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R 4070 RESOLUTION NO. 4070 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES WITH GARY YOUNG AND BRETT WHITAKER FOR TRACT 2792 WHEREAS, Gary Young and Brett Whitaker received approval for Vesting Tentative ~ Tract Map 2792 on September 26, 2006; and ' WHEREAS, the City owns, operates and maintains sanitary sewer mains within the project limits, and I I WHEREAS, Gary Young and Brett Whitaker are required to relocate existing sanitary sewer improvements to facilitate construction of homes; and WHEREAS, the City anticipates that it will accept ownership of the relocated sanitary sewer main when all project improvements are fully constructed; and WHEREAS, the City anticipates that it wi11 relinquish all interest in the existing sanitary sewer easement when such alternate improvements are fully constructed and accepted. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande does hereby approve the Sewer Easement Agreement attached hereto as Exhibit "A", and authorizes the Mayor to execute the Agreement. On motion of Council Member Costello, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Costello, Guthrie, Arnold, Fellows, and Mayor Ferrara NOES: None ABSENT: None I the foregoing Resolution was passed and adopted this 12th day of February 2008 I I I RESOLUTION NO.!-~o~0 PAGE 2 TONY FE AR OR ATTEST: 'I.~O KELLY WET OR ITY CLERK APPROVED AS TO CONTENT: STEV~MS, CITY MANAGER APPROVED AS TO FORM: / TIM THY J. EL, CITY ATTORNEY Exhibit "A" ~ RECORDING REQUESTED BY AND WHEN RECORDED _ RETURN TO: City of Arroyo Grande City Clerk P.O. Box 550 Arroyo Grande, CA 93421 ~ SEWER EASEMENT AGREEMENT THIS AGREEMENT, is made this day of 11~j~~~n~f 20~; by The Young Family Trust and The Whitaker Family Trust, hereinafter called "Owner", and the City of Arroyo Grande, a California municipal corporation, hereinafter called "City". WHEREAS, Owner desires to record a final map for Tract 2792, a residential subdivision within the service area of the City; and, WHEREAS, City owns the current sanitary sewer and easement located on Owner's ~ property, Tract 2792; and, WHEREAS, Owner is required to relocate existing sanitary sewer mains to construct the project in a manner consistent with the Tract 2792 approval; and, WHEREAS, City, as a condition of approval for Tract 2792, will own the replacement sanitary sewer and easements as delineated on the final map; and, WHEREAS, Owner desires to offer necessary easements and sanitary sewer main rights transfers, and City desires to release interest in certain easements once replacement sanitary sewer improvements have been installed; and, ~ WHEREAS, Owner and City desire that ownership of the physical sanitary sewer system improvements constructed for Tract 2792 be transferred from Owner to the City NOW, THEREFORE, said Owner and City hereby covenant, promise and agree as follows: 1. That said Owner is The Young Family Trust and The Whitaker Family Trust. 2. That said Owner does hereby irrevocably and in perpetuity offer to City and the physical sanitary sewer system improvements and easement for a public sewer system including mains, laterals, manholes, and related appurtenances, over the area described in Exhibit B. The purpose of said easement shall include installation, operation, inspection, maintenance and replacement of public sewer system facilities. 10F2 SEWER EASEMENT AGREEMENT -TRACT 2792 3 That said Owner does hereby irrevocably offer to City a temporary blanket easement for a public sewer system including mains, laterals, manholes, and related appurtenances, over the area described in Exhibit C. The purpose of said easement shall include installation, operation, inspection, maintenance and replacement of public sewer system facilities. City agrees that it will quitclaim all interest in this temporary easement when the new sewer facilities are constructed and accepted by the City. 4 That Owner does hereby agree to indemnify, defend, and hold harmless City and accept liability associated with abandoning the current sanitary sewer system located on Tract 2792 in order to facilitate the release in interest by City. 5. That City agrees to quitclaim all interest in that sanitary sewer easement as described in Exhibit "C", effective upon City acceptance of new sanitary sewer system. 