CC 2019-05-28_08d Temporary Easements_Bridge Street Bridge ProjectMEMORANDUM
TO: CITY COUNCIL
FROM: TERESA MCCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: JILL MCPEEK, CAPITAL IMPROVEMENT PROJECT MANAGER
SUBJECT: CONSIDERATION OF A RESOLUTION AUTHORIZING THE PURCHASE
OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE BRIDGE
STREET BRIDGE REHABILITATION PROJECT
DATE: MAY 28, 2019
SUMMARY OF ACTION:
Adoption of the Resolution enables the Community Development Director to execute
agreements for Temporary Construction Easements needed to construct the Bridge
Street Bridge Rehabilitation project.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
The City has been successful in securing 100% grant funding through the Local Highway
Bridge Program (HBP) for the Bridge Street Bridge Rehabilitation project, which includes
$200,000 for purchasing Temporary Construction Easements. The total cost to purchase
the Temporary Construction Easements (TCEs) is $75,100. Staff time will be necessary
to coordinate construction activities with the contractor and construction management
consultants.
RECOMMENDATION:
It is recommended the City Council adopt a Resolution authorizing the Community
Development Director to execute agreements for Temporary Construction Easements
with property owners for construction of the Bridge Street Bridge Rehabilitation project.
BACKGROUND:
Due to various deficiencies, the Bridge Street Bridge is restricted to a 3-ton maximum
load limit and is in need of rehabilitation or replacement. In 2005, a Preliminary
Engineering Study (PES) was prepared that presented a preliminary set of alternatives
and associated costs for rehabilitating or replacing the bridge but efforts were halted due
to the required local match funds under the regular HBP program. In July 2010, the City
was made aware of an opportunity to receive 100% Federal funding and the City applied
for and was approved to receive 100% Federal funding. In May 2012, after a competitive
procurement process, the City retained Quincy Engineering, Inc. to begin preliminary
design and public outreach. Since that time, the City and its consultant team has diligently
worked with the community to understand their needs and perform bridge design. In
Item 8.d. - Page 1
CITY COUNCIL
CONSIDERATION OF A RESOLUTION AUTHORIZING THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENTS FOR THE BRIDGE STREET BRIDGE
REHABILITATION PROJECT
MAY 28, 2019
PAGE 2
January 2015, the Council selected two alternatives for environmental study for the
project, one for rehabilitation and one for replacement. In January 2017, the Council
approved the elimination of the replacement alternative as the rehabilitation alternative is
considered an avoidance alternative and must be the selected alternative under Section
4(f) of the Department of Transportation Act if it is feasible and prudent. In September
2017, the City Council approved the environmental document. Since that time, the City
and its consultant team have proceeded with the design and right of way of the
rehabilitation alternative and in July 2018, the Council approved an Agreement with
Hamner, Jewell & Associates (HJA) to perform right of way acquisition and appraisal
services for the project following a competitive acquisition process.
ANALYSIS OF ISSUES:
In order to construct the Bridge Street Bridge Rehabilitation project, TCEs will be required.
A TCE allows a City and its contractors to enter a private property for temporary use
during the construction of a project. For this project, existing utilities that are supported
by the Bridge Street Bridge will need to be relocated during construction to adjacent
private properties. In addition, TCEs are necessary to occupy areas for material and
equipment staging, and to gain access points to the construction area.
While the Bridge Street Bridge Rehabilitation project will be constructed within the existing
public right of way, TCEs will need to be acquired from three adjacent private properties
for temporary use during construction of the project. The City’s offering prices were based
on appraisals performed by a local appraiser, Ed Hawkes, as part of the HJA team. To
ensure that fair market value was offered to the property owners for the purchase of the
TCEs, a valuation was made by taking into consideration the highest and best use of the
affected property, the size of the land, any improvements located thereon, and all other
factors that affect fair market value. Appraisal reviews of Hawkes’ appraisals were
performed by appraiser Dennis Greene, also part of the HJA team, to comply with federal
appraisal review requirements.
