and a warranty bond secure the agreement. B. Agreement Regarding Easement Acquisition. Pursuant to Condition of Approval Nos. 11 and 12 of Resolution No. 4156, the developer, Castlerock, is required to acquire certain offsite emergency access and pedestrian public access easements (as well as related slope and drainage easements) across property belonging to the Lucia Mar Unified School District (the Hidden Oaks School site) and the Highlands at Rancho Grande Homeowners’ Association (Lot 224, Tract 1834, Phase 5), and to construct certain public improvements including an emergency access road for the development. The acquisition of said interests in real property for emergency access for the development is essential to provide needed public facilities for the development and to mitigate impacts created by the development. The developer has been unable to acquire the required easements by negotiated purchase from the Highlands Homeowners Association. The developer intends to file the final map for Tract 01-001 on or before its expiration date of January 27, 2020. Under the Subdivision Map Act, the City may not postpone or refuse approval of the final map because the developer Item 8.g. - Page 2 CITY COUNCIL CONSIDERATION OF APPROVAL OF A SUBDIVISION IMPROVEMENT AGREEMENT, AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE ACQUISITION OF CERTAIN EASEMENTS, AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE CONSTRUCTION AND MAINTENANCE OF OFFSITE IMPROVEMENTS, A GRANT OF EASEMENT AGREEMENT BETWEEN LUCIA MAR UNIFIED SCHOOL DISTRICT AND THE CITY OF ARROYO GRANDE, AND A GRANT OF EASEMENT AGREEMENT BETWEEN HIGHLANDS HOA AND THE CITY OF ARROYO GRANDE, ALL RELATING TO VESTING TRACT 01-001 (AKA TRACT 1998) JANUARY 14, 2020 PAGE 3 failed to meet the final map conditions requiring acquisition of offsite real property interests. Pursuant to Government Code section 66462.5, the City must act within 120 days after the final map is filed to either acquire the easements by negotiation or commence proceedings to acquire the easements by eminent domain. If the City fails to act within that 120 day period, Condition 12 requiring construction of the offsite improvements is waived. Government Code section 66462.5 also authorizes the City to enter into an agreement obligating the developer to pay all costs associated with acquiring the necessary real property interests. Attached is a proposed agreement between the City and the developer that requires the developer to pay all costs of acquiring the necessary easements. C. Agreement Regarding Construction and Maintenance of Offsite Improvements. Condition of Approval No. 12 requires the developer to construct the emergency access road and pedestrian path, and the homeowners’ association for Tract 01-001 to maintain the emergency access road and pedestrian path. Also attached is a proposed agreement that implements Condition of Approval No. 12. D. Grant of Easement Agreements. The City successfully negotiated with Lucia March Unified School District (“LMUSD”) to obtain the required emergency access easement and public pedestrian path easement through LMUSD’s Hidden Oaks School site. The Grant of Easement Agreement between LMUSD and the City is attached. However, as noted, neither the developer nor the City have been successful in negotiating for the required emergency access easement and public pedestrian path easement from the Highlands Homeowners Association through Lot 224 of Tract 1834, Phase 5. Negotiations are still taking place with the Highlands Homeowners Association and staff is hopeful that an agreement will be reached and that no formal legal action will be necessary. Attached is a proposed Grant of Easement Agreement between the Highlands Homeowners Association and the City. It is recommended that the City Council approve all five (5) of the proposed agreements and authorize the City Manager to execute them, subject to minor modifications deemed necessary by the City Manager and the City Attorney. As noted, maintenance of the emergency access road and pedestrian path is the sole responsibility of the Meadows at Rancho Grande Homeowners Association for Tract 01-001 and will be administered through an Emergency and Pedestrian Access Maintenance Program (“Maintenance Program”) approved by the City. A copy of the draft Maintenance Program is attached. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Approve the five (5) proposed agreements; Item 8.g. - Page 3 CITY COUNCIL CONSIDERATION OF APPROVAL OF A SUBDIVISION IMPROVEMENT AGREEMENT, AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE ACQUISITION OF CERTAIN EASEMENTS, AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE CONSTRUCTION AND MAINTENANCE OF OFFSITE IMPROVEMENTS, A GRANT OF EASEMENT AGREEMENT BETWEEN LUCIA MAR UNIFIED SCHOOL DISTRICT AND THE CITY OF ARROYO GRANDE, AND A GRANT OF EASEMENT AGREEMENT BETWEEN HIGHLANDS HOA AND THE CITY OF ARROYO GRANDE, ALL RELATING TO VESTING TRACT 01-001 (AKA TRACT 1998) JANUARY 14, 2020 PAGE 4 2. Do not approve the five (5) proposed agreements; or 3. Provide direction to staff. ADVANTAGES: Approval of the Subdivision Improvement Agreement will assure completion of all public improvements required by the approval of Vesting Tentative Tract 01-001. Approval of the Agreement Regarding the Acquisition of Certain Easements will ensure the acquisition of required offsite real property interests are paid for by the developer. Approval of the Agreement Regarding the Construction and Maintenance of Offsite Improvements will ensure that the developer constructs and maintains the emergency access road essential to mitigate impacts created by the development. Approval of the Grant of Easement Agreement with LMUSD will secure the required easements through the Hidden Oaks School site. Approval of the Grant of Easement Agreement with the Highlands HOA will provide a mechanism to acquire the necessary easements through Lot 224 of Tract 1834, Phase 5, without the need for legal action. Collectively, these actions assure that the City and developer are in compliance with the Subdivision Map Act. DISADVANTAGES: Staff has identified no disadvantage with the recommended actions. ENVIRONMENTAL REVIEW: No environmental review is required for this item. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Subdivision Improvement Agreement 2. An Agreement Between the City of Arroyo Grande and Castlerock Development Regarding the Acquisition of Certain Easements (Emergency Access-Tract 01-001) 3. An Agreement Between the City of Arroyo Grande and Castlerock Development Regarding the Construction and Maintenance of Offsite Improvements (Emergency Access-Tract 01-001) 4. Grant of Easement Agreement (LMUSD and City of Arroyo Grande) 5. Grant of Easement Agreement (Highlands HOA and City of Arroyo Grande) 6. Emergency and Pedestrian Access Maintenance Program Item 8.g. - Page 4 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF AGREEMENT: January 14, 2020 NAME OF SUBDIVIDER: CASTLEROCK DEVELOPMENT, A CA CORP. (referred to as "SUBDIVIDER") SUBDIVISION MAP NO.: TRACT 01-001 (aka Tract 1998) (referred to as "SUBDIVISION") VESTING TENTATIVE MAP RESOLUTION OF APPROVAL NO.: 4156 (referred to as "Resolution of Approval") ESTIMATED TOTAL COST OF IMPROVEMENTS (not incl. monumentation): $1,330,559.00 ESTIMATED TOTAL COST OF MONUMENTATION: $4,000.00 SURETY: BOND NO. TYPE AMOUNT FAITHFUL PERFORMANCE $1,862,782.00 MATERIALS AND LABOR $931,391.00 This Subdivision Improvement Agreement (“Agreement”) is made and entered into by and between the CITY OF ARROYO GRANDE, a municipal corporation of the State of California (hereinafter referred to as "CITY") and "SUBDIVIDER." RECITALS A.SUBDIVIDER has presented to CITY for approval and recordation, a final map of a proposed subdivision pursuant to provisions of the Subdivision Map Act of the State of California and CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps. The Subdivision Map Act and CITY's ordinances and regulations relating to the filing, approval and recordation of subdivision maps are collectively referred to in this Agreement as the "Subdivision Laws." B.A vesting tentative map of the Subdivision has been approved, subject to the Subdivision Laws and to the requirements and conditions contained in Resolution of Approval No. 4165. The Resolution of Approval is on file in the Office of the Director of Administrative Services and is incorporated into this Agreement by reference. C.The Subdivision Laws establish as a condition precedent to the approval of a final map that SUBDIVIDER must have complied with the Resolution of Approval and must have either (1) completed, in compliance with applicable CITY standards, all of the improvements and land development work required by the Subdivision Laws or the Resolution of Approval, or (2) have entered into a secured agreement with ATTACHMENT 1 Item 8.g. - Page 5 2 CITY to complete the improvements and land development within a period of time specified by CITY. D. In consideration of approval of a final map for the Subdivision by the City Council, SUBDIVIDER desires to enter into this Agreement, whereby SUBDIVIDER promises to install and complete, at SUBDIVIDER's own expense, all the public improvement work required by CITY in connection with the proposed Subdivision. SUBDIVIDER has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City Attorney. E. With the exception of the emergency access road and multi-use pedestrian path required to be constructed by SUBDIVIDER pursuant to Condition 12 of Resolution 4156, complete Improvement Plans for the construction, installation and completion of the improvements have been prepared by SUBDIVIDER and approved by the City Engineer. SUBDIVIDER shall promptly prepare improvement plans for the emergency access road and multi -use pedestrian path and submit them to the City Engineer for review and approval. The emergency access road and multi-use pedestrian path are public improvements subject to all terms and conditions of this Agreement. All other Improvement Plans for the subdivision are on file in the Office of the City Engineer and are incorporated into this Agreement by this reference. All references in this Agreement to the Improvement Plans shall include reference to any specifications for the improvements as approved by the City Engineer. F. An estimate of the cost for construction of the public improvements and performing land development work in connection with the improvements according to the Improvement Plans has been made and has been approved by the City Engineer. The estimated amount is stated on Page 1 of this Agreement. The basis for the estimate is attached as Exhibit "A" to this Agreement. G. CITY has adopted standards for the construction and installation of improvements within CITY. The Improvement Plans have been prepared in conformance with the applicable CITY standards in effect on the date of approval of the Resolution of Approval. H. Prior to completion of the required improvements and their acceptance by CITY, it is necessary that certain monuments and stakes, as specified on the final map for the Subdivision, shall be installed. I. SUBDIVIDER recognizes that by approval of the final map for Subdivision, CITY has conferred substantial rights upon SUBDIVIDER, including the right to sell, lease, or finance lots within the Subdivision, and has taken the final act necessary to subdivide the property within the Subdivision. As a result, CITY will be damaged to the extent of the cost of installation of the improvements by SUBDIVIDER's failure to perform its obligations under this Agreement, including, but not limited to, SUBDIVIDER's obligation to commence construction of the improvements by the time established in this Agreement. CITY shall be entitled to all remedies available to it pursuant to this Agreement and law in the event of a default by SUBDIVIDER. It is specifically recognized that the determination of whether a reversion to acreage or rescission of the Subdivision constitutes an adequate remedy for default by the SUBDIVIDER shall be within the sole discretion of CITY. Item 8.g. - Page 6 3 NOW, THEREFORE, in consideration of the approval and recorda tion by the City Council of the final map of the Subdivision, SUBDIVIDER and CITY agree as follows: 1. SUBDIVIDER's Obligations to Construct Improvements. SUBDIVIDER shall: a. Comply with all the requirements of the Resolution of Approval, and any amendments thereto, and with the provisions of the Subdivision Laws. As the time this Agreement is signed there are no amendments to the Resolution of Approval. b. Complete, at SUBDIVIDER's own expense, all the public improvement work required on the Vesting Tentative Map and Resolution of Approval in conformance with approved Improvement Plans and the applicable CITY standards as follows: All improvements shown on the subdivision’s approved Improvement Plans and/or required by the Conditions of Approval to be constructed, including, but not limited to the following, shall be completed within three (3) years from the date of construction permit issuance for said Improvement Plans: i. Grading, drainage and erosion control. ii. Undergrounding of existing utilities. iii. Public water system. iv. Public sewer system. v. Public storm water system. vi. Private storm water system. vii. Private streets and sidewalks. viii. Public streets and sidewalks ix. Public utility installations. x. Landscape and Irrigation. xi. Emergency access road and multi-use pedestrian path. SUBDIVIDER agrees that CITY may impose necessary changes to the scope of the improvement work if CITY determines that such changes are necessary and incidental to the successful completion and function of the improvements or required to meet applicable CITY's standards. c. Furnish the necessary materials for completion of the public improvements in conformity with the Improvement Plans and applicable CITY standards. d. In accordance with Subdivision Laws acquire and dedicate, or pay the cost of acquisition by CITY, of all rights-of-way, easements and other interests in real property for construction or installation of the public improvements, free and clear of all liens and encumbrances. The SUBDIVIDER's obligations with regard to acquisition by CITY of off-site rights-of-way, easements and other interests in real property shall be subject to a separate agreement between SUBDIVIDER and CITY. SUBDIVIDER shall also be responsible for obtaining any public or private drainage easements or any required authorization from the property owner to accommodate the Subdivision. e. Commence construction of the improvements by the time established in Section 20 of this Agreement and complete the improvements by the Item 8.g. - Page 7 4 deadline stated in Paragraph 1(b) above, unless a time extension is granted by the CITY as authorized in Section 20. f. Install all Subdivision monuments required by law prior to the completion and acceptance of the public improvements by CITY. 2. Acquisition and Dedication of Easements or Rights-of-Way. If any of the public improvement and land development work contemplated by this Agreement is to be constructed or installed on land not owned by SUBDIVIDER, no construction or installation shall be commenced before: a. The offer of dedication to CITY of appropriate rights-of-way, easements or other interest in real property, and any required authorization from the property owner to allow construction or installation of the improvements or work, or b. The dedication to, and acceptance by, the CITY of appropriate rights-of- way, easements or other interests in real property, as determined by the City Engineer, or c. The issuance by a court of competent jurisdiction pursuant to the State Eminent Domain Law of an order of possession. SUBDIVIDER shall comply in all respects with any order of possession. 3. Security. SUBDIVIDER shall at all times guarantee SUBDIVIDER's performance of this Agreement by furnishing to CITY, and maintaining, good and sufficient security as required by the Subdivision Laws on forms approved by CITY for the purposes and in the amounts as follows: a. To assure faithful performance of this Agreement in regard to said improvements in an amount of 100% of the estimated cost of the improvements (not including monumentation); and b. To secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor, materials for the improvements required to be constructed or installed pursuant to this Agreement in the additional amount of 50% of the estimated cost of the improvements; and c. Upon completion of the improvements pursuant to this Agreement and prior to CITY acceptance of said improvements, SUBDIVIDER shall furnish to CITY good and sufficient security in the amount of 10% of the estimated cost of the improvements to guarantee or warranty the work completed for a period of one year from date of said acceptance; and d. SUBDIVIDER shall also furnish to CITY good and sufficient security in the amount of 100% of the estimated cost of setting Subdivision monuments as stated previously in this Agreement. The securities required by this Agreement shall be kept on file with the Director of Administrative Services. The terms of the security documents referenced on Page 1 of this Agreement are incorporated into this Agree ment by this reference. If any security is replaced by another approved security, the replacement shall be filed with the Director of Administrative Services and, upon filing, shall be deemed to have been made a part of and incorporated into this Agreemen t. Upon filing of a replacement security with the Director of Administrative Services, the former security shall be released. Item 8.g. - Page 8 5 4. Alterations to Improvements Plans. a. