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CC 2019-12-10_08h Verizon Access Easement_E. Branch Street MEMORANDUM TO: CITY COUNCIL FROM: TIMOTHY J. CARMEL, CITY ATTORNEY SUBJECT: CONSIDERATION OF GRANT OF ACCESS EASEMENT OVER THE CITY-OWNED PARKING LOT LOCATED BEHIND THE 100 BLOCK OF E. BRANCH STREET ON THE NORTH SIDE OF THE STREET TO VERIZON WIRELESS TO ACCESS A NEW SMALL CELL TELECOMMUNICATION FACILITY ON PRIVATE PROPERTY DATE: DECEMBER 10, 2019 SUMMARY OF ACTION: Approval of an access easement granting Verizon Wireless a non-exclusive right to access a building located at 119 E. Branch Street, from the City-owned parking lot located behind 119 E. Branch Street, in order to construct and maintain a small cell telecommunication facility. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: Verizon Wireless will pay the City a one-time payment of $2,500. RECOMMENDATION: It is recommended that the Council grant Verizon Wireless an access easement over the City-owned parking lot located behind the 100 block of E. Branch Street on the north side of the street to access a new small cell telecommunication facility being constructed on private property. BACKGROUND: On August 20, 2019, the Planning Commission approved Conditional Use Permit No. 19- 001 authorizing Verizon Wireless to construct a small cell telecommunication facility on private property located at 119 E. Branch Street. The facility will be located on the roof of the commercial building, screened by an awning. The purpose of the proposed facility is to improve data and 4G voice capacity. In order for Verizon Wireless to construct and maintain the telecommunication facility, they will need to access the back of the building located at 119 E. Branch Street by way of the City-owned parking lot. In order to ensure continued access, Verizon Wireless has requested the City grant it an access easement over the parking lot. In addition, as part of the Planning Commission’s approval of the conditional use permit, a condition of approval was included requiring Verizon Wireless to obtain “an easement agreement through the City controlled parking lot prior to issuance of a building permit.” Item 8.h. - Page 1 CITY COUNCIL CONSIDERATION OF GRANT OF ACCESS EASEMENT OVER THE CITY-OWNED PARKING LOT LOCATED BEHIND THE 100 BLOCK OF E. BRANCH STREET ON THE NORTH SIDE OF THE STREET TO VERIZON WIRELESS TO ACCESS A NEW SMALL CELL TELECOMMUNICATION FACILITY ON PRIVATE PROPERTY DECEMBER 10, 2019 PAGE 2 ANALYSIS OF ISSUES: Granting Verizon Wireless a non-exclusive easement for access over the City’s parking lot for the purpose of ingress and egress in order to construct and maintain a small cell telecommunication facility will allow Verizon Wireless to construct its facility and maintain it into the future. The access easement provides that Verizon Wireless will only use the City-owned property for access and that no permanent structures will be located within the access easement. In addition, should the City choose to redevelop the parking lot in the future, the access easement contains a provision wherein Verizon Wireless agrees to relocate its access easement area to an alternative location on the City-owned property provided Verizon Wireless is able to maintain reasonable access to the back of the building located at 119 E. Branch Street. Lastly, the access easement requires Verizon Wireless to provide the City with a one- time payment of $2,500. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Grant Verizon Wireless an access easement over the City-owned parking lot located on the north side of East Branch Street at the rear of the 100 block of E. Branch Street to access a new small cell telecommunication facility being constructed on private property; or 2. Provide other direction to staff. ADVANTAGES: The grant of an access easement will enable Verizon Wireless to construct a small cell telecommunication facility that will increase cellular data capacity. DISADVANTAGES: The access easement will place a burden on the City-owned parking lot; however, there is language included in the