Beginning in May 2018, City staff and HJA met with and offered to the three property
owners the City’s initial offer for the TCEs. The team spent considerable effort
coordinating with the property owners and in May 2019, was successful in securing
agreement from the three property owners for the TCEs. Staff is recommending these
agreements be executed now to ensure that the TCEs remain in effect during events such
as a property being sold to a new owner.
The following is a summary of the three TCEs:
127 Bridge Street
APN 007-491-016
Property is located on the southeast corner of the Bridge Street Bridge
Item 8.d. - Page 2
CITY COUNCIL
CONSIDERATION OF A RESOLUTION AUTHORIZING THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENTS FOR THE BRIDGE STREET BRIDGE
REHABILITATION PROJECT
MAY 28, 2019
PAGE 3
The City is purchasing a temporary construction and access easement (approximately
11,435 square feet) for purposes such as storage of materials, supplies and
equipment
Acquisition amount $52,000
101 West Branch Street
APN 007-481-001
Property is located on the northwest corner of the Bridge Street Bridge
The City is purchasing a temporary construction and access easement (approximately
1,250 square feet) for a temporary pedestrian access and utility bridge over Arroyo
Grande creek
Acquisition amount $6,800
135 Traffic Way
APN 007-481-011
Property is located on the southwest corner of the Bridge Street Bridge
The City is purchasing a temporary construction and access easement (approximately
11,585 square feet) for a temporary pedestrian access and utility bridge over Arroyo
Grande creek
Acquisition amount $16,300
The proposed Resolution authorizes the Community Development Director to execute
TCE Agreements with owners of the properties listed above.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Approve staff’s recommendations;
2. Do not approve staff’s recommendations; or
3. Provide direction to staff.
ADVANTAGES:
Purchasing the TCEs will allow the City and its contractors to enter private properties
during the construction of the project for purposes such as material and equipment
staging and access points to the construction area, and for temporary pedestrian access
and utility relocations. Bringing the Bridge Street Bridge up to standard loading conditions
will remove the 3-ton maximum load limit and would allow fire and delivery trucks to utilize
Bridge Street as a route. The project implements the Council goal to support City
infrastructure.
Item 8.d. - Page 3
CITY COUNCIL
CONSIDERATION OF A RESOLUTION AUTHORIZING THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENTS FOR THE BRIDGE STREET BRIDGE
REHABILITATION PROJECT
MAY 28, 2019
PAGE 4
DISADVANTAGES:
Some traffic related disruption within the Village will occur during construction activities.
ENVIRONMENTAL REVIEW:
No environmental review is required for the approval of the Resolution.
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.
Item 8.d. - Page 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE AUTHORIZING THE PURCHASE OF
TEMPORARY CONSTRUCTION EASEMENTS FOR THE
BRIDGE STREET BRIDGE REHABILITATION PROJECT
WHEREAS, the Bridge Street Bridge is currently a two-lane bridge over Arroyo Grande
Creek that adds valued character to the Village of Arroyo Grande; and
WHEREAS, the Bridge Street Bridge is structurally deficient, obsolete and in need of
rehabilitation; and
WHEREAS, to rehabilitate the bridge as currently designed, it is necessary to obtain
temporary construction easements by which the City’s contractor may utilize private
property for constructability purposes; and
WHEREAS, certain private property owners have agreed to grant the City the use of their
property for temporary construction easements; and
WHEREAS, the rehabilitation of the Bridge Street Bridge, including the costs associated
with the procurement of the temporary construction easements, is fully funded by
Caltrans’ Highway Bridge Program; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby:
1, The Council hereby approves and authorizes the Community Development
Director to execute temporary construction easement agreements with property
owners adjacent to the Bridge Street Bridge, in the forms attached hereto as
Exhibit A and incorporated herein by reference, subject to final approval as to form
by the City Attorney.
2. The Community Development Director is hereby authorized to take any and all
such actions and make changes as may be necessary to accomplish the purpose
of this resolution.
On motion by Council Member , seconded by Council Member ,
and by the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
The foregoing Resolution was adopted this 28th day of May 2019.
Item 8.d. - Page 5
RESOLUTION NO.