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 5% of the original estimated cost of the improvement, which are determined by CITY to be necessary and incidental to the successful completion and function of the improvements or required to meet applicable CITY standards, shall not relieve the improvement security given for faithful perfor mance of this Agreement. In the event such changes, alterations, or additions exceed 5% of the original estimated cost of the improvement, SUBDIVIDER shall provide improvement security for faithful performance as required by Paragraph 3 of this Agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases allowed by Paragraph 6 of this Agreement. b. SUBDIVIDER shall construct the improvements in accordance with applicable CITY standards in effect at the time of adoption of the Resolution of Approval. CITY reserves the right to modify the standards applicable to the Subdivision and this Agreement, when necessary to protect the public safety or welfare or comply with applicable State or Federal law. 5. Inspection. SUBDIVIDER shall at all times maintain proper facilities and safe access for inspection of the public improvements by CITY inspectors and to the shops wherein any work is in preparation. Upon completion of the work, SUBDIVIDER may request a final inspection by the City Engineer, or the City Engineer's authorized representative. If the City Engineer, or the authorized representative, determines that the work has been completed in accordance with this Agreement, then the City Engineer shall certify the completion of the public improvements to the City Council. No improvements shall be finally accepted unless all aspects of the work have been inspected and determined to have been completed in accordance with the Improvement Plans and applicable CITY standards. SUBDIVIDER shall bear all costs of inspection and certification. 6. Release of Securities. The securities required by this Agreement shall be released as follows: a. Security given for faithful performance of any act, obligation, work or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection (b) hereof. b. Security given to secure payment to the contractor, his or her subcontrac - tors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the work, be reduced to an amount equal to the total claimed by all claimants for whom liens have been filed and of which notice has been given to the legislative body, plus an amount reasonably determined by the City Engineer to be required to assure the performance of any other obligations secured by the secu rity. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given. c. No security given for the guarantee or warranty of work shall be released until the expiration of the warranty period and until any claims filed during the warranty period have been settled. As provided in Paragraph 10, the Item 8.g. - Page 9 6 warranty period shall not commence until final acceptance of all the work and improvements by the City Council. d. CITY may retain from any securit y released an amount sufficient to cover costs and reasonable expenses and fees, including reasonable attorneys' fees incurred in connection with claims and obligations for which the security was given. 7. Injury to Public Improvements, Public Property or Public Utilities Facilities. SUBDIVIDER shall replace or have replaced, or repair or have repaired, as the case may be, all public improvements, public utilities facilities and surveying or subdivision monuments which are destroyed or da maged as a result of any work required to be performed under this Agreement. SUBDIVIDER shall bear the entire cost of replacement or repairs of any and all public or private uti lity property damaged or destroyed by reason of any work done under this Agree ment, whether such property is owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by CITY or any public or private utility corporation or by any combination of such owners. Any r epair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 8. Permits. SUBDIVIDER shall, at SUBDIVIDER's expense, obtain all necessary permits and licenses for the construction and installation of the improvement s, give all necessary notices and pay all fees and taxes required by law. 9. Default of SUBDIVIDER. a. Default of SUBDIVIDER shall include, but not be limited to, SUBDIVIDER's failure to timely commence construction required by this Agreement; SUBDIVIDER's failure to timely cure any defect in the improvements; SUBDIVIDER's failure to perform substantial construction work for a period of 60 calendar days after commencement of the work, excluding work halted due to Federal, State, or Local permit restrictions, moratoriums, inclement weather, or other causes outside of the SUBDIVIDER’s control; SUBDIVIDER's insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which SUBDIVIDER fails to discharge within 30 days; the commencement of a foreclosure action against the Subdivision or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or SUBDIVIDER's failure to perform any other obligation under this Agreement. b. CITY reserves to itself all remedies available to it at law or in equity for breach of SUBDIVIDER's obligations under this Agreement. CITY shall have the right, subject to this section, to draw upon or utilize the appropriate security to mitigate CITY's damages in event of default by SUBDIVIDER of a duty or obligation secured by such security. The right of CITY to draw upon or utilize the security is additional to and not in lieu of any other remedy available to CITY. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the improvements and, therefore, CITY's damages for SUBDIVIDER's default shall be measured by the cost of completing the Item 8.g. - Page 10 7 required improvements. CITY may use the sums provided by the improvement security for the completion of the public improvements in accordance with the improvement plans and specifications contained herein. In the event of SUBDIVIDER's default under this Agreement, SUBDIVIDER authorizes CITY to perform such obligation 20 days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the entire cost of such performance by CITY. CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of SUBDIVIDER, and SUBDIVIDER's surety shall be liable to CITY for any excess cost or damages occasioned CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to SUBDIVIDER as may be on the site of the work and necessary for the performance of the work. c. Failure of SUBDIVIDER to comply with the terms of this Agreement shall constitute consent to the filing by CITY of a notice of violation against all the lots in the Subdivision, or to rescind the approval or otherwise revert the Subdivision to acreage. The remedy provided by th is subsection c. is in addition to and not in lieu of other remedies available to CITY. SUBDIVIDER agrees that the choice of remedy or remedies for SUBDIVIDER's breach shall be in the discretion of CITY. d. In the event that SUBDIVIDER fails to perform any obligation hereunder, SUBDIVIDER agrees to pay all costs and expenses incurred by CITY in securing performance of such obligations, including costs of suit and reasonable attorneys' fees. e. The failure of CITY to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of SUBDIVIDER. 10. Warranty. SUBDIVIDER shall guarantee or warranty the work done pursuant to this Agreement for a period of one year after final acceptance by the City Council of the work and improvements against any defective work or labor done or defective materials furnished. If within the warranty period any work or improvement or part of any work or improvement done, furnished, installed, constructed or caused to be done, furnished, installed or con structed by SUBDIVIDER fails to fulfill any of the requirements of this Agreement or the improvement plans and specifications referred to herein, SUBDIVIDER shall without delay and without any cost to CITY, repair or replace. reconstruct, or otherwise correct any defective or otherwise unsatisfactory part or parts of the work or improvement. Should SUBDIVIDER fail to act promptly or in accordance with this Section 10, SUBDIVIDER hereby authorizes CITY, at CITY's option, to perform the work 20 days after mailing written notice of default to SUBDIVIDER and to SUBDIVIDER's surety, and agrees to pay the cost of such work by CITY. Should CITY determine that life/safety concerns require corrections, repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, in its sole discretion, notify SUBDIVIDER as soon as is practical and make the necessary corrections, repairs or replacement or perform the necessary work and Item 8.g. - Page 11 8 SUBDIVIDER shall pay to CITY the cost of such repairs even if such work, corrections, repairs, or replacement precedes actual notice. 11. SUBDIVIDER Not Agent of CITY. Neither SUBDIVIDER nor any of SUBDIVIDER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of SUBDIVIDER's obligations under this Agreement. 12. Injury to Work. Until such time as CITY accepts the improvements, SUBDIVIDER shall be responsible for and bear the risk of loss to any of the improvements constructed or installed. Until such time as all improvements required by this Agreement are fully completed and accepted by CITY, SUBDIVIDER will be responsible for the care, maintenance of, and any damage to such improvements. CITY shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage, regardless of the cause, happening or occurring to the work or improvements specified in this Agreement prior to the comple tion and acceptance of the work or improvements. All such risks shall be the responsibility of and are hereby assumed by SUBDIVIDER. 13. Other Agreements. Nothing contained in this Agreement shall preclude CITY from expending monies or taking actions pursuant to agreements concurrently, previously or subsequently executed between the parties, or from entering into agreements with other subdividers for the apportion ment of costs of water and sewer mains, or other improvements, pursuant to the provisions of CITY ordinances providing therefore, nor shall anything in this Agreement commit CITY to any such apportionment. 14. SUBDIVIDER's Obligation to Warn Public During Construction. Until final acceptance of the improvements, SUBDIVIDER shall give good and adequate warning to the public of each and every dangerous condition existent in said improvements, and will take all reasonable actions to protect the public from such dangerous condition. 15. Vesting of Ownership. Upon acceptance of the work by CITY and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this Agreement shall vest in CITY. 16. Final Acceptance of Work. Acceptance of the work on behalf of CITY shall be made by the City Council upon recommenda tion of the City Engineer after final completion and inspection of all improvements. The City Council shall act upon the Engineer's recommendation within 30 days from the date the City Engineer certifies that the work has been finally completed, as provided in Paragraph 5. Such acceptance shall not constitute a waiver of defects by CITY. Final acceptance of the work shall occur prior to occupancy of th e final 10% of the units. 17. Indemnity/Hold Harmless. CITY or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of SUBDIVIDER, its agents or employees in the performance of this Item 8.g. - Page 12 9 Agreement. SUBDIVIDER further agrees to protect, indemnify, and hold harmless CITY, its officials and employees from any and all claims, demands, causes of action, liability or loss of any sort, because of, or arising out of, act s or omissions of SUBDIVIDER, its agents or employees in the performance of this Agreement, including all claims, demands, causes of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvemen ts. This indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said Subdivision, and the public improvements as provided herein, and in addition, to adjacent property owners as a consequence of the diversion of waters from the design or construction of public drainage systems, streets and other public improvements. Acceptance by CITY of the improvements shall not constitute an assumption by the CITY of any responsibility for any damage or taking covered by this paragraph. CITY shall not be responsible for the design or construction of the Subdivision or the improvements pursuant to the approved improvement plans or map, regardless of any negligent action or inaction taken by CITY in approving the plans or map, unless the particular improvement design was specifically required by CITY over written objection by SUBDIVIDER submitted to the City Engineer before approval of the particular improvement desig n, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternative safe and feasible design. After acceptance of the improvements, SUBDIVIDER shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect; however, SUBDIVIDER shall not be responsible for routine maintenance , except as otherwise required by the Resolution of Approval . Provisions of this paragraph shall remain in full force and effect for 10 years following the acceptance by CITY of improvements. It is the intent of this section that SUBDIVIDER shall be responsible for all liability for design and construction of the imp rovements installed or work done pursuant to this Agreement and that CITY shall not be liable for any negligence, nonfeasance, misfeasance or malfeasance in approving, reviewing, checking, or correcting any plans or specifications or in approving, reviewi ng or inspecting any work or construction. The improvement security shall not be required to cover the provisions of this paragraph. 18. Sale or Disposition of Subdivision. Sale or other disposition of the Subdivision will not relieve SUBDIVIDER from the obligations set forth herein. SUBDIVIDER agrees to notify CITY in writing at least 30 days in advance of any actual or pending sale or other disposition of the Subdivision. If SUBDIVIDER sells the Subdivision or any portion of the Subdivision to any other person, SUBDIVIDER may request a novation of this Agreement and a substitution of security. Upon approval of the novation and substitution of securities, SUBDIVIDER may request a release or reduction of the securities required by this Agreement. Nothing in the novation shall relieve SUBDIVIDER of the obligations under Paragraph 17 for the work or improvement done by SUBDIVIDER. 19. Time of the Essence. Time is of the essence of this Agreement. Item 8.g. - Page 13 10 20. Time for Commencement of Work/Time Extensions. SUBDIVIDER shall commence substantial construction of the improvements required by this Agreement not later than twenty-seven (27) months prior to the time for completion. In the event good cause exists as determined by the City Manager, the time for commencement of construction or completion of the improvements hereunder may be extended. The extension shall be made in writing executed by the City Manager. Any such extension may be granted without notice to SUBDIVIDER's surety and shall not affect the validity of this Agreement or release the surety or sureties on any security given for this Agreement. The City Manager shall be the sole and final judge as to whether or not good cause has been shown to entitle SUBDIVIDER to an extension. Delay, other than delay in the commencement of work, resulting from an act of CITY, or by an act of God, which SUBDIVIDER could not have reasonably foreseen, or by storm or inclement weather which interrupts the conducting of work, or by strikes, boycotts, similar actions by employees or labor organizations, which prevent the conducting of work, and which were not caused by or contributed to by SUBDIVIDER, shall constitute good cause for an extension of the ti me for completion. As a condition of such extension, the City Manager may require SUBDIVIDER to furnish new security guaranteeing performance of this Agreement as extended in an increased amount as necessary to compensate for any increase in construction costs as determined by the City Engineer. 21. No Vesting of Rights. Performance by SUBDIVIDER of this Agreement shall not be construed to vest SUBDIVIDER's rights with respect to any change in any zoning or building law or ordinance except as provided for in the Subdivision Laws regarding Vesting Tentative Tract Maps. SUBDIVIDER shall retain any and all vested rights established by the Resolution of Approval. 22. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by mail, postage prepaid and addressed as provided in this section. Notice shall be effective on the date it is delivered in person, or, if mailed, on the date of deposit in the United States Mail. Notices shall be addressed as follows unless a written change of address is filed with CITY: CITY SUBDIVIDER SURETY CITY OF ARROYO GRANDE 300 E. BRANCH ST. ARROYO GRANDE, CA 93420 PH: (805) 473-5400 CASTLEROCK DEVELOPMENT A CALIFORNIA CORPORATION 445 GREEN GATE ROAD SAN LUIS OBISPO, CA 93401 PH: 805-546-8100 23. Severability. The provisions of this Agreement are severable. If a court of competent jurisdiction holds any portion of this Agreement invalid, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties. Item 8.g. - Page 14 11 24. Captions. The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction or meaning of any provisions of this Agreement. 