easement to allow the City to relocate Verizon Wireless’ access should the City wish to redevelop the parking lot. ENVIRONMENTAL REVIEW: The conditional use permit for the small cell telecommunications facility was determined to be categorically exempt from the California Environmental Quality Act (“CEQA”) pursuant to Sections 15301(e)(2), 15303(c), and 15332 of the CEQA Guidelines regarding existing facilities, new construction, and in-fill development projects in urban areas. Item 8.h. - Page 2 CITY COUNCIL CONSIDERATION OF GRANT OF ACCESS EASEMENT OVER THE CITY-OWNED PARKING LOT LOCATED BEHIND THE 100 BLOCK OF E. BRANCH STREET ON THE NORTH SIDE OF THE STREET TO VERIZON WIRELESS TO ACCESS A NEW SMALL CELL TELECOMMUNICATION FACILITY ON PRIVATE PROPERTY DECEMBER 10, 2019 PAGE 3 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.h. - Page 3 1 DT ARROYO SC1 121155906_3 GRANT OF EASEMENT THIS GRANT OF EASEMENT ("Easement") is dated as of the last signature date below (“Effective Date”), by City of Arroyo Grande, a municipal corporation (hereinafter "Grantor"), and AirTouch Cellular Inc., d/b/a Verizon Wireless (hereinafter "Grantee"). WHEREAS, Grantor is the owner of certain real property located in the City of Arroyo Grande, California, identified as San Luis Obispo County Assessor’s Parcel Number (“APN”) 007- 192-062, legally described in Exhibit "A" attached hereto (the "Property"), which is currently being used as a public parking lot. WHEREAS, Grantee is the owner of a leasehold estate in certain real property legally described in Exhibit "B" attached hereto (the "Leased Premises"), pursuant to a Lease Agreement dated on the last date of execution thereof (the “Lease”). The Leased Premises is adjacent to the Property. WHEREAS, Grantee intends to construct, operate and maintains a telecommunications facility on the Leased Premises. WHEREAS, Grantor is willing to grant to Grantee an access easement (“Easement”) over and across the Property (the "Easement Area") as depicted in Exhibit “C” attached hereto. NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties agree as follows: 1. Recitals. The above recitals are true and correct and incorporated herein. 2. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a non-exclusive Easement for access over and across the Easement Area for the purposes of ingress and egress for constructing, maintaining, operating, repairing and replacing a telecommunications facility on the Leased Premises. Each party shall utilize its estate in a manner which will minimize interference with the other party’s use of its estate. Grantee shall not engage in any activity nor allow any temporary equipment or vehicles to be located within the Easement Area, which would unreasonably impede vehicular or pedestrian access. Grantee shall take all appropriate safety precautions to ensure its use of the Easement Area does not pose a safety risk to other users of the Easement Area. Notwithstanding the foregoing, during the construction, maintenance, repair, modification, or replacement of a telecommunications facility on the Leased Premises (“Work Period”) and only during the Work Period, Grantee shall have the exclusive use of those portions of the Easement Area designated as “Grantee Exclusive Parking Area” on Exhibit “C” for vehicular parking and equipment. [SUBJECT TO RECEIPT OF FINAL DRAWINGS] Item 8.h. - Page 4 2 DT ARROYO SC1 121155906_3 3. No Permanent Structures. Grantor hereby covenants for and on behalf of itself, its heirs, successors or assigns, that neither it, nor any of them, shall construct or permit to be constructed, any building or any other permanent structure within the Easement Area, or make any permanent excavation, or permit any permanent excavation to be made within the Easement Area. Notwithstanding the above, should Grantor choose to redevelop the Property in the future, including the Easement Area, Grantee agrees to relocate the Easement Area (including the Grantee Exclusive Parking Area) to an alternative location on the Property provided Grantee is able to maintain at all times reasonable