CC 2020-06-09_08f Verizon Access Easement in VillageMEMORANDUM
TO: CITY COUNCIL
FROM: TIMOTHY J. CARMEL, CITY ATTORNEY
SUBJECT: CONSIDERATION OF GRANT OF ACCESS AND UTILITY 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 CONSTRUCT AND MAINTAIN A
NEW SMALL CELL TELECOMMUNICATION FACILITY ON PRIVATE
PROPERTY
DATE: JUNE 9, 2020
SUMMARY OF ACTION:
Approval of the Grant of Easement will grant 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 make a one-time payment to the City of $2,500, and pay $1,000
annually thereafter. The annual payment will increase by 2% each year.
RECOMMENDATION:
It is recommended that the Council approve a Grant of Easement Agreement with Verizon
Wireless granting an access and utility easement over the City-owned parking lot located
behind the 100 block of E. Branch Street on the north side of the street to construct and
maintain a new small cell telecommunication facility 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. 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.”
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 ‘ Item 8.f. - Page 1
SUMMARY OF ACTION:
Approval of the Grant of Easement will grant 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 make a one-time payment to the City of $2,500, and pay $1,000
annually thereafter. The annual payment will increase by 2% each year.
RECOMMENDATION:
It is recommended that the Council approve a Grant of Easement Agreement with Verizon
Wireless granting an access and utility easement over the City-owned parking lot located
behind the 100 block of E. Branch Street on the north side of the street to construct and
maintain a new small cell telecommunication facility on private property .
CITY COUNCIL
CONSIDERATION OF GRANT OF ACCESS AND UTILITY 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
CONSTRUCT AND MAINTAIN A NEW SMALL CELL TELECOMMUNICATION
FACILITY ON PRIVATE PROPERTY
JUNE 9, 2020
PAGE 2
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, Verizon
requested a utility easement to construct and maintain overhead utility lines.
ANALYSIS OF ISSUES:
Granting Verizon Wireless a non-exclusive access and utility easement for the purpose
of ingress and egress and to install and maintain overhead utility lines will allow Verizon
Wireless to construct its small telecommunications facility and maintain it into the future.
The easement provides that Verizon Wireless will only use the City-owned property for
access and that no permanent structures will be located within the easement. In addition,
should the City choose to redevelop the parking lot in the future, the easement contains
a provision wherein Verizon Wireless agrees to relocate the 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.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Grant Verizon Wireless an access and utility 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 construct and maintain a new small cell
telecommunication facility; or
2. Provide other direction to staff.
ADVANTAGES:
The grant of an easement will enable Verizon Wireless to construct and maintain a small
cell telecommunication facility that will increase cellular data capacity.
DISADVANTAGES:
The 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.f. - Page 2
CITY COUNCIL
CONSIDERATION OF GRANT OF ACCESS AND UTILITY 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
CONSTRUCT AND MAINTAIN A NEW SMALL CELL TELECOMMUNICATION
FACILITY ON PRIVATE PROPERTY
JUNE 9, 2020
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.f. - Page 3
DT ARROYO GRANDE
131066514_1
GRANT OF EASEMENT AGREEMENT
THIS GRANT OF EASEMENT AGREEMENT ("Agreement") 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 maintain a telecommunications
facility on the Leased Premises.
WHEREAS, Grantor is willing to grant to Grantee an easement over and across portions
of the Property (collectively, 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 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 and for constructing, maintaining,
operating, repairing and replacing overhead utility lines and cables to and from the
Leased Premises. Grantee shall utilize its estate in a manner which will minimize
interference with Grantor’s use of the Property.
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 the telecommunications facility on the Leased
Premises or Grantee’s improvements within the Easement Area (collectively, the
“Work Period”) and only during the Work Period, Grantee shall have the exclusive
use of those portions of the Easement Area designated as “Verizon Wireless Parking
Area” on Exhibit “C” for vehicular parking and equipment. Grantee shall provide
Grantor with ten (10) days’ prior written notice of when any Work Period will
Item 8.f. - Page 4
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131066514_1
commence. For the initial Work Period for construction of the telecommunications
facility, Grantee shall pay Grantor $200 a day for each day the Work Period extends
beyond fifteen (15) days for reasons within the control of Grantee or its contractors or
agents. Subsequently, any Work Period shall be for a period of no more than five (5)
days without Grantor’s prior written consent. Additionally, Grantee shall pay Grantor
$100 for each day the Work Period extends beyond five (5) days for reasons within the
control of Grantee or its contractors or agents. At the conclusion of each Work Period,
Grantee shall restore the Easement Area to its original condition.
