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HomeMy WebLinkAboutD-1473 Mission Plaza Warden BridgeRecording Requested by & return to CITY CLERK'S OFFICE CITY OF SAN LUIS OBISPO 990 PALM STREET P 0 BOX 8100 SAN LUIS OBISPO CA 93403 8100 Doc No: 1993 - 069667 Rec No: 00082010 Official R� _jrds ;NF 0.00 San Luis Obispo Co. ; Francis M. Cooney ; Recorder Nov 08, 1993 Time: 14:29 @@ 7] i J ;TOTAL 0.00 EASEMENT AGREEMENT NO. A- 79 -93 -CC FOR WARDEN BRIDGE APN 002 423 041 000 THIS EASEMENT AGREEMENT is made on October 26, 1993, by STREAM ASSOCIATES, INC., called "the Owner ", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, called "the City ", with reference to the following: A. The Owner is the owner of certain real property located in the City of San Luis Obispo as described in Exhibit A, attached as part of this Easement Agreement. B. The Owner's real property described in Exhibit A includes the "Warden Bridge ", as described in Exhibit B, attached as part of this Easement Agreement, (called "the Subject Easement "). C. The real property described in Exhibit A excluding the Subject Easement described in Exhibit B shall be called "the Owner's adjoining property ". THE OWNER HEREBY GRANTS TO THE CITY AN EASEMENT OVER THE DESCRIBED REAL PROPERTY WHICH CONSTITUTES THE SUBJECT EASEMENT subject to the following: 1. The Owner and the City hereby confirm that the rights conferred by the instrument entitled "Agreement ", dated March 22, 1968 and recorded May 27, 1968 as document 10153 in Volume 1477 at page 430 et. seq. of Official Records of San Luis Obispo County, (called "the Agreement of March 22, 1968 ") have continuously existed for the period from March 22, 1968 until the date of recording of this Easement Agreement. 2. The Agreement of March 22, 1968 is hereby modified to the extent that paragraphs 7 and 8 shall be rescinded effective as of the date of recording of this Easement Agreement. 3. The purposes of the easement created by this Easement Agreement are to provide ingress and egress across the Subject Easement for public pedestrian access to Monterey Street and Mission Plaza from the Owner's adjoining property and contiguous real property, and to provide limited use by vehicles operated by the City or contractors working on public improvement projects for the City to the extent necessary to provide access to the areas where such work is to be performed. 4. The City shall not deny the Owner the right to ingress and egress across the Subject Easement and across Mission Plaza from a public street to the Subject Easement for pedestrian access and for limited use by vehicles operated by Owner or Owner's tenants or contractors working for Owner or Owner's tenants to the extent necessary to provide access to the Owner's adjoining property. 5. The City shall have the right and the obligation to maintain and make reasonable repairs, alterations and improvements to the Warden Bridge and the Subject Easement. — Iq 73 A- 79- 93- -CC EASEMENT AGREEMENT FOR WARDEN BRIDGE PAGE 2 6. The City shall submit an application to the City Building Department to increase the guardrail height on the Warden Bridge and to install handrails in conformance with the Uniform Building Code. These guardrail and handrail alterations shall be made at the discretion of the City, within the financial capabilities of the City, and according to normal budget processes for capital improvement projects. 7. The City shall provide the Owner with FOUR parking spaces, rent free, in either of the City owned parking structures, located at 842 Palm Street and 871 Marsh Street in the City of San Luis Obispo. The City shall reimburse Owner for any possessory interest tax or similar tax that may be chargeable to the Owner in connection with the right to use the four parking spaces. 8. The easement rights granted by this Easement Agreement shall exist in perpetuity, provided that if the City determines that the easement rights are no longer needed for present or future public purposes; the City shall have the right to execute, record and deliver to the Owner a Quitclaim Deed relinquishing the easement rights granted by this Easement Agreement to the Owner. Upon recording and acceptance of such Quitclaim deed, the City on behalf of the public, shall be deemed to have surrendered the right to use the Subject Easement for any purpose whatsoever. However, if the Warden Bridge is in disrepair; the City may not relieve itself of the obligation to maintain or repair the Warden Bridge by merely executing a Quitclaim Deed unless the Owner agrees to accept the Quitclaim Deed and the Warden Bridge in that condition. (If the City reconveys to the Owner all of the rights conveyed to the City by the Agreement of March 22, 1968; the right to the parking spaces provided by this Easement Agreement shall terminate.) 9. The City agrees to defend, indemnify, protect and hold the Owner and its agents, officers and employees harmless against all claims or liability for damages or injuries to persons or property, including injuries to agents, officers, or employees of the City which may be incurred in connection with public use of the Subject Easement, provided that the City's duty to indemnify the Owner shall not include claims or liability caused by the negligence or willful misconduct of the Owner or its agents, officers and employees. 