PAGE 2
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A. BERGMAN, CITY MANAGER
APPROVED AS TO FORM:
HEATHER K. WHITHAM, CITY ATTORNEY
Item 8.d. - Page 6
APN: 007-491-016 City of Arroyo Grande\ Brisco Foundation
Page 1 of 4
PARCEL NO.: 007-191-016
PROJECT: Bridge Street Bridge
OWNER: Brisco Foundation
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between
Aileen Mankins, Blair Mankins and Mark Mankins, as Successor Co-Trustees of the Leo
A. and Minta L. Brisco Foundation
(hereinafter called “Grantor”), and
City of Arroyo Grande, a municipal corporation
(hereinafter called “City”).
An instrument in the form of a Temporary Construction Easement Deed (“Easement
Deed”) covering the property particularly described therein (“Easement Area”), has been
executed concurrently with this Agreement and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the City
of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
2. The City shall:
A.PAYMENT - Pay to the order of the Grantor the sum of fifty-two thousand dollars
($52,000) as consideration in full for the property interests described in the Easement Deed, for
the loss, replacement and moving of any improvements, and for entering into this Agreement.
Said sum shall be paid within thirty days of the date of City acceptance and execution of this
Agreement.
B.RECORDATION OF INSTRUMENT - Accept the Easement Deed and may, at
City’s sole discretion, cause the same to be recorded in the office of the San Luis Obispo County
Recorder.
C.MISCELLANEOUS COSTS - Pay any and all transactional closing costs and
recording fees incurred in this transaction.
D.CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have
the authority to deduct and pay from the amount shown in Clause 2.A. above any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in
EXHIBIT A
Item 8.d. - Page 7
APN: 007-491-016 City of Arroyo Grande\ Brisco Foundation
Page 2 of 4
which the deeds record, together with penalties and interest thereon, and/or delinquent and
unpaid nondelinquent assessments which have become a lien as of the date of this Agreement.
E. PROPERTY RESTORATION AND CONSTRUCTION PROVISIONS – Except for
vegetation, City shall, upon completion of construction, generally restore the Easement Area to a
comparable or better condition as that which existed prior to City’s project construction, to the
extent reasonably practical, in accordance with the provisions of the Easement Deed. The City
intends to utilize the entire parking lot of Grantor’s property. City will provide for on-street
parking for two vehicles in front of Grantor’s building, reserved for and signed for the use of
Grantor’s property occupants, or in the alternative, will provide two parking spots either in the
parking lot Easement Area or across the street on the street or in a private parking lot reserved
for Grantor’s tenants.
F. INDEMNIFICATION - Indemnify and hold harmless the Grantor from any and all
claims, damages, costs, judgments or liability proximately caused by City or its officers,
employees, contractors or agents specifically arising from City’s construction and restoration
work within the Easement Area during the temporary easement period specified in the Easement
Deed.
3. The Grantor:
A. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or
any portion of the Easement Area or if there are such leases, Grantor agrees to hold the City
harmless and reimburse City for any and all of its losses and expenses occasioned by reason of
any lease encumbering the Easement Area. Grantor shall provide City use of the Easement Area
free of any leases that may conflict with City’s rights under the Easement Deed provisions.
B. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving
requirements to clear any defects and imperfections in all matters of record title, Grantor
indemnifies and holds the City harmless from any and all claims that other parties may make or
assert on the title to the Easement Area. Grantor’s obligation to indemnify the City shall not
exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and
warrants that he/she/they are the sole vested owners of the Easement Area, holding all ownership
and possessory rights, and are the authorized signatories to grant the easement rights referenced
in this Agreement and the Easement Deed without conflict or claims from other parties.
C. GRANTOR’S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF
THE PROPERTY – Hereby represents and warrants that to the best of Grantor’s knowledge and
belief, throughout the period of ownership by Grantor, there has been no spill, discharge, release,
cleanup or contamination of or by any hazardous or toxic waste or substance used, generated,
treated, stored, disposed of or handled by the Grantor, its employees, and/or agents on or around
the Easement Area. Further, Grantor agrees to disclose to the City of Arroyo Grande, prior to the
close of escrow, all studies, reports, and investigations, known to Grantor, concerning any
pollution, toxic building materials or toxic hazardous substances or wastes located at, on, or
under the Easement Area.
