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Home My WebLink AboutD-2153 Permanent Access License - San Luis Ranch1Z Kok,,k616IR� RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 RECEIVE ov S _0 C1-VY LEP Tommy Gong San Luis Obispo — County Clerk —Recorder 09/24/2020 08:39 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 17 Fees: $0.00 Taxes: 0.00 Total: 0.00 1111 IRMPROMMU11 11 APN'S: (San Luis Ranch Property) 067-121-022 Space Above This Line For Recorder's Use (City Farm Property) 053-152-006; 007; 008 and 009 NO RECORDING FEE — PUBLIC AGENCY — Government Code § 6103 PERMANENT ACCESS EASEMENT This PERMANENT ACCESS EASEMENT ("Easement") is made and entered this .30+I1 day of , 2019 ("Effective Date") by and between the City of San Luis Obispo, a municipal corporation and charter city ("City"), and MI San Luis Ranch, LLC, a Delaware limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property located at 1035 Madonna Road, San Luis Obispo, California, APN: 067-121-022 (the "San Luis Ranch Property") as more particularly depicted in Exhibit "A" attached hereto and incorporated herein by this reference; WHEREAS, Developer has obtained various entitlements from City, including, but not limited to, a Specific Plan, Development Plan, and Vesting Tentative Tract Map to develop up to 580 residential units and approximately 250,000 square feet of commercial development on the San Luis Ranch Property as more particularly set forth in City Resolution No. 10822; 2017 Series (the "Project"); WHEREAS, City is the owner of certain real property located off Calle Joaquin, San Luis Obispo, commonly referred to as the "City Farm," Assessor Parcel Nos. 053-152-006; 007; 008; and 009 (the "City Farm Property") and more particularly depicted in Exhibit "B"; WHEREAS, the City Farm Property is, and will hereafter be subject to leases and subleases, in favor of tenants and subtenants whom are hereby collectively referred herein as "Tenants"; WHEREAS, City desires to obtain Developer's permission for City and Tenants to enter onto a portion of the San Luis Ranch Property for purposes of reasonable vehicular ingress and egress to and from the City Farm Property for purposes of conducting agricultural operations at the City Farm Property; and San Luis Ranch - Permanent Access Easement (01- —5-2019) Page 1 -2�5'3 WHEREAS, Developer desires to obtain City's permission to enter onto a portion of the City Farm Property, for purposes of reasonable vehicular ingress and egress to and from the San Luis Ranch Property for purposes of conducting agricultural operations at the San Luis Ranch Property. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Developer hereby grants to City, and City hereby accepts, an Easement, in perpetuity, to enter upon that portion of the San Luis Ranch Property as shown as the Shared Farm Access Easement on Lot 10 on the map of Tract 3096 recorded on , 20dQ in Book AYy of Maps, Pages I'7 throug11 143, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California for the sole purpose of the City and Tenants' reasonable two-way vehicular ingress and egress to the City Farm Property for purposes of conducting agricultural operations on the City Farm Property; in exchange, the City hereby grants Developer, and Developer hereby accepts, an Easement, in perpetuity, to enter upon that portion of the City Farm Property as described on Exhibit "C" and depicted on Exhibit "D" for the sole purpose of reasonable two-way vehicular ingress and egress to the San Luis Ranch Property for purposes of conducting agricultural operations on the San Luis Ranch Property (collectively the "Access Road). 2. Commencement of Easement. This Easement shall commence upon the termination of the Temporary Access License ("Temporary License Agreement") executed between City and Developer and recorded concurrently herewith in the Official Records of San Luis Obispo County, California. Notwithstanding the foregoing, if the Developer's rights under the Temporary License Agreement are terminated pursuant to Sections 8 or 9 of the Temporary License Agreement, the Parties agree that this Easement shall be deemed null and void ab initio, and be of no further force or effect. 