25. Litigation or Arbitration. In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees. 26. Incorporation of Recitals. The Recitals to this Agreement are true, correct and are hereby incorporated into the terms of this Agreement. 27. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties. In the case of CITY, the appropriate party shall be the City Manager. Item 8.g. - Page 15 12 IN WITNESS WHEREOF, this Agreement is executed by CITY, by and through its City Manager. CITY: CITY OF ARROYO GRANDE BY: JAMES A. BERGMAN, CITY MANAGER ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO FORM: TIMOTHY J. CARMEL, CITY ATTORNEY SUBDIVIDER: BY: CASTLEROCK DEVELOPMENT, A CALIFORNIA CORPORATION SIGNATURE Darren Shetler PRINT NAME President TITLE Item 8.g. - Page 16 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF ARROYO GRANDE 300 E. BRANCH STREET ARROYO GRANDE, CA 93420 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE ACQUISITION OF CERTAIN EASEMENTS (EMERGENCY ACCESS—TRACT 01-001) THIS AGREEMENT is made this 14 day of January, 2020, by and between the City of Arroyo Grande, California, a municipal corporation (hereinafter "City"), and Castlerock Development, a California corporation (hereinafter "Developer"). RECITALS A.Developer is required, pursuant to Conditions of Approval Nos.11 and 12 of Resolution 4156 dated January 27, 2009, approving Vesting Tentative Tract Map No. 01-001 (aka Tract 1998), to acquire certain emergency access and pedestrian public access easements and construct certain public improvements, including an emergency access road and pedestrian path for the project. B.The acquisition of said interests in real property (Lot 224, Tract 1834, Unit 5) for the emergency access and pedestrian public access for said tract is essential to provide needed public facilities for the development and to mitigate the public facilities burdens created by the development. C.Developer has been unable to acquire by a negotiated purchase the required interests in real property for the required improvements and requests that the City assist in the acquisition by exercise of the City's power of eminent domain at the sole and exclusive expense of Developer. D.This Agreement is authorized by, and is entered into, pursuant to California Government Code Section 66462.5. E.The interests in real property which are the subject of this Agreement are described in Exhibits "A," "B," “C” and “D,” attached hereto and incorporated herein by this reference. ATTACHMENT 2 Item 8.g. - Page 17 2 Additional interest in said real property may be necessary to implement the above referenced Conditions of Approval. NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the recitals, it is mutually agreed by and between the parties as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein. 2. Retention of Special Counsel. City will retain a qualified attorney (Special Counsel) to prepare and file on behalf of the City all documents and pleadings necessary to acquire the required interest in real property either through negotiation or through an action in eminent domain. Said Special Counsel will either be associated with the City Attorney in the eminent domain action, or will independently pursue the eminent domain action on behalf of the City, as the City Attorney determines. 3. Costs of Acquisition. Developer agrees to bear all expenses, costs, fees, and charges, including attorneys', engineers, appraisers or other professional service fees incurred or charged in connection with the acquisition of the real property interests and the preparation and prosecution of the eminent domain action, and City shall assume no responsibility for said expenses. Developer shall deposit the sum of $20,000 with the City immediately upon execution of this Agreement. Developer shall deposit additional funds as may be needed within thirty (30) days of City's written demand. Any unused portion shall be returned to Developer. 4. No City Funds. It is understood and agreed that even though the City is party plaintiff, it shall assume no financial responsibility in said eminent domain action. The City agrees to cooperate and assist in commencing and prosecuting said eminent domain action for the purpose of completing same as soon as possible. 5. Eminent Domain Action. Developer shall cooperate as reasonably necessary to assure that the eminent domain action is diligently prosecuted to completion. City retains the right to assume primary responsibility for the subject litigation at any time and to prosecute it to completion with all costs and expenses, including attorneys' fees, to be borne by the Developer. a. Initiation of Action. It is understood that prior to the initiation of any eminent domain action, it will be necessary for the City in its sole discretion to adopt a resolution of Item 8.g. - Page 18 3 necessity for the acquisition of the property interests and to make the necessary findings as required by law. Other than the deposit of funds to cover initial attorney's fees and the deposit of probable compensation, the adoption of a resolution of necessity shall be a condition precedent to any further obligation of the City herein. City agrees to use due diligence in processing the matter to hearing before the City Council for adoption of a resolution of necessity. b. Possession of Property. Unless otherwise specifically directed in writing by the City Attorney, the Special Counsel shall seek and obtain an order for possession for the real property interests necessary for the improvements and facilities and comply with the legal procedures necessary therefore before commencement of any work. The Developer shall be responsible for the deposit of funds, posting of security, or payment of any costs associated with the order for possession. c. Use of Experts. City shall retain at Developer's sole expense any appraiser, engineer or other expert witness, as mutually agreed upon by Developer and City, to provide any necessary appraisal, engineering or other information in a form suitable for use in connection with said eminent domain action. Any appraiser, engineer and other expert witness required shall be paid directly out of the above- referenced deposit made by Developer. 6. Payment of Judgment or Settlement Costs. Developer shall pay all amounts, plus interest, as required as a result of any judgment or settlement in payment for the easements to be acquired. City shall assume no responsibility for said payments. 7. Construction of Improvements. Developer shall, at its sole cost and expense, construct the emergency access road and public pedestrian path promptly upon the City’s acquisition of the necessary real property interests. 8. No Modification. This Agreement is not intended to amend, modify or supersede any other agreement that may exist between the parties. 9. Indemnification. Developer shall defend, indemnify and hold harmless City from any and all liability or damages resulting from the performance of this Agreement. 10. Attorneys’ Fees. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorneys’ fees, costs and expenses incurred. Item 8.g. - Page 19 4 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF ARROYO GRANDE: By: James Bergman, City Manager CASTLEROCK DEVELOPMENT: By: Darren Shetler, President ATTEST: Kelly Wetmore, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney Item 8.g. - Page 20 5 EXHIBIT A EMERGENCY ACCESS EASEMENT Item 8.g. - Page 21 6 Item 8.g. - Page 22 DAKOS LAND SURVEYS , INC . Co ntinu ing 30 Years o f Surv eying Tradi tio n o n t he Cen t ra l Co ast 7600 Morro Rd. Atascad e ro. CA 93422 • Phone (SOS) 466-2445 info @dakoslandsurveys.co,n • www.d akoslandsu rveys..co m SA (A PN 007-781-060) Ex h i b i t 'A ' Lega l D e sc ripti o n Th at port;o n of Lot 224, Tract 18 34, U n i t 5 in the Ci ty o f Arroyo Grande, C o unty o f San Lui s Obispo, Stat e of Califo rn ia accord in g t o t h e Tract Ma p r ecord ed Decemb e r 28, 1999 i n Book 19 of Maps a·t Page 3 in the Record e r's O ffi ce of sa i d Cou n ty arnd St ate d e scri bed as fo llows: A str ip of l and 20.00 f e et w ide, l ying 10 .00 fee t o n e ac h sid e of t h e fo llowing descr ibed ce nterl ine: Comme nc ing at the e ast com er of Tract 1998 in said Ci ty o f Arroyo Gra nde accord ing to the u nrecord ed Tract Map ciu rrently in p rogre ss fo r said Tract 1998, sa i d corne r b eing the eas t corner o f Lot 1 6 accord ing t o sa id u nrecord ed Map, sa i d corne r b eing a 5/8-inch re b ar w i th cap stamped "LS 8769" according t o sa id unrecord e d Map, sa i d corner b ea ring North 72 °39'27'" Eas t a d i sta n ce of 1441 .45 f eet from t h e 3/4-inch i ro n p ipe w i th tag "LS 6729 " o n t he so ut her ly line o f sa i d Tract 1998 a n d sa i d l o t 16 a ccord ing t o sa i d u nrecorded Map; t h en ce alon g sa i d sou t h erly line So u th 72°39'27" West a d i st a nce o f 10S.32 f eet t o t h e TR U E POIN T OF BEGINNING o f sa i d cen t erline; t h en ce l ea v ing sa i d so u the rl y line Sou t h 75°46'4 7 " East a d i st a n ce o f 52 .27 f ee t to t h e b eg inni ng o f a cu rve con cave so u thwest erly h avin g a radi u s o f 198.00 fee t; t h en ce so u t heast e rly al o n g sa i d curve t h r,o ug h a cen t ral angle o f 29°14 '46" an a rc le n g t h o f 101 .07 fe et to t h e beg innin g o f a reve rse curve concave n ort h easterl y having a r adius o f 7 52.00 f eet ; t h en ce so u t heast e rly al o n g sa i d curve t h r,o ug h a cen t ral angle o f 24 °23'0 5 " an arc le n g t h o f .320 .05 fe et to t h e beg innin g o f a reverse curve con cave so u t hwes t erly having a r adius o f 198.00 f eet ; 7 Item 8.g. - Page 23 t h en ce so u theasterly a l o n g sa i d cu rve t h ro ug h a cen t ral an g le o f 26°33 '4 1" a n a rc le ngth o f 9 1. 79 f eet; t h en ce So u th 4 4 °2 1'26 .. East a d i sta nce o f 1 33 .31 f eet t o t h e beg innin g of a cu rve con cav e west e rl y h aving a radius o f 14 8.00 f ee t; t h en ce so utherly a lo ng sa i d cu rve thro u g h a ce n tra l a n g l e o f 4 6 .4 2'33 "' an arc le ngth o f 120.65 f eet; t h en ce So u th 2°2 1 '0 8 " West a d i st a nce of 2 19 .24 f ee t t o t h e so u t hw est erly lin e o f Lo t 4 1, Tra ct 2265 in sa id Ci t y o f A rroyo Gra n de acco rd ing t o t h e Tra ct M a p reco rd ed Au g u st 2 3, 2000 in Book 19 o f M aps a t Pag e 31 i n t h e Recor der's O ffi ce of sa i d Co unty a n d St a t e a n d t he POI NT O F TERM I N ATIO N o f sa i d cen t erlin e. The si de lines o f s.a i d stri p a re t o b e sh o rte ned o r l engt h en e d t o t er m inate at t h e no rth weste rl y a n d so u theast e rl y l in es o f sa i d Lo t 224. EXCEPTING TH EREFRO M A ny porti o n o f sa i d stri p ly ing w i t h i n sa i d Lot 4 1, Tract 226S . The atta ched "Exh i b it 'A ' Map Ex hib i t "is made part o f thi s d e sc rii pti o n. Marc D. Dakes, LS. 8 769 Profe ssi o n a l La nd Su rvey o r (Da t e ) 8 Item 8.g. - Page 24LOT12 TRACT 1998 LOT 115 TRACT 1998 EXHIBIT '.A' MAP EXHIBIT LOT 16 ---,M',A' TRACT 1998 . .,,.•1.rt. PCL2 AG 81-76 31/?M/18 UNE L1 L2 l3 CURVE C1 C2 C3 C4 ~,1-•p l.IINE TABLE BEARING LENGTH 575,"46"47"E 52.2T 544 •21 "26" E 133.31' so2·21 ·os·w 219.24' Ct DESCRIBED PARCEL LOT 224 TRACT 1834 UNrf N0.5 19/MB/3 PTN LOT 34 H!WKER & WOODBURY TRACT B/MBna (CC# 1992-0491¾) DESCRJBED r CENTERllNE ~~ LOf 41 TRACT 2.265 19/MB/31 CURVE TABLE LEGEND RADIUS U;NGTH I 198.00' 101.07' 752'()()' 320.05' 198.00' 91.79' 148.00' 120.65' DELTA 29 .. 14'46" 24"23'05" 26.33'41" 46"42"33" P0C POJNT OF COMMENCEMENT TPOBC TRUE POINT OF BEG!Nl'IIING OF DESCRIBED CENTERUNE POTC POJNT OF TERMINATION OF DESCR[BEO CENTERLINE e 5/8" REBAR Wff1H CAP STAMP£D "LS 8769" 0 3/4' JRON PIPE WITH TAG "LS 6729" '< ~ ~ -Oll,oo~~ tJ o· 120· .240' 1 1 i 5CAlE 1·= 120' L2 C4 1 1 I I I I . j L3 9 EXHIBIT B PEDESTRIAN ACCESS EASEMENT Item 8.g. - Page 25 10 Item 8.g. - Page 26 DAKOS LAND SURVEYS , INC . Co nti nui ng 30 Years of Su rveyi ng Tr ad i ti on on t he Cen t ra l Co ast 7600 Morro Rd. Atascad e ro, CA 93422 • Phone (SOS) 466-2445 info @dakoslandsurveys.co m • www.d akoslandsu rveys..co m 68 (APN 007-781-060) Exhi b i t 'B' Legal D e scrip t i o n Th at porti o n o f Lot 224, Tra ct 1834, U nit 5 in the Cit y o f Arroyo Gra nde, Cou n ty o f San Luis Obispo, Stat e o f Califo rn ia accord in g to t he Tract Ma p r ecord ed December 28, 1999 in Book 19 of Maps at Page 3 in the Record er's O ffi ce of sa i d Cou n ty a n d St ate d e scri bed as fo llows: A STRI P O F LAN D 4.00 FEET WIDE, t h e sou t hwest erly line o f whi ch i s p ara llel an d con ce nt ri c with a nd 10 .0 0 f eet north easterl y o f t he followin g describ ed ce n terlin e: Comme ncm g at the east com er ot Tract 1998 m sa id Ci ty o f Arroyo Grande accord ing to the u nrecord ed Tract Map cu rrently i n p rogre ss for sa i d Tra ct 1998, sa i d corne r b eing the eas t corner o f Lot 16 according t o sa i d unrecord ed Map, sa i d corne r being a 5/8-inch rebar w i th cap stamped "LS 8769" according t o sa id unrecorded Map, sa i d corne r bea ring N orth 72 °39'2r East a d ist an ce o f 1441.45 f eet fro m the 3/4-inch iro n p i pe w i th tag "LS 6729 " o n the so u t her l y line o f sa i d Tract 1998 a n d sa i d Lot 16 a ccording t o sa i d u nrecorded Map; t h en ce al o n g sa i d sou t h erly line So u th 72°39'27" Wes t a d i stanc e of 105.32 f ee t t o t h e TR UE POINT OF BEGINNING o f sa id ce n t et line; t h en ce l eav i n g sa i d so u the rl y line Sou th 75°46'47 " East a d i sta n ce o f 52 .27 f ee t to t h e beg inni ng o f a cu rve con cave so u thwest e rly h aving a radi u s o f 198.00 fee t; t h en ce so u t heast e rly al on g sa i d curve t h ro ug h a cen t ral a n g le o f 29°1 4 '4 6" an arc length o f 101 .07 f eet to t h e beg inning o f a reve rse curve concave n ort h easte rl y having a r adius o f 7 52.00 f eet ; t h en ce so u t heaste rly al on g sa i d curve t h ro ug h a cen t ral a n g le o f 24 °23'05" a n a rc length o f 320 .05 f eet to t h e beg inning o f a reve rse curve concave sou t hwest e rly having a r adius o f 198.00 f eet ; 11 Item 8.g. - Page 27 then ce sou tiheasterly alon g sa id curve th rou gh a cen tra l angle of 26"'33'4 1 " a n arc lengt h of 91.79 fee t then ce So l.11 th 44"2 1 "26"' East a distance of 1 33.31 feet to the beginni ng o f a c u rv e con cave westerl y hav ing a radius of 1 48.00 feet then ce souti h e r1ly a long s.aid ,c u rv e thro ugh a centra l a ng fe o f 46"42'33 an arc lengt h of 120.65 feet then ce Sol.11t h 2 "2 1'08" West a d is ta nce of 2 1'9.24 feet to the sou thwest e rly lin e of Lot 4-1, Tract 2265 in said City of Arroyo Grande accordi ng to t he Tract Map recorded Au gust 23, 2000 in Boo k 19 of Maps at Page 31 in th e Rreco rd e r's Office of said County a n d St ate and th e POENT OF TERMINATIO N of said cen ter li ne. l he s ide lin es o f sa id str1ip are to be sh ortened or le n g th ened to teITT1inate at the n orth we-sterty and sou t'heasterfy lin es of s.a td 224. EXCEPTI N G TH EREFROM .An y portio n ly ing with in said Lo t 4 1, Tract 2265 . l he .attac h ed "Exh ib it 'Bi" Map E.xh ibirt Mis made p art of th is deS"c r ip ti on. Marc D. Dal::os. LS 8769 Professi o n a I Land Su rveyor (Date} 12 Item 8.g. - Page 28LOT 12 TRACT 1\)98 LOT 16 TRACT 1998 EXHIBIT 'B' MAP EXHIBIT LOT Hi ---iAA'. TRACT 1998 .,.n.•-i1·i. PCL2 AG81-76 31/PM/18 UNE L 1 L2 L3 CURVE Cl C2 C3 C4 ~12•,,-, LINE TABLE BEARING LENGTH 57S"46'47"E 52.27' 544"21"26'E 133.31' so2·21 ·os·w 219.24' ' LOT 224 e2· TRACT 1834 UNIT NO.S 19/MB/3 ......,___ DESCRIBED ( CENTERLINE .....,1-PTN LOT 34 HILUKER & WOOOBURY lRACl B/MB/78 (CC# 1992-049136) L0i41 TRACl 2265 19/MB/31 ~ CURVE TABLE LEGEND RADlUS LENGTl-l DELTA 198.00' 101.07' 29•14'46" 752.00' 320.05' 24,023'05" POC POINT OF COMMENCEMENT TPOBC TRUE POINT oi= BEGINNING oi= DESCR.lBED CENTERLINE POTC POINT OF TERMINATION OF DESCRl6EO CENTERLINE 198,00' 91.79' 2.6.33'41" • 5/8" REBAR WITH CAP STAMPED "LS 8769" 14a,00' 120.65' 46"42'33' 0 3/4 • IRON PIPE WITH TAG "LS 6729' Y'\._ ~ ~ --~"t'JM>'ffl tJ o· 120· 240' 1 1 i SCALE 1"= 120' \' ~1 l 'i I I I I :31 13 EXHIBIT C SLOPE AND DRAINAGE EASEMENT Item 8.g. - Page 29 14 Item 8.g. - Page 30 DAKOS LAND SURVEYS , INC. Co ntinu ing 30 Years of Surveyin g Tradi tio n o n the Cen tral Coast 7600 Morro Rd. Atascadero. CA 93422 • Phone (SOS) 466-2445 info@dakoslandsurveys.com • www.d akoslandsu rveys..com 7C (APN 007 -781 -060) Exhib it 'C' Legal D escri p t io n Th at porti o n o f Lot 224, Tra ct 1834, U n i t 5 in the Cit y o f Arroyo G rande, Cou n ty o f San Lu is Obispo, Stat e of Califo rn ia acco rd in g t o the Trac t Ma p r ecord ed Decemb e r 28, 1999 i n Book 19 of Maps at Page 3 in the Record e r's O ffi ce of sa i d Cou n ty a n d State d e scri bed as fo ll ows: Bo u n d ed sou thwest e rly by a line whi ch i s pa ra lle l an d co ncen t ri c with and 14 .00 feet n ortheasterly o f t h e fo ll owin g d e sc ribed centerline : Comm e ncing a t th e e ast com er of Tract 1998 in said Ci ty o f Arroyo Gra nde accord ing to the unrecord ed Tract Map c u rrently in p rogre ss fo r said Tra ct 1998, sa i d corne r b eing the eas t corner o f Lot 16 according to sa i d unr ecord ed Map, sa i d corne r b eing a 5/8-inch re b ar w i th cap stamped "LS 8769" accord ing t o sa id unrecord ed Map, sa i d co rne r bea ring North 12•39·2r East a dis t an ce o f 144 1.45 f eet from t h e 3/4-inch i ro n p ipe w i th tag "LS 6729 " o n t he so u ther ly line o f sa i d Tract 1998 a n d sa i d Lot 16 a ccording t o sa i d u nrecorded Map; t h en ce al o n g sa i d sou t h er ly line So u th 72'39 '27 ' West a di st an c,e o f 105.32 feet t o the TR UE POIN T OF BEGINNING o f sa id ce n tet l ine; t h en ce l eav ing sa i:d so u the rl y line Sou th 75°46'4 7 " East a d i st a n ce o f 52 .27 f eet to t h e b eg inning o f a cu rve con cave so u thwest erly h avi n g a radi u s o f 198.00 fee t; t h en ce so utheasterly a l ong sa i d cu rve t h ro u g h a cen tral angl e of 29°14 '4 6 " a n arc le n g th o f 101 .07 feet to t h e beg inning o f a reve rse curve concave n ort h easte rl y having a r adius o f 7 52 .00 f eet ; t h en ce so utheasterly a l o n g sa i d curve t hro ug h a cen t ral a n g le o f 24 °23'0 5" a n a rc le n g th o f 320.05 feet to t h e beg inning o f a reve rse curve concave sou t hwest e rly having a r adius o f 198.00 f eet ; 15 Item 8.g. - Page 31 t h en ce so ut heaste rly a l o n g sa i d cu rve t h ro ug h a cen tral a n g le o f 26°33 '4 1" an a rc le n g th o f 9 1. 