4. The Parties agree:
A. ESCROW - At City’s option, to open an escrow in accordance with this Agreement at
an escrow company of City’s choice. Opening an escrow shall be at City’s sole discretion and
Item 8.d. - Page 8
APN: 007-491-016 City of Arroyo Grande\ Brisco Foundation
Page 3 of 4
City may decide to process this transaction without the use of an escrow agent. The parties
hereto agree to do all acts necessary to close this escrow in the shortest possible time.
B. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants and conditions
of this Agreement.
C. COMPLETE UNDERSTANDING - This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors
or assigns.
D. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon
approval by the Arroyo Grande City Council. This Agreement is not binding upon the City until
executed by the appropriate City official(s) acting in their authorized capacity.
E. COUNTERPARTS - This Agreement may be executed in counterparts, each of which
so executed shall irrespective of the date of its execution and delivery be deemed an original, and
all such counterparts together shall constitute one and the same document.
F. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs,
executors, administrators, assigns and successors of the parties hereto.
G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto
utilize electronic or facsimile documents which include signatures, such documents shall be
accepted as if they bore original signatures provided that documents bearing ORIGINAL
SIGNATURES are provided following transmittal of the electronic or facsimile signature.
Documents for recordation by the Clerk Recorder must contain original signatures.
H. RELEASE OF DEED UPON CONSTRUCTION CONCLUSION- Within 90 days
after the conclusion of project construction, City shall cause to be recorded with the County
Recorder a release of the Temporary Construction Easement deed if previously recorded.
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
GRANTOR:
Aileen Mankins, Blair Mankins and Mark Mankins, as Successor Co-Trustees of the Leo A. and
Minta L. Brisco Foundation
________________________________ Date: ____________________________
Aileen Mankins, Successor Co-Trustee
________________________________ Date: ____________________________
Blair Mankins, Successor Co-Trustee
________________________________ Date: ____________________________
Mark Mankins, Successor Co-Trustee
Item 8.d. - Page 9
APN: 007-491-016 City of Arroyo Grande\ Brisco Foundation
Page 4 of 4
GRANTOR’S MAILING ADDRESS:
1005 El Camino Real
Arroyo Grande, CA 93420
Agency Name: City of Arroyo Grande
________________________________ Date:__________________________
Name: Teresa McClish
Title: Community Development Director
Attest:
Kelly Wetmore, City Clerk
Approved as to Form:
Heather K. Whitman, City Attorney
MAILING ADDRESS OF CITY:
City of Arroyo Grande
Attn: Kelly Wetmore, City Clerk
300 East Branch Street
Arroyo Grande, CA 93420
Item 8.d. - Page 10
APN: 007-481-001 City of Arroyo Grande\Hometown Ventures LLC
Page 1 of 4
PARCEL NO.: 007-481-001
PROJECT: Bridge Street bridge
OWNER: Hometown Ventures LLC
TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between
Hometown Ventures LLC
(hereinafter called “Grantor”), and
City of Arroyo Grande, a municipal corporation
(hereinafter called “City”).
An instrument in the form of a Temporary Construction and Access Easement Deed
(“Easement Deed”) covering the property particularly described therein (“Easement Area”), has
been executed concurrently with this Agreement and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the City
of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
2. The City shall:
A. PAYMENT - Pay to the order of the Grantor the sum of six thousand eight hundred
dollars ($6,800) as consideration in full for the property interests described in the Easement
Deed, for the loss, replacement and moving of any improvements, and for entering into this
Agreement. Said sum shall be paid within thirty days of the date of City acceptance and
execution of this Agreement.
B. RECORDATION OF INSTRUMENT - Accept the Easement Deed and may, at
City’s sole discretion, cause the same to be recorded in the office of the San Luis Obispo County
Recorder.
C. MISCELLANEOUS COSTS - Pay any and all transactional closing costs and
recording fees incurred in this transaction.