access across the Property to the Leased Premises. Grantor acknowledges and agrees that Grantee’s only access to the Leased Premises is through the back door (“Door”) of the building upon which the Leased Premises is located, which Door is only accessible through the Property as further depicted on Exhibit “C” attached hereto. Grantor further agrees that any redevelopment or relocation of the Easement Area shall not interfere with Grantee’s access to the Door. 4. Term. The easement, rights, and privileges herein granted shall be for a term coinciding with the term of the Lease, including any renewals and replacements thereof, and shall, without any further action on the part of Grantor or Grantee, terminate immediately upon the termination of said Lease or replacement. Upon termination of this Easement for any reason, at Grantor’s request Grantee shall execute with acknowledgement and deliver a notice of termination in form suitable for recording in the official records of the County. 5. Termination for Default. Upon Grantee’s default hereunder, Grantor may deliver to Grantee a written notice of default, stating with specificity the nature of Grantee’s default. If Grantee has not cured the default within a reasonable time (but not less than 30 days for a monetary default and 60 days for a non-monetary default) after receipt of the notice of default, Grantor may terminate this Agreement effective immediately upon receipt by Grantee of Grantor’s written notice of termination. 6. Compensation. As consideration for this Agreement, Grantee agrees to pay Grantor a one-time payment of Two Thousand Five Hundred and 00/100 Dollars ($2,500.00) within sixty (60) days after the Effective Date of this Agreement. 7. Indemnification. Grantee agrees to indemnify, defend and hold Grantor harmless from and against any injury, loss, damage or liability, costs or expenses (including reasonable attorneys' fees and court costs) resulting from its use of the Easement Area or that of any of its employees, agents, or contractors, except to the extent attributable to the sole proven negligence or intentional act or omission of Grantor or its agent. Except for indemnification pursuant to this Paragraph, neither party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. Item 8.h. - Page 5 3 DT ARROYO SC1 121155906_3 8. Insurance. Grantee will carry, at its own cost and expense, the following insurance: (i) commercial general liability insurance with a limit of liability of $1,000,000 combined single limit for bodily injury or death/property damage arising out of any one occurrence; and (ii) Workers’ Compensation Insurance as required by law. Grantee will include the Grantor as an additional insured under its commercial general liability policy as their interest may appear under this Agreement. 9. Assignment. Grantee may, at its discretion and upon written notification to Grantor, assign and delegate all or any portion of its rights and liabilities under this Agreement in connection with any assignment of the Lease, or sublease or license of all or a portion of the Leased Premises, without Grantor’s consent. Grantee shall be released from its obligations hereunder only with the prior written consent of Grantor. 10. Dominant and Servient Tenements. This Agreement is granted for the benefit of the Leased Premises, and is appurtenant to the Leased Premises. The Leased Premises are the dominant tenement and the Property is the servient tenement. 11. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the above Easement. Any prior agreements, promises, negotiations or representations not expressly set forth in this Agreement are of no force and effect. 12. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of Grantor and Grantee. 13. Amendments. Any modification or other termination of this Agreement shall become effective only upon the execution by Grantor and Grantee of a written instrument. 14. Recording. Grantor agrees to execute a Memorandum of this Agreement, and any amended Memorandum of Agreement reflecting any material modifications to this Agreement, which Grantee may record in the office of the County Clerk of San Luis Obispo County, California. 