R 4961 RESOLUTION NO. 4961
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ACCEPTING AN EASEMENT FOR
EMERGENCY ACCESS FOR CONDITIONAL USE PERMIT
18-005; LOCATED AT 995 E. GRAND AVENUE
WHEREAS, the Planning Commission approved Conditional Use Permit 18-005 on
November 6, 2018 to establish a religious facility, neighborhood coffee shop, and additional
lease space in the existing building at 995 E. Grand Avenue; and
WHEREAS, conditions of approval required the dedication of an Emergency Access
Easement; and
WHEREAS, accepting the dedicated easement will provide for emergency access to the
property; 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
hereby accepts the emergency access easement as shown in Exhibit "A", attached hereto
and incorporated herein by this reference.
On motion of Mayor Ray Russom, seconded by Council Member Barneich, and on the
following roll call vote, to wit:
AYES: Mayor Ray Russom and Council Members Barneich, Paulding, George, Storton
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 28th day of January, 2020.
RESOLUTION NO. y94'(
PAGE 2
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CAREN RA\ R -SOM, MAYOR
ATTEST:
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KELLY W' T 9 RE, CITY CLERK
APPROVED AS TO CONTENT:
JAMES A , CITY MANAGER
APPROVED AS TO FORM:
TIMO HY J. CA EL, CITY ATTORNEY
EXHIBIT A
RECORDING REQUESTED BY:
ANDRE,MORRIS, &BUTTERY PC
WHEN RECORDED MAIL TO:
Andre, Morris &Buttery PC(WVD)
P.O. Box 730
San Luis Obispo, CA 93406-0730
APN's:077-223-061,062 and 064 Space Above this Line For Recorder's Use
GRANT OF EMERGENCY ACCESS EASEMENT AGREEMENT
THIS GRANT OF EMERGENCY ACCESS EASEMENT AGREEMENT
("Agreement"), is made as of the date last set forth below opposite signatures, by and between
Kent N.Allen and Robin R. Allen,Trustees of The Allen Family Trust 1998 u/t/a June 17, 1988,
hereinafter referred to as "Grantor" and the City of Arroyo Grande, a California municipal
corporation,hereinafter referred to as "City".
RECITALS
A. Condition #28 of the Resolution of the Planning Commission of the City of
Arroyo Grande Approving Conditional Use Permit 18-005 requires the grant of an easement for
emergency vehicle access.
B. The Allen Trust is the owner of certain real property described as 995 Grand
Avenue, Arroyo Grande, California, Parcel A of Parcel Map AG 72-251, and as more
particularly set forth on Exhibit "A" ("The 995 Parcel"), and the real property described as 973
Grand Avenue, Arroyo Grande, California, Parcel 1 of Parcel Map AG 73-468, and as more
particularly set forth on Exhibit "B" (the "973 Parcel"). The 995 Parcel and the 973 Parcel are
referred to individually as a"Parcel",and collectively as the"Parcels"or the"Property."
C. Said Grantor desires to grant to the City, an easement over a portion of the 995
Parcel that will allow for access by emergency vehicles, on the terms and conditions set forth
herein. -
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein, and for good and other valuable consideration, the receipt and sufficiency of which is
hereby acknowledged,the parties agree as follows:
1. Grant of Emergency Access Easement. That said Grantor does hereby grant
•
to City, and City hereby accepts from Grantor, a non-exclusive, perpetual easement for ingress
and egress over and across the portion of the 995 Parcel described in Exhibit"C"(the"Easement
Area") by all government personnel, vehicles and equipment for the purpose of emergency and
safety response, including but not limited to fire and rescue, police, and ambulance. Such
\ambdnuin12Wro awDoes\ALLUKL011Doc1542619 2.doe
easement shall not permit access by the general public or any use or purpose other than ingress
and egress of emergency vehicles on official business.
2. Character and Use of Easement. The easement described above shall be non-
exclusive and in gross. Provided, however, the easement rights granted to the City herein shall
be paramount and superior to the right of Grantor.
3. Prohibited Activities within Easement. Within said easement, for the
purposes of ensuring unobstructed emergency access, the construction, or placement of any
temporary or permanent structure, parking, equipment, or material storage, or any other activity
that would impede emergency access shall be prohibited.
4. Term. The easement will be an easement in perpetuity for the benefit of City, its
successors and assigns.
5. Successors and Assigns. The provisions of this Agreement are intended to
and will run with the land referenced herein and will bind, be a charge upon and inure to the
benefit of the respective owners of the subject property and their successors and assigns.