D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have
the authority to deduct and pay from the amount shown in Clause 2.A. above any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in
Item 8.d. - Page 11
APN: 007-481-001 City of Arroyo Grande\Hometown Ventures LLC
Page 2 of 4
which the deeds record, together with penalties and interest thereon, and/or delinquent and
unpaid nondelinquent assessments which have become a lien as of the date of this Agreement.
E. PROPERTY RESTORATION – Except for vegetation, City shall, upon completion of
construction, generally restore the Easement Area to a comparable or better condition as that
which existed prior to City’s project construction, to the extent reasonably practical, in
accordance with the provisions of the Easement Deed. At the request of Grantor, the ramp from
the street to the temporary pedestrian bridge will be left in place for Grantor’s use. At the
conclusion of construction, this ramp will become the sole property of Grantor and Grantor will
be solely responsible for all future maintenance, repair and replacement.
F. INDEMNIFICATION - Indemnify and hold harmless the Grantor from any and all
claims, damages, costs, judgments or liability proximately caused by City or its officers,
employees, contractors or agents specifically arising from City’s construction and restoration
work within the Easement Area during the temporary easement period specified in the Easement
Deed.
3. The Grantor:
A. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or
any portion of the Easement Area or if there are such leases, Grantor agrees to hold the City
harmless and reimburse City for any and all of its losses and expenses occasioned by reason of
any lease encumbering the Easement Area. Grantor shall provide City use of the Easement Area
free of any leases that may conflict with City’s rights under the Easement Deed provisions.
B. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving
requirements to clear any defects and imperfections in all matters of record title, Grantor
indemnifies and holds the City harmless from any and all claims that other parties may make or
assert on the title to the Easement Area. Grantor’s obligation to indemnify the City shall not
exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and
warrants that he/she/they are the sole vested owners of the Easement Area, holding all ownership
and possessory rights, and are the authorized signatories to grant the easement rights referenced
in this Agreement and the Easement Deed without conflict or claims from other parties.
C. SUPPLEMENTAL FORMS - Agrees to provide all required supplemental forms
necessary to complete this transaction, including a W-9 Form required for payment processing.
D. GRANTOR’S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE
PROPERTY – Hereby represents and warrants that to the best of Grantor’s knowledge and belief,
throughout the period of ownership by Grantor, there has been no spill, discharge, release, cleanup
or contamination of or by any hazardous or toxic waste or substance used, generated, treated, stored,
disposed of or handled by the Grantor, its employees, and/or agents on or around the Easement
Area. Further, Grantor agrees to disclose to the City of Arroyo Grande, prior to the close of escrow,
all studies, reports, and investigations, known to Grantor, concerning any pollution, toxic building
materials or toxic hazardous substances or wastes located at, on, or under the Easement Area.
4. The Parties agree:
A. ARTICLE HEADINGS - Article headings in this Agreement are for convenience
only and are not intended to be used in interpreting or construing the terms, covenants and
conditions of this Agreement.
Item 8.d. - Page 12
APN: 007-481-001 City of Arroyo Grande\Hometown Ventures LLC
Page 3 of 4
B. COMPLETE UNDERSTANDING - This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors
or assigns.
C. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon
approval by the Arroyo Grande City Council. This Agreement is not binding upon the City until
executed by the appropriate City official(s) acting in their authorized capacity.
D. COUNTERPARTS - This Agreement may be executed in counterparts, each of which
so executed shall irrespective of the date of its execution and delivery be deemed an original, and
all such counterparts together shall constitute one and the same document.
E. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs,
executors, administrators, assigns and successors of the parties hereto.
G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto
utilize electronic or facsimile documents which include signatures, such documents shall be
accepted as if they bore original signatures provided that documents bearing ORIGINAL
SIGNATURES are provided following transmittal of the electronic or facsimile signature.
Documents for recordation by the Clerk Recorder must contain original signatures.