10. This Easement Agreement shall 'both bind and benefit the parties hereto and the successors and assigns of the parties. Executed at San Luis Obispo. California on ATTEST. v BY: r I GL'AI�WEL. D, -.017 Qk hKK • 5 CITY OF SAN LUIS OBISPO BY: (?V4 PEG NARD, MAYOR APPROVED AS TO FORA: J G City AtWM@v POSE ACKNO State of Calif orni a County of San Luis Obispo On 11 -2 -93 _ before me, Marilyn Cox, Notary Public , DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC- personally appeared Peg Pi nard NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(' whose name(s� is /are subscribed to the within instrument and ac- knowledged to me that lie /she /tbey executed the same in 4+s /her /t4eir authorized capacity(ie -s•), and that by bi.e /her /tOwir signature(a) on the instrument the person( &), - Mlll�-P.p�Ir'y or the entity upon behalf of which the person(,&) ';; acted, executed the instrument. :.Y iy Witness my hand and official seal. Pfi� Cornsritsi� � E <N�: �� r:r :�'c• � ��.�: t - ", ' .;; 02 "4 GNATURE OF N07ARY CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) ® CORPORATE OFFICER(S) Mayor TITLE(S) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of San Luis Obispo ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. THIS CERTIFICATE Title or Type of Document Easement Agreement for Warden Bridge MUST BE ATTACHED Number of Pages 2 Date of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Jay W. Stream 0 1991 MATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. Box 7184 - Canoga Park, CA 91304 -7184 NOTARIAL ACKNOWLEDGMENT STATE OF CALIFORNIA )ss COUNTY OF SAN LUIS OBISPO ) On September 24, 1993, before me, Stephen N. Dorsi, Notary Public, personally appeared JAY W. STREAM personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity(ies), and that by his signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES my hand and fi ial seal. OFFICIAL SEAL Stephen N. Dorn ! _ NOTARY PUBLIC CALIFC:.,',,. ;, SAN LUIS OBISPO COUP) 1, P N . DOR ° coa ` MY Comm Expires May 27 t 990 i DESCRIPTION That portion of block 10 of the City of San Luis Obispo as per map recorded May 1, 1878 in Book A at Page 168 of Maps, and all of Lot 4 and that portion of Lot 5 in Block 10 of the Mission Vineyard Tract, as per map filed March 8, 1873 in Book A at Page 143 of Maps, in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as a whole as follows: Beginning at a point in the Northwesterly line of Higuera Street, South 53- 07' West 189.3 feet from the center line of Chorro Street, and running thence along the Northeasterly line of Lot 4 in Block 10 of the Mission Vineyard Tract, North 36^ 53' West 23.2 feet to the most Northerly corner of said Lot on the Southwesterly line of Priest Alley; thence on said Alley Line North 36- 53' West 196.6 feet, more or less, to the center of San Luis Obispo Creek; thence down said Creek South 53° 07' West 12.7 feet; thence leaving said Creek North 36° 53' West 91.2 feet, more or less, to point in the Southeasterly line of Monterey Street, South 53- 07' West 202.0 feet from the centerline of Chorro Street; thence on said Southeasterly line of Monterey Street, South 53. 07' West 20.0 feet; thence South 36° 53' East, 92.7 feet, more or less, to center of San Luis Obispo Creek; thence down said Creek South 46- 07' West, 30.0 feet; South 49- 15' West 23.0 feet to the most Northerly corner of the property conveyed to A. McAlister by deed recorded February 28, 1899 in Book 42 at Page 332 of Deeds; thence South 36° 53' West along the Northeasterly line of the property so conveyed to A. McAlister, 212.0 feet, more or less, to the Northwesterly line of Higuera Street; thence North 53° 07' East along said Northwesterly line of Higuera Streeet, 97.96 feet to the point of beginning. Excepting therefrom that portion conveyed to the City of San Luis Obispo in deed recorded May 27, 1968 in Book 1477 at Page 436 of Official Records, described as follows: Beginning at the center line of Chorro Street, 50 feet wide, with the Northeasterly prolongation of the Southeasterly line of Monterey Street, as said Streets are shown on said map; thence South 53 ^ 07' West, 202 feet to the true point of beginning; thence South 36- 53' East, 41.48 feet; thence South 80 ° 00' West, 22.42 feet; thence North 36 53' West, 31.34 feet to the Southerly line of Monterey Street; thence North 53° 07' East along said line 20 feet to the true point of beginning. ��iii�an�llllllllll�1 °' ° °�IIIIIII �ItY of EXHIBIT A oil • san lugs osispo Department of Public Works 955 Morro Street, San Luis Obispo, CA 93401 Warden Bridge Public Pedestrian and City Access Easement That portion of said property described as follows and shown on EXHIBIT C: Beginning at the intersection of the centerline of Chorro Street, 50 feet wide, with the northeasterly prolongation of the southeasterly line of Monterey Street, as said streets are shown on said map; thence South 53 007' West, 202 feet to the TRUE POINT OF BEGINNING; thence South 36 053' East, 110.51 feet; thence South 50 059' West, 30.35 feet; thence North 8 013' West, 21.45 feet; thence North 36 053' West, 92.82 feet more or less, to a point on said southeasterly line of Monterey Street; thence North 53 007' East along said southeasterly line of Monterey Street, 20 feet to the TRUE POINT OF BEGINNING. EXCEPTING therefrom that portion conveyed to the City of San Luis Obispo by deed recorded May 27, 1968 in Book 1477 at Page 436 of Official Records in the Office of the County Recorder, City of San Luis Obispo, County of San Luis Obispo, State of California. ��81�c � san iu�is osispo Department of Public Works 955 Morro Street, San Luis Obispo, CA 93401 EXHIBIT B Warden Bridge, Public & City Access Easement (Stream Assoc to City) MB/1993 MONTEREY 5T _ 5 5g'07'W Q 5 53° 07'W zoz' Q s .36053'E 110.51' ©5 5o °55'Ae 30.35' ® N 8' � 3' W zi. 45' © N55007'E .20' S. 1. �= � 0-....,i, 101- T ?oe - - - -- POO OI Z V iIIIIIS�Q�����Iu�uQ���l Cl� O� EXHIBIT C � san iws oBispo Department of Public Works 955 Morro Street, San Luis Obispo, CA 93401 END OFDOrUN3L':T Warden Bridge, Public & City Access Easement (Stream Assoc to City) MB/1993 ��� r �1 � � �� �� a,�fl. U ,t;.� _ �`� � `�� 5��' � `_1" � e" .-,.�. �� � � �' I Y IU } �C %% .q ,� ✓J��u ��