CC 2016-03-08_09g Easements_Agreements_139 W BranchMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, DIRECTOR OF COMMUNITY DEVELOPMENT
BY: MATTHEW DOWNING, ASSOCIATE PLANNER
SUBJECT: CONSIDERATION OF A RESOLUTION ACCEPTING PUBLIC UTILITY,
CREEK, AND STREET TREE EASEMENTS AND APPROVING LICENSE
AGREEMENTS AT 139 WEST BRANCH STREET
DATE: MARCH 8, 2016
RECOMMENDATION:
It is recommended the City Council:
1. Adopt a Resolution accepting a Public Utility Easement, a Public Creek
Easement, and a Public Street Tree Easement; and
2. Approve and authorize the City Manager to execute License Agreements for the
use of City property at 139 West Branch Street.
IMPACTON FINANCIAL AND PERSONNEL RESOURCES:
No impacts to financial or personnel resources are anticipated.
BACKGROUND:
Location
Subject Property
Item 9.g. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION ACCEPTING PUBLIC UTILITY, CREEK, AND
STREET TREE EASEMENTS AND APPROVING LICENSE AGREEMENTS AT 139
WEST BRANCH STREET
MARCH 8, 2016
PAGE 2
In April 2012, a Minor Use Permit-Plot Plan Review was approved for the renovation
and remodel of the locally designated historic structure at 139 West Branch Street. As
part of the project approval, the applicant was required to dedicate a creek easement
for the purpose of habitat conservation, a street tree easement for street trees adjacent
to the City right-of-way, and a Public Utility Easement as necessary for the installation
or maintenance of public utilities. Additionally, the project was conditioned to obtain
License Agreements for the use of City property at the front and rear of the property.
ANALYSIS OF ISSUES:
Acceptance of the easements and approval of the license agreements is consistent
with the project's approval. The easements will allow for habitat conservation and
potential for a future pedestrian path in the vicinity of Arroyo Grande Creek, as well as
providing access for the maintenance of utilities and street tree areas. The License
Agreements with allow for the placement of patio features and landscaping within
unimproved portions of the City right-of-way.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
Adopt the attached Resolution accepting a Public Utility Easement, a Public
Creek Easement, a Public Street Tree Easement, and approve License
Agreements for the use of City property and authorizing the City Manager to
execute the agreements;
Modify and adopt the attached Resolution accepting a Public Utility Easement, a
Public Creek Easement, a Public Street Tree Easement, and approve License
Agreements for the use of City property and authorizing the City Manager to
execute the agreements; or
Do not adopt the attached Resolution and instead provide direction to staff.
ADVANTAGES:
This action is consistent with and substantially conforms to conditions of approval for
the Plot Plan Review and will provide benefits to the City by allowing access onto
private property for specified purposes.
DISADVANTAGES:
No disadvantages have been identified.
ENVIRONMENTAL REVIEW:
In accordance with the California Environmental Quality Act (CEQA), the item has been
determined to be exempt from CEQA per Section 15061(b)3 of the CEQA Guidelines.
Item 9.g. - Page 2
CITY COUNCIL
CONSIDERATION OF A RESOLUTION ACCEPTING PUBLIC UTILITY, CREEK, AND
STREET TREE EASEMENTS AND APPROVING LICENSE AGREEMENTS AT 139
WEST BRANCH STREET
MARCH 8, 2016
PAGE 3
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall on Thursday, March 3, 2016. The Agenda and
staff report were posted on the City’s website on Friday, March 4, 2016. No public
comments were received.
Item 9.g. - Page 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING A PUBLIC UTILITY
EASEMENT, A PUBLIC CREEK EASEMENT AND A
PUBLIC STREET TREE EASEMENT AND APPROVING
LICENSE AGREEMENTS; LOCATED AT 139 WEST
BRANCH STREET
WHEREAS, Minor Use Permit-Plot Plan Review 12-006 was approved April 30, 2013,
for the renovation and remodel of a locally designated historic commercial structure;
and
WHEREAS, conditions of this approval required the dedication of a Public Utility
Easement, a Public Creek Easement, and a Public Street Tree Easement; and
WHEREAS, additional conditions of this approval required the grant of License
Agreements for use of City property, consisting of unimproved right-of-way; and
WHEREAS, accepting the dedicated easements will provide for riparian habitat
conservation, as well as providing access for the maintenance of utilities and street
trees; and
WHEREAS, the City Council has reviewed the item in compliance with the California
Environmental Quality Act (CEQA) and has determined it is exempt from CEQA per
Section 15061 (b )3 of the CEQA Guidelines.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby accept the Public Utility Easement, Public Creek Easement, and
Public Street Tree Easements and authorizes the Mayor to execute Certificates of
Acceptance; and further approves the License Agreements for the use of City property
and authorizes the City Manager to execute the agreements, all as shown in Exhibit "A",
attached hereto and incorporated herein by this reference.