79 feet; t h en ce So u th 44°21'26 .. East a d i sta nce o f 133.3 1 f eet to t h e beginn i n g o f a cu rve concave west e rl y h aving a radi u s o f 14 8 .00 f eet; t h en ce so u t herly a lo n g sa i d cu rve thro u gh a ce n tra l a n g l e o f 4 6 °4 2'33• an a rc le n g th o f 120.65 f eet; t h en ce So u th 2°2 1'08" West a d i st a n ce of 2 19 .2 4 f ee t to t he so u t h w e st e rl y line o f Lo t 4 1, Tra ct 2265 in sa i d Ci t y o f A rroyo Gra n d e ac co rd in g t o t h e Trac t Map r ecord ed Au g u st 23 , 2000 i n Book 19 o f M aps a t Pag e 3 1 i n t he Record e r's O ffi ce of sa i d Co u nty and St a t e a n d th e POINT O F TERM INATION o f sa i d cen t erlin e. Bo u n ded n orth easterl y by t h e following d escr i b ed line (LIN E "N "): Comme ncing at the e ast com er of Tract 1998 in sa id Ci ty o f Arroyo Gra nde accord ing to the u nrecord ed Tract Map curren tly in p rogre ss for sa i d Tra ct 1998, sa id corner being t h e eas t corner o f Lot 16 according t o sa i d unrecord ed Map, sa id corner being a S/8-inch reb ar w i th ca p st amped "LS 8769" accord i ng t o sa id u nrecor d ed Map, sa i d corner bea ring N orth 12•39·21· Eas t a d i st a n ce of 1441 .4S f eet from the 3/4-i n ch iro n p i pe w i t h tag "LS 6729 " o n t h e so u t herl y lin e o f sai d Tract 1998 a n d sa id l ot 16 a ccord ing t o sa i d u nrecorded Map; t h en ce al o n g sa i d sou t h erly lin e So u th 72°39'27" West a d i st a nce o f 6 1.28 fee t to t h e TR UE POIN T OF BEGINNING o f sa id LI N E "N "; t h en ce l eaving sa i d so u t h e rl y line Sou t h 8 0°12 '3 5" East a d i sta nce o f 20.4 3 feet to t h e beg i nning o f a cu rve con cave so u thwest erly havi ng a rad i u s o f 250.00 fee t; t h en ce so u t heast e rly a l o n g sa i d cu rve t h ro ug h a cen tral a n g le o f 27°1 7'1 S" an a rc le n g th o f 1 19 .06 fe et; t h en ce So u t h s2•ss·20" East a d i sta nce o f 29.57 f ee t t o t he b eg inn i ng o f a curve concave n o rth easte rl y h av i n g a rad i u s o f 167.80 feet; t h en ce so ut heast e rly a l o n g sa i d cu rve t h ro ug h a cen tral a n g le o f 22°2 1 '37 " an a rc le n g th o f 6 5.49 f eet t o t h e beginning o f a n on -t angent comp o u n d cu rve co n cave no rth eas t erly h aving a rad i u s of 567.2 8 f ee t t o w hich a radi al l in e b ea rs So u th 45•45•03· W e st ; 16 Item 8.g. - Page 32 t h en ce so ut heaste rly al o n g sa i d curve t h ro ug h a cen t ral angle o f 21°1 8 '30" an arc le n g t h o f 210 .97 f eet ; t h en ce Sou th 6 5°33'26 .. East a d i sta nce o: 14.42 f eet t o t h e beg inning of a cu rve con cave sou t hwest erl y h aving a radius o f 223 .00 f eet; t h en ce so u t heast e rly a l o n g sa i d curve t h ro ug h a cen t ral angle o f 21°1 2 '01 " an arc le n g t h o f 82.S 1 feet; t h en ce south 44•2 1·25-East a d istance o• 133.3 1 feet to the beginni n g o f a cu rve con cave west erl y h aving a radius o f 173 .CO f eet; t h en ce so ut herly a lo n g sa i d cu rve throu g h a ce n tral a n g l e o f 46°4 2'33"' an arc le n g t h o f 141 .04 f eet ; t h en ce Sou th 2°2 1'08" West a d i st anc e ot 23S .56 f ee t to t h e so u t h wes t e rl y line o f sa id l o t 4 1, Tract 2265 and t h e PO I NT O F TERMI NA TIO N of sa i d LINE "N ". Excepting therefrom a n y porti o n w it hin sa i d Lot 4 1. The attached "Exh i b it 'C' Map Exhibi t "'i s made part of t h i s descripti o n. Marc D. Dakes, LS 8769 Profe ssi o n a l Land Su rveyor (Da t e ) 17 Item 8.g. - Page 33LOT 12 TRACT 1998 L0T16 "TRACT 1998 PCL2 AG 81-76 :31/PM/lB EXHIBIT 'C' MAP EXHIBIT ~ LOT16 ~'\Mi-~'\_~ TRACT 1998 •3~·?.1 LINE L1 L2 L3 L4 LS L6 L7 LS L9 CURVE c, C2 C3 C4 cs C6 C7 cs C9 \'l1i C7 LOT 224 UNETABLE BEARING LENGfH TRACT 183-4 UNIT N0.5 19/MB/3 ' DESCRIBED_/ \{5 ~C8\ S75•46'47"E 52.27' S44•21 ·26"E 13:3.31" s02•21 ·os·w 219.24' S8o+12'3S"E 20.43' ss2•ss·20"E 29.5"'7' S6S•U26"E 14.42' SM621'26"E 133.31" s02·21 '08-w 235..56' s12•39•2,-w 61.28' CURV£TABLE RADCUS LENGTH DEUA 198.00" 101.07' 29"14'46" 1s2.oo· 320_05· 24"23'05" 198.00" 91,79" 26"33'41" 148.00" 120.65' 45•42·33· 2so.oo· 119.06' 27"17'15" 167.80" 65.49" 22"21 '37" 567.28" 210.97' 21°18'30" 221.00· 82.51" 21"12'01" 173.00-141.04' 4tN2'33" CENTERLINE PTN LOT 34 HlLLIKE I\ & WOOOBURY TRACT B/MB/78 (CC# 1992-04913-6) LEGEND LOT 41 TRACT 2265 19/MB/31 POC POINT OF COMMENCEMENT --'c3 ~ TPOBC TRUE POINT OF BEGINNING OF DESCRIBED CENTERLINE TPOBN TRUE POINT OF BEGINNING OF LINE "N' POTC POINT OF TERMCNATION OF Di:SCRCBED CENTERLINE POT POINT OF TERMI.NATlON OF LINE "N" e 5/8" REBAR WITH CAP ST AMPtD "LS 8769" © 3/4" IRON PIPE WITH TAG "LS 6729" ~ D ~ IIIWNOll.ost.MtdSun.'!"/J-.(X)m o· 120· 240' 1 I i SCAt£ 1"=120' (.,;,. ~ C9 I\ I I I j l co _, POTC" ,1 I POTN 18 EXHIBIT D SLOPE AND DRAINAGE EASEMENT Item 8.g. - Page 34 19 Item 8.g. - Page 35 DAKOS LAND SURVEYS , INC . Co ntinuing 30 Years of Su rveying Tradi tion o n t he Cent ra l Coast 7600 Morro Rd. Atascad e ro. CA 93422 • Phone (SOS) 466-2445 info @dakoslandsurveys.com • www.d akoslandsu rv eys..co m 80 (APN 007-78 1·060) Ex h i b i t 'D' Legal Descrip t i o n Th at porti o n o f Lot 224, Tr a ct 1834, U n i t S in the City o f A rroyo Gra n d e, Cou n ty of San Lu is O b ispo, Stat e o f Califo rn ia ac cordin g t o t h e Tra ct Map recorded December 28, 1999 in Book 19 o f Maps a t Page 3 i n t h e Recorder's O ffi ce o f sa i d Cou n ty a n d State desc ri bed as fo llows: Bo u nded n orth easte rl y by a l ine w h ich i s paralle l a n d conce n t ric w it h a n d 10 .00 fe e t sou thweste rly o f the followin g descr i bed c e n ter lin e: Comm e nc ing at the east com er o f Tract 1998 in said Ci ty o f Arroyo Gra nde acco r d ing to the u nrecord ed Tract Map c u rr en t ly i n p rogre ss for sa i d Tract 1998, sa i d corner being t h e east corn er o f Lot 1 6 according t o sa i d unrecord ed Map, sa i d corner being a 5/8-inch rebar w i th cap stamped "LS 8769" accord ing t o sa id unrecorded Map, sa i d co rner bea rin g North 72 °39'2r East a d ista n ce o f 1441.45 f eet from t h e 3/4-inch iro n p ipe w i t h tag "LS 6729 " o n the so u t her l y line o f sa i d Tract 1998 a n d sa i d Lot 16 a ccording t o sa i d u nrecord ed Map; t h en ce al o n g sa i d sou t h erly line So u th 72°39'27" West a d i st a nce o f 105.32 f ee t t o t h e TR UE POIN T OF BEGIN N ING o f sa id centerline; t h en ce l eav ing sa i d so u therl y line Sou t h 7 5°46 '4 7" East a d i st a nce o f 52.27 fee t t o t h e beg inni ng o f a cu rve con cave so u thwest erl y h avi ng a rad i u s of 198.00 fee t; t h en ce so utheast e rly a l o n g sa i d curve t h r o ug h a cen t ral a n g le o f 29°1 4 '4 6 " a n a rc length o f 10 1.0 7 fe et to t h e beginning o f a reverse curve concave n ort h easte rl y hav ing a r adius o f 7 52 .0 0 f eet ; t h en ce so utheast e rly a l o n g sa i d curve t h r o ug h a cen t ral a n g le o f 24 °23'0 5" a n a rc le ngth o f 320.0 5 fe et to t h e beginning o f a reve rse curve concave sout hwest e rly hav ing a r adius o f 198.0 0 f eet ; 20 Item 8.g. - Page 36 t h en ce so u t heaste rly a l o n g sa i d cu rve t h ro ug h a cen t ral a n g l e o f 26°33 '4 1" a n arc le ng th o f 9 1. 79 f eet; t h en ce So u th 44°21'26 .. East a d i sta nce o: 1 33.3 1 f eet t o t h e beginnin g of a cu rve concave west e rl y h aving a radiu s o f 14 8 .CO f eet; t h en c e sou t herly a lo n g .sa id c u rve thro u g h a cen trti l a n g le o f 4 G0 4 2'JJ• .:i n ti re le ng th o f 120.65 fe et; t h en ce So u th 2°2 1 '08" West a d i st a n ce ot 2 19.24 f ee t to t he so u t h w e ste rl y line o f Lo t 4 1, Tr a ct 2265 in sa i d Ci t y o f A rroyo Gra n d e ac co r d i n g t o the Trac t Map reco rd ed Au g u st 23 , 2000 in Book 19 o f Maps a t Pag e 31 i n t h e Record e r's Offi ce of ;ai d Co unty a n d St a t e and t h e POI NT OF TERM IN ATION o f sa id ce n t er line. Bo Jn ded sou thwest e rly b y t h e following d escr i b ed line (U N E "S"): Comme ncing at the e ast com er of Tract 1998 in sa id Ci ty o f Arroyo Gra nde acco rd ing t o the u nrecord ed Tract Map cu rr en t ly in p rogre s.s for sa i d Tr act 1998, sa i d corner b eing t h e eas t corner o f Lot 16 acco rd ing t o sa i d unrecord ed Map, said cor n er b e ing a S/8-inc h re b a r w ith c.1p s t amped "LS 8769" accord ing t o s-a id unrecord ed Map, sa i d corne r b ea ring N o11 h 72 °39'27" East a d i sta nce o f 144 1.45 f eet from t h e 3/4-inch iro n p i pe wi t h tag "LS 6729" o n t he so uther ly l ine o f sa i d Tract 1998 a n d sa id l ot 16 a ccord ing t o sa i d u nrecorded Map; t h en ce al o n g sa i d sou t h erly l ine So u th 72°39'27" West a d i st a nc e o f 173.2 1 f eet t o the TR UE POINT OF BEGIN N IN G o f sa id LI N E "S"; t h en ce leaving sa i d so u t h e rl y line Sou t h 8S0 46'4 7" East a d i sta nc e o f 56 .62 f eet; t h en ce So u th 7 5°06'06 .. East a d i sta nce o: 38.48 fee t t o t h e beginning o f a cu rve concave sou t h west e rl y h aving a radius o f 17S.OO f eet; t h en ce so u t heast e rly a l o ng sa i d cu rve t h ro ug h a cen t ral angle o f 31°4 8 '30" a n arc le ng th o f 97.15 f eet; t h en ce So u th 4 3°17'36 .. East a d i sta nce o: 1 16 .1 1 f eet t o t h e beg innin g of a n o n - t a r gen t curve con cave n orther l y h av in g a rad i u s o f 880.5 1 f eet to w hich a radi al line bears So uth 2 8 °18 '21" W e st; 21 Item 8.g. - Page 37 t hen ce easte rly a l o n g sa i d curve thro u g h a ce ntra l an g l e o f 14 °44'34 " a n a rc le•ngth o f 226 .56 fe et to t h e beg:inning o f a reve rs e curve concave so uthw est erly having a r adius o f 146.50 f eet ; t hen ce so utheaste rly a l o ng sa i d cu rve thro u g h a cen t ral angl e-of 32°04'4 8 " a n a rc le•ngth o f 82,0 3 feet; t hen ce So u th 4 4 °21'26 .. East a d i sta nce o f 1 33.3 1 f eet t o t h e beg innin g of a cu rve concav e west erl y h aving a radiu s o f 128.00 f ee t; t hen ce so u therl y a l o ng sa id cu rve t hrough a centra l a ngl e o f 46°4 2'33" an arc le•ngth o f 104.3 5 fe et; t hen ce So u th 2°2 1'0 8 " West a d i st a nce of 206.19 f ee t to the sou thwe ste rl y line o f sa i d Lo t 4 1 a n d the POINT Of TERM INATI ON o f sa i d LIN E "S", EX CEPTIN G TH ER EFRO M An y porti o n ly ing w i thin sai d Lo·t 41 , Tract 2265. The atta ched "Exh i b it 'D ' M ap Exhibi t "'i s made part o f t h i s descrip t i o n . Marc D, Da kes, LS 8 769 Pr ofe ssi o n a l La nd Su rvey or (Date) 22 Item 8.g. - Page 38LOT 12 TRACT 1998 LOT 16 ---11,A" TRACT 1998 13c,(l .. 1"~ '\ ~1 LOT 16 fRACT 1998 PCL2 AG81-76 ~ 31/PM/18 ,... / .rv ;;t ~§ ~~ c..; '--'cif.b, EXHIBIT 1D1 MAP EXHIBIT DESCRIBED PARCEL LINE L1 L2 L3 L10 L11 L12 LB L14 CURVE C1 C2 C3 C4 C10 C11 C12 en LOT 224 TRACT 1834 UNIT NO.5 19/MB/3 UNE TABLE BEARTNG LENGTH S7S.46'47"E S2.27' S44"21'26"E 133.31' so2·21 'OB"W 21924' S85.46'4rE 5'6.62' S7S•06'06"E 38A8' S43.17'36"E 116.11' S44•21 '26"E 133.31' S02"21 '08"W 206.19' CURVE TABLE RADrUS LENGTH DEUA 198.00" 101.07' 29"14'46" 752.00' 320.05' 24"23'05" 198.00" 91,79' 26"33'41" 148.00" 120.65' 46"42'33" 175.00" 97.15' 31"48'30" 880.51' 226.56' 14•44·34· 146.50' 82.03' 32"04'48" 128.00" 104.35' 46°42'33" LINE "S" PTN LOT 34 '-c1r / DESCIU8£D __) CENTERUNE LOT 41 TRACT 2265 19/MB/31 HIWKER & WOOOBURY TRACT B/MBfiB (CC# 1992-04913,6) LEGEND POC POINT OF COMMENCEMENT C3 --'\ " \ '-'. C12..._,.._ TPOBC TRUE POlNT OF BEG!NNlNG OF DESCRIBED CIENTERUNE TPOB.S TRUE POINT OF BEGINNING POTC PO!NT OF TERMINATION OF DESCRIBED CENTERUNE POTS POlNT OF TERMINATION • 5/8" REBAR WITH CAP ST AMPED "LS 8769" ® 3/4. IRON PIPE WITH TAG "LS 672~· ~ <7J, ~ ~ .,_ o..o.Lioirsu~ tJ o· 120· 240' li I SCALE 1"= 120' ~I RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF ARROYO GRANDE 300 E. BRANCH STREET ARROYO GRANDE, CA 93420 ATTN: CITY CLERK SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY AN AGREEMENT BETWEEN THE CITY OF ARROYO GRANDE AND CASTLEROCK DEVELOPMENT REGARDING THE CONSTRUCTION AND MAINTENANCE OF OFFSITE IMPROVEMENTS (EMERGENCY ACCESS—TRACT 01-001) THIS AGREEMENT is made this ___ day of __________ , 2020, by and between the City of Arroyo Grande, California, a municipal corporation (hereinafter "City"), and Castlerock Development, a California corporation (hereinafter "Developer"). RECITALS A.Developer is required, pursuant to Conditions of Approval Nos.11 and 12 of Resolution 4156 dated January 27, 2009, approving Vesting Tentative Tract Map No. 01-001 (aka Tract 1998), to acquire certain emergency access and pedestrian public access easements and construct and maintain certain public improvements, including an emergency access road and pedestrian path for the project. B.The acquisition of said interests in real property for the emergency access and pedestrian public access for said tract is essential to provide needed public facilities for the development and to mitigate the public facilities burdens created by the development. C.Developer has been unable to acquire by a negotiated purchase the required interests in real property for the required improvements and requests that the City assist in the acquisition by exercise of its power of eminent domain at the sole and exclusive expense of Developer. D.Since acquisition of the interests in real property necessary to construct the emergency access road and multi-use/pedestrian path will likely be by eminent domain and has therefore delayed their construction, Developer and City desire to enter into this Agreement in order to ATTACHMENT 3 Item 8.g. - Page 39 2 provide for their construction and maintenance and to satisfy the requirements forth in Condition 12 of Resolution 4156. NOW, THEREFORE, in consideration of the mutual covenants contained herein and of the recitals, it is mutually agreed by and between the parties as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein. 2. Improvement Plans. Developer shall promptly prepare improvement plans for the twenty- four foot (24’) wide emergency access road and four foot (4’) wide multi-use pedestrian path, and submit them to the City Engineer for review and approval within sixty (60) days of the date of this Agreement. 3. Subdivision Improvement Agreement. Developer agrees that the construction of the paved twenty-four foot (24’) emergency access road and multi-use pedestrian path, as set forth in Condition 12 of Resolution 4156, shall be part of the requirements for the construction of improvements contained in the Subdivision Improvement Agreement for Vesting Tentative Tract Map No. 01-001, and will be subject to all of the terms and conditions of that Agreement. 4. Maintenance. Developer agrees that the maintenance of the emergency access road and multi-use pedestrian path shall be the responsibility of the property owners of Vesting Tentative Tract 01-001 as part of the Homeowners Association (HOA) that will be formed for the project and its Covenants, Conditions and Restrictions. Maintenance of the emergency access road and multi-use pedestrian path shall be administered and performed pursuant to a recorded Emergency and Pedestrian Access Maintenance Program. A cost and schedule provision shall be included in the plans and specifications and reports necessary for the formation of the HOA. 5. No Modification. This Agreement is not intended to amend, modify or supersede any other agreement that may exist between the parties. 6. Indemnification. Developer shall defend, indemnify and hold harmless City from any and all liability or damages resulting from the performance of this Agreement. 7. Attorneys’ Fees. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorneys’ fees, costs and expenses incurred. Item 8.g. - Page 40 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. CITY OF ARROYO GRANDE: By: James Bergman, City Manager CASTLEROCK DEVELOPMENT: By: Darren Shetler, President ATTEST: Kelly Wetmore, City Clerk APPROVED AS TO FORM: Timothy J. Carmel, City Attorney Item 8.g. - Page 41 ATTACHMENT 4 Item 8.g. - Page 42 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Lucia Mar Unified School District 602 Orchard Street Arroyo Grande, California 93420 Attention: Assistant Superintendent for Business Services (Above Space for Recorder's Use Only) No Recording Fee: Government Code Section 6103 GRANTOFEASEMENTAGREEMENT THIS GRANT OF EASEMENT AGREEMENT ("Agreement") is made and entered into between the LUCIA MAR UNIFIED SCHOOL DISTRICT, a California public school district duly organized and existing under the laws of the State of California, hereinafter referred to as "GRANTOR" and CITY OF ARROYO GRANDE, a Municipal Corporation, hereinafter referred to as "GRANTEE." RECITALS WHEREAS, GRANTOR is the owner of certain real property located in Arroyo Grande, California, and referred to as San Luis Obispo County Assessor's Parcel No. 007-070-007, and more particularly described as that portion of Lot 41, Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County ("GRANTOR'S PROPERTY"); and WHEREAS, GRANTEE seeks easements in GRANTOR'S PROPERTY for emergency access, pedestrian access and slope and drainage; and WHEREAS, GRANTOR has agreed to grant such easements subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT SECTION 1. GRANT OF EASEMENT. GRANTOR does hereby grant to GRANTEE the easements described as follows: A. EMERGENCY ACCESS EASEMENT. A permanent, non-exclusive easement and public right-of-way for emergency access over the Easement Area described in Exhibit Item 8.g. - Page 43 "A", attached hereto and incorporated herein, for the benefit of and use by the Grantee, the Five Cities Fire Authority and any emergency services agency and/or emergency vehicles. Said easement shall be for purposes of ingress and egress to provide, without limitation, fire and police protection, ambulances and rescue services and other lawful governmental or private emergency services to premises, owners, occupants and invitees thereof. Grantee shall have the right to install, maintain, repair and replace a paved roadway in the Easement Area. Grantor acknowledges that the actual extent of the improvements may vary slightly due to variable site conditions. The foregoing easement shall in no way be construed as a dedication of any roadways to the public. B. PEDESTRIAN ACCESS EASEMENT. A permanent, non-exclusive easement and public right-of-way for pedestrian access over the Easement Area described in Exhibit "B", attached hereto and incorporated herein, for the benefit of and use by the general public. Said easement shall be for the purpose of installing, maintaining, repairing and replacing the access, and for public ingress, egress and recreational use of the access. Grantor acknowledges that the actual extent of the improvements may vary slightly due to variable site conditions. C. SLOPE, DRAINAGE AND CONSTRUCTION EASEMENTS. A permanent, non-exclusive easement and right-of-way to access and construct the necessary improvements for the Emergency Access and Pedestrian Access, including but not limited to slope construction and drainage improvements over the Easement Area described in Exhibit "C", attached hereto and incorporated herein, for the benefit of and use by the Grantee. Said easement shall be for the purpose of constructing and maintaining the slopes and drainage improvements described in Exhibit "C". D. TEMPORARY CONSTRUCTION EASEMENT. A temporary, non-exclusive easement and right-of-way to access and construct the necessary improvements for the Emergency Access and Pedestrian Access, including but not limited to slope construction, over the Easement Area described in Exhibit "D", attached hereto and incorporated herein, for the benefit of and use by Grantee. Said easement shall be for the purpose of constructing the slopes described in Exhibit "D". This easement shall terminate upon the completion of construction. E. The easements described in Section IA, lB, IC and ID, above, shall be collectively referred to as the "EASEMENTS". The Easement Areas described in Sections IA, IB, IC and 1D, above, shall collectively be referred to as the "EASEMENT AREAS". SECTION 2. LIMITATIONS ON EASEMENTS. A. References herein to GRANTOR and GRANTEE shall include GRANTOR'S and GRANTEE'S successors in interest. B. The EASEMENTS granted herein are subject to all existing easements, covenants, conditions, and restrictions recorded against GRANTOR'S PROPERTY. Item 8.g. - Page 44 C. It is understood and agreed that the EASEMENTS granted herein do not constitute a conveyance of a fee interest in GRANTOR'S PROPERTY or of the minerals therein and thereunder. D. The EASEMENTS granted herein are on an "AS-IS" basis and GRANTOR makes no representation or warranty of any kind regarding the condition of GRANTOR 'S PROPERTY or the EASEMENT AREAS. SECTION 3. RETENTION OF RIGHTS. GRANTOR retains for itself and its successors and assigns all rights and uses that do not unreasonably interfere with the rights granted herein to GRANTEE. SECTION 4. PLANS IMPROVEMENTS. AND SPECIFICATION FOR THE EASEMENT GRANTEE, or its agents, shall be responsible, at its sole cost, for the preparation of plans and specifications for any work associated with GRANTEE'S, or its agents', contractors', invitees' or members of the general public, including, without limitation, THE MEADOWS AT RANCHO GRANDE HOMEOWNERS' ASSOCIATION'S, use of the EASEMENT AREA. After completion of all improvements within the EASEMENT AREAS, GRANTEE will provide, at its sole cost, "as built" drawings for the easement improvements to the GRANTOR. SECTION 5. MAINTENANCE OF EASEMENT AREA. GRANTEE, at no cost to GRANTOR, shall maintain, or cause to be maintained, all easement improvements and the EASEMENT AREA in good condition and repair, and shall repair all damage at no cost to the GRANTOR. SECTION 6. INSURANCE. A. Public Liability And Property Damage. GRANTEE agrees to maintain in full force and effect throughout its use of the EASEMENTS including, without limitation, a suitable policy or policies of public liability and property damage insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with GRANTEE'S use of the EASEMENTS. Such insurance shall be in amounts not less than $2,000 ,000 for injury to or death of one or more persons as a result of any one accident or incident; and $2 ,000,000 for property damage. B. Automobile Liability. GRANTEE also agrees to maintain in full force and effect with regard to any vehicles which GRANTEE brings onto the EASEMENT AREAS a suitable policy or policies of automobile liability insurance with a combined single limit of $1,000,000 per accident. C. Workers ' Compensat ion. GRANTEE shall also maintain, in full force and effect throughout the duration, Workers' Compensation insurance in accordance with the laws of Item 8.g. - Page 45 California, and employers' liability insurance with a limit of not less than $1,000,000 per employee and $1,000,000 per occurrence. D. Professional Liability. With respect to any architectural or engineering work, GRANTEE, or its agents and/or consultants, must obtain professional liability insurance, including contractual liability, with limits of $2,000,000 per occurrence. E. Notice~ Additional Named Insureds. All insurance required under this EASEMENT shall be issued by the California Joint Powers Insurance Authority. All insurance shall be insured as a primary policy and contain an endorsement requiring thirty (30) days written notice from the insurance company to both parties hereto before cancellation or change in coverage, scope or amount of any policy. The GRANTOR, its directors, officers, agents, employees and consultants, shall be designated as additional named insureds on insurance set forth in this Section, Paragraphs (A) and (B). SECTION 7. INDEMNITY. A. GRANTEE and its successors and assigns shall indemnify, protect, defend and hold harmless GRANTOR and its successors and assigns from and against any and all actual or potential claims, liens, actions, demands, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including, without limitation, reasonable attorneys' fees, litigation expenses and court costs) of every kind and character, other than as such arises from the active negligence or willful misconduct of GRANTOR, its employees or agents, including, without limitation, on account of death, injury or damage to persons or property, arising out of, or caused, in whole or in part, by: (i) GRANTEE'S, or its agents', contractors', invitees', and/or THE MEADOWS AT RANCHO GRANDE HOMEOWNERS' ASSOCIATION'S, or its agents', contractors', invitees' activities within the EASEMENT AREAS in relation to implementation of the easement improvements; (ii) GRANTEE'S, or its agents', contractors', invitees', and/or THE MEADOWS AT RANCHO GRANDE HOMEOWNERS' ASSOCIATION'S, or its agents', contractors', invitees' use of the EASEMENT AREAS; (iii) Use of or access to EASEMENTS by members of the general public. B. GRANTOR and its successors and assigns shall indemnify, protect, defend and hold harmless GRANTEE and its successors and assigns from and against any and all actual or potential claims, liens, actions, demands, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including, without limitation, reasonable attorneys' fees, litigation expenses and court costs) of every kind and character, including, without limitation, on account of death, injury or damage to persons or property, arising out of the active negligence or willful misconduct of GRANTOR, its employees or agents with respect to the EASEMENTS or the EASEMENT AREAS. Item 8.g. - Page 46 SECTION 8. SUCCESSORS, MISCELLANEOUS. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of GRANTOR and GRANTEE. GRANTEE shall not assign, transfer or convey any of its rights and/or obligations under this Agreement. This Agreement contains the entire agreement between the parties relating to the rights granted herein and the Agreement obligations assumed hereby and may only be modified by a written agreement executed by all parties hereto and recorded in the official records of the County of San San Luis Obispo. SECTION 9. NOTICE. Any notice which a party is required or may desire to give the other shall be in writing and shall be sent either: (a) by United States registered or certified mail, return receipt requested, postage prepaid; or (b) by a generally recognized overnight carrier providing proof of delivery. Any such notice shall be addressed to a party at the party's address appearing below. Any party may change its address for notice at any time by written notice in accordance with this Section. LUCIA MAR UNIFIED SCHOOL DISTRICT 602 Orchard Street Arroyo Grande, California 93420 Attention: Assistant Superintendent of Business Services CITY OF ARROYO GRANDE 300 East Branch Street Arroyo Grande, California 93420 Attention: City Clerk SECTION 10. ATTORNEY'S FEES. In the event any action or suit is brought by a party against another party by reason of the breach of any of the covenants or agreements set forth in this Agreement or any other dispute between the parties concerning this Agreement, each party shall be responsible for its own attorney's fees and costs. SECTION 11. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of California. Item 8.g. - Page 47 SECTION 12. PARTIAL INVALIDITY. The invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order, shall in no way effect any of the other provisions hereof, or the application thereof to any other person, and the same shall remain in full force and effect to the maximum extent possible. SECTION 13. COMPLIANCE WITH APPLICABLE LAW. GRANTEE shall comply with all laws, ordinances, rules, and regulations applicable to the design or construction of the Work enacted or promulgated by any public or governmental authority or agency, having jurisdiction over the EASEMENT AREAS, including, without any limitation, licensing requirements. SECTION 14. PROVISIONS REQUIRED BYLAW. Each and every provision of law and clause required to be inserted in this contract shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not inserted correctly, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. SECTION 15. RECITALS. The Recitals are incorporated into this Agreement as though fully set out herein. Ill Ill Ill Item 8.g. - Page 48 SECTION 16. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this __ day of ________ , 2019. Name Title Assistant Su erintendent Business Services CITY OF ARROYO GRANDE Title ioev Nrune 9 Approved as to form: ATKI DELSON, LOYA, RUUD & ROMO Lisa R. e sq. Attorneys for Lucia Mar Unified School District Approved as to form: CITY OF ARROYO GRANDE ::~ttomey 8 Title ~ Item 8.g. - Page 49 EXHIBIT A EMERGENCY ACCESS EASEMENT Item 8.g. - Page 50 DAKOS LAND SURVEYS, INC. Continuing 30 Y,ears of Surveying Tradition on the Central Coast 7000 MorH1 Rd .. Atasc.adero, CA 93422 • Phan,e, (B05) <li56-2445 infa@dakosland-s.u rvey s.com • V1"1'1w.dakoslam:lsu!Ney-s,com 1A (APN 007-070-007) Exhibit 'A' Legal Descriptio.n That portion of Lot 41, Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County and State described as follows: A strip of land 20.00 feet wide, lying 10.00 feet on each side of the following described centerline: Commencing at the east comer of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said rnrner being a 5/8-inch reb.ar w.ith cap stamped YLS 8769~ according to said unrecorded Map, said corner bearing North 72°39'2r East a distance of 1-441.45 feet from the 3/4-inch iron pipe with tag "LS 6729~ on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72"39"27°' West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75'"46'47" East a. distance of 52.27 feet to the heginning of a curve concave southwe.sterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 29~14'46" an arc length of 101.07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752.00 feet; thence southeasterly along said curve through a central angle of 24"23'05" an arc length of 320.05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet Item 8.g. - Page 51 thence southeastedy along said curve through a central angle of 26°33'41" an arc length of91.79 feet; thence South 44~21 '26" East a distance qf 133.31 feet to the t;,eginn:ing of a curve concave we!rterly having a radius of 148.00 feet thence southerly along said curve through a central angle of 46a42•33· an arc length of 120.65 feet; thence South 2°21"08" We5t a distance of 219.24 feet to the southwesterly fine of said lot 41 arid the POINT' OF iERM1NA TION of said centerline. The side lines of said strip are to be shortened or lengthened to terminate at the northwesterly. and southwesterly lines :o.f said Let 41. EXCEPTING THEREFROM Any portion of said strip lying within Lot 224,1 Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obis.po, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County and State. The attached "Exhibit 'A' Map EJchibtt"' is made part of this description. Marc D. Dakos, LS 8769 Professional Land Surveyor (Date} Item 8.g. - Page 52LOT12 TRACT 1998 ---.__ TPOSC ,~ POC LOT16 ---• •• \~c:.":>,2'.~__.,/ TRACT 1998 ,2r~ ,M PCL2 AG 81-76 .31/PM/18 EXHIBIT 'A' MAP EXHIBIT UNE L1 L2 L3 CURVE C1 C2 C3 C4 ~11.··~~ UNETABLE BEARING LENGTH S75"46'47"E 52.2T S44"21".26'E _133 31' so2·21 ·os·w .219.24' LOT 224 TRA.CT 1834 UNIT NO.5 19/MB/3 J>TN LOT 34 HllUKER & WOOOBLJRY TRACT S/MB/78 {CC-If 1992-049136) LOT 41 TRACT 2265 19/MB/31 CURVE TABLE LEGEND RADlUS LENGTI-1 DELTA POC POINT OF COMMENCEMENT 198,00' 101.07' 29°14'46" TPOBC TR.UE POINT OF BEGINNING Of DESCRISED CENTERLINE 752.00' 320,05' z4•23•os· POTC POINT OF TERMINATION OF DESCRIBED CENTERUNE 198.00' 91.79' 2&•33•41• '♦ 5/8" REBAR WITH CAP STAMPED "LS 8769" 148.00' 120.65' 46"42"33" 19 3/4' TR.ON PIPE WITH TAG "LS 6729' o· ~~ ~~ ._,,.-1.·.0r1ml.Jtt:1iu.,t'.,'t«'f!" t:::) 120· SCA.LE 1·~ 120 to.DO' 20.0()' L3 .240' Item 8.g. - Page 53 EXHIBITB PEDESTRIAN ACCESS EASEMENT Item 8.g. - Page 54 DAKOS LAND SURVEYS, INC. Continuing 30 Years of Surveying Tradition on the Central Coast 7600 Mor,o Rd .. Atascadero; CA 93422 • Phon,e (BOS ! 466-2445 inro •@dako~landiurveys .com • w,iw.dakos fandsui!'~ey·s .o:om 2B (APN 007-070-007) Exhi bit 'B' Leg al Description Those portions of Lot 41, Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map remrded August 23, 2000 in Book 19 of Maps at Page 31· in the Recorder's Office of said County and State described as a whole as follows: A STRIP OF LAND 4 .00 FEET WIDE, the southwesterly and westerly line of which is parallel and concentric with and 10.00 feet northeasterly and easterly of the following deS<:ribed centerline: Commencing at the east comer of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped ·ts 8769~ according to said unrecorded Map, said corner bearing North 72"39'2r East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag ~Ls 6729" on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72"39'27" West a distance of 105 .32 feet to the TRUE POINT OF BEGINNING of said centerline: thence leaving said southerly line South 754-46'47" East a distance of 52-27 feet to the beginning of a curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 29°14'46'' an arc length of 101.07 feet to the beginning of a reverse curve concave northeasterly having a radius cf 752 .00 feet; thence s.outheasterly along said curve through a central angle of 24°23'05" an arc length of 320.05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet; Item 8.g. - Page 55 thence southeasterly along said curve through a central angle of 26 .. 