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 Verizon Wireless 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 unreasonably 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 25 year term of the Lease and shall, without any further action on
the part of Grantor or Grantee, terminate immediately upon the termination of said
Lease. Grantee shall provide Grantor with written notice of Lease termination within
ten (10) days of such termination. Upon termination of the Agreement, Grantee shall
remove the overhead utility lines and cables and any other equipment from the
Easement Area and shall restore the Easement Area to its original condition. Upon
termination of this Agreement for any reason, at Grantor’s request Grantee shall
execute with acknowledgement and deliver a notice of termination of this Agreement
in a 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
fifteen (15) days for a monetary default and thirty (30) 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 shall pay Grantor One
Thousand Dollars ($1,000) on or before January 1 of each year this Agreement remains
in effect. Said amount shall automatically increase by ten percent (10%) every five (5)
years. Additionally, Grantee agrees to pay Grantor a one-time administrative fee of
Item 8.f. - Page 5
DT ARROYO GRANDE
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Two Thousand Five Hundred Dollars ($2,500) 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) arising out of this Agreement or 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 proven sole negligence or intentional act or
omission of Grantor.
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.
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 and provide Grantor with
proof of same.
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.
Item 8.f. - Page 6
DT ARROYO GRANDE
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14. Recording. Grantor agrees to execute a Memorandum of this Agreement, and any
amended Memorandum of this 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):
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.
[Signatures appear on following page]
Item 8.f. - Page 7
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131066514_1
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
GRANTEE: AirTouch Cellular Inc., d/b/a Verizon Wireless
By:
Name:
Title:
Date:
Item 8.f. - Page 8
DT ARROYO GRANDE
131066514_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;
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.f. - Page 9
DT ARROYO GRANDE
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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.f. - Page 10
DT ARROYO GRANDE
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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.f. - Page 11
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EXHIBIT "B"
Legal Description of Leased Premises
APN: 007-192-055:
Real property in the City of Arroyo Grande, County of San Luis Obispo, State of California,
described as follows:
THAT PART OF THE BUENA VISTA TRACT, IN THE CITY OF ARROYO GRANDE,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED
FOR RECORD OCTOBER 2, 1885 BOOK A, PAGE 58 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING ON THE NORTH LINE OF BRANCH STREET, AS SHOWN ON SAID MAP AT
THE MOST EASTERLY CORNER OF THE LOT DESIGNATED "PHILLIPS AND CO." ON
SAID MAP; THENCE NORTH 57 1/4° EAST ALONG THE NORTH LINE OF BRANCH
STREET, 46 FEET; THENCE NORTH 32 3/4° WEST, 120 FEET TO THE NORTHERLY LINE
OF LOT 15, AS SHOWN ON SAID MAP;
THENCE SOUTH 57 1/4° WEST ALONG THE NORTHERLY LINE OF SAID LOT 15 AND
ALONG THE NORTHERLY LINE OF THE LOT SHOWN ON SAID MAP AS "ARROYO
GRANDE HALL CO.", 46 FEET TO THE EASTERLY LINE OF THE LOT DESIGNATED
"PHILLIPS AND CO." ON SAID MAP;
THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID "PHILLIPS AND CO."
LOT, 120 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, BEING ALL OF
"ARROYO GRANDE HALL CO." LOT AND THE WESTERLY 1 FOOT OF SAID LOT 15.
EXCEPTING THEREFROM THE NORTHWESTERLY 60 FEET THEREOF AS CONVEYED
TO THE CITY OF ARROYO GRANDE BY DEED RECORDED FEBRUARY 18, 1966 IN
BOOK 1386, PAGE 320 OF OFFICIAL RECORDS.
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
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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.
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.f. - Page 13
DT ARROYO GRANDE
131066514_1
EXHIBIT “C”
Depiction of Easement Area
(See attached.)
Item 8.f. - 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. BRAN
C
H ST
REET 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# 2853384/09/18 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
FA12/24/193 LEASE EXHIBIT PROPERTY
L
INE
PROP
E
R
T
Y LI
N
E
APN:007-192-0
5 6OWNE
R(S):
ADNA
N EL-
H
EL
O
U
APN: 007-19
2-0
5 5OWNE
R(S):
ADNA
N EL-
HEL
O
U
APN:
007-1
92-05
7
OWNE
R(S):
ADNA
N EL-
HEL
O
U
APN:
007-192-
05
5
OWNE
R(S):
ADNA
N EL-
HEL
O
U
APN: 007-192-
062
OWNE
R(S):
CITY OF
A
R
R
O
Y
O
G
R
A
N
DE
APN: 00
7-
192-009
APN: 007-192-
008
APN: 007-192-
066
APN: 007-192-
067
APN: 00
7-
192-007
PROP
E
R
T
Y LI
N
E
PROPERTY
L
INE
NEW VERIZON WIRELESS
12'-0" WIDE ACCESS
EASEMENT RIGHT-OF- WAY
7
'
-
6
"
1
2
'
-
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
2
2
'
-
6
"
1
2
'
-
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.f. - Page 15
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Item 8.f. - Page 16