On motion by Council Member _____ , seconded by Council Member ____ _
and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this sth day of March, 2016.
Item 9.g. - Page 4
RESOLUTION NO.
PAGE2
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THOMPSON, CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Item 9.g. - Page 5
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
CITY CLERK
300 EAST BRANCH STREET
ARROYO GRANDE, CA93420
Fee Exempt per GC Sections 6103 and
27383
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
PUBLIC UTILITY EASEMENT
EXHIBIT A
THIS OFFER TO DEDICATE is made this day of ______ _
20_; by MFI, Limited, a California limited partnership, hereinafter termed Offerer.
WHEREAS, said Offerer desires to make an irrevocable and perpetual offer to dedicate
a public utility easement, which offer may be accepted at any time by the City of Arroyo
Grande.
NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, said Offerer covenants and promises as follows:
1 . That said Offerer is the owner of the real property described in Exhibit A and
shown schematically in Exhibit A-1 , both of which are attached hereto and
incorporated herein by this reference.
2. That said Offerer does hereby offer irrevocably and in perpetuity to the City of
Arroyo Grande a public utility easement and incidental uses, over, under, upon
and across the property described in Exhibit B and shown schematically in
Exhibit B-1, both of which are attached hereto and incorporated herein by this
reference.
3. That said Offerer agrees that said offer of dedication shall be irrevocable and that
the City of Arroyo Grande may, at any time in the future accept said offer of
dedication of the public utility easement.
4. That said Offerer agrees that this irrevocable and perpetual offer to dedicate is
and shall be binding on their heirs, legatees, successors and assignees.
Item 9.g. - Page 6
IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day
and year first above written.
Offeror
Offeror Offeror
Page 2
Item 9.g. - Page 7
ACKNOWLEDGMENT
A notary public or other officer completing this
certiflcate verifies only the identity of the Individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valldltv of that document.
State of California ~ ~
County of ~ ~\S.L...J'Ot~
On ~ 2~.. 20 l lD before me, __a;_____;:===:;.,,:,,.L,~~:;x..J..:::a--:-:==...:G=-
personally appeared • o ,
who proved to me on the basis of satisfactory evidence to be the person~ vhose name(\) is/a"Nt
subscribed to the 'Nithln instrument and acknowledged to me that he/ste/th4y executed the same in
his/hdr/tMlr authorized capacity(i¥ ), and that by his/t)er/t~ir signature~) on the instrument the
person( sf, or the entity upon behalf of which the person(l) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Page 3
Item 9.g. - Page 8
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Irrevocable and Perpetual
Offer to Dedicate dated _____ , 20_ from _____ , to the City of Arroyo
Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453,
recorded the 26 1h day of August 1960, in Volume 1081, Official Records, Page 344, San Luis
Obispo County, California, and the City consents to recordation thereof by its duly authorized
Mayor.
Dated:---------------
CITY OF ARROYO GRANDE
By ________________ _
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
Item 9.g. - Page 9
EXHIBIT A
Legal Description
M FI Property
Lot 1 of Lowe's Addition to the City of Arroyo Grande, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded June 6, 1906
in Book B, Page 8 of Maps, in the office of the County Recorder of said county.
* * *
Item 9.g. - Page 10
EXHIBIT A-I
MFI PROPERTY
LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN
BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
~
Vv~-s,.. '~'
~ ..,.. l!3 /:y --------
:::-.· .
• Ifft>•·········
LOT 2
B MB 8
1 /}}}!/
(} I OWF'S 1J..DDtf JON UHHHNHHHHH
o' 20'
~-----ii
SCALE: 1" = 20'
~
-y J-LOT 1 6
MICHAEL 8. STANTON, PLS 5702
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401
805-'594-1960
co
LO
JOB NO. 12-008.