15. Notices. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): Item 8.h. - Page 6 4 DT ARROYO SC1 121155906_3 GRANTOR: City of Arroyo Grande, a municipal corporation City Clerk 300 East Branch Street Arroyo Grande, California 93420 GRANTEE: AirTouch Cellular Inc., d/b/a Verizon Wireless 180 Washington Valley Road Bedminster, New Jersey 07921 Attention: Network Real Estate Site: DT Arroyo Grande SC1 Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing. 16. Governing Law and Venue. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of California. The parties hereto agree that all actions or proceedings in connection with this Agreement shall be tried and litigated in the Superior Court located in the County of San Luis Obispo, State of California. IN WITNESS WHEREOF, this Grant of Easement Agreement has been executed and delivered as of the day and year last written below. GRANTOR: City of Arroyo Grande, a municipal corporation By: Name: Caren Ray Russom___ Title: Mayor Date: ATTEST: By: _________________________________ Kelly Wetmore, City Clerk APPROVED AS TO FORM: By: _________________________________ Timothy J. Carmel, City Attorney Item 8.h. - Page 7 5 DT ARROYO SC1 121155906_3 GRANTEE: AirTouch Cellular Inc., d/b/a Verizon Wireless By: Name: Title: Date: Item 8.h. - Page 8 DT ARROYO SC1 121155906_3 EXHIBIT "A" Legal Description of the Property Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: PARCEL A-1: (PORTION APN: 007-192-062) THAT PORTION OF LOT 85 OF THE SUBDIVISIONS OF PARTS OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHAMISAL, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK A, PAGE 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT KNOWN AS THE HOTEL LOT, AS THE SAME IS SHOWN ON THE MAP OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD OCTOBER 2, 1885 IN BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AT A POINT ON THE NORTHERLY LINE OF BRANCH STREET; THENCE NORTH 57° 15' 00" EAST, 23.25 FEET ALONG BRANCH STREET TO A POINT; THENCE NORTH 32° 43' 37" WEST (RECORD NORTH 32° 45' WEST) 132.00 FEET; THENCE SOUTH 57° 15' 00" WEST, 23.25 FEET; THENCE SOUTH 32° 43' 37" EAST (RECORD SOUTH 32° 45' EAST) 132.00 FEET TO THE POINT OF BEGINNING. PARCEL A-2: (PORTION APN: 007-192-062) THAT PORTION OF LOT 85 OF THE SUBDIVISIONS OF PARTS OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHAMISAL, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK A, PAGE 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT KNOWN AS THE HOTEL LOT, AS THE SAME IS SHOWN ON THE MAP OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD OCTOBER 2, 1885 IN BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AT A POINT ON THE NORTHERLY LINE OF BRANCH STREET; THENCE NORTH 57° 15' 00" EAST, 23.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 57°15' 00" EAST, 19.50 FEET TO A POINT; THENCE NORTH 32° 43' 37" WEST, 74.00 FEET TO A POINT; THENCE NORTH 57° 15' 00" EAST, 23.25 FEET TO A POINT; THENCE NORTH 32° 43' 37" WEST, 46.00 FEET TO A POINT; THENCE CONTINUING NORTH 32° 43' 37" WEST (RECORD NORTH 32° 45' 00" WEST) 12.00 FEET TO A POINT; THENCE SOUTH 57° 15' 00" WEST, 42.75 FEET TO A POINT; THENCE SOUTH 32° 43' 37" EAST (RECORD SOUTH 32° 45' 00" EAST) 132.00 FEET TO THE POINT OF BEGINNING. Item 8.h. - Page 9 DT ARROYO SC1 121155906_3 PARCEL A-3: (PORTION APN: 007-192-062) LOT 15 OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED OCTOBER 2, 1885 IN BOOK A, PAGE 85 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTHWESTERLY 1 FOOT OF SAID LOT CONVEYED TO A. PHILLIPS, ET AL. BY DEED RECORDED IN BOOK 50, PAGE 223 OF DEEDS. ALSO EXCEPT THEREFROM THE NORTHEASTERLY 6 FEET OF SAID LOT CONVEYED TO OSCAR L. PHILLIPS, ET UX. BY DEED RECORDED IN BOOK 187, PAGE 321 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THE SOUTHEASTERLY 60 FEET OF SAID LOT. PARCEL A-4: (PORTION APN: 007-192-062) THAT PORTION OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD OCTOBER 2, 1885 IN BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF BRANCH STREET, AT A POINT WHICH BEARS NORTH 57° 15' EAST, DISTANCE 66.00 FEET FROM THE SOUTHEAST CORNER OF THE HOTEL LOT, SAID POINT BEING THE MOST EASTERLY CORNER OF LOT DESIGNATED "PHILLIPS AND CO." ON SAID MAP; THENCE NORTH 32° 43' 37" WEST, 60.00 FEET ALONG THE EASTERLY LINE OF THE LOT DESIGNATED "PHILLIPS AND CO." TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 32° 43' 37" WEST, 60.00 FEET; THENCE NORTH 57° 15' 00" EAST 46.02 FEET; THENCE SOUTH 32° 43' 37" EAST, 60.00 FEET; THENCE SOUTH 57° 15' 00" WEST, 46.02 FEET TO THE POINT OF BEGINNING, AND BEING THE NORTHERLY 60 FEET OF THE PROPERTY CONVEYED TO EUGENE F. LOMBARDO, ET UX., BY DEED DATED MAY 27, 1959 AND RECORDED IN BOOK 1002 AT PAGE 320, OFFICIAL RECORDS OF SAID COUNTY. PARCEL A-5: (PORTION APN: 007-192-062) "HOTEL LOT" OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD OCTOBER 2, 1885 IN BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE NORTHWESTERLY 54.4 FEET DESCRIBED AS FOLLOWS: Item 8.h. - Page 10 DT ARROYO SC1 121155906_3 BEGINNING AT THE MOST WESTERLY CORNER OF SAID HOTEL LOT AND RUNNING THENCE SOUTH 32° 43' 37" EAST (RECORD SOUTH 32-¾° EAST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 54.4 FEET; THENCE NORTH 61° 08' EAST, AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT, 104.13 FEET MORE OR LESS TO THE NORTHEASTERLY LINE OF SAID LOT; THENCE NORTH 32° 43' 37" WEST RECORD NORTH 32-¾° WEST) ALONG SAID NORTHEASTERLY LINE, 54.4 FEET TO THE MOST NORTHERLY CORNER OF SAID HOTEL LOT; THENCE SOUTH 61° 08' WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT, 104.13 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE SOUTHWESTERLY 75 FEET DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID HOTEL LOT AND RUNNING THENCE NORTH 57° 15' EAST, 97.90 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 32° 43' 37" WEST AND PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT, 75.00 FEET; THENCE SOUTH 57° 15' WEST AND PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT, 97.90 FEET TO THE SOUTHWESTERLY LINE OF SAID HOTEL LOT; THENCE SOUTH 32° 43' 37" EAST (RECORD SOUTH 32-¾° EAST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 75.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. Item 8.h. - Page 11 DT ARROYO SC1 121155906_3 EXHIBIT "B" Legal Description of Leased Premises APN: 007-192-056 Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: LOT 15 OF THE BUENA VISTA TRACT, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED OCTOBER 2, 1885 IN BOOK A PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTHWESTERLY 1 FOOT OF SAID LOT CONVEYED TO A. PHILLIPS, ET AL., BY DEED RECORDED IN BOOK 50 PAGE 233 OF DEEDS. ALSO EXCEPT THEREFROM THE NORTHEASTERLY 30.52 FEET OF SAID LOT AS CONVEYED TO ANDREW DAVID ET AL., BY DEED RECORDED IN BOOK 1260 PAGE 75 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THAT NORTHWESTERLY 60.00 FEET OF SAID LOT AS CONVEYED TO THE CITY OF ARROYO GRANDE, BY DEED RECORDED IN BOOK 1386 PAGE 318 OF OFFICIAL RECORDS. APN: 007-192-057 Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: PARCEL 1: LOT 15 OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED OCTOBER 2, 1885 IN BOOK A AT PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE SOUTHWESTERLY 18 FEET, A PORTION OF WHICH WAS RESERVED BY WILLIAM M. VAUGHN AND LUCILLE H. VAUGHN, HUSBAND AND WIFE IN DEED RECORDED SEPTEMBER 13, 1963 IN BOOK 1260 AT PAGE 75 OF OFFICIAL RECORDS, AND A PORTION OF WHICH WAS CONVEYED TO A. PHILLIPS, ET AL., IN DEED RECORDED JANUARY 17, 1902 IN BOOK 50 AT PAGE 223 OF DEEDS. ALSO EXCEPTING THEREFROM THE NORTHEASTERLY 6 FEET OF SAID LOT CONVEYED TO OSCAR L. PHILLIPS, ET UX, BY DEED WHICH RECORDED JANUARY 13, 1936 IN BOOK 187 AT PAGE 321 OF OFFICIAL RECORDS. Item 8.h. - Page 12 DT ARROYO SC1 121155906_3 ALSO EXCEPTING THEREFROM THE NORTHWESTERLY 60 FEET AS CONVEYED TO THE CITY OF ARROYO GRANDE, A MUNICIPAL CORPORATION IN GIFT DEED WHICH RECORDED FEBRUARY 18, 1966 IN BOOK 1386 AT PAGE 318 OF OFFICIAL RECORDS. THIS LEGAL DESCRIPTION IS MADE PURSUANT TO THAT CERTAIN CERTIFICATE OF COMPLIANCE RECORDED