33'41" an arc length of 91 .79 feet thence South 44"21 '26_ East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 146.00 feet; thence southerly along said curve through a central angle of 46"42'33_ an arc length of 120.65 feet thence South 2"21'08" West a distance of 219.24 feet to the southwesterly line of said Lot 41 and the POINT OF TERMINATION of said centerline. The side lines of said strip ctre to be shortened or lengthened to tenninate at the northwest erly and southwesterly line of said Lot 41 . TOGETHER WITH that portion of said Lot 41 described as follows : Beginning at a point on the easterly side line of the afotedescribed 4.00 foot wide strip, said point bearing North 2"21"08" East a distance of L71 feet from the intersection of the southwesterly line of said Lot 41 with the easterly side fine of said 4.00 foot wide strip; Thence, leaving said easterly side line, perpendicular to said side line, South 87"38'52_ East a distance of 26.00 feet; Thence, South 2"'21 '08" West a distance of 12.50 feet to the southwesterly corner of said Lot 41; thence along said southwesterly line North aa~41'48" West a distance of 9.47 feet; thence North 55•33·50-West a distance of 19.74 feet to said intersection of the southwesterly line of said Lot 41 with the easterly side line of said 4.00' wide strip; thence, leaving said southwesterly line, along the easterly side line of said 4.00 foot wide strip North 2 .. 21 ·oa· East a distance of 1.71 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM Item 8.g. - Page 56 Any portion of said strip lying within Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of s~id County and State. The attached "Exhibit '8' Map E>:hibit .. is made part of this description. Ma re D. Dakos, LS 8769 Professional Land Surveyer (Date) Item 8.g. - Page 57LOT 12 TRACT 1998 LO~'\ TRACT 1998 •~~•2.1'"-'"41L lOT224 ' PCL2 AG 81-76 31/PM/18 EXHIBIT 'B' MAP EXHIBIT TRACT 1834 UNIT N0.5 19/MB./3 ~~ ~~ 'f,'VtN &t..,.-J.rA•.u"L•.J'-rn"I"> t:J o· 120· 240' I I SCALE 1•= 12-0"' I UNE TABLE UNE BEARING LENGTH L1 57S•A-6"4TE 52.27 L2 544°21'26"E 133.31' l:'. s02~i1·os·w 219.24' CURVE TABLE CURVE RADJUS LENGTH DELTA (1 198.00' 101.07' 29°14'46" CZ 752.00' 320.05" 24"23'05" C3 198.00' 91.79' 26.33'41" C4 14-8.00' 120.65' 45•42•33· PTN LOT 34 . ·~ OESCR;Bf;~-1· , CENTERUNE LOT41 TRACT 2265 19/MB/31 HlLUKER & WOODBURY TRACT B/MB/78 {COi 1992-049136) LEGEND POC POlNT OF COMMENCEMENT TPOBC TRUE POINT OF BEGJNNING OF DESCRIBED CENTERUNE POS POlNT OF BEGINNING POTC POlNT OF TERMINATION CF DESCRCBED CENTERUNE R RECORD DATA PER 19/MS/31 ·■ S/8" RESAR WITH CAP STAMP~D "LS 6769" 0 3/4" IRON PIPE WITH TAG "LS 6729" LOT41 TRACT226S 1WM8/31 --P-0!3· :-......v ---,_ -.. ~.""' > :-,.:":: ••rr•,•---~• •V 19 7, -:if' ... A ~b -"' '41'48'W ~ ~ N 9.47' ~ :C-c-~ \ Q.,; 7% N88°4 ['48"W 9.47' R :9,7__,_~ I HIDDEN OAK RD DETAIL NOTTO SCAL£ Item 8.g. - Page 58 EXHIBIT C SLOPE AND DRAINAGE EASEMENT Item 8.g. - Page 59 DAKOS LAND SURVEYS, INC. Continuing 30 Years of Su rve ying Tradition on tne Central Coast 7-600 Morr,o Rd, At.ascad~ro, CA 93422 • Fhone (BOS~ 466-244:5 info@dakosland~UM!'.)'S.com • ,~·ww.dakosfandsuNey,tcom 3C (APN 007-070-007} Exhibit 't' legal Description· Those portions of Lot 41, Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County aind State described as a whole as follows: Bounded southwesterly and westerly by a line which is parallel and concentric with and 14.00 feet northeasterly and easterly of the following described centerline: Commencing at the east comer of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map c'urrently in progress for said Tract 1998, said corner being the east comer of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped ULS -8769" according to said unrecorded Map, said corner bearing North 72•39•2r East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729u on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72"39'27" West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75°46'47" East a distance of 52.27 feet to the beginning of a curve concave southwesterly having a radius of 198.00 feet thence southeasterly along said curve through a central angle of 29" 14 '46" an arc length of 101.07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752.00 feet; thence southeasterly along said curve through a central angle of 24°23'05" an arc length of 320 .05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet; Item 8.g. - Page 60 thence southeasterly along said curve through a central angle of 26"331 41" an arc length of 91.79 feet; thence South 44"21'26_ East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 148_00 feet; thence southerly along said curve through a central angle of 46°42'33· an arc length of 120.65 feet; thence South 2"21'08" West a distance of 219.24 feet to the southwesterly line of said Lot 41 and the POINT OF TERMINATION of said centerline. Bounded northeasterly and easterly by the following described line (LINE ·"N·): Commencing at the east comer of Tract 1998 in said City of Arroyo Grande according to the unrecord~d Tract Map currently in progress for said Tract 1998, said corner being the east comer of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769" according to said unrecorded Map, said corner bearing North 72•39•2r East a distance of 1441 -45 feet from the 3/4-inch iron pipe with tag "LS 67~9u on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along sa[d southerly line South 72"39'27" West a distance of 61.28 feet to the TRUE POINT OF BEGINNING of said LINE "N"; thence leaving said southerly line South 80"12'35" East a distance of 20_43 feet to the beginning of a curve concave southwesterly having a, radius of 250.00 feet; thence southeasterly along said curve through a central angle of 27"17'15" an arc Ieng.th of 119.06 feet thence South s2•55·20~ East a distance of 29.57 feet to the beginning, of a curve concave northeasterly having a ra-dius of 167.80 feet; thence southeasterly along said curve through a central angle of 22°21 '.37" an arc length of 65.49 feet to the beginning of a non-tangent compound curve concave northeasteriy having a radius of 567.28 feet to which a radial line bears South 45•45•03· West; thence southeasterly along said curve through a central angle of 21"18'30" an arc length of 210 .97 feet; Item 8.g. - Page 61 thence South 65"33'26"' East a distance of 14.42 feet to the beginning of a curve concave southwesterly having a radius of 223.00 feet; thence southeasterly along said curve through a central angle of 21 "'12'01" an arc length of 82..51 feet thence South 44•21 '26 .. East a distance of 133.31 . feet to the beginning of a curve concave westerly having a radius of 173.00 feet thence southerly along said curve through a central angle of 45a4z•33"' an arc length of 141.04 feet; thence South 2'"21'0S" West a distance of 235.56 feet to the southwesterly fine of sa'id Lot 41 and the pOINT OF TERMINATION of said L!NE "N'\ TOG ETHER WITH that portion of said Lot 41 descrit:>ed as follows: Beginning at aforedescribed POJNT OF TERMJNATION of UNE ~N·; thence along said LINE "N" North 2°21 '08" East a distance of 15.89 feet thence leaving said UNf. "N'", perpendicular to said Line, South 87"'36'52" East a distance of 24.00 feet thence South 2"21"08" West a distance of 19.50 feet to the intersection of the easter1y prolongation of the southwesterly line of said Lot 41; thence North 88"41'48. West a distance of 9.00 feet to the south\vesterfy comer of said Lot41; thence along said southw~sterly line North-B8•41~4a" West a distance of 9.47 feet; thence North 55•33·50· West a distan-ce of 6 ,61 feet to the POINT OF TERMJNATION of said LINE ''N''. EXCEPTING THEREFROM Item 8.g. - Page 62 Any ,portion lying wtthanlot 224, Tr.act 1834 ~ Unit 5 In sa jd City of A_rroy() Gra nde a ccord ing to th~ TracJ Map reco rde(J Dece m ber 28, 199 9 in 5.oo k 19 of Maps at Pa ge 3'iri the Jtecorder'l Offr~e of s<1ic;J Coun ty .and State. The a tt.:i c hed • Exhibit 'C' Map Exhibit "is made part of this description. Mar( It Oa kos, LS 8769 '. Prof,essionaf.Lan·d SU rveyo t · (Date) Item 8.g. - Page 63LOT 16 TRACT 1998 LOT 12 TRACT 1998 PCL2 AG S.1-76 ll/PM/18 EXHIBIT 1C1 MAP EXHIBIT LINE 'N' r;i LOT 41 TRACT 2265 19/MB/31 -Sa 7'38'S2"C.!4.CO' ~ t;;\ 1•-e. ,· ~11•.o;~·i. .. , I P m ;,.---POTN 'Yss.x ~ ~ .,, 111.ss~33·so·w ~ r ~· I_,_ .---:. -~ w LOT 224 TRACT 1834 UNIT NO.5 19/MS/3 o· 120' 240' .,-.o.,~u,,;Su-.~,~•" 1 I i SCALE 1"• 120' LINE TABLE ~ UNE BEARJNG LEI-JGTH L1 S75°46'4TE 52.27' L2 S44 ... 21'26"E 133.31' L3 so2·21 ·oe·w 219.24' ~ L4 S80-12'35"f 20.43' t:I LS S52°55'20"f 29ST L6 565°33'26.£ 14,42' L7 544~21'26"1; 133.31' L8 so2•z1 ·oo-w 235.56' L9 sn•39·2rw 61.28' CUR.VET ABLE CURVE RADIUS LENGTH DELTA Cl 198,00' JDt.07' 29"14'46" C2 752.00' 320.05' 24"23'05" 0 198.00' 91,79' 26°?,3'41" C4 148.00' 120.65' 45•42·33• cs 2so.01,r 1Vil.05' 27"17'15" C6 167.80' 65.4!1' 22"21 '37" C7 S67.2S' 210.97' 21'18'30" cs 223.0D' ll2.51; 21' 12'01" C9 173.00' 141.04' . 46·◄2'33" DESCRl~fO ' -CENTERLINE ""' PTN LOT 34 HlLUKER & WOOOSURY TPACT B./MS/78 (CC.i! 1992-049136) LEGEND LOT41 TAACT2265 19/MS/31 POC POlNT OF COMMENCEMENT ,.._ -·--:.~~8 .. ~ -~ ~""--~' C3 . TPOSC TRUE POINT OF BEGINNING OF DE'SCRlBED CENTERLINE TPOBN TRUE POINT OF SEGINNlNG OF UNE 'N" POTC POINT OF TERMINATION OF DESCRTBED CENTERLINE POTN POlNT OF T~RMINATION m LINE "N" R RECORD DATA PER 19/M6/31 .; 5/8" REBAR WITH CAP STAMPED • LS 876~• 0 3W IRON PIPE WlTH TAG "LS 6729'' a, 6.6\' 9 N88·4l'48"'W F C'¼f'. ··6'e•~ t-9.47' __ 9 oo·_ ~ .Ov,9 ·7·-' f'of!IB"41'48"W 9.47' R HIDDEN I OAI( !\D I -11.00' co __, DETAIL NOTTO SCALE OESCRJSED PARCEL Item 8.g. - Page 64 EXHIBITD SLOPE AND DRAINAGE EASEMENT Item 8.g. - Page 65 DA.KOS LAND SURVEYS, INC. Continuing 30 Years of Surveying Tradition on the Central Coast 7600 Morro Rd,. At.ascadera ; CA 'l3422 • Phon-e (B05) 41j6 -2 445 info -@dakoiland1-urveys.com • W.NW .dakosfar:dsu1Ne~.com 4D (APN 007-070-007) E:xbibit ·o· legal Description That portion of lot 41, Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County and State described as follows: Bounded northeasterly and easterly by a .line which is parallel and concentric with and 10.00 feet southwesterly and westerly of the following described centerline: Commencing at the east comer of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east comer of lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769~ according to said unrecorded Map, said corner bearing North 72•39•2r East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729" on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 7z•39·2r West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75.46'47" East a distance of 52.27 feet to the beginning of a curve concave southwesterly having a rad1us of 198.00 feet; thence southeasterly along said curve through a central angle of 29" 14'46" an arc length of 101 .07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752.00 fe'e t; thence southeasterly along said curve through a central angle of 24"23'05" an arc length of 320.05 feet to the beginning of a reverse curve concave southwesterly having a r.:1dius of 198.00 feet; Item 8.g. - Page 66 thence southeasterly a I ong said curve through a central .angle of 26 ~3 3 '41 " an arc length of 91.79 feet thence South 44a21 "26" East a distance of 133 .31 feet to the beginning of a cu rve concave westerly having a radius of 148.00 feet; thence southerly along said curve through a central angle of 469 42'33" an arc length of 120.65 feet thence South 2•2r08" West a distance of 219.24 feet to the southwesterly fine of said Lot 41 and the POINT Of TERMINATION of said centerline. Bounded southwesterly and westerly by the following described line (LINE "S"): Commencing at the east' comer of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east comer of Lot 16 according to said unrecorded Map, said corner being a 5/8;._inch rebar with cap stamped ULS 8769" according to said unrecorded Map, said corner bearing North 12•39•2r East a distance of 1441.45 feet from the 3/4-indi iron pipe with tag "LS 6729·~ on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72"39"2T West a distance of 173.21 feet to the TRUE POINT OF BEGINNING of said LINE "S"; thence leaving said southerly line South 8-5°46'47" East a distance of 56.62 feet; thence South 75a06"06-East a distance of 38.48 feet to the beginning of a curve concave southwesterly having a radius of 175.00 feet; thence southeasterly along said curve through a central angle of 31 '"'48'30'' an arc length of 97.15 feet thence South 43a1T36" East a distance of 116.11 feet to the beginning of a non- tan-gent cul'Ve• concave northerly having a radius of 880.51 feet to which a radial line bears South 28'"18'21" West; Item 8.g. - Page 67 thence easterly along said curve through a central angle of 14•44•34" an arc length of 226.56 fe~t to the beginning of a reverse curve concave southwesterly having a radius of 1-46.50 feet; thence southea.ster(y along said curve fhrough a central angle of 32:0 04148" an arc . length of 82.03 feet , thence South 44•21 '26., East a distance of 133.31 feet ,Q the beginning of a curve concave westerly having a radius of 128.00 feet thence southerly along said curve through a central angle of 46a42'33 .. an arc length of 104.35 feet; thence South 2"'21'08" West a distance of 206.19 feet to the southwesterly line of said Lot 41 and the POJNT OF TERMINATION of said LINE ,.S ... EXCEPTING THEREFROM Any portion within . Lot 224, Tract 1834, Unit 5 in said <:;ity of Arroyo Gran.t:fe according to the Tract Map recor_ded December 28.i 1999 in ~o.c;ik 1'9 of Maps at Page 3 in the Recorder's Office of said County and Sta.te. The attached "Exhibit 'D' Map Exhibit "is made part of this description. Marc D. Dakos, LS 8769 Professional land ~urveyor Item 8.g. - Page 68LOT 1.2 "x' ·, PCL 2 TRACT 1998 ---"-.':',.. r.rv-AG 81-76 31/PM/18 EXHIBIT 'D' MAP EXHIBIT LOT16 TRACT 1998 -•' A-.,. --1...--,,3.-<-~r· ,· -,•~<}'Z -_ .~] · Cl , .f"---~"'i:.' . ...... . ~~ ~1~ ~ >~ • "~--LINE L1 L2 L3 L10 L 11 L12 L13 L14 CURVE C1 G C3 C4 C10 C11 C12 CB LINE TABLE SEARING LENGTH S75 .. 46'47"E 52.27' S44~21'261E 133.31' so2·21 'Dll"W 219.24' S85.46'47"E 56.62' S75°06'06"E 3-fl48' S43°17'36''E 116.11' S44"21 '26"E 133.31' so2· 21 ·oa"w 206.19' ..;. \· . ,~ C10 ~ J '-<.,-~ .• DESCRIBED LOT 224 TRACT 18:l4 UNIT NO.5 19/MB/3 ., f: ~~TERUNE J:'TN LOT 34 DESCRIBED PARCEL LOT 41 TRACTZ26S 19/MB/31 HILLIKER & WOOOBLJRY TAACT B/MB/78 ' ...... .,., ~ c~ LfNE "S" CURVE TABLE {CC<li 1992-049136) RADIUS LENGTH 198.00" 101.07' 752.00' 320.05' 198.00' 91.79' 14s.oo· 120.65' HS.Off 97.15' 880.51' 226.56' 146.S-O' 82..03· 12s.oo· 104.35' DELTA 29"14'46" 24•23·05-26"33'41" 46"42'3;.I" 31"48,'30_ 14•44·34· 32•04·4g• 46'42'33" LEGEND POC POINT OF COMMENCEMENT TPOBC TRUE POINT OF BEGINNING OF DESCRIBED CENTERUNE TPOBS TRUE POINT OF BEGINNING OF LINE •s" POTC POINT OF TERMINATION OF DESCRIBED CENTERUNE POTS POlNT OF-TERM1NA110~J OF LINE "S" • 5/13" R!:6AR WITH CAP STAMPED ·LS6769" GJ l/4" IRON PIPE WITH TAG "LS 6729" o· I F'OTS ~ ~-~n~.i..,.,t-Y'td.iu-·-t-,",i;-~ 120' -I 5C.A.LE 1·= 1207 ~ ~ tJ 240' I Item 8.g. - Page 69EMERGENCY ACCESS . Mar Property Lucia . . . . . EAD u-I' '''#/Olj/1/IJ I """ I 1 , 1 , \ • HoLuNG!~RlY ·· 1 I 11Wt41li/1 1 1 ""'!'!"I '"' ~:;.~; ,., -.· 1 / I \ I \ \ '~R?, 11 I\ 1111t1,11911111 I I _,., .... . . I I ( I I I I [ { I \ I \ \ I \ I I \ '-/ / ~t/Jll~/IJ/1 I ·''-",'~=,·c· i "*""" o / / -,'r;-!-~ !-, ·w-r-;.+:i.\ u.:,. ~ -*l/1411111 1_ ...,,."'"' . . -1 -1 1 1 / TRACT 19~8,,(i..J~"""~·. _ :k}_-{..li'==":k-.-~.-:i . 1j/llf_L-:::_1--~ --=~-.....{<£ -.__ . ,....._ -. I / I I I , 'Y. "-~ \ . ' ~, 11: · ,-_'ifL!!_~r,-_-~1 . ='-.-""-_ ~~ ; ; 1.i..-!):U}1__\-H_ . . . ~I Jljt/11/JII/J I _ ~ ~~ -__ I ~J I ---T--.~ I .'; j 1/ 7, -=--=--~__,,--""~~~~~-. "\ I 1, r /, , I I I I . · , f{ff' I PJ:!§,,,,.z--3/-= ~~ ""' -"' ~'%.~1;,_-~1,. \l ' I ' '-◊-"'m "'="' \ ""' "''-~\\~ "~~~~~.&~, ,,, \\ \\\ ' ' '., ~~"'i,,-~~ °'' \\PN.!l07~70\0~7\\\ \ 1ilil11\1\\ ,, ;(\ '4....,. / p-1\~~ ~ n \ \ \ , \ \ I I \ \\ I 111111111 1 ~ · \) •• a1-0so ~:-0 z-0. ,, ;%},,~ 0df!' I / I \ \ \ \ \ \ I I \ I \ ,11111111\1 (I~~ \ / / j /II?;;'/",; ~ ---\ I \ \ \ \ 1 I • I 1 1 . • 111111\1~ •~~~~ -j / •f /kt;µ/ -;; > -.... .... \ / / \ -~ ""-1111,,~ : 0 '. -t"c t;,./ I I I I I//. .Y ~::-.,oc~,==ess=a• , ,-~,: ' w .~\\\\,i~-,,\ · ~\-. ~ / / / n I I, ,,.u==•=• ,_ ~,m ,. , ~~-_--,_:;,a / ✓ ,, I -~ __ =<em>S ~"' ~, , -~'" ' -"'~ «-~oc'"' _ -.~.-) \ > I \\\\\\~111\0~ -+----~~~i.. ·. J I t ,, ~ I I I I TIOF W, EXJSTJNl3 R GH .I ~✓,...,,,,.._ •• I AU.WEA~OO'!IASl;'5lo/~-~--·. ·-. ·~·-~~· iB;im...;..,.;. ES PROPERTY ... ..-. ~=•'~" .