Item 9.g. - Page 11
EXHIBIT B
Legal Description
Public Utility Easement
A portion of Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map
filed in Book B of Maps at page 8, records of San Luis Obispo County, California
described as follows;
Beginning at a 5/8" rebar with cap "LS 5702" set at the most westerly corner of said Lot
1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the
office of the County Surveyor of said County, thence
1) North 80° 54' 31" East 17.64 feet along the northerly line of said Lot to a point of
intersection with a line that is parallel with and 6 feet offset from the existing
back of sidewalk along the southerly side of West Branch Street; thence
2) South 77° 51' 41" West along the along said offset line 17.26 feet to the
southwesterly line of said Lot 1; thence
3) North 33°08' 00 11 West along said lot line 1.00 feet along said southwesterly line
to the point of beginning.
The above-described parcel contains 8 square feet, more or less.
The above-described parcel is graphically shown on Exhibit B-1 attached hereto and
made a part hereof.
* * *
M:\12-008 139 West Branch -AG\PDF\EASEMENTS\139 W Branch PUE Legal Description.doc
7/14/2014 1:21 PM
Item 9.g. - Page 12
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EXHIBIT B-1
PUBLIC UTILITY EASEMENT (PUE)
A PORTION OF LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE
AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO,
EXISTING
RIGHT OF WAY LINE
N33'08'00"W 1.00'
HATCHED AREA INDICATES
PUBLIC UTILITY EASEMENT
LOT 2
B MB 8
o' 20'
STATE OF CALIFORNIA
LOT
B MB
ADDrrJ OJ\J
1
8
~~
SCALE: 1" = 20'
MFI PROPERTY /
MICHAEL B. STANTON, PLS 5702
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401
805-59'4--'-1'960.
co
LO
JOB NO. 12-008
Item 9.g. - Page 13
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
CITY CLERK
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
Fee Exempt per GC Sections 6103 and
27383
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC
CREEK EASEMENT
THIS OFFER TO DEDICATE is made this day of _______ _
20_, between MFI, Limited, a California limited partnership, hereinafter termed
Offeror.
WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate
a public creek easement, which offer may be accepted at any time by the City of Arroyo
Grande.
NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, Offeror covenants and promises as follows:
1. That said Offeror is the owner of the real property described in Exhibit A and
shown schematically in Exhibit A-1, both of which are attached hereto and
incorporated herein by this reference.
2. That said Offeror does hereby offer irrevocably and in perpetuity to the City of
Arroyo Grande an easement for public creek purposes, along with any
appurtenances and incidental uses, over, under, upon and across Parcel A
described in Exhibit B and shown schematically in Exhibit B-1, both of which are
attached hereto and incorporated herein by this reference.
3. That said Offeror agrees that said offer of dedication shall be irrevocable and that
the City of Arroyo Grande may, at any time in the future accept said offer of
dedication of the public creek easement.
4. That said Offeror agrees that this irrevocable and perpetual offer to dedicate is
and shall be binding on their heirs, legatees, successors and assignees.
5. That said Offeror agrees to uphold General Plan policies with activities and
maintenance that enhance natural creek functions and values by providing
erosion control, sedimentation prevention, enhancement of riparian habitat
corridors, water quality protection and aesthetic and recreational opportunities as
agreeable to the City.
Page 1
Item 9.g. - Page 14
IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day
and year first above written.
Offerer
Offerer Offerer
Page 2
Item 9.g. - Page 15
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California ~ ~
County of ~~s ~ }
On~~ QO\lg beforeme,..l,.~k 1 J~Hk.
~ (insert name and titte of the fficer)
personally appeared ~&,., ...;,-~. ~
who proved to me on the basis of satisfactory evidence tObi th~se name(\J is/a~
subscribed to the within instrument and acknowledged to me that he/s~/th~ executed the same in
his/h"'/th\.ir authorized capaclty(i~). and that by his/h~th~ signature~) on the instrument the
person( s ), or the entity upon behalf of 'Nhlch the persont~ acted, executed the instrument.
l certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
1········0··00··0·•· 9 LBORBA
Commission# 2115177 f
i Notary Public • CalHornia ~
San Luis Obispo County ~ ~.,:!£?.~ Fxpnzs;u; ~o-.2i1;J Slgna~;:) (Seal)
Page 3
Item 9.g. - Page 16
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Irrevocable and Perpetual
Offer to Dedicate dated , 20_ from , to the City of Arroyo
Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453,
recorded the 261h day of August 1960, in Volume 1081, Official Records, Page 344, San Luis
Obispo County, California, and the City consents to recordation thereof by its duly authorized
Mayor.
Dated:---------------
CITY OF ARROYO GRANDE
By ______________ _
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
Item 9.g. - Page 17
EXHIBIT A
Legal Description
MFI Property
Lot 1 of Lowe 1s Addition to the City of Arroyo Grande, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded June 6, 1906
in Book B, Page 8 of Maps, in the office of the County Recorder of said county.