6. The Owner agrees that these offers and agreements have been made for a valuable consideration, receipt of which is hereby acknowledged. 7. The Owner agrees that this agreement is irrevocable and perpetual and shall be binding on its heirs, legatees, successors, and assignees. 8. IN WITNESS WHEREOF, this Agreement is hereby executed by said owner and City on the day and year first written above. CITY: OWNER(s): TONY FERRARA, MAYOR SIGNAT RE ATTEST: PRINT NAME GL' n.H Y J wrl'"L KELLY WETMORE, CITY CLERK TITLE APPROVED AS TO FORM: TIMOTHYJ.CARMEL, CITY ATTORNEY 20F2 {iALIf VISnIIA ALL•1'V ISF'V.1C A{i1~nIVWLCYYMGn11 rv-ri~.cr~crcr..nw c:-~ .crc=:%v~~"~ ~~'~~M.c~-cM~ ?s~'~~s~~`~",ei~'~~-c~~~~^_,'r~~< 2 S State of Cal+forn+a 2 S :.S ~ g ss 2 S Caunry of ~4~y~.`5 1J41i,S/'..c) 2 5 t On /~L)a~~M/JL~ '~U U before me, me- ~ ' {~r 2 Date anC T9e of OK er ~e g lane a Notary Publ¢ f personally appeared C• a 2 Nameisf of Signegsl s 5 .personally known to me 2 ? proved to me on the basis of satisfactory evidence z S to be the person(` whose nameps) is/a,e i`' AMY J. Ol$ON subscribed to the within instrument and 5, Comtnlaabn 1708182 acknowledged to me that he/shek+tey executed i~ ~ Notary PuDllc • Calllomlo ~ the same m hisfHetR4ieir authored Sar) WI/ Obispo County capacdy(iRSj, and that by hisf7~edlheir 4 Canfrn Arc 17,10)0 signature~on the instrument the person(dj, or 4 the entity upon behalf of which the person(bj> 2 acted, executed the instrument WITNESS an official seal 'rj 1 elute of Notary Publ,c OPTIONAL `a Though the mlormahon below fs not regwred by law R may prove valuable fo persons relying on the document and could prevent /raudulent removal and reattachment of th+s corm to another document z Description of Attached Document a ~ /j~, Title or Type of Document S[°GU'~ L ys~- / ~r r?Pi1~+41v]' Z Document Date ~I ~3(/~CJ~7 ~T / Number of Pages ~ Z Sgner(s) Other Than Named Above ~•D("'/~''V~h Capacity(ies) Claimed by Signer l~ l Signer's Name (~tA~ ~ • ]U . e C Individual rop onwmb as•a 0 y ~ Corporate Off/cer -Title(s) !Y!t Jr~ 5 -Partner - Limited .General Attorney-m-Fact Z 4 L~ Trustee 2 4 =Guardian or Conservator R 4 -Other 5 Signer Is flepresenting ~K F~i~.:~V Tr+~ 2 ~ ~ 4.~~'G~~'-=x,'"~,.=c~,-<,~`i.,~'.'`:,~.`~-t.~'-°.c:~^-<.'~~4?`~~h.~Z`it`.~` ?~~-.~-~:gL„ect,GC;~~:~"-S,~C.c~L ~~v`~~.:`~h;~C,`~,G~1~~:i;CYj GALIFVM171A ALL•YV KYV.IG AGRIVVWLCU{iMCiV 1 ~"~:s~_"~~m~'' _,~'.r~S~~-~~~_c;C.,c`~'.=;~:c~^.4=L\"~::.5r~^-.~~'w't-^.~~"'t'~~~:~; ^.Gr.CC1=~, e 2 S Slate of California ~ i S ss 1 S County of ~f ?1 ~'t S (~~{9',,5/.x^ 2 ,f 5 ~ ? I 2 g On /d~-Om/,7Gf c'C~~ before me, zt J- l ! ~ ~l~i,~ ~ i~'~`!l~ Oare ~ 1 rv m and iiue of ORCer leg -Jane Ooe, Nolary GIiCI C 4 personally appeared S .~J(P~ ~?~111a~~~- , Name(s10l eigner(sI 4 personally known to me proved to me on the bases of satisfactory - evidence to be the person(9p whose name(ay Islase ? ~ AMY J OuSON subscribed to the wlthln Instrument and ]7 j jp84eY acknowledged to me that he/spef£Hey executed Commission • ti _ NotorY P~btlo ~ Laltlomta ~ the same m hIS/herkheu authorized ~ ' San Lula ODiapo County capacdy(tesj, and that by hislk+er/thelr 7 ~gnm.6 Yes0ect7 pp10 signatures{ on the Instrument the personaaj, or g the entity upon behalf of which the person(5j' ~ acted, executed the Instrument WITNESS m and official seal P ' z 2n ure ry Puohc Z ZZ C OPTIONAL K Though the mtormaGOn below is not regmred by law, rt may prove valuable fo persons relying on the document and could prevent fraudulent removal and reattachment or this form to another document y~ Description of Attached Document Ttle or Type of Document ~l;i; ~ ~u 5E=,.