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R 4344 RESOLUTION NO. 4344 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE APPROVING SLOPE EASEMENT DEEDS FOR THE EL CAMINO REAL REHABILITATION AND ENHANCEMENT PROJECT, PW 2008 -09 WHEREAS, the City Council approved the plans and specifications for the El Camino Real Rehabilitation and Enhancement project, PW 2008 -09; and WHEREAS, the proposed retaining wall on the south side of the El Camino roadway directly east of the Oak Park Boulevard intersection requires the installation of soil nails that will protrude beyond the right -of -way into the hillside on the adjacent properties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande does hereby accept the offers of slope easements attached in Exhibit "A ": On motion of Council Member Costello, seconded by Council Member Brown, and by the following roll call vote, to wit: AYES: Council Members Costello, Brown, Guthrie, Ray, and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 8 day of March 2011. RESOLUTION NO. y34g r PAGE 2 TONY FER AYOR ATTEST: 4L KELLY ET i) RE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: ArN TIM HY J. CAARMEL, CITY ATTORNEY EXHIBIT A RECORDING REQUESTED BY: City of Arroyo Grande Public Works Department 208 East Branch Street Arroyo Grande, CA 93420 WHEN RECORDED RETURN TO: City of Arroyo Grande A.P. No. [ 077 -041 -004 ] SPACE ABOVE THIS LINE FOR RECORDER'S USE No recording fee per Govemment Code § 6103 No Documentary Transfer Tax per Revenue & Taxation Code § 11922 SLOPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARIO VILLANUEVA and TRISHA S. VILLANUEVA, husband and wife hereinafter referred to as "GRANTOR" do hereby GRANT to the CITY OF ARROYO GRANDE, a municipal corporation in the State of California, hereinafter referred to as "CITY": WITNESSETH: That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged, does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope easement for the present and future construction, reconstruction, operation, repair and maintenance of a public road and appurtenances, and for such excavation and embankment slopes for the lateral and subjacent support of the road, roadbed and appurtenances, including said anchor supports for retaining wall, in such number and size, and with such accessory parts and structures, including soil nails, as CITY, or its successors in interest, from time to time, deem necessary to install over, upon, under and across that certain real property situated in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: see attached legal description Exhibit "A" and map as Exhibit `B ", each attached hereto and made a part hereof Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the necessary rights of entry to and from the hereinabove described property for construction, reconstruction, • operations, repair, or maintenance. The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above described property. GRANTOR: Date: By: MARIO VILLANUEVA Date: By: TRISHA S. VILLANUEVA Exhibit A Legal Description The northerly 15 feet of that property described as Parcel 1 in a Grant Deed to Mario Villanueva and Trisha S. Villanueva, recorded December 28, 2001 as Document No. 2001101144 of Official Records in the San Luis Obispo County Recorder's Office, City of Arroyo Grande, County of San Luis Obispo, State of California. The above described strip of land is graphically shown on the attached Exhibit "B" shown hereon and made a part hereof. End of Legal Description � \.AND SU ' � k t 5 s eQN T. 410 A Pe<- 7/24/09 Joseph T. Morris PLS 6192 Date �° �s License Expiration Date: 8/30/2010 No. 6192 * gyp. 313vt Villanueva's Property.doc 9 ��Q l F OF CAl \F CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781 This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts for public purposes the real property, or interest therein, described in the foregoing Slope Easement Deed dated , 20 Mario Villanueva and Trisha S. Villanueva, Grantor therein, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand this day of , 200_. CITY OF ARROYO GRANDE By: Name: Title: ATTEST: RECORDING REQUESTED BY: City of Arroyo Grande Public Works Department 208 East Branch Street Arroyo Grande, CA 93420 WHEN RECORDED RETURN TO: City of Arroyo Grande A.P. No. [ 077 -041 -002 ] SPACE ABOVE THIS LINE FOR RECORDERS USE No recording fee per Government Code § 6103 No Documentary Transfer Tax per Revenue & Taxation Code § 11922 SLOPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GERRIT B. BERG and KIMBERLY BERG, husband and wife hereinafter referred to as "GRANTOR" do hereby GRANT to the CITY OF ARROYO GRANDE, a municipal corporation in the State of California, hereinafter referred to as "CITY ": WITNESSETH: That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged, does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope easement for the installation of anchor supports for present and future construction, reconstruction, operation, repair and maintenance of a public road and appurtenances, and for such excavation and embankment slopes for the lateral and subjacent support of the road, roadbed and appurtenances, including said anchor supports for retaining wall, in such number and size, and with such accessory parts