6. Attorney's Fees. If any legal action or proceeding arising out of or relating
to this Agreement is brought by either party to this Agreement, the prevailing party shall be
entitled to receive from the other party, in addition to any other relief that may be granted, the
reasonable attorney's fees, costs and expenses incurred in the action or proceeding by the
prevailing party.
7. 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.
8. Severability. If any term or provision of this Agreement is determined to be
illegal,unenforceable,or invalid in whole or in party for any reason, such illegal,unenforceable,
or invalid provision'or part thereof shall be stricken from this Agreement, and such provision
shall not affect the legality, enforceability, or validity of the remainder of the Agreement. If any
provision or part thereof of this Agreement is stricken in accordance with the provisions of this
section, then such stricken provision shall be replaced, to the extent possible, with a legal,
enforceable, and valid provision that is as similar in tenor to the stricken provision as is legally
possible.
9. Counterparts. This Agreement may be executed in two or more counterparts,
each of which will be deemed an original, but all of which together will constitute one and the
same instrument.
10. Authority of Parties. All persons executing this Agreement on behalf of a party
warrant that they have the authority to execute this Agreement on behalf of that party.
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IN WITNESS WHEREOF, this Grant of Emergency Access Easement Agreement is
hereby executed by the said Grantor and City as of the day and year written below.
Grantor: City:
The All Family Trust 1998 u/t/a June e 17, City of Arroyo Grande:
1998
A. p-AL)-57-'6.� Caren Russom,Mayor
Kent N.Allen,Trustee
¢� n
e^- , TTVo ATTEST:
R n R Allen,Trustee
Date: Kelly Wetmore, City Clerk
APPROVED AS TO FORM:
Timothy J.Cannel, City Attorney
llambdmain121ProLawDocslALLEKE•O11DxW2619 2.doc 3
EXHIBIT"A"
LEGAL DESCRIPTION OF 995 PARCEL
Parcel A of Parcel Map AG 72-251,in the City of Arroyo Grande,County of San Luis Obispo,
State of California,according to map recorded September 12, 1972 in Book 9,Page 53 of Parcel
Maps,in the office of the County Recorder of said County.
APN 077-223-061 and 077-223-062
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EXl-IIBIT "B"
LEGAL DESCRIPTION OF 973 PARCEL
Parcel 1 of Parcel Map AG 73-468,in the City of Arroyo Grande,County of San Luis Obispo,
State of California,according to map recorder November 23, 1973 in Book 13,Page 14 of Parcel
Maps,in the office of the County Recorder of said County.
APN 077-223-064
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EXHIBIT"C"
EMERGENCY ACCESS EASEMENT
A portion of Parcel A of Parcel Map AG 72-251 as shown on the map thereof recorded
September 12, 1972, in Book 9, Page 53 of Parcel Maps in the office of the County Recorder,
County of San.Luis Obispo, State of California, described as follows:
Beginning at the southwest corner of said Parcel A, also being a point along the
easterly right-of-way of Alder Street;
Thence along said right-of-way N 21°08'00" E, 24.06 feet;
Thence leaving said right-of-way, S 48°27'00" E, 32.25 feet;
Thence S 69°52'05" E, 60.12 feet;
Thence S 83°01'05"E, 43.47 feet; I
Thence N 64°23'41" E, 35.49 feet, to the line common to Parcel 1 of Parcel Map
Parcel Map AG 73-468 as shown on the map thereof recorded November 23, 1973, in Book
13, Page 14 of Parcel Maps of said County;
Thence,along said common line, S 28°49'54"W, 50.79 feet, to the southeasterly line
of said Parcel A;
Thence along the southwesterly line thereof, N 68°52'00"W, 150.00 feet to the Point
of Beginning and containing 2,906 square feet more or less and as shown on Exhibit C2
attached hereto and by reference made a part hereof.
END DESCRIPTION
Prepared by:
VA/1W* �OP� R•
William R. Dyer, LS 566 Lic. Exp. 9/30/19 (-9/Z.-4fog
Date: 4/3/18 LS.5669 `
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Grant of Emergency
Access Easement Agreement, dated between Kent N. Allen and Robin R.
Allen, Trustees of The Allen Family Trust 1998 u/t/a June 17, 1988 and the CITY OF
ARROYO GRANDE, a municipal corporation, is hereby accepted by order of the City
Council of the City of Arroyo Grande pursuant to authority conferred by order of the City
Council of the City of Arroyo Grande on January 28, 2020, and the grantee consents to
recordation thereof by its duly authorized Mayor.
Dated:
CITY OF ARROYO GRANDE:
By
CAREN RAY RUSSOM, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
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. 4961 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 28th day of January, 2020.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 30th day of
January, 2020.
/ / daiu
KELLY ET y ORE, CITY CLERK