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
GRANTOR:
Hometown Ventures LLC
By: ________________________________ Date: ____________________________
Name:
Title:
By: ________________________________ Date: ____________________________
Name:
Title:
Item 8.d. - Page 13
APN: 007-481-001 City of Arroyo Grande\Hometown Ventures LLC
Page 4 of 4
GRANTOR’S MAILING ADDRESS:
Century 21 Hometown Realty
102 Bridge Street
Arroyo Grande, CA 93420-3310
Agency Name: City of Arroyo Grande
________________________________ Date:__________________________
Name: Teresa McClish
Title: Community Development Director
Attest:
Kelly Wetmore, City Clerk
Approved as to Form:
Heather K. Whitman, City Attorney
MAILING ADDRESS OF CITY:
City of Arroyo Grande
Attn: Kelly Wetmore, City Clerk
300 East Branch Street
Arroyo Grande, CA 93420
Item 8.d. - Page 14
APN: 007-481-011 City of Arroyo Grande\ Kaloosian_
Page 1 of 4
PARCEL NO.: 007-481-011
PROJECT: Bridge Street Bridge
OWNER: Kaloosian
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS AGREEMENT is made and entered into by and between
Raffi M. Kaloosian, a married man as his sole and separate property and Minas
Kaloosian, a single man
(hereinafter called “Grantor”), and
City of Arroyo Grande, a municipal corporation
(hereinafter called “City”).
An instrument in the form of a Temporary Construction Easement Deed (“Easement
Deed”) covering the property particularly described therein (“Easement Area”), has been
executed concurrently with this Agreement and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the City
of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement.
2. The City shall:
A. PAYMENT - Pay to the order of the Grantor the sum of sixteen thousand three
hundred dollars ($16,300) as consideration in full for the property interests described in the
Easement Deed, for the loss, replacement and moving of any improvements, and for entering
into this Agreement. Said sum shall be paid within thirty days of the date of City acceptance and
execution of this Agreement.
B. ADDITIONAL TERMS – City will allow Grantor the use of the three parking spots
(“Parking Spots”) by Traffic Way as “non-conforming use” as defined in Arroyo Grande
Municipal code Section 16.48.110 and subject also to Code section 16.44.050D for creek
management indicated as spots 13, 14 and 15 and highlighted in yellow on the attached plat
marked Exhibit A and incorporated herein;
1. City will allow the following improvements in the Parking Spots subject to
Engineering Department review for the purposes of storm water compliance
per the Municipal Code:
Item 8.d. - Page 15
APN: 007-481-011 City of Arroyo Grande\ Kaloosian_
Page 2 of 4
a. permeable pavers or permeable pavement in the Parking Spots, if
Grantor so desires, at Grantor’s sole expense;
b. Striping the Parking Spots, if Grantor so desires, at Grantor’s sole
expense;
c. The paving of the Parking Spots and striping shall be less than 500
square feet.
2. Subject to Engineering Department review for purposes of storm water
compliance, City will allow Grantor, at Grantor’s sole expense, to use
permeable pavers or permeable pavement to pave a drive aisle no wider than
12 foot extending from the driveway in front of the main building to the
existing pavement in back of the building placed as far from the top of creek
bank as feasible.
C. RECORDATION OF INSTRUMENT - Accept the Easement Deed and may, at
City’s sole discretion, cause the same to be recorded in the office of the San Luis Obispo County
Recorder.
D. MISCELLANEOUS COSTS - Pay any and all transactional closing costs and
recording fees incurred in this transaction.
E. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have
the authority to deduct and pay from the amount shown in Clause 2.A. above any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in
which the deeds record, together with penalties and interest thereon, and/or delinquent and
unpaid nondelinquent assessments which have become a lien as of the date of this Agreement.
F. PROPERTY RESTORATION – Except for vegetation, City shall, upon completion of
construction, generally restore the Easement Area to a comparable or better condition as that
which existed prior to City’s project construction, to the extent reasonably practical, in
accordance with the provisions of the Easement Deed. City will relocate the existing fence along
the creek in the Easement Area. If it cannot effectively re-use the existing fence materials, City
will install new like-kind fencing.