~ir=i·-JAM DRAINAGE SWALE WI CHECK DAMS ~ ._ RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 (Above Space for Recorder's Use Only) No Recording Fee: Government Code Section 6103 GRANT OF EASEMENT AGREEMENT THIS GRANT OF EASEMENT AGREEMENT ("Agreement") is made and entered into between THE HIGHLANDS AT RANCHO GRANDE HOMEOWNERS ASSOCIATION, a California Non-profit Mutual Benefit Corporation duly organized and existing under the laws of the State of California, hereinafter referred to as "GRANTOR" and CITY OF ARROYO GRANDE, a Municipal Corporation, hereinafter referred to as "GRANTEE." RECITALS WHEREAS, GRANTOR is the owner of certain real property located in Arroyo Grande, California, and referred to as San Luis Obispo County Assessor's Parcel No. 007-781-060, and more particularly described as that portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County ("GRANTOR'S PROPERTY"); and WHEREAS, GRANTEE seeks easements in GRANTOR'S PROPERTY for emergency access, pedestrian access and slope and drainage, and WHEREAS, GRANTOR has agreed to grant such easements subject to the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: AGREEMENT SECTION 1. GRANT OF EASEMENT. GRANTOR does hereby grant to GRANTEE the easements described as follows: A.EMERGENCY ACCESS EASEMENT. A permanent, non-exclusive easement and public right-of-way for emergency access over the Easement Area described in Exhibit "A", attached hereto and incorporated herein, for the benefit of and use by the Grantee, the Five Cities Fire Authority and any emergency services agency and/or emergency vehicles. Said easement shall be for purposes of ingress and egress to provide, without limitation, fire and police protection, ambulances and rescue services and other lawful governmental or private emergency services to premises, owners, occupants and invitees ATTACHMENT 5 Item 8.g. - Page 70 thereof. Grantee shall have the right to install, maintain, repair and replace a paved roadway in the Easement Area. Grantor acknowledges that the actual extent of the improvements may vary slightly due to variable site conditions. The foregoing easement shall in no way be construed as a dedication of any roadways to the public. B. PEDESTRIAN ACCESS EASEMENT. A permanent, non-exclusive easement and public right-of-way for pedestrian access over the Easement Area described in Exhibit "B", attached hereto and incorporated herein, for the benefit of and use by the general public. Said easement shall be for the purpose of installing, maintaining, repairing and replacing the access, and for public ingress, egress and recreational use of the access. Grantor acknowledges that the actual extent of the improvements may vary slightly due to variable site conditions. C. SLOPE AND DRAINAGE EASEMENTS. A permanent, non-exclusive easement and right-of-way to access and construct the necessary improvements for the Emergency Access and Pedestrian Access, including but not limited to slope construction and drainage improvements over the Easement Area described in Exhibits "C" and "D", attached hereto and incorporated herein, for the benefit of and use by the Grantee. Said easement shall be for the purpose of constructing and maintaining the slopes and drainage improvements described in Exhibits "C" and "D". D. The easements described in Section 1.A, 1.B, and 1.C, above, shall be collectively referred to as the "EASEMENTS". The Easement Areas described in Sections 1.A, 1.B, and 1.C, above, shall collectively be referred to as the "EASEMENT AREAS". SECTION 2. LIMITATIONS ON EASEMENTS. A. References herein to GRANTOR and GRANTEE shall include GRANTOR'S and GRANTEE'S successors in interest. B. The EASEMENTS granted herein are subject to all existing easements, covenants, conditions, and restrictions recorded against GRANTOR'S PROPERTY. C. It is understood and agreed that the EASEMENTS granted herein do not constitute a conveyance of a fee interest in GRANTOR'S PROPERTY or of the minerals therein and thereunder. D. The EASEMENTS granted herein are on an "AS-IS" basis and GRANTOR makes no representation or warranty of any kind regarding the condition of GRANTOR'S PROPERTY or the EASEMENT AREAS. SECTION 3. RETENTION OF RIGHTS. GRANTOR retains for itself and its successors and assigns all rights and uses that do not unreasonably interfere with the rights granted herein to GRANTEE. SECTION 4. PLANS IMPROVEMENTS, AND SPECIFICATION FOR THE EASEMENT. GRANTEE, or its agents, shall be responsible, at its sole cost, for the preparation of plans and specifications for any work associated with GRANTEE'S, or its agents', contractors', invitees' or members of the general public, including, without limitation, THE MEADOWS AT RANCHO Item 8.g. - Page 71 GRANDE HOMEOWNERS ASSOCIATION’S use of the EASEMENT AREA. After completion of all improvements within the EASEMENT AREAS, GRANTEE will provide, at its sole cost, "as built" drawings for the easement improvements to the GRANTOR. SECTION 5. MAINTENANCE OF EASEMENT AREA. GRANTEE, at no cost to GRANTOR, shall maintain, or cause to be maintained, all easement improvements and the EASEMENT AREA in good condition and repair, and shall repair all damage at no cost to the GRANTOR. SECTION 6. INSURANCE. A. PUBLIC LIABILITY AND PROPERTY DAMAGE. GRANTEE agrees to maintain in full force and effect throughout its use of the EASEMENTS including, without limitation, a suitable policy or policies of public liability and property damage insurance, insuring against all bodily injury, property damage, personal injury, and other loss or liability caused by or connected with GRANTEE'S use of the EASEMENTS. Such insurance shall be in amounts not less than $1,000,000 for injury to or death of one or more persons as a result of any one accident or incident, and $1,000,000 for property damage. B. AUTOMOBILE LIABILITY. GRANTEE also agrees to maintain in full force and effect with regard to any vehicles which GRANTEE brings onto the EASEMENT AREAS a suitable policy or policies of automobile liability insurance with a combined single limit of $1,000,000 per accident. C. WORKERS' COMPENSATION. GRANTEE shall also maintain, in full force and effect throughout the duration, Workers' Compensation insurance in accordance with the laws of California, and employers' liability insurance with a limit of not less than $1,000,000 per employee and $1,000,000 per occurrence. D. PROFESSIONAL LIABILITY. With respect to any architectural or engineering work, GRANTEE, or its agents and/or consultants, must obtain professional liability insurance, including contractual liability, with limits of $1,000,000 per occurrence. E. NOTICE: ADDITIONAL NAMED INSUREDS. All insurance required under this EASEMENT shall be issued by the California Joint Powers Insurance Authority. All insurance shall be insured as a primary policy and contain an endorsement requiring thirty (30) days written notice from the insurance company to both parties hereto before cancellation or change in coverage, scope or amount of any policy. The GRANTOR, its directors, officers, agents, employees and consultants, shall be designated as additional named insureds on insurance set forth in this Section, Paragraphs (A) and (B). SECTION 7. INDEMNITY. A. GRANTEE and its successors and assigns shall indemnify, protect, defend and hold harmless GRANTOR and its successors and assigns from and against any and all actual or potential claims, liens, actions, demands, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including, without limitation, reasonable attorneys' fees, litigation expenses and court costs) of every kind Item 8.g. - Page 72 and character, other than as such arises from the active negligence or willful misconduct of GRANTOR, its employees or agents, including, without limitation, on account of death, injury or damage to persons or property, arising out of, or caused, in whole or in part, by: (i) GRANTEE'S, or its agents', contractors', invitees', and/or THE MEADOWS AT RANCHO GRANDE HOMEOWNERS' ASSOCIATION'S, or its agents', contractors', invitees' activities within the EASEMENT AREAS in relation to implementation of the easement improvements, (ii) GRANTEE'S, or its agents', contractors', invitees', and/or THE MEADOWS AT RANCHO GRANDE HOMEOWNERS' ASSOCIATION'S, or its agents', contractors', invitees' use of the EASEMENT AREAS; (iii) Use of or access to EASEMENTS by members of the general public. B. GRANTOR and its successors and assigns shall indemnify, protect, defend and hold harmless GRANTEE and its successors and assigns from and against any and all actual or potential claims, liens, actions, demands, proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgments, awards, costs and expenses (including, without limitation, reasonable attorneys' fees, litigation expenses and court costs) of every kind and character, including, without limitation, on account of death, injury or damage to persons or property, arising out of the active negligence or willful misconduct of GRANTOR, its employees or agents with respect to the EASEMENTS or the EASEMENT AREAS. SECTION 8. SUCCESSORS, MISCELLANEOUS. The terms and provisions of this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of GRANTOR and GRANTEE. GRANTEE shall not assign, transfer or convey any of its rights and/or obligations under this Agreement. This Agreement contains the entire agreement between the parties relating to the rights granted herein and the Agreement obligations assumed hereby and may only be modified by a written agreement executed by all parties hereto and recorded in the official records of the County of San Luis Obispo. /// /// /// Item 8.g. - Page 73 SECTION 9. NOTICE. Any notice which a party is required or may desire to give the other shall be in writing and shall be sent either: (a) by United States registered or certified mail, return receipt requested, postage prepaid, or (b) by a generally recognized overnight carrier providing proof of delivery. Any such notice shall be addressed to a party at the party's address appearing below. Any party may change its address for notice at any time by written notice in accordance with this Section. THE HIGHLANDS AT RANCHO GRANDE HOMEOWNERS ASSOCIATION C/O Armstrong Community Management PO Box 871 Visalia, CA 93279 Attention: Susanne Thomas CITY OF ARROYO GRANDE 300 East Branch Street Arroyo Grande, California 93420 Attention: City Clerk SECTION 10. ATTORNEY’S FEES. In the event any action or suit is brought by a party against another party by reason of the breach of any of the covenants or agreements set forth in this Agreement or any other dispute between the parties concerning this Agreement, each party shall be responsible for its own attorney’s fees and costs. SECTION 11. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of California. SECTION 12. PARTIAL INVALIDITY. The invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order, shall in no way effect any of the other provisions hereof, or the application thereof to any other person, and the same shall remain in full force and effect to the maximum extent possible. SECTION 13. COMPLIANCE WITH APPLICABLE LAW. GRANTEE shall comply with all laws, ordinances, rules, and regulations applicable to the design or construction of the Work enacted or promulgated by any public or governmental authority or agency, having jurisdiction over the EASEMENT AREAS, including, without any limitation, licensing requirements. SECTION 14. PROVISIONS REQUIRED BY LAW. Each and every provision of law and clause required to be inserted in this contract shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted or is not Item 8.g. - Page 74 inserted correctly, then upon application of either party the contract shall forthwith be physically amended to make such insertion or correction. SECTION 15. RECITALS. The Recitals are incorporated into this Agreement as though fully set out herein. SECTION 16. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this _____ day of _________________, 2020. ______________________________________________________________________________ GRANTOR: Mark Frink, President The Highlands at Rancho Grande Homeowners Association ______________________________________________________________________________ GRANTEE: Caren Ray Russom, Mayor City of Arroyo Grande ______________________________________________________________________________ APPROVED AS TO FORM: Timothy J. Carmel, City Attorney City of Arroyo Grande ______________________________________________________________________________ ATTEST: Kelly Wetmore, City Clerk City of Arroyo Grande Item 8.g. - Page 75 EXHIBIT A EMERGENCY ACCESS EASEMENT Item 8.g. - Page 76 Item 8.g. - Page 77 DAKOS LAND SURVEYS, INC. Continuing 30 Yea rs of Survey i ng Tradit ion on the Central Coast 76 00 M o rro Rd , Atas cadero, CA 93 422 • Ph o ne (805) 466-2445 i nfo@da kos landsurveys.co m • www.dakos lan dsurveys.com SA Access (APN 007-781-060) Exhibit 'A ' Legal Descr iption That portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28 , 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County and State described as follows : A strip of land 20 .00 feet wide, lying 10.00 feet on each side of the following described centerline : Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769 " according to said unrecorded Map, said corner bearing North 72 °39 '27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "LS 6729 " on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72 °39'27" West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75 °46'47'' East a distance of 52 .27 feet to the beginning of a curve concave southwesterly having a radius of 198 .00 feet; thence southeasterly along said curve through a central angle of 29 °14 '46" an arc length of 101 .07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752 .00 feet; thence southeasterly along said curve through a central angle of 24 °23'05" an arc length of 320 .05 feet to the beginning of a reverse curve concave southwesterly hav ing a radius of 198.00 feet; Item 8.g. - Page 78 thence southeasterly along said curve through a central angle of 26°33'41" an arc length of 91 .7 9 feet; thence South 44 °21'26" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 148.00 feet; thence southerly along said curve th rough a centra l angle of 46 °42'33" an arc length of 120.65 feet; thence South 2°21'08" West a distance of 219 .24 feet to the southwesterly line of Lot 41 , Tract 2265 in said City of Arroyo Grande according to the Tract Map recorded August 23 , 2000 in Book 19 of Maps at Page 31 in the Recorder's Office of said County and State and the POINT OF TERMINATION of said centerl ine. The side lines of said strip are to be shortened or lengthened to terminate at the northwesterly and southeasterly lines of said Lot 224 . EXCEPTING THEREFROM Any portion of said strip lying within said Lot 41 , Tract 2265 . The attached "Exhibit 'A' Map Exhibi t "i s made part of this description. Marc D. Dakos, LS 8769 Professional Land Surveyor 01 -08 -20 (Date) Item 8.g. - Page 79LOT 12 TRACT 1998 PCL 2 AG 81-76 31/PM/18 EXHIBIT 'A' MAP EXHIBIT LOT16 TRACT 1998 ,...,1"\:. \At,;\. ~11.•39 ,_ ;; LINE TABLE LINE BEARING Ll S75°46'47"E L2 S44°21 '26"E L3 so2·21 ·oa"w LENGTH 52.27' 133.31' 219.24' LOT 224 TRACT 1834 UNIT NO.5 19/MB/3 PTN LOT 34 HILLIKER & WOODBURY TRACT B/MB/78 (CC# 1992-049136) LOT41 TRACT 2265 19/MB/31 DESCRIBED CENTERLINE CURVE TABLE LEGEND CURVE RADIUS LENGTH DELTA Cl 198.00' 101.07' 29°14'46" POC POINT OF COMMENCEMENT TPOBC TRUE POINT OF BEGINNING OF DESCRIBED CENTERLINE C2 752.00' 320.05' 24°23'05" POTC POINT OF TERMINATION OF DESCRIBED CENTERLINE C3 198.00' 91.79' 26°33'41" e 5/8" REBAR WITH CAP STAMPED "LS 8769" POTC C4 148.00' 120.65' 46°42'33" @ 3/4" IRON PIPE WITH TAG "LS 6729" ~6 ~~ www.Oak.osLandSurveys.com D o· 120· 240' SCALE 1"= 120 L3 HIDDEN OAK RD TRACT 2265 19/MB/31 EXHIBIT B PEDESTRIAN ACCESS EASEMENT Item 8.g. - Page 80 Item 8.g. - Page 81 DAKOS LAND SURVEYS, INC. Cont inuing 30 Ye ar s of Survey ing Tradi t ion on the Cent ral Coa st 7600 Morro Rd, Atascadero, CA 93422 • Phone (805) 466-2445 info@dakoslandsurveys .c om • www.dakoslandsurveys.com 6B Pedestrian (APN 007-781-060) Exhibit 'B' Legal Description That portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28 , 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County and State described as follows : A STRIP OF LAND 4 .00 FEET WIDE , the southwesterly line of which is parallel and concentric with and 10.00 feet northeasterly of the following described centerline : Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769 " according to said unrecorded Map, said corner bearing North 72 °3 9'27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "L S 6729 " on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72 °3 9'27 " West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75 °46 '47 " East a distance of 52 .27 feet to the beginning of a curve concave southwesterly having a radius of 198 .00 feet; thence southeasterly along sa id curve through a central angle of 29 °14 '46 " an arc length of 101 .07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752 .00 feet; thence southeasterly along said curve through a central angle of 24 °23'05" an arc length of 320 .05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet; Item 8.g. - Page 82 thence southeast erly along said curve through a centra l angle of 26 °3 3 '41 " an arc lengt h of 91.79 feet; thence South 44 °21 '26" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 148.00 fee t; thence southerly along said curve through a centra l angle of 46 °42'33 " an arc length of 120.65 feet; thence South 2°21 '08 " West a distance of 219 .24 feet t o the sou t hweste rly line of Lot 41 , Tract 2265 in said City of Arroyo Grande accord ing to t he Tract Map recorded August 23, 2000 in Book 19 of Maps at Page 31 in the Recorde r's Office of said County and State and the POINT OF TERM I NATION of sa id cente rl ine . The side lines of said strip are to be shortened o r lengthened to terminate at the northw este r ly and southeaste r ly lines of sa id 224 . EXCEPTING THEREFROM A ny portion lying with in said Lot 41 , Tr act 2265 . The atta ched "Exhibit 'B' M ap Exh ibit "is made pa rt of th is description . Marc D. Dakes, LS 8769 Professional Land Surveyor 01-08-20 (Date) Item 8.g. - Page 83LOT 12 TRACT 1998 LOT 16 --w,.\ TRACT 1998 , 1"\:. \ PCL 2 POC AG 81-76 31/PM/18 ~11.