3. Term and Termination of Easement. Upon commencement of this Easement pursuant to Section 2 above, this Easement shall be an easement in perpetuity for the benefit of the City Farm Property and the San Luis Ranch Property, and their respective tenants, successors and assigns. The Easement may be terminated by written unanimous consent of the Parties, and/or their respective successors and or assigns, and shall terminate upon recordation of an instrument incorporating such unanimous consent and the termination of the Easement in the Official Records of San Luis Obispo County. The rights of either party under this Easement may also be terminated for a material breach of the terms of this Easement provided the non -defaulting party gives the defaulting party written notice of such default, and: (i) if the defaulting party fails to cure such default within thirty (30) days after receipt of such notice; or, (ii) if the default is of such a character as to require more than thirty (30) days to cure, and then, if the defaulting party fails to use reasonable diligence in curing such default, then either: a. The non -defaulting party may cure such default for the account of and at the cost and expense of the defaulting party, and the reasonable sums so expended by the non - defaulting party shall be payable by the defaulting party on demand; or Page 2 San Luis Ranch - Perrnanent Access F,ascment (01-25-2019) b. The non -defaulting party may elect to terminate the defaulting party's rights under this Easement by written notice directed to the defaulting party, and the defaulting party's rights under this Easement shall be immediately terminated. Such termination however shall have no force or effect as to the rights of the non -defaulting party under this Easement. 4. Use of Access Road. Developer and City hereby acknowledge that their use of the Access Road is limited to ingress and egress for purposes of conducting agricultural operations on their respective properties and only by the respective parties' officers, officials, employees, contractors, Tenants, guests, invitees and agents. For purposes of this Easement, the term "agricultural operations" when referring to the San Luis Ranch Property shall be limited to the various agriculture uses within in the San Luis Ranch Specific Plan. The Access Road shall not be used by the City, Tenants or any other persons in connection with any educational, marketing or similar events on the City Farm Property. All parties agree to work cooperatively to restrict access to the Access Road to the parties identified in this Easement, and to prevent third party encroachments on the Access Road. 5. Responsibility For Maintenance of Access Road. The Access Road shall be regularly maintained with a functioning all-weather surface and in a condition free of potholes, large cracks, or other material defects. Any maintenance work on the Access Road shall be done in a good and professional manner and be performed by either the parties themselves, their tenants, or by licensed contractors. Except as otherwise herein provided, after the commencement of the Easement as provided in Section 2 above, the cost and expense of maintaining and repairing the Access Road shall be shared between the City and the Developer as follows: a. City shall be financially responsible for twenty-five percent (25%) of the cost and expense of maintaining and repairing the Access Road; and b. Developer shall be financially responsible for seventy-five percent (75%) of the cost and expense of maintaining and repairing the Access Road. For purposes of this paragraph, repair of the Access Road includes the repair of all damages caused by ordinary use, the occurrence of natural events, and acts of God. Subject to the foregoing, Developer shall be responsible for ensuring that the Access Road is maintained in accordance with this Easement. Prior to incurring any repair costs in excess of $1,000, Developer shall contact City in order to determine if such work triggers the payment of prevailing wages and to obtain City's written consent, such consent shall not be unreasonably withheld. Neither party shall be responsible for any labor costs for maintaining the Access Road if such work is performed by that party, or their tenants or employees. 