and structures, including soil nails, as CITY, or its successors in interest, from time to time, deem necessary to install over, upon, under and across that certain real property situated in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: see attached legal description Exhibit "A" and map as Exhibit "B ", each attached hereto and made a part hereof Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the necessary rights of entry to and from the hereinabove described property for construction, reconstruction, operations, repair, or maintenance. The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above described property. GRANTOR: Date: By: GERRIT B. BERG Date: By: KIMBERLY BERG Exhibit A Legal Description The northerly 15 feet of that property described as Parcel 2 in a Grant Deed to Gerrit B. Berg and Kimberly Berg, recorded April 19, 2006 as Document No. 2006027019 of Official Records in the San Luis Obispo County Recorder's Office, City of Arroyo Grande, County of San Luis Obispo, State of California. The above described strip of land is graphically shown on the attached Exhibit "6" shown hereon and made a part hereof. End of Legal Description -2/1 1 IAND 7/24/09 v�• * sa T . y oc F` Joseph T. Moms PLS 6192 Date ~ o � A` License Expiration Date: 8/30/2010 No 6192 3131/10 Berg's Property � OF CAO' EL CAM /NO R EAL arra '' 15' PARCEL 2 DOC. NO. 2006-027019 a I APN 077-041-002 T o 1 BERG, G. 8 K. 2 4 I ' 1 I I SCALE 0 15 30 60 1INCH =30 FEET E EXHIBIT B JOB NO.: 2324626 .a cLARwl COURT SKETCH OF LEGAL DESCRIPTION DRAWING:LEGAL • SAN LUIS OBISPO. CA 0101 PARCEL 2 DOC. N0. :2006.027019 DRAWN BY. MM F: s 54442III CITY OF ARROYO GRANDE DATE: 7 /2009 WALLACE GW iUP "' COUNTY OF LUIS OBISPO, CA SHEET: 1 OF 1 CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781 This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts for public purposes the real property, or interest therein, described in the foregoing Slope Easement Deed dated , 200_, from Gerrit B. Berg and Kimberly Berg, Grantor therein, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand this _ day of , 200_. CITY OF ARROYO GRANDE By: Name: Title: ATTEST: RECORDING REQUESTED BY: City of Arroyo Grande Public Works Department 208 East Branch Street Arroyo Grande, CA 93420 WHEN RECORDED RETURN TO: City of Arroyo Grande A.P. No. [077- 041 -038] SPACE ABOVE THIS LINE FOR RECORDER'S USE No recording fee per Government Code § 6103 No Documentary Transfer Tax per Revenue & Taxation Code § 11922 SLOPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KATHERINE ANNE DE VINCENZO, JOHN PETER DE VINCENZO, CRAIG M. McDONALD, as Trustee and MARY A. McDONALD, as Trustee of the McDonald Family Trust, and LARRY VERNON SMITH and LINDA MARIE SMITH, as Trustees of the Larry Vernon Smith and Linda Marie Smith Living Trust, hereinafter referred to as "GRANTOR" do(es) hereby GRANT to the CITY OF ARROYO GRANDE, a municipal corporation in the State of California, hereinafter referred to as "CITY ": WITNESSETH: That Grantor, for a valuable consideration, receipt of which is hereby acknowledged, does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope easement for the present and future construction, reconstruction, operation, repair and maintenance of a public road and appurtenances, and for such excavation and embankment slopes for the lateral and subjacent support of the road, roadbed and appurtenances, in such number and size, and with such accessory parts and structures, including soil nails, as CITY, or its successors in interest, from time to time, deem necessary to install over, upon, under and across that certain real property situated in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: see attached legal description Exhibit "A" and map as Exhibit "B ", each attached hereto and made a part hereof Additionally, Grantor does hereby further grant to CITY, its successors and assigns, the necessary rights of entry to and from the hereinabove described property for construction, reconstruction, operations, repair, or maintenance. The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above described property. GRANTOR: Date: By: Katherine Anne DeVincenzo Date: By: John Peter DeVincenzo Date: By: Craig M. McDonald, as Trustee Date: By: Mary A. McDonald, as Trustee Date: By: Larry Vernon Smith, as Trustee Date: By: Linda Marie Smith, as Trustee -2- mcd.ag.deed Exhibit A Legal Description The northerly 15 feet of the westerly 5 feet of Parcel 1 of Parcel Map No. AG- 81-52 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the map filed July 27, 1983 in Book 33, Page 88 of Parcel Maps in the office of the County Recorder of said County. also being described in a Trust Transfer Deed to Craig M. McDonald and Mary A. McDonald, recorded August 11, 2000 as Document No. 2000 - 045524 of Official Records in the said County Recorder's Office. The above described strip of land is graphically shown on the attached Exhibit 'B° shown hereon and made a part hereof. End of Legal Description /� • IAND 3U Gi , a 7/24/09 'SP e T. , {j„ Joseph T. Morris PLS 6192 Date >° �s License Expiration Date: 8/30/2010 No. 6192 3/31M � McDonald's Property.doc ,d> ��P. F OF CAL \% F[ e . 