***
Item 9.g. - Page 18
EXHIBIT A-I
MFI PROPERTY
LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN
BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
LOT 2
B MB 8
o' 20'
~....-.!
SCALE: t" = 20'
"i-
~ J-LOT 1 6
MICHAEL 8. STANTON, PLS 5702
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401
805-594-1960
co
LO
JOB NO. 12-008
Item 9.g. - Page 19
EXHIBIT B
Legal Description
Creek Easement
A portion of Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map
filed in Book B of Maps at page 8, records of San Luis Obispo County, California
described as follows;
Beginning at a nail with brass tag stamped "LS 5702" set at the most southerly corner
of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57
in the office of the County Surveyor of said County, thence
1) North 56° 52' 00" East 53.13 feet to the southeasterly corner of said Lot; thence
2) North 33° 08' 00" West 12.45 feet along northeast line of said Lot to the
intersection with a line that is 35 feet offset from and parallel with the northerly
top of bank of Arroyo Grande Creek; thence
3) South 63° 28' 20" West 28.47 feet along said offset line; thence
4) South 69° 02' 52" West 25.41 feet along said offset line to the southwesterly line
of said Lot; thence
5) South 33° 08' 00" East 21.09 feet along the southwesterly line of said Lot to the
Point of Beginning.
The above-described parcel contains 856 square feet, more or less.
The above-described parcel is graphically shown on Exhibit B-1 attached hereto and
made a part hereof.
***
Mj9z:~
Michael B. Stanton, PLS5702
Friday, August 28, 2015; 1:46 PM
M:\12-008 139 West Branch -AG\EASEMENTS\139 W Branch Creek Esmt.doc
Randy Ellison, LS7065
Page 1of1
Item 9.g. - Page 20
I
LOT 2
B MB 8
o· 20'
.~ ~--I fl! SCALE: 1" = 20'
~~
S33'08'00"E 21.09'
""' POINT OF BEGINNING
N56'52'00"E 4.44'
EXHIBIT B-1
CREEK EASEMENT
PORTION OF LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE
AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA
LOT
B MB
ADDrfJOJ\J
1
8
co
LO
N33'08'00"W 12.45'
PARCEL A
HATCHED AREA
INDICATES CREEK EASEMENT
~ TOP OF
~ CREEK BANK
-y~
~ Q
----
LOT ~~ ~ " lz_. AREA DEDICATED TO
~ -a CITY OF A.G.
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~ " LOT
---
1 5
,;/, ..... .,,,,,,,,~,,,,"",~'\MICHAEL B. STANTON, PLS 5702
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401
805-594-1 9-60
g TOP OF
~ / CREEK BANK
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August 28, 2015 JOB #12-008
Item 9.g. - Page 21
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
CITY CLERK
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
Fee Exempt per GC Sections 6103 and
27383
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
PUBLIC STREET TREE EASEMENT
THIS OFFER TO DEDICATE is made this day of _______ _
20_, by MFI, Limited, a California limited partnership, hereinafter termed Offeror.
WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate
a public street tree easement, which offer may be accepted at any time by the City of
Arroyo Grande.
NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of the real property described in Exhibit A and
shown schematically in Exhibit A-1, both of which are attached hereto and
incorporated herein by this reference.
2. That said Offeror does hereby offer irrevocably and in perpetuity to the City of
Arroyo Grande an easement for public street trees, along with any
appurtenances and incidental uses, over, under, upon and across the following
property described in Exhibit B and shown schematically in Exhibit B-1, both of
which are attached hereto and incorporated herein by this reference.
3. That within said easement, the City of Arroyo Grande shall have the right to
require Offeror to install, operate, maintain, repair, replace, and enlarge or
decrease the size of public street trees, along with any appurtenances and
incidental uses.
4. That said Offeror agrees that said offer of dedication shall be irrevocable and that
the City of Arroyo Grande may, at any time in the future accept said offer of
dedication of the public street tree easement.
5. That said Offeror agrees that this irrevocable and perpetual Offer to dedicate the
public street tree easement is and shall be binding on their heirs, legatees,
successors and assignees
Item 9.g. - Page 22
IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day
and year first above written.
Offeror
Offeror Offeror
Page 2
Item 9.g. - Page 23
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the Identity of the individual
who signed the document to which this certfficate is
attached, and not the truthfulness, accuracy, or
valldltv of that document.