4. Responsibility for Repair .of Other Damage to Access Road. Each party shall be solely responsible for the cost of repair of any damage to the Access Road which is caused by that party Page 3 San Luis Ranch - Permanent Access Easement (01-25-2019) or that party's tenants, contractors, agents, guests, licensees, or invitees, and which is above and beyond normal wear and tear occasioned by ordinary use. Indemnification. a. City agrees to indemnify, protect, and hold harmless Developer, and its successors in interest from and against any and all claims, costs, expenses, damages, and/or injuries and death, including, but not limited to attorney's fees and costs, arising out of or related to the City's and/or Tenants' use of the Access Road and entry onto San Luis Ranch Property; provided, however, that City's duty to indemnify, protect and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the Developer, its agents, guests or invitees. b. Developer agrees to indemnify, protect, and hold harmless City, and its Tenants, officials, officers, employees, agents, guests and invitees from and against any and all claims, costs, expenses, damages, and/or injuries and death, including, but not limited to attorney's fees and costs, arising out of or related to Developers' use of the Access Road and entry onto City Farm Property; provided, however, that Developer's duty to indemnify, protect and hold harmless shall not include any claims or liability arising from the negligence or willful misconduct of the City, and/or the Tenants, or their agents, guests or invitees. 6. Insurance. a. During the term of this Easement, City shall maintain commercial general liability insurance covering liability for personal injury, death or property damage in the minimum amount of $1,000,000 per occurrence. Developer shall be named as an additional insured under said policy for the term of this Easement. Developer acknowledges that City's general liability insurance is through CaIJPIA, a pooled insurance provider. b. During the term of this Easement, Developer shall maintain commercial general liability insurance covering liability for personal injury, death or property damage in the minimum amount of $1,000,000 per occurrence. City shall be named as an additional insured under said policy for the term of this Easement. c. Upon reasonable request, City and Developer shall provide one another with proof of insurance as required herein. 7. Effect of Easement. This Easement shall run with the San Luis Ranch Property and City Farm Property and shall benefit and be binding upon their respective successor and assigns. Page 4 San l_Ans Ranch — Permanent Access Easement (01-25-2019) 8. Amendment. This Easement may only be changed by an instrument in writing signed by all of parties and recorded in the office of the County Recorder of the County of San Luis Obispo, California. 9. Governing Law. This Easement shall be governed in all respects by the laws of the State of California. In any action or proceeding connected with this Easement, the parties consent to the jurisdiction and venue of the Superior Court of the State of California, County of San Luis Obispo, California. 10. Judicial Reference. Pursuant to Code of Civil Procedure Section 638, et seq., all legal actions regarding this Easement shall be heard by a referee who shall be a retired judge from either the San Luis Obispo County Superior Court, the California Court of Appeal, the United States District Court or the United States Court of Appeals, provided that the selected referee shall have experience in resolving land use and real property disputes. Developer and City shall agree upon a single referee who shall then try all issues, whether of fact or law, and report a finding and judgment thereon and issue all legal and equitable relief appropriate under the circumstances of the controversy before such referee. If the parties are unable to agree on a referee within ten (10) days of a written request to do so by either party hereto, either party may seek to have one appointed pursuant to Code of Civil Procedure Section 640. The cost of such proceeding shall initially be borne equally by the Parties. Any referee selected pursuant to this Section 10 shall be considered a temporary judge appointed pursuant to Article 6, Section 21 of the California Constitution. Notwithstanding the provisions of this Section 10, any party shall be entitled to seek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Easement, or to enjoin the other party from an asserted breach thereof, pending the selection of a referee as provided in this Section 10, on a showing that the moving party would otherwise suffer irreparable harm. Upon the mutual agreement by all parties, any legal action shall be submitted to mediation in accordance with rules to be mutually agreed upon by the parties. 