APRIL 5, 2000, AS INSTRUMENT NO. 2000-018236 OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT FOR DRIVEWAY PURPOSES OVER AND ACROSS THE NORTHEASTERLY 6 FEET OF LOT 15 OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED OCTOBER 2, 1885 IN BOOK A AT PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Item 8.h. - Page 13 DT ARROYO SC1 121155906_3 EXHIBIT “C” Depiction of Easement (See attached.) Item 8.h. - Page 14 90 SCALE:1" = 300'-0" (8 1/2x11) NORTH 1 LE-1 NEW VERIZON WIRELESS EQUIPMENT & ANTENNA AREA, REFER TO: 1 LE-2 LEASE EXHIBIT SITE PLAN E. B R A N C H S T R E E T PROPERTY L INE SHEET TITLE:ISSUE STATUS 2785 MITCHELL DRIVE, BLDG 9 WALNUT CREEK, CA 94598 119 & 121 E. BRANCH ST. ARROYO GRANDE, CA 93420 PSL# 285338 4/09/18 OM0LEASE EXHIBIT DESCRIPTIONDATE BYREV. SAN DIEGO, CA 92122 619.736.3766 5015 SHOREHAM PLACE, STE. 150 www.sacw.com SAC AE DESIGN GROUP, INC. FA11/11/191 LEASE EXHIBIT FA11/26/192 LEASE EXHIBIT PROPERTY L INE PRO P E R T Y LI N E APN: 007- 1 9 2- 0 5 6 OWN E R( S): ADNA N E L- H E L O U APN: 007- 1 9 2- 0 5 5 OWN E R( S): ADNA N E L- H E L O U APN: 007- 1 9 2- 0 5 7 OWN E R( S): ADNA N E L- H E L O U APN: 007- 1 9 2- 0 5 5 OWN E R( S): ADNA N E L- H E L O U APN: 0 0 7- 1 9 2- 0 6 2 OWN E R( S): CITY O F A R R O Y O G R A N D E APN: 0 0 7- 1 9 2- 0 0 9 APN: 0 0 7- 1 9 2- 0 0 8 APN: 0 0 7- 1 9 2- 0 6 6 APN: 0 0 7- 1 9 2- 0 6 7 APN: 0 0 7- 1 9 2- 0 0 7 PRO P E R T Y LI N E PROPERTY L INE NEW VERIZON WIRELESS 12'-0" WIDE ACCESS & UTILITY EASEMENT RIGHT-OF- WAY 7' -6 "12' -0 " 15'-4" 12'-0" 5'-0" EXISTING UTILITY POLE #37 (NEW VERIZON POWER/FIBER P.O.C.) EXISTING SITE ACCESS DRIVEWAY NEW VERIZON POWER/FIBER OVERHEAD LINES TO NEW WEATHER HEADS MOUNTED TO EXISTING BUILDING (LENGTH=±100FT) VERIZON WIRELESS PARKING AREA, (5) TOTAL 22' -6 "12' -0 " NEW VERIZON WIRELESS 5'-0" WIDE ACCESS EASEMENT RIGHT-OF- WAY NEW VERIZON WIRELESS 5'-0" WIDE ACCESS & UTILITY EASEMENT RIGHT-OF- WAY5'-0"Item 8.h. - Page 15 \ \ El I \ \ \ \ \ \ 11 \ \ \ \ \ \ \ \ / ,,, / I \ \ I I / \/ \ \ \ \ / / / \8 \ \ ~ \ \ \ \ ~~ \ ~ \ \ \ \ ~ 0 \ \ / ~ \ \ / \ \ / \ \o/, 0 0 00 \ \,,/// 0 / I verimrr' iTARROYOG~DESCi / ] SCALE:1/8" = 1'-0" (8 1/2x11) 0 2' 4' 8' NORTH 1LEASE EXHIBIT ENLARGED SITE PLAN LE-2 APN: 007-192-057 OWNER(S): ADNAN EL-HELOU NEW VERIZON WIRELESS 5'-0" WIDE ACCESS EASEMENT RIGHT-OF- WAY NEW VERIZON WIRELESS 15'-2"X1'-3" (18.9 SQ. FT.) ANTENNA LEASE AREAEXISTING PARAPET 3.5' HIGH, TYP.SHEET TITLE:ISSUE STATUS 2785 MITCHELL DRIVE, BLDG 9 WALNUT CREEK, CA 94598 119 & 121 E. BRANCH ST. ARROYO GRANDE, CA 93420 PSL# 285338 4/09/18 OM0LEASE EXHIBIT DESCRIPTIONDATE BYREV. SAN DIEGO, CA 92122 619.736.3766 5015 SHOREHAM PLACE, STE. 150 www.sacw.com SAC AE DESIGN GROUP, INC. FA11/11/191 LEASE EXHIBIT FA11/26/192 LEASE EXHIBIT 4'-0"1'-6"4'-0" 15'-2" 1'-4" 3'-7"3'-4"APN: 007-192-056 OWNER(S): ADNAN EL-HELOU APN: 007-192-055 OWNER(S): ADNAN EL-HELOU E. BRANCH STREET EXISTING LOWER BUILDING ROOFTOP 10.4' HIGH EXISTING UPPER BUILDING ROOFTOP 19.9' HIGH EXISTING ACCESS HATCH PROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINE PROPERTY LINE EXISTING HVAC UNIT EXISTING HVAC UNIT EXISTING HVAC UNIT EXISTING SKYLIGHT VENT EXISTING ELEC. METERS & PANELEXISTING RETAINING WALL EXISTING STAIRS EXISTING ELEC. METERS W/FEATHERHEAD NEW VERIZON WIRELESS FIBER, DC POWER & GROUND CONDUITS ON SLEEPERS (APPROX. 100') NEW VERIZON WIRELESS 3'-0" WIDE ACCESS & UTILITY EASEMENT RIGHT-OF- WAY NEW VERIZON WIRELESS ELEC. METER NEW VERIZON WIRELESS POWER AND FIBER WEATHER HEADS NEW VERIZON WIRELESS 1'-0" WIDE UTILITY EASEMENT RIGHT-OF- WAY 9'-5" NEW VERIZON WIRELESS (2) 4'-0"X1'-6" (6 SQ. FT.) EQUIPMENT LEASE AREA NEW VERIZON WIRELESS 3'-7"X3'-6" (12.6 SQ. FT.) EQUIPMENT LEASE AREA NEW VERIZON WIRELESS 5'-0" WIDE ACCESS EASEMENT RIGHT-OF- WAY EXISTING DRAIN INLET, TYP. FACADE PEAK HIGH 28.2" PARAPET PEAK HIGH 17.1"PROPERTY LINEEXISTING U/G GAS LINE APN: 007-192-062 OWNER(S): CITY OF ARROYO GRANDE 5'-0" 5'-0" 7'-0"5'-0" EXISTING 1/2"Ø CONDUIT 2'-2"Item 8.h. - Page 16 CJ \_ \_ 0 □ ---- --- ----1=-_ -_ ---+----/rrrrrrrrr~~.........--~.....