G. INDEMNIFICATION - Indemnify and hold harmless the Grantor from any and all
claims, damages, costs, judgments or liability proximately caused by City or its officers,
employees, contractors or agents specifically arising from City’s construction and restoration
work within the Easement Area during the temporary easement period specified in the Easement
Deed.
3. The Grantor:
A. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on all or
any portion of the Easement Area or if there are such leases, Grantor agrees to hold the City
harmless and reimburse City for any and all of its losses and expenses occasioned by reason of
any lease encumbering the Easement Area. Grantor shall provide City use of the Easement Area
free of any leases that may conflict with City’s rights under the Easement Deed provisions.
B. TITLE INDEMNITY AND WARRANTY - In consideration of the City waiving
requirements to clear any defects and imperfections in all matters of record title, Grantor
Item 8.d. - Page 16
APN: 007-481-011 City of Arroyo Grande\ Kaloosian_
Page 3 of 4
indemnifies and holds the City harmless from any and all claims that other parties may make or
assert on the title to the Easement Area. Grantor’s obligation to indemnify the City shall not
exceed the amount paid to the Grantor under this Agreement. Grantor hereby represents and
warrants that he/she/they are the sole vested owners of the Easement Area, holding all ownership
and possessory rights, and are the authorized signatories to grant the easement rights referenced
in this Agreement and the Easement Deed without conflict or claims from other parties.
C. SUPPLEMENTAL FORMS - Agrees to provide all required supplemental forms
necessary to complete this transaction, including a W-9 Form required for payment processing.
D. GRANTOR’S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF THE
PROPERTY – Hereby represents and warrants that to the best of Grantor’s knowledge and belief,
throughout the period of ownership by Grantor, there has been no spill, discharge, release, cleanup
or contamination of or by any hazardous or toxic waste or substance used, generated, treated, stored,
disposed of or handled by the Grantor, its employees, and/or agents on or around the Easement
Area. Further, Grantor agrees to disclose to the City of Arroyo Grande, prior to the close of escrow,
all studies, reports, and investigations, known to Grantor, concerning any pollution, toxic building
materials or toxic hazardous substances or wastes located at, on, or under the Easement Area.
4. The Parties agree:
A. ARTICLE HEADINGS - Article headings in this Agreement are for convenience
only and are not intended to be used in interpreting or construing the terms, covenants and
conditions of this Agreement.
B. COMPLETE UNDERSTANDING - This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors
or assigns.
C. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon
approval by the Arroyo Grande City Council. This Agreement is not binding upon the City until
executed by the appropriate City official(s) acting in their authorized capacity.
D. COUNTERPARTS - This Agreement may be executed in counterparts, each of which
so executed shall irrespective of the date of its execution and delivery be deemed an original, and
all such counterparts together shall constitute one and the same document.
E. SUCCESSORS AND ASSIGNS - This Agreement shall apply to and bind the heirs,
executors, administrators, assigns and successors of the parties hereto.
G. ELECTRONIC AND FACSIMILE SIGNATURES – In the event that the parties hereto
utilize electronic or facsimile documents which include signatures, such documents shall be
accepted as if they bore original signatures provided that documents bearing ORIGINAL
SIGNATURES are provided following transmittal of the electronic or facsimile signature.
Documents for recordation by the Clerk Recorder must contain original signatures.
Item 8.d. - Page 17
APN: 007-481-011 City of Arroyo Grande\ Kaloosian_
Page 4 of 4
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
GRANTOR:
________________________________ Date: ____________________________
Raffi M. Kaloosian
________________________________ Date: ____________________________
Minas Kaloosian
GRANTOR’S MAILING ADDRESS:
135 Traffic Way
Arroyo Grande, CA 93420-3332
CITY OF ARROYO GRANDE:
________________________________ Date:__________________________
Name: Teresa McClish
Title: Community Development Director
Attest:
Kelly Wetmore, City Clerk
Approved as to Form:
Heather K. Whitman, City Attorney
MAILING ADDRESS OF CITY:
City of Arroyo Grande
Attn: Kelly Wetmore, City Clerk
300 East Branch Street
Arroyo Grande, CA 93420
Item 8.d. - Page 18
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Item 8.d. - Page 20