11. Attorney's Fees. Should any of the parties be required to engage counsel for the purposes of enforcing or preventing the breach of any provision hereof, including, but not limited to, by instituting any action or referenced proceeding to enforce any provision hereof, for damages by reason of any alleged breach of any provision hereof, for a declaration of such party's rights and obligations with reference to the provisions hereof, by defending any action or proceeding instituted in violation hereof, or for seeking any other judicial or referenced remedy, then if said matter is settled by judicial or referenced determination, the prevailing party shall be entitled, in addition to such other relief as may be granted, to be reimbursed by the losing party for reasonable attorneys' fees and costs actually incurred by the prevailing party. 12. Authorization. The parties to this Easement represent to each other that each has the full right and authority to enter into this Easement. 13. Counterparts. This Easement may be executed in one or more counterparts each of which shall be an original and will become effective and binding upon the parties at such time as all the signatories hereto have signed the counterpart of the Easement. Page 5 San Luis Ranch Permanent Acccss Easement (01- 2j -2019) 14. Notices. All notices, demands and requests required or desired to be given under this Easement must be in writing and shall be deemed to have been given as of the date such writing is (i) delivered to the party intended, (ii) delivered to the then current address of the party intended, or (iii) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: If to City: Michael Codron Community Development Department 919 Palm Street San Luis Obispo, CA 93401 With Copy to: J. Christine Dietrick City Attorney 990 Palm Street San Luis Obispo, CA 93401 If to Developer: Gary Grossman MI San Luis Ranch, LLC c/o Coastal Community Builders, Inc. 330 James Way, Suite 270 Pismo Beach CA 93449 With Copy to: Steven Spierer SpiererlWoodward IC orbalis JGo ldb erg 707 Torrance Boulevard, Suite 200 Redondo Beach CA 90277-3400 Following ten (10) days' prior written notice, each party shall have the right to change its address to any other address. [Signatures on following page.] Page 6 San Luis Ranch — Permanent Access Easement (01-25 -2019) IN WITNESS WHEREOF, the parties hereto have caused this Easement to be executed as of the Effective Date. CITY: CITY OF SAN LUIS OBISPO — -v- ��L Heid' 1- ar on. Mayo APPROVED AS TO FORM: DEVELOPER: MI SAN LUIS RANCH, LLC, a Delaware limited liability company By: MI Entitlements IV, LLC A Delaware limited liability company Its: Manager By: Presidio Merced Land IV Passive, LLC A Delaware limited liability company Its: Co -Manager By: .. Michael I Ivan Its Authorized Representative By: GGCCB, LLC A California limited liability company Its: Co -Manager By: y G ssman Its raging Member [ACKNOWLEDGEMENTS ATTACHED.) Page 7 San Luis Ranch — Permanent Access Easement (0 1-25-2019) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 .1SS:•IS:S�.r:,Q+i{•::'r �0k4c r�7SC.:i1;•??-,¢i[N;4ii6}�6: i;4}:<3.6;Sb�;•y SSi;•5,`SCY�){b};•}; tis=Sii's4�fs: �iik:;w;fr.'ri3 �. _1 sM .M' 44',,i GY4}: i9i s�(ti�[4$M?;,,r��:'sr`k.�i�t. �'r�A'F'ri?W� at ,iMAl iii 33 s; y 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. State of California 1 County of Y,\_.a U �� J} On _ �..��.s ��ti before me,w� D to Here Insert Name and Title of the Officer personally appeared �r� , ,- `_ Name(s) of Signer(s) 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. ••`_ O1 KEVIN R. CHRISTIAN Notary Public- California San Luis Obispo County Commission # 2302534 ' n " My Comm. Expires Aug 22, 2023 Place Notary Seal and/or Stamp Above 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. Signature k1lt,` 6k==� Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dac meet Title or Type of Document: eYw�c�.