~~/[~/C~ t~'tr-~ IZ 'I / , z ~ Document Date { ~.31~ ~ U~ Number of Pages ,r Signer(s) Other Than Named Above Capacity(ies) Claimed by Signer z 4 Signer's Name ~ ~~r-ITT- ~r~ln I'o~k%r' { ~ Individual rop d memo rv=« '2 5 ~ Corporate Officer-Tdle(s) 2 i =Partner-=~Llmlted =General 5 = Attorney-in-Fact < 5 X Trustee S -Guardian or Conservator 2 i = Other ~ 2 - r, S Signer Is Representing ~1r~~Yi T~k~ !~~lv?ti I r T (J~" { 2 v.,~~~~..,i~t.~Lr..'ry?-4~"i~"C`.5,~~.f~,'v--CJ~J''~'6Z.~E~:C.r.~:l`i~!`~~cc.!~.'`G:.'CC~'T4~.L:t: ~.'~C.'G`<,'v.~r~4'r~'r_~: EXHIBIT A Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on map recorded in Book 47 of Parcel Maps, at Page 54 in the office of the County Recorder of said County EXHIBIT B - A portion of Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of San Luis Obispo State of California as shown on map recorded in Book 47 of Parcel Maps, at page 54 in the office of the County Recorder Being more particularly described as follows Beginning at a found rebar in the southeast corner of said Parcel 2 as shown on said map, Thence, along the south line of said parcel 2, also being the north right-of-way line of Fair Oaks Avenue, S 89°34'20" W 341 01 feet to a point, Thence, leaving said south line N 00°25'40" W 83.37 feet to a point on the east right-of- way line of the proposed Woodland Drive extension of the proposed Tract No 2792, said point being the True Point of Beginning of a 15 foot wide sewer easement lying 7 5 feet on each side of the following described centerline, the side lines of said 15 foot easement to be extended or shortened to terminate at the said proposed east right-of- way line, Thence, leaving said proposed east right-of-way line N 73°05'43" E 65 39 feet to an angle point, Thence, N 47°32'24" E 190 85 feet to an angle point, Thence, N 34°25'41" E 78 27 feet to an angle point; Thence, N 34°56'47" W 35.04 feet to an angle point, Thence, N 53°23'00" E 37 64 feet to a point on the north line of said Parcel 2, said point also being the Point of Terminus for said easement centerline, the sidelines of said 15 foot easement to be extended or shortened to terminate at said north line of said Parcel 2, Thence, along said north line, N 89°34'28" E 81 10 feet to a found nail and tag LS 4059 in the top of a railroad tie wall at the northeast corner of said Parcel 2, Thence, along the east line of said Parcel 2, S 00°27'39" E 345 02 feet to the Point of ~ Beginning The above described land is graphs II shown on Exhibit 61, attached hereto and made apart hereof ~~~~Q~AND SU~,`~o F End of description ~ 0(E ~ v {Y ~ 4 J?A No. 6729 ~g q~ OF C pL~4O EXHIBIT BI ~°U4O9ANTOPOFGI RA/LROAD TlE WALL ~ 12" WIDE STORM ORA/N - - ~ - EASEMENT PER 47-PM-54 ~ N5323'00'E ~5 AND PER 1347/OR/672 ~ - _ _ - _ - 37.64' 111 POT N8934 28'E ~''T_81J0'__ - - -I .1 •'S t I ~ ~ ~ ~ N3456'4T1't' 35.04' b'~r/~YG A SJ6fJ/V/S1C11~/ OF ~ r ~ \ ~ N71 RCcL ~ JF 47-PiL1-54 , _ ~ ~`.l' \ - f / ~ _ ~5 7 r~~ \ ~ A ~ I 1. ~ ' ley ~f-PROPOSED WOODLAND ~•~~'~~1/`yX'/J ~ ~ OF O~OP~'~ o~ ORI t/E RIGHT-OF\A Y \k % F ~ \ \,~5 ~ P5 / / r,~ iy ~ ` ` ~ / / L/M/TS OF RECREATION I O Z ~ ~ ~ / / ~ TRA/L AND B/KEWA Y ~ I O I f/,~ 15" TYP/C L / / 47SPML-54 PER ~y ~ / , 3 ' ~ I y ~ r 653\ /////i ~\~yp~(~~,E / c ~ Nj3.05~ ~ \S~~ES" ~ / / ~ ooQb~,4 ~~0 ~ ~ ~ ~ P / P ¢ N 6~~ySE~~~~ / ! / G~~~~ A~ PR SCALE 1 "=50' Zi 6P ~ ~ / FOUND REBAR, NO CAP ! - - - - - 589:3420"W 341.07' POB ?SAD LAND SDR` v~~ KEI H FA/ROAKSAVENUE ° McMillan McM N - - LAND SURVEYS E%PIRE 9-30-OB p No. 6729 ~ SAN6LU/50OB15 OE CA 93401 yy ~p ~805J 541-1663 FAX 547-1664 4rf OF CAI ~F~? DA7E 11-05-07 ?OB NO J97-03 EXHIBIT C Parcel 2 of Parcel Map AG-89-423 in the City of Arroyo Grande, County of San Luis Obispo, State of California as shown on map recorded in Book 47 of Parcel Maps, at Page 54 in the office of the County Recorder of said County. i OFFICIAL CERTIFICATION I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 4070 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12`h day of February 2008. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13`h day of February 2008. KELLY ET ORE, CITY CLERK