____ - -E @ El I 11 ] 1 116507842_1 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: McGuireWoods LLP 1800 Century Park East, 8th Floor Los Angeles, California 90067 Attention: Daniel A. Valenzuela Site: DT Arroyo Grande SC1 ______________________________________________________________________________ APN: 007-192-062 (Space above this line for Recorder's use) MEMORANDUM OF GRANT OF EASEMENT AGREEMENT This Memorandum of Grant of Easement Agreement (the “Memorandum”) is made as of the date of the last signature below, by and between City of Arroyo Grande, a municipal corporation ("Grantor"), and AirTouch Cellular Inc., d/b/a Verizon Wireless (“Grantee”). Grantor and Grantee are parties to an unrecorded Grant of Easement Agreement (the “Agreement”) wherein Grantor granted to Grantee a non-exclusive easement over and across a portion of that certain real property (the “Property”) located in the City of Arroyo Grande, California, identified as San Luis Obispo County Assessor’s Parcel Number 007-192-062, and legally described in Exhibit “A” attached hereto and incorporated herein, for the purposes of ingress and egress for constructing, maintaining, operating, repairing and replacing a telecommunications facility located on the Leased Premises (as defined in the Agreement), being substantially as described and depicted in the Agreement. The easement, rights, and privileges granted in the Agreement shall be for a term coinciding with the term of the Lease (as defined in the Agreement), including any renewals and replacements thereof, and shall terminate immediately upon the termination of said Lease. The terms and conditions of the Agreement, which are hereby incorporated by reference into this Memorandum, shall extend to and be binding upon the respective successors, assigns, heirs and legal representatives of Grantor and Grantee. [signatures on following page] Item 8.h. - Page 17 2 116507842_1 IN WITNESS WHEREOF, Grantor and Grantee have caused this Memorandum to be duly executed on the date last written below. GRANTOR: City of Arroyo Grande, a municipal corporation By: Name: Caren Ray Russom Title: Mayor Date: ATTEST: By: Kelly Wetmore, City Clerk Date: APPROVED AS TO FORM: By: Timothy J. Carmel, City Attorney Date: GRANTEE: AirTouch Cellular Inc., d/b/a Verizon Wireless By: Name: Title: Date: Item 8.h. - Page 18 DT ARROYO GRANDE SC1 116507842_1 Exhibit “A” (Legal Description of the Property) Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: PARCEL A-1: (PORTION APN: 007-192-062) THAT PORTION OF LOT 85 OF THE SUBDIVISIONS OF PARTS OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHAMISAL, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK A, PAGE 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT KNOWN AS THE HOTEL LOT, AS THE SAME IS SHOWN ON THE MAP OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD OCTOBER 2, 1885 IN BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AT A POINT ON THE NORTHERLY LINE OF BRANCH STREET; THENCE NORTH 57° 15' 00" EAST, 23.25 FEET ALONG BRANCH STREET TO A POINT; THENCE NORTH 32° 43' 37" WEST (RECORD NORTH 32° 45' WEST) 132.00 FEET; THENCE SOUTH 57° 15' 00" WEST, 23.25 FEET; THENCE SOUTH 32° 43' 37" EAST (RECORD SOUTH 32° 45' EAST) 132.00 FEET TO THE POINT OF BEGINNING. PARCEL A-2: (PORTION APN: 007-192-062) THAT PORTION OF LOT 85 OF THE SUBDIVISIONS OF PARTS OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHAMISAL, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK A, PAGE 65 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT KNOWN AS THE HOTEL LOT, AS THE SAME IS SHOWN ON THE MAP OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD OCTOBER 2, 1885 IN BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AT A POINT ON THE NORTHERLY LINE OF BRANCH STREET; THENCE NORTH 57° 15' 00" EAST, 23.25 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 57°15' 00" EAST, 19.50 FEET TO A POINT; THENCE NORTH 32° 43' 37" WEST, 74.00 FEET TO A POINT; THENCE NORTH 57° 15' 00" EAST, 23.25 FEET TO A POINT; THENCE NORTH 32° 43' 37" WEST, 46.00 FEET TO A POINT; THENCE CONTINUING NORTH 32° 43' 37" WEST (RECORD NORTH 32° 45' 00" WEST) 12.00 FEET TO A POINT; Item 8.h. - Page 19 DT ARROYO GRANDE SC1 116507842_1 THENCE SOUTH 57° 15' 00" WEST, 42.75 FEET TO A POINT; THENCE SOUTH 32° 43' 37" EAST (RECORD SOUTH 32° 45' 00" EAST) 132.00 FEET TO THE POINT OF BEGINNING. PARCEL A-3: (PORTION APN: 007-192-062) LOT 15 OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED OCTOBER 2, 1885 IN BOOK A, PAGE 85 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE SOUTHWESTERLY 1 FOOT OF SAID LOT CONVEYED TO A. PHILLIPS, ET AL. BY DEED RECORDED IN BOOK 50, PAGE 223 OF DEEDS. ALSO EXCEPT THEREFROM THE NORTHEASTERLY 6 FEET OF SAID LOT CONVEYED TO OSCAR L. PHILLIPS, ET UX. BY DEED RECORDED IN BOOK 187, PAGE 321 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THE SOUTHEASTERLY 60 FEET OF SAID LOT. PARCEL A-4: (PORTION APN: 007-192-062) THAT PORTION OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD OCTOBER 2, 1885 IN BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF BRANCH STREET, AT A POINT WHICH BEARS NORTH 57° 15' EAST, DISTANCE 66.00 FEET FROM THE SOUTHEAST CORNER OF THE HOTEL LOT, SAID POINT BEING THE MOST EASTERLY CORNER OF LOT DESIGNATED "PHILLIPS AND CO." ON SAID MAP; THENCE NORTH 32° 43' 37" WEST, 60.00 FEET ALONG THE EASTERLY LINE OF THE LOT DESIGNATED "PHILLIPS AND CO." TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 32° 43' 37" WEST, 60.00 FEET; THENCE NORTH 57° 15' 00" EAST 46.02 FEET; THENCE SOUTH 32° 43' 37" EAST, 60.00 FEET; THENCE SOUTH 57° 15' 00" WEST, 46.02 FEET TO THE POINT OF BEGINNING, AND BEING THE NORTHERLY 60 FEET OF THE PROPERTY CONVEYED TO EUGENE F. LOMBARDO, ET UX., BY DEED DATED MAY 27, 1959 AND RECORDED IN BOOK 1002 AT PAGE 320, OFFICIAL RECORDS OF SAID COUNTY. PARCEL A-5: (PORTION APN: 007-192-062) "HOTEL LOT" OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD OCTOBER 2, 1885 IN BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Item 8.h. - Page 20 DT ARROYO GRANDE SC1 116507842_1 EXCEPTING THEREFROM THE NORTHWESTERLY 54.4 FEET DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID HOTEL LOT AND RUNNING THENCE SOUTH 32° 43' 37" EAST (RECORD SOUTH 32-¾° EAST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 54.4 FEET; THENCE NORTH 61° 08' EAST, AND PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT, 104.13 FEET MORE OR LESS TO THE NORTHEASTERLY LINE OF SAID LOT; THENCE NORTH 32° 43' 37" WEST RECORD NORTH 32-¾° WEST) ALONG SAID NORTHEASTERLY LINE, 54.4 FEET TO THE MOST NORTHERLY CORNER OF SAID HOTEL LOT; THENCE SOUTH 61° 08' WEST ALONG THE NORTHWESTERLY LINE OF SAID LOT, 104.13 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THE SOUTHWESTERLY 75 FEET DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID HOTEL LOT AND RUNNING THENCE NORTH 57° 15' EAST, 97.90 FEET ALONG THE SOUTHEASTERLY LINE OF SAID LOT; THENCE NORTH 32° 43' 37" WEST AND PARALLEL WITH THE SOUTHWESTERLY LINE OF SAID LOT, 75.00 FEET; THENCE SOUTH 57° 15' WEST AND PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT, 97.90 FEET TO THE SOUTHWESTERLY LINE OF SAID HOTEL LOT; THENCE SOUTH 32° 43' 37" EAST (RECORD SOUTH 32-¾° EAST) ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 75.00 FEET MORE OR LESS TO THE POINT OF BEGINNING. Item 8.h. - Page 21 DT ARROYO GRANDE SC1 116507842_1 GRANTOR ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) COUNTY OF _______________ ) On ____________________, before me, _____________________________________________, Notary Public, personally appeared _______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Notary Public 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. Item 8.h. - Page 22 DT ARROYO GRANDE SC1 116507842_1 GRANTEE ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) COUNTY OF CONTRA COSTA ) On ____________________, before me, _____________________________________________, Notary Public, personally appeared _______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ______________________________________ Notary Public 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. Item 8.h. - Page 23 THIS PAGE INTENTIONALLY LEFT BLANK Item 8.h. - Page 24