�^�`^ \ l Lc�•- 5 '�= �'�w-�---� Document Dater-'�-�V 3�7 ; �� Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: C��•� �`�xv`^;�,^ ❑ Corporate Officer - Ti le(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or C nservator Signer is Representing: C2018 National Notary Association Signer's Names �Iv C-\ ,\ CD _)A " J CAJ-- ❑ Corporate Officer - Title(s): _ ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ G ard' n or Consery to ,o`Other: _► e e r t .,. Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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. State of California ` County of �::5a4n(U!5 +� On J before me, — �Q' Dot Here Insert Name and Tit e of the Offi r personally appeared Name(s) of Signer(s) 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. ul—SHERIF.KASFRAVA My Notary Public - California San Luis Obispo County Commission p 2263811 Comm. Expires Oct 22, 2022 Place Notary Seal and/or Stamp Above 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. Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: '�?.�{f3;�i�i33�•t�f"rtfs�ifiii�.r'stPi'�43.pia;I�t�4iv.['3�N.•dine.�ri?bSk1fN,3i��3SS3tti;.BY?dFE§3�`i?{'�;�€f0i3�£}1;#t,'`.sr.4E��kFks�stl�3��F3*�}F#�3fTi�1� 02017 National Notary Association ACKNOWLEDGMENT 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 truth- fulness, accuracy, or validity of that document. State of _ County of Minnesota Hennepin On 2/14/19 before me, Amy Sundell, Notary Public (insert name and title of the officer) personally appeared Michael M. Sullivan 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 para- graph is true and correct. WITNESS my hand and official seal. Signature fir✓ (Seal) Efixt, AMY SUNDELL NOTARY PUBLIC MINNESOTA Y Commission Expires January 31, 2020 REMINDER TO ATTACH CITY FARM SIGNED CONSENT Page 8 San Luis Ranch -- Permanent Access F LSCMel1t (01-25-2019) EXHIBIT "A" SAN LUIS RANCH PROPERTY APN: 067-121-022 N �o L b �yti R O V) V)� i ; m � Z N a 8 Am v'0 O > (,);o rm No g� c C :all W, �g C�J A EXHIBIT "B" CITY FARM PROPERTY APN: 053-152-006 053-152-007 053-152-008 053-152-009 u 8.m 5 N `ova 167-242 Vl rn I -V 0 � En 2 O-SCP °6 r qp m�� n we4 M's mn f�G a 0 48 - {!1 a m 49 'N ~ L t403 4tP iiN F I 1707 k 1 w y�cy� rn _ Ul ® O N N2?°46' 4 r CALLE JOAQUIN U.S. HWY. 101 y,DLANDSv'QL V �y LPN Ro@FR N o,� NO. 7690 * EXP. 12-31-18 BEGINNING �rF ox cAt►F°�� EXHIBIT C PARCEL MAP SLO 04-0615 o 100 200 CITY FARM ACCESS EASEMENT Cannon Jr, ;S'•] CITY OF SAN LUIS OBISPO, CALIFORNIA 161 5oulF.wV}p CIR I INCH = 100 FEET i S�0, CA 93401 DRAWN BY HECKED BY SCALE (305) 5ia-140'7 DRA I JRP CSJR 1I.. = 100' DATE 10/24/18 EXHIBIT "D" ACCESS EASEMENT CITY FARM PROPERTY ALL OF THAT REAL PROPERTY SITUATE IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF LOT 5 AS SAID LOT IS SHOWN ON PARCEL MAP SLO 04-0615 RECORDED NOVEMBER 8, 2006 IN BOOK 67 OF PARCEL MAPS AT PAGES 68 THROUGH 70, INCLUSIVE, IN THE OFFICE OF THE CLERK -RECORDER OF SAID COUNTY OF SAN LUIS OBISPO, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5 AT A POINT ON THE WESTERLY RIGHT OF WAY OF U.S. HIGHWAY 101, SAID CORNER BEING THE SOUTHEASTERLY CORNER OF THAT PROPERTY SHOWN ON THE RECORD OF SURVEY RECORDED JUNE 3, 1998 IN BOOK 76 OF LICENSED SURVEYS AT PAGE 89 IN SAID RECORDER'S OFFICE, THENCE ALONG THE EASTERLY LINE OF SAID LOT 5, BEING THE WESTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 101 SOUTH 270 46' 24" WEST 387.30 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF CALLE JOAQUIN, AS SAID PUBLIC ROAD IS SHOWN ON THE HEREINABOVE DESCRIBED PARCEL MAP; THENCE ALONG THE LINE COMMON TO SAID LOT 5 AND SAID CALLE JOAQUIN RIGHT OF WAY NORTH 620 13' 36" WEST 40.00 FEET; THENCE LEAVING SAID COMMON LINE NORTH 340 28' 59" EAST 85.59 FEET TO A POINT ON A LINE 30.00 FEET WESTERLY OF, AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5; THENCE ALONG A LINE 30.00 FEET WESTERLY OF, AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5 NORTH 270 46' 24" EAST 306.42 FEET TO A POINT ON THE LINE COMMON TO SAID LOT 5 AND THAT PROPERTY SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID COMMON LINE SOUTH 540 24' 53" EAST 30.28 FEET TO THE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION, CONTAINING 12,106 SQUARE FEET, MORE OR LESS. END OF DESCRIPTION. y�p\,ANDSURL ROeJ_ -A NO. 7690 * EXP. 12-31-18 aEaCA 11-2-18 END OF DOCUMENT