State of California ~. ~ \~
County of 6<.yo ~\-S. ~~!?\»)
on:& 00. /)D\Lt before meJ-, ~, ~--:P~biJ ~
I (fr1Sertl1atneind ~r)
personally appeared ~ ,
who proved to me on the basis of satisfactory evidence to be the person hose name( f/J ls/ e
subscribed to the within instrument and acknowledged to me that he/s){ett~y executed the same In
hls/hartth\ir authorized capacity(!~), and that by hlslhf/rtt~lr signature(/) on the Instrument the
person(~ or the entity upon behalf of which the person(A) acted. executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seaL
Slgnatu~~ (Seal)
Page 3
Item 9.g. - Page 24
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Irrevocable and Perpetual
Offer to Dedicate dated , 20_ from , to the City of Arroyo
Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453,
recorded the 26 1h day of August 1960, in Volume 1081, Official Records, Page 344, San Luis
Obispo County, California, and the City consents to recordation thereof by its duly authorized
Mayor.
CITY OF ARROYO GRANDE
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
Item 9.g. - Page 25
EXHIBIT A
Legal Description
MFI Property
Lot 1 of Lowe's Addition to the City of Arroyo Grande, in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded June 6, 1906
in Book B, Page 8 of Maps, in the office of the County Recorder of said county.
***
Item 9.g. - Page 26
EXHIBIT A-I
MFI PROPERTY
LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN ·
BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
LOT 2
B MB 8
o' 20'
~-__.....;
SCALE: 1" = 20'
~
~ J-LOT 1 6
MICHAEL 8. STANTON, PLS 5702
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401
805-594-1 960
D:::'.
0
co
lO
JOB NO. 12-0 08
Item 9.g. - Page 27
EXHIBIT B
Legal Description
Street Tree Easement
A portion of Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map
filed in Book B of Maps at page 8, records of San Luis Obispo County, California
described as follows;
Beginning at a 5/8" rebar with cap "LS 5702" set at the most westerly corner of said Lot
1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the
office of the County Surveyor of said County, thence
1) North 80° 54' 31" East 58.17 feet to the northeasterly corner of said Lot; thence
2) South 33° 08' 00" East 1.98 feet along the northeasterly line of said Lot to a
point of intersection with a line that is parallel with and 6 feet offset from the
existing back of sidewalk along the southerly side of West Branch Street; thence
3) South 77°51' 41" West along said offset line 56.90 feet to the southwesterly line
of said Lot; thence
4) North 33°08' 00" West along said southwesterly line 5.29 feet to the Point of
Beginning.
The above-described parcel contains 193 square feet, more or less.
The above-described parcel is graphically shown on Exhibit B-1 attached hereto and
made a part hereof.
***
/ Date: /Z .. 'Z9' ... ~0/7
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Item 9.g. - Page 28
EXHIBIT B-1
STREET TREE EASEMENT
A PORTION OF LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE
AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA
EXISTING
RIGHT OF WAY LINE
LOT 2
5 B MB 8 ~ e
E
"-0
".l
:; -,
.c u c
2
<D
"'
o' 20' P'-WM-___,
SCALE: 1" = 20'
LOT 1
B MB 8
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MICHAEL B. STANTON, PLS 5702
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401
805-594-1960
HATCHED AREA INDICATES
STREET TREE EASEMENT
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JOB NO. 12-008
Item 9.g. - Page 29
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
CITY CLERK
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
GRANT OF NONEXCLUSIVE LICENSE AND AGREEMENT
AFFECTING REAL PROPERTY
THIS Grant of Nonexclusive License and Agreement Affecting Real Property
("AGREEMENT") is entered into as of , 20_ by and between
the CITY OF ARROYO GRANDE, (the "CITY"), a municipal corporation organized
under the laws of the State of California, and MFI, Limited (the "LICENSEE"), a
California limited partnership.