•39'-;; LINE TABLE LINE BEARING LENGTH Ll S75°46'47"E 52.27' L2 S44°21 '26"E 133.31' L3 so2·21 ·08"W 219.24' CURVE TABLE CURVE RADIUS LENGTH LOT 224 TRACT 1834 UNIT NO.5 19/MB/3 DELTA PTN LOT 34 HILLIKER & WOODBURY TRACT B/MBn8 (CC# 1992-049136) LEGEND LOT41 TRACT 2265 19/MB/31 Cl 198.00' 101.07' 29°14'46" POC POINT OF COMMENCEMENT EXHIBIT 1B1 MAP EXHIBIT C2 752.00' 320.05' 24°23'05" TPOBC TRUE POINT OF BEGINNING OF DESCRIBED CENTERLINE POTC POINT OF TERMINATION OF DESCRIBED CENTERLINE ~6 ~~ www.Oak.osLandSurveys.com D o· 120· 240' ,.,., _, SCALE 1"= 120 HIDDEN OAK RD TRACT 2265 19/MB/31 C3 198.00' 91.79' 26°33'41" C4 148.00' 120.65' 46°42'33" e 5/8" REBAR WITH CAP STAMPED "LS 8769" POTC ® 3/4" IRON PIPE WITH TAG "LS 6729" EXHIBIT C SLOPE AND DRAINAGE EASEMENT Item 8.g. - Page 84 Item 8.g. - Page 85 DAKOS LAND SURVEYS, INC. Continuing 30 Yea rs of Survey i ng Trad it ion on the Cent ral Coast 760 0 M o rro Rd, Atascadero, CA 93 422 • Ph o ne (805) 466-2445 info@da kos landsurveys .co m • www.dakoslandsurveys.co m 7C Slope & Drainage (APN 007-781-060) Exhibit 'C' Legal Description That portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder's Office of said County and State described as follows: Bounded southwesterly by a line which is parallel and concentric with and 14.00 feet northeasterly of the following described centerline: Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769" according to said unrecorded Map, said corner bearing North 72 °39'27" East a distance of 1441.45 feet from the 3/4-inch iron pipe with tag "L S 6729 " on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72 °39'27" West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leavi ng said southerly line South 75°46'47" East a distance of 52 .27 feet to the beginning of a curve concave southwesterly having a radius of 198.00 feet; thence southeasterly along said curve through a central angle of 29°14 '46" an arc length of 101.07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752.00 feet; thence southeasterly along said curve through a central angle of 24°23 '05" an arc length of 320 .05 feet t o the beginning of a reverse curve concave southwesterly having a rad ius of 198 .00 feet; Item 8.g. - Page 86 thence southeasterly along said curve through a central angle of 21°18'30" an arc length of 210 .97 feet; thence South 65°33'26" East a distance of 14.42 feet to the beginning of a curve concave southwesterly having a radius of 223 .00 feet; thence southeasterly along said curve through a central angle of 21 °1 2'01 " an arc length of 82.51 feet; thence South 44°21 '26" East a distance of 133.31 feet to the beginning of a curve concave westerly having a radius of 173 .00 feet; thence southerly along said curve through a central angle of 46°42'33" an arc length of 141 .04 feet; thence South 2°21 '08 " West a distance of 235.56 feet to the southwesterly line of said Lot 41, Tract 2265 and the POINT OF TERMINATION of said LINE "N". Excepting therefrom any portion within said Lot 41. The attached "Exhibit 'C' Map Exhibit "is made part of this description. Marc D. Dakos , LS 8769 Professional Land Surveyor 01 -08 -20 (Date) Item 8.g. - Page 87LOT12 TRACT 1998 LOT 16 --A,A'\ TRACT 1998 •3cf2.1"~ '\ ,1i: POC LOT 224 PCL2 AG 81-76 31/PM/18 EXHIBIT 'C' MAP EXHIBIT LINE TABLE LINE BEARING LENGTH TRACT 1834 UNIT N0.5 19/MB/3 ·---cs --~ "'-'· L1 S75°46'47"E 52.27' L2 S44°21'26"E 133.31' L3 so2·21 ·os"w 219.24' L4 sso012•3s"E 20.43' LS ss2°ss·2o"E 29.57' L6 S6S033'26"E 14.42' L7 S44°21'26"E 133.31' LB so2°21 ·os"w 235.56' L9 s12•39·2rw 61.28' CURVE TABLE CURVE RADIUS LENGTH DELTA C1 198.00' 101.07' 29°14'46" C2 752.00' 320.05' 24°23'05" C3 198.00' 91.79' 26°33'41" C4 148.00' 120.65' 46°42'33" cs 250.00' 119.06' 27°17'15" C6 167.80' 65.49' 22°21 '37" PTN LOT 34 HILLIKER & WOODBURY TRACT B/MB/78 (CC# 1992-049136) LEGEND LOT 41 TRACT 2265 19/MB/31 POC POINT OF COMMENCEMENT '· TPOBC TRUE POINT OF BEGINNING OF DESCRIBED CENTERLINE TPOBN TRUE POINT OF BEGINNING OF LINE "N" o· C7 567.28' 210.97' 21°18'30" POTC POINT OF TERMINATION OF DESCRIBED CENTERLINE POT POINT OF TERMINATION OF LINE "N" POTC CB 223.00' C9 173.00' 82.51' 141.04' 21°12'01" 46°42'33" e 5/8" REBAR WITH CAP STAMPED "LS 8769" 0 3/4" IRON PIPE WITH TAG "LS 6729" w 6 [M tJ 240' m _, www.DakosLandSur,,eys.com 120' SCALE 1"=120 CX) _, HIDDEN OAK RD TRACT 2265 19/MB/31 EXHIBIT D SLOPE AND DRAINAGE EASEMENT Item 8.g. - Page 88 Item 8.g. - Page 89 DAKOS LAND SURVEYS, INC. Continuing 30 Yea rs of Survey i ng Tradit ion on the Central Coast 76 00 M o rro Rd , Atas cadero, CA 93 422 • Ph o ne (805) 466-2445 i nfo@da kos landsurveys.co m • www.dakos lan dsurveys.com 8D Slope & Drainage (APN 007-781-060) Exhibit 'D' Legal Description That portion of Lot 224, Tract 1834, Unit 5 in the City of Arroyo Grande , County of San Luis Obispo, State of California according to the Tract Map recorded December 28, 1999 in Book 19 of Maps at Page 3 in the Recorder 's Office of said County and State described as follows : Bounded northeasterly by a line which is parallel and concentric with and 10 .00 feet southwesterly of the following described centerline : Commencing at the east corner of Tract 1998 in said City of Arroyo Grande according to the unrecorded Tract Map currently in progress for said Tract 1998, said corner being the east corner of Lot 16 according to said unrecorded Map, said corner being a 5/8-inch rebar with cap stamped "LS 8769 " according to said unrecorded Map, said corner bearing North 72 °39 '27" East a distance of 1441 .45 feet from the 3/4-inch iron pipe with tag "LS 6729 " on the southerly line of said Tract 1998 and said Lot 16 according to said unrecorded Map; thence along said southerly line South 72 °39'27" West a distance of 105.32 feet to the TRUE POINT OF BEGINNING of said centerline; thence leaving said southerly line South 75 °46'47" East a distance of 52 .27 feet to the beginning of a curve concave southwesterly having a radius of 198 .00 feet; thence southeasterly along said curve through a central angle of 29 °14'46" an arc length of 101 .07 feet to the beginning of a reverse curve concave northeasterly having a radius of 752 .00 feet; thence southeasterly along said curve through a central angle of 24 °23'05" an arc length of 320 .05 feet to the beginning of a reverse curve concave southwesterly having a radius of 198.00 feet; Item 8.g. - Page 90 thence easterly along said curve through a central angle of 14°44'34" an arc length of 226.56 feet to the beg inning of a reverse cu rve concave southwesterly having a rad i us of 146.50 feet; thence southeasterly along said curve through a central angle of 32 °04'48" an arc le ngth of 82 .03 feet; thence South 44°21 '26" East a distance of 133.31 feet to the beg i nning of a curve concave westerly having a radius of 128.00 feet; thence southerly along said curve through a central angle of 46°42 '33" an arc length of 104.3 5 feet; thence South 2°21'08 " West a distance of 206.19 feet to the southwesterly line of sa id Lot 41 and the POINT OF TERMINATION of said LINE "S". EXCEPTING THEREFROM Any portion lying within said Lot 41, Tract 2265 . The attached "Ex hibit 'D' Map Exhibit "i s made part of this description . Marc D. Dakos, LS 8769 Professiona l Land Surveyor 01-08-20 (Date) Item 8.g. - Page 91LOT 12 TRACT 1998 LOT 16 ,-:-,,.AA· TRACT 1998 7.•?,9'7.1 £. ,1 DESCRIBED PCL 2 AG 81-76 31/PM/18 ~ -rv~I -~~ !b~ EXHIBIT 'D' MAP EXHIBIT <i► www.OakosLandSurveys.com o' 120· ~ ~ CJ 240' PARCEL __________,,,, <'~ /".... ·',j/ "-. SCALE 1"= 120 LINE L1 LZ L3 L10 L11 L12 L13 L14 CURVE C1 CZ C3 C4 C10 C11 C12 C13 LOT 224 TRACT 1834 UNIT NO.5 LINE "S" 19/MB/3 LINE TABLE BEARING LENGTH S75°46'47"E 52.27' S44 °21 '26"E 133.31' so2°21 ·oa"w 219.24' SB5°46'47"E 56.62' S75°06'06"E 38.48' S43°17'36"E 116.11' S44°21'26"E 133.31' so2·21 ·oa"w 206.19' CURVE TABLE RADIUS LENGTH DELTA 198.00' 101.07' 29°14'46" 752.00' 320.05' 24•23•05" 198.00' 91.79' 26°33'41" 148.00' 120.65' 46°42'33" 175.00' 97.15' 31°48'30" 880.51' 226.56' 14°44'34" 146.50' 82.03' 32°04'48" 128.00' 104.35' 46°42'33" DESCRIBED CENTERLINE PTN LOT 34 HILLIKER & WOODBURY TRACT B/MB/78 (CC# 1992-049136) LEGEND LOT 41 TRACT 2265 19/MB/31 POC POINT OF COMMENCEMENT TPOBC TRUE POINT OF BEGINNING OF DESCRIBED CENTERLINE TPOBS TRUE POINT OF BEGINNING POTC POINT OF TERMINATION OF DESCRIBED CENTERLINE POTS POINT OF TERMINATION e 5/8" REBAR WITH CAP STAMPED "LS 8769" ® 3/4" IRON PIPE WITH TAG "LS 6729" <'-~ ◊ POTS ;! _, rv, _, HIDDEN OAK RD TRACT 2265 19/MB/31 LOT 37 TRACT2265 19/MB/31 THE MEADOWS AT RANCHO GRANDE 1 ARROYO GRANDE, CA RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Arroyo Grande Attn: City Clerk 300 East Branch Street Arroyo Grande, CA 93420 (Above Space for Recorder's Use Only) No Recording Fee: Government Code Section 6103 T HE MEADOWS AT RANCHO GRANDE HOMEOWNERS ASSOCIATION EMERGENCY AND PEDESTRIAN A CCESS MAINTENANCE PROGRAM ATTACHMENT 6 Item 8.g. - Page 92 THE MEADOWS AT RANCHO GRANDE 2 ARROYO GRANDE, CA SECTION 1 INTRODUCTION The Meadows at Rancho Grande (“The Meadows”) is located in the City of Arroyo Grande, San Luis Obispo County, and consists of 15 single-family residential home sites. This program has been developed as a working document to provide The Meadows at Rancho Grande Homeowners Association, Inc. (“Association”) with a guide to fulfill its maintenance obligation relative to emergency and pedestrian access across property belonging to the Lucia Mar Unified School District and the property belonging to The Highlands at Rancho Grande Homeowners Association. Said emergency and pedestrian access is described and granted per that certain Easement Deed between the City of Arroyo Grande and the Lucia Mar Unified School District, recorded as Instrument No. ____________, and that certain Easement Deed between the City of Arroyo Grande and The Highlands at Rancho Grande Homeowners Association, recorded as Instrument No. ____________. SECTION 2 OBJECTIVES This “Emergency and Pedestrian Access Maintenance Program” (“Maintenance Program”) has been developed to establish the maintenance obligations of the Association in regards to those portions of the Emergency and Pedestrian Access (“Access”) that are located on property belonging to either the Lucia Mar Unified School District (“School District”) or The Highlands at Rancho Grande Homeowners Association (“Highlands HOA”). Maintenance obligations of the Association in regards to the portion of the Access that is located specifically within The Meadows at Rancho Grande are described in The Meadows at Rancho Grande Homeowners Association Common Area Management Program. The objectives of this program are as follows: 1) Implementation of an emergency access and pedestrian access maintenance plan to ensure that the installed Access improvements are maintained so as to achieve their intended purpose, including: a) Maintenance of the Access surface b) Maintenance of the slopes associated with the Access SECTION 3 RESPONSIBLE PARTIES 3.01 THE MEADOWS AT RANCHO GRANDE HOMEOWNERS ASSOCIATION, INC. The Association is responsible for funding and completing the requirements of this Maintenance Program including the coordination of the activities of the Maintenance Contactor and the City of Arroyo Grande, as applicable. 3.02 CITY OF ARROYO GRANDE The City of Arroyo Grande (“City”) will provide oversight over the Association by receiving annual reports from the Association verifying the obligations of this Maintenance Program have been fulfilled. 3.03 MAINTENANCE CONTRACTOR The Maintenance Contractor (“Contractor”) is a qualified individual(s) or company(ies) (licensed where required by law) that may be contracted by the Association to complete any or all necessary inspections, maintenance and / or repairs. The Association shall be responsible for communicating and directing the work of the Contractor. Item 8.g. - Page 93 THE MEADOWS AT RANCHO GRANDE 3 ARROYO GRANDE, CA SECTION 4 EMERGENCY AND PEDESTRIAN ACCESS MAINTENANCE PLAN 4.01 DESCRIPTION An emergency and pedestrian access was constructed from the end of Blossom Valley Road through Open Space Lot 16, through the existing adjacent but separately-owned parcels (the Highlands HOA and the Lucia Mar School District) to Hidden Oak Road. The Access was constructed to achieve City and local Fire Authority health and safety requirements. 4.02 MAINTENANCE RESPONSIBILITIES The Association is responsible for the maintenance of the Access through the existing adjacent privately owned parcels (the Highlands HOA and the School District) to the connection at Hidden Oak Road. This responsibility shall remain in place as long as the Access use is limited to emergency access and pedestrian access and the underlying parcels remain vacant. A change in use for any portion of the Access or the underlying parcel shall require City approval and will require the issue of maintenance responsibilities to be re-addressed by the City as part of the approval process. In the event of multiple parties benefiting from the Access, a shared responsibility is to be established. This shared responsibility is to include a prorata share of the maintenance activities and costs. 4.03 MAINTENANCE ITEMS The Association’s responsibility for Access maintenance shall include the following activities: A. VEGETATION CLEARANCE MAINTENANCE Weeds growing within the Access surface are to be removed followed by the application of herbicide to prevent future growth. B. SURFACE AND DRAINAGE MAINTENANCE The Access to be maintained as originally designed and constructed. Cross slopes and drainage patterns of the Access surface are to be maintained as originally installed. The surface of the Access shall be composed of either compacted decomposed granite (“DG”) or compacted Class 2 base material, as approved by the City of Arroyo Grande City Engineer. The Access surface and slopes are to be inspected routinely for maintenance needs. Surface slopes to be stabilized by hydro seeding after construction is completed. 4.04 MAINTENANCE SCHEDULE The following Access maintenance activities are to be routinely performed and documented in accordance with the attached Exhibit A - Annual Maintenance Schedule. SECTION 5 REPORTING The Association is to submit an annual summary report by July 1st each year to the City Community Development Department of its inspections and maintenance activities. Reports are to include the following:  Copies of completed Periodic Inspection Sheet(s), attached as Exhibit B – Periodic Inspection Sheet;  Maintenance activity logs that describe activities performed in response to the Periodic Inspections; and  Additional documents from Contractor as may be appropriate, such as permits if required to perform specific work. SECTION 6 FUNDING The funding of the execution of this Maintenance Program is the sole responsibility of the Association, subject to Section 4.02. Item 8.g. - Page 94 THE MEADOWS AT RANCHO GRANDE 4 ARROYO GRANDE, CA The City may by its choice, after written 45-day notification to the Association, complete any or all portions of this Maintenance Program at the Association’s expense, if the Association fails to comply with the requirements of this Maintenance Program. SECTION 7 ENFORCEMENT The City of Arroyo Grande is hereby designated as a “Third Party Beneficiary” to the maintenance obligations identified in this Maintenance Program. This gives the City certain enforcement powers to ensure maintenance goals are adequately achieved as described herein. SECTION 8 EFFECTIVE DATE This Maintenance Program is subject to City review, revision and approval. This Maintenance Program, along with respective enforcement rights, becomes effective as of the date of its recording. Item 8.g. - Page 95 THE MEADOWS AT RANCHO GRANDE 5 ARROYO GRANDE, CA EXHIBIT A ANNUAL MAINTENANCE SCHEDULE Item 8.g. - Page 96 THE MEADOWS AT RANCHO GRANDE 6 ARROYO GRANDE, CA This page left intentionally blank Item 8.g. - Page 97 THE MEADOWS AT RANCHO GRANDE 7 ARROYO GRANDE, CA THE MEADOWS AT RANCHO GRANDE HOMEOWNER ASSOCIATION EMERGENCY AND PEDESTRIAN ACCESS ANNUAL MAINTENANCE SCHEDULE Season / Month Maintenance Activity In the Spring, after the rainy season ends April - May Access surface inspection and maintenance April - May Access slope and drainage inspection and maintenance April - May Weed control inspection and maintenance In the Fall, before the rainy season begins Sept - Oct Access surface inspection and maintenance Sept _Oct Access slope and drainage inspection and maintenance Sept - Oct Weed control inspection and maintenance Item 8.g. - Page 98 THE MEADOWS AT RANCHO GRANDE 8 ARROYO GRANDE, CA EXHIBIT B PERIODIC INSPECTION SHEET Item 8.g. - Page 99 THE MEADOWS AT RANCHO GRANDE 9 ARROYO GRANDE, CA This page left intentionally blank Item 8.g. - Page 100 THE MEADOWS AT RANCHO GRANDE 10 ARROYO GRANDE, CA THE MEADOWS AT RANCHO GRANDE Emergency and Pedestrian Access Periodic Inspection Sheet Inspector: __________________________________________ Date: ______________________________________________ FEATURE INSPECTION MAINTENANCE / REPAIR Graded Slopes ( ) Inspect for erosion ( ) Repair eroded areas ( ) Inspect for displacement, slips, slides ( ) Repair slopes & embankments ( ) Inspect groundcover ( ) Repair groundcover ( ) ( ) Emergency Access ( ) Inspect for erosion ( ) Repair eroded areas ( ) Inspect for debris and sedimentation ( ) Remove debris and sedimentation ( ) Inspect for ruts, potholes in surface ( ) Repair ruts, potholes in surface ( ) Inspect for weeds in surface ( ) Remove weeds from surface ( ) ( ) Pedestrian Access ( ) Inspect for erosion ( ) Repair eroded areas ( ) Inspect for debris and sedimentation ( ) Remove debris and sedimentation ( ) Inspect for ruts, potholes in surface ( ) Repair ruts, potholes in surface ( ) Inspect for weeds in surface ( ) Remove weeds from surface ( ) ( ) Item 8.g. - Page 101 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.g. - Page 102