5. *NO R 64[ 15' PARCEL 1 PM AG 81 -52 DOC. NO. 2000-045524 APN 077-041 -038 MCDONALD, C. 33/PM/88 1 SCALE o 15 30 60 1 INCH = 30 FEET EXHIBIT B JOB NO: 232 -5626 , ,, CLARION COURT SKETCH OF LEGAL DESCRIPTION DRAWING:LEGAL •" "u PARCEL 1 DOC. NO: 2000-045524 DRAWN BY: MM T YS61Ltl11 Fwswuaw CITY OF ARROYO GRANDE DATE :7/2009 WALLACE atom ...u.11.=.oawus COUNTY OF LUIS OBISPO, CA SHEET: 1 OF 1 CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781 This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts for public purposes the real property, or interest therein, described in the foregoing Slope Easement Deed dated , 20_, from _Katherine Anne DeVincenzo, John Peter DeVincenzo, Craig M. McDonald, as Trustee, Mary A. McDonald, as Trustee, Larry. Vernon Smith as Trustee, and Linda Marie Smith, as Trustee, Grantor therein, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand this _ day of , 200_. CITY OF ARROYO GRANDE By: Name: Title: ATTEST: RECORDING REQUESTED BY: City of Arroyo Grande Public Works Department 208 East Branch Street Arroyo Grande, CA 93420 WHEN RECORDED RETURN TO: City of Arroyo Grande A.P. No. [ 077 -011 -011 ] SPACE ABOVE THIS LINE FOR RECORDER'S USE No recording fee per Government Code § 6103 No Documentary Transfer Tax per Revenue & Taxation Code § 11922 SLOPE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DONALD RAYMOND DECHANCE and DIXIE RUTH DECHANCE, as Trustees of the Donald and Dixie Dechance Living Trust, hereinafter referred to as "GRANTOR" do hereby GRANT to the CITY OF ARROYO GRANDE, a municipal corporation in the State of California, hereinafter referred to as "CITY" WITNESSETH: That GRANTOR, for a valuable consideration, receipt of which is hereby acknowledged, does hereby grant unto CITY, its successors and assigns, a perpetual, permanent and exclusive slope easement for the present and future construction, reconstruction, operation, repair and maintenance of a public road and appurtenances, and for such excavation and embankment slopes for the lateral and subjacent support of the road, roadbed and appurtenances, and with such accessory parts and structures, including soil nails, as CITY, or its successors in interest, from time to time, deem necessary to install over, upon, under and across that certain real property situated in the City of Arroyo Grande, County of San Luis Obispo, State of California, described as follows: see attached legal description Exhibit "A" and map as Exhibit `B ", each attached hereto and made a part hereof Additionally, GRANTOR does hereby further grant to CITY, its successors and assigns, the necessary rights of entry to and from the hereinabove described property for construction, reconstruction, operations, repair, or maintenance. The provisions hereof shall inure to the benefit of the CITY, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above described property. GRANTOR: DECHANCE LIVING TRUST Date: By: DONALD RAYMOND DECHANCE, as Trustee By: DIXIE RUTH DECHANCE, as Trustee Exhibit A Legal Description A portion of that property described in a Grant Deed to the Dechance Living Trust dated 5/28/91, recorded December 7, 2001 as Document No. 2001094909 of Official Records in the San Luis Obispo County Recorder's Office, City of Arroyo Grande, County of San Luis Obispo, State of California, said portion being more particularly described as follows: Being bounded on the north by the northerly line of said property; Being bounded on the east by the easterly line of said property; Being bounded on the south by a line lying 15 feet southerly and concentric to said northerly line; Being bounded on the west by a line lying radial to and westerly 69 feet along said northerly line from the northeasterly corner of said property. The above described strip of land is graphically shown on the attached Exhibit "B" shown hereon and made a part hereof. End of Legal Description � SAND s R • Gi ' a 7/24/09 449 20 T . ,fr n-P , Joseph T. Morris PLS 6192 Date License Expiration Date: 8/30/2010 No. 6192 * Exp. 3/31110 Dechance's Property.doc F Of cWC.° EL CAMINO REAL SEE DETAIL 6 9.00' • i / ' �� i 15' DOC. NO. 2001- 094909 / -- I APN 077 - 011 -011 DECHANCE, D. PARCEL 2 AG -AL 97 -057 I DOC. NO. 1997 - 021908 I 81 /LS /90 I I SCALE 0 25 50 100 I 1 INCH = 50 FEET N j DETAIL SCALE 1 " =5' EXHIBIT B JOB NO.: 232 -5626 MP 613ClARION COURT SKETCH OF LEGAL DESCRIPTION DRAWING:LEGAL SAN LUIS OBISPO, CA 9301 PARCEL 2 AG -AL 97 -057 DRAWN BY: MM T 805 544-4011 R 8055444194 CITY OF ARROYO GRANDE DATE :7 /2009 WALLACE GROUP COUNTY OF LUIS OBISPO, CA SHEET: 1 OF 1 CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781 This is to certify that the CITY OF ARROYO GRANDE, grantee herein, hereby accepts for public purposes the real property, or interest therein, described in the foregoing Slope Easement Deed dated , 20_, from Donald Raymond Dechance, as Trustee, Grantor therein, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand this day of , 200_. CITY OF ARROYO GRANDE By: Name: Title: ATTEST: r r 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 Resolution No. 4344 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of the City Council /Redevelopment Agency of the City of Arroyo Grande on the 8 day of March 2011. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10 day of March 2011. KELLY Ery ORE, CITY CLERK