WHEREAS, LICENSEE owns the property located at 139 West Branch Street, Arroyo
Grande, California; and
WHEREAS, CITY owns property at the front of the property located at 139 West Branch
Street; and
WHEREAS, LICENSEE has received approval from the Community Development
Director to renovate the fagade and remodel the rear portion of the locally designated
historic structure located at 139 West Branch Street (Plot Plan Review 12-006); and
WHEREAS, Plot Plan Review 12-006 contains conditions of approval that must be
implemented by LICENSEE; and
WHEREAS, Condition of approval No. 7 requires LICENSEE to obtain permission to
use the property adjacent to the front of 139 West Branch Street, owned by CITY; and
WHEREAS, CITY desires to allow LICENSEE to use CITY's property as part of
LICENSEE's use of its property located at 139 West Branch Street.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
parties agree as follows:
1 . Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
2. Grant of License. CITY hereby grants to LICENSEE a license to use the
property described in Exhibit A and shown schematically in Exhibit A-1
("Property"), both of which are attached hereto and incorporated herein by this
reference, subject to the following terms and conditions:
1
Item 9.g. - Page 30
a. LICENSEE agrees to maintain the Property including maintaining and
replacing the landscaping, street trees and plaza improvements located on
the Property to the satisfaction of the City.
b. LICENSEE agrees LICENSEE's use of the Property is restricted to
landscaping and a paved plaza.
c. LICENSEE understands that LICENSEE's use of the Property is not
exclusive and that the Property may be accessed by the general public.
3. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless
CITY, its officials, employees and agents, from and against any and all liability,
loss, costs (including reasonable attorney fees), or claims for personal injuries or
property damage arising out of, in whole or in part, LICENSEE'S or LICENSEE'S
agents, contractors, assignees or successors in interest, of any kind, use of the
Property.
4. Revocation. CITY may immediately revoke this License without notice for a
breach of or failure to comply with any of the terms and conditions set forth
herein; CITY may revoke this License without cause upon thirty (30) days written
notice to LICENSEE.
5. Notice. Any notice which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by: (i) personal
service, (ii) delivery by a reputable document delivery service, such as but not
limited to, Federal Express, which provides a receipt showing date and time of
delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below
or at any other address as that party may later designate by notice:
To CITY:
To LICENSEE:
City of Arroyo Grande
Attn: Dianne Thompson
300 E. Branch Street
Arroyo Grande, CA 93420
6. Binding Effect. This Agreement shall be binding upon the successors in interest
of any kind to the property.
7. Attorney's Fees. In the event of legal action to enforce the terms and conditions
of this Agreement, the prevailing party shall be entitled to recover their costs,
including reasonable attorney fees.
2
Item 9.g. - Page 31
8. Amendment. This Agreement may not be amended or altered except by an
instrument in writing executed by CITY and LICENSEE.
9. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid
or the inclusion of which would adversely affect the validity, legality or
enforcement of this Agreement shall have no effect, but all remaining provisions
of this Agreement shall remain in full force.
10. Governing Law. The validity, meaning, and effect of this Agreement shall be
determined in accordance with California law.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
CITY OF ARROYO GRANDE
DIANNE THOMPSON
City Manager
ATTEST:
KELLY WETMORE
City Clerk
APPROVED AS TO FORM:
HEATHER WHITHAM
City Attorney
3
Item 9.g. - Page 32
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California I . O\
County of RCV'n '-Uc~ 'O\:apo
On :s;.,.,. dd-. ~D llR before me. ,J. ~'21'1 ~!'
' ~ (Insert name and tltle Oihe -O!Cer)
personally appeared ~0~. ro~~
who proved to me on the basis of satisfactory evidence to be the person(S'}whose name~) Is/~
subscribed to the within instrument and acknowledged to me that he/shli/tf'l8v executed the same in
histrl'ar/th~r authorized capacity(lb), and that by his1her/t~r signature~ on the instrument the
person~, or the entity upon behalf of which the perso~) acted. executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal. '. L.IOAIA ' : · · CommllllQll # 2115!77 '
Hotlry Public.• ClllHfnta
San Lull Otltlpa County ..
• MvComm. ExolrnJul 10 20111 S!gna~~ (Seal)
Page4
Item 9.g. - Page 33
EXHIBIT A
Legal Description
Nonexclusive License and Agreement Affecting Real Property
A portion of Branch Street adjacent to Lot 1 of Lowe's Addition to the Town of Arroyo
Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo
County, California described as follows;
Beginning at a 5/8" rebar with cap "LS 5702" set to mark the most westerly corner of
said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in
the office of the County Surveyor of said County, thence along the southerly right-of-
way of West Branch Street
1) North 80° 54' 31" East, 58.17 feet to the northeasterly corner of said Lot; thence
along the northwesterly projection of the northeasterly line of said Lot
2) North 33° 08' 00" West, 8.76 feet to the existing back of sidewalk along the
southerly side of West Branch Street; thence along said back of sidewalk
3) South 77° 51' 36" West, 58.90 feet to the northwesterly projection of the
southwesterly line of said Lot; thence along said projection
4) South 33° 08' 00" East, 5.44 feet to the Point of Beginning.
The above-described parcel contains 377 square feet, more or less.
The above-described parcel is graphically shown on Exhibit A-1 attached hereto and
made a part hereof.
***
~ dlaeJ B. stantOn/PLS5702
Wednesday, August 26, 2015; 2:07 PM
M:\12-008 139 West Branch -AG\EASEMENTS\139 W Branch Street Rev ROW Esmt Legal Description.doc
Randy Ellison, LS7065
Page 1of1
Item 9.g. - Page 34
EXHIBIT A-I
NONEXCLUSIVE LICENSE
AFFECTING REAL
AND AGREEMENT
PROPERTY
A PORTION OF WEST BRANCH STREET, ADJACENT TO LOT 1 OF LOWE'S
ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF
MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
EXISTING
RIGHT OF WAY LINE
E
8 LOT 2
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MICHAEL 8. STANTON, PLS 5702
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401
805-594-1960
N33'08'00"W 8.76'
HATCHED AREA INDICATES
LICENSE AREA FOR
USE OF CITY PROPERTY
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August 26, 2015 JOB #12-008
Item 9.g. - Page 35
1 RECORDING REQUESTED BY
AND WHEN RECORDED RETURN
TO:
CITY OF ARROYO GRANDE
CITY CLERK
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
GRANT OF NONEXCLUSIVE LICENSE AND AGREEMENT
AFFECTING REAL PROPERTY
THIS Grant of Nonexclusive License and Agreement Affecting Real Property
("AGREEMENT") is entered into as of , 20_ by and between
the CITY OF ARROYO GRANDE, (the "CITY"), a municipal corporation organized
under the laws of the State of California, and MFI, Limited (the "LICENSEE"), a
California limited partnership.
WHEREAS, LICENSEE owns the property located at 139 West Branch Street, Arroyo
Grande, California; and
WHEREAS, CITY owns property to the rear of the property located at 139 West Branch
Street adjacent to the creek; and
WHEREAS, LICENSEE has received approval from the Community Development
Director to renovate the fagade and remodel the rear portion of the locally designated
historic structure located at 139 West Branch Street (Plot Plan Review 12-006); and
WHEREAS, Plot Plan Review 12-006 contains conditions of approval that must be
implemented by LICENSEE; and
WHEREAS, Condition of approval No. 7 requires LICENSEE to obtain permission to
use the property behind 139 West Branch Street, owned by CITY; and
WHEREAS, CITY desires to allow LICENSEE to use CITY's property as part of
LICENSEE's use of its property located at 139 West Branch Street.
NOW, THEREFORE, in consideration of the terms and conditions contained herein, the
parties agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
2. Grant of License. CITY hereby grants to LICENSEE a license to use the
property contained in Parcel B described in Exhibit A and shown schematically in
Exhibit A-1 ("Property"), both of which are attached hereto and incorporated
herein by this reference, subject to the following terms and conditions:
1
Item 9.g. - Page 36
a. LICENSEE agrees to maintain the Property and repair improvements such as
fencing, permeable paving, decomposed granite path, directional and
informational signs, and native landscaping on the Property following best
management practices acceptable to the CITY.
b. LICENSEE understands that LICENSEE's use of the Property is not
exclusive and that the Property includes a segment of public path that may be
connected to a public trail system accessed by the general public in the
future.
c. For the purposes of protecting biological resources, with respect to the
Property, LICENSEE shall not nor shall LICENSEE allow the construction or
placement of any kind of temporary or permanent structures, parking, grading
or solid paving of any kind, storing or working on vehicles, equipment or
material storage, agricultural development, removal or alteration of native
plants or animals, landscaping with plant species that are known to be
invasive in nature or otherwise hazardous to native species, animal raising
and keeping of specialized animal facilities, or any activity that would
accelerate soil erosion and subsequent sedimentation of the adjacent creek.
3. Indemnification. LICENSEE agrees to indemnify, defend and hold harmless
CITY, its officials, employees and agents, from and against any and all liability,
loss, costs (including reasonable attorney fees), or claims for personal injuries or
property damage arising out of, in whole or in part, LICENSEE's or LICENSEE's
agents, contractors, assignees or successors in interest, of any kind, use of the
Property.
4. Revocation. CITY may immediately revoke this License without notice for a
breach of or failure to comply with any of the terms and conditions set forth
herein; CITY may revoke this License without cause upon thirty (30) days written
notice to LICENSEE.
5. Notice. Any notice which either party may desire to give to the other party under
this Agreement must be in writing and may be given either by: (i) personal
service, (ii) delivery by a reputable document delivery service, such as but not
limited to, Federal Express, which provides a receipt showing date and time of
delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid,
return receipt requested, addressed to the address of the party as set forth below
or at any other address as that party may later designate by notice:
To CITY:
To LICENSEE:
City of Arroyo Grande
Attn: Dianne Thompson
300 E. Branch Street
Arroyo Grande, CA 93420
2
Item 9.g. - Page 37
6. Binding Effect. This Agreement shall be binding upon the successors in interest
of any kind to the property.
7. Attorney's Fees. In the event of legal action to enforce the terms and conditions
of this Agreement, the prevailing party shall be entitled to recover their costs,
including reasonable attorney fees.
8. Amendment. This Agreement may not be amended or altered except by an
instrument in writing executed by CITY and LICENSEE.
9. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid
or the inclusion of which would adversely affect the validity, legality or
enforcement of this Agreement shall have no effect, but all remaining provisions
of this Agreement shall remain in full force.
10. Governing Law. The validity, meaning, and effect of this Agreement shall be
determined in accordance with California law.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first written above.
CITY OF ARROYO GRANDE
DIANNE THOMPSON
City Manager
ATTEST:
KELLY WETMORE
City Clerk
APPROVED AS TO FORM:
HEATHER WHITHAM
City Attorney
3
Item 9.g. - Page 38
ACKNOWLEDGMENT
A notary publfc or other officer completing this
certificate verifies only the Identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
valldltv of that document.
State of California ~, 7'\ _
County of ;;;..,,,.. ~:s LJOt ~o
personally appeared _.c:::i~~~tu:==-~=:::::::::.__Jl!..--l.:~~:::..!:µ~~~-......-......--'
who proved to me on the basis of satisfactory evidence to be the person(s whose name ls
subscribed to the withln instrument and acknowledged to me that he/&'M/t~y executed the same in
histhklth~r authorized capacity(~), and that by hlsfh\\r/timtr signature~) on the instrument the
person(\), or the entity upon behalf of which the person~ acted. executed the instrument.
1 certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal}
Page -f
Item 9.g. - Page 39
EXHIBIT A
Legal Description
Use of City Property
Portions of Lot 15 and Lot 16 of Lowe's Addition to the Town of Arroyo Grande as
shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County,
California described as follows;
Beginning at a nail with brass tag stamped "LS 5702" set at the most southerly corner
of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57
in the office of the County Surveyor of said County, thence
1) North 56° 52' 00" East a distance of 53.13 feet to the southeasterly corner of said
Lot; thence along the northeasterly line of said Lot 16
2) South 33° 08' 00" East, 22.78 feet; thence leaving the northeasterly line of said Lot
16 and along the existing top of bank of Arroyo Grande Creek
3) South 63° 28' 20" West, 34.23 feet; thence
4) South 69° 02' 52" West, 7.60 feet to the northerly line of Traffic Way being a point
on a non-tangent curve, concave southerly, having a radius of 1850.00 feet, a radial to
said point bears North 14° 07' 11" East; thence leaving said existing top of bank of
Arroyo Grande Creek
5) westerly along the arc of said curve through a central angle of 0° 43' 53" an arc
distance of 23.61 feet to the northwesterly line of said Lot 16; thence
6) North 56° 52' 00" East 4.44 feet along the northwesterly line of said Lot 16 to the
Point of Beginning.
The above-described parcel contains 980 square feet, more or less.
The above-described parcel is graphically shown on Exhibit A-1 attached hereto and
made a part hereof.
***
Michael B. Stanton, PLS5702 Date
Wednesday, August 26, 2015; 1:12 PM
M:\12-008 139 West Branch -AG\EASEMENTS\139 Branch Use Esmt.doc
Randy Ellison, LS7065
Page 1of1
Item 9.g. - Page 40
EXHIBIT A-I
USE OF CITY PROPERTY
PORTIONS OF LOT 15 AND LOT 16 OF LOWE'S ADDITION TO THE TOWN OF
ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA
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~ICHAEL B. STANTON, PLS 5702
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401
805-594-1 9.60
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PARCEL 8
HATCHED AREA
INDICATES USE OF
CITY PROP!::_RTY
August 26, 2015 JOB #12-008
Item 9.g. - Page 41
THIS PAGE INTENTIONALLY LEFT BLANK
Item 9.g. - Page 42