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Home My WebLink AboutD-1622 052-181-018 Foothill Bridge at Stenner Creek Recorded 10/14/2004Recording Requested by: CITY OF SAN LUIS OBISPO When Recorded Mail To: Barbara Lynch City of San Luis Obispo Department of Public Works 955 Morro Street San Luis Obispo, CA 93401 APN: 052 - 181 -018 JULIE RODEW San Luis Obispo L Recorded at the request of Public D MEL .Iy— Clerk/Recorder 10/14/2004 9:00 AM oo..Y 2004091 023 1 IN IIIIII III 111 THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF THE CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION AND IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103 GRANT OF TEMPORARY CONSTRUCTION EASEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND STAN MARK, LLC Titles: 1 Pages: 6 Fees 0.00 Taxes 0.00 Others 0.00 PAID S0.00 STAN MARK, a Limited Liability Company, ( "Owner ") hereby grants to the City of San Luis Obispo, its agents, employees and contractors, a temporary construction easement ( "TCE ") for creek maintenance, plant mitigation and establishment, on, over and across certain real property owned by the OWNER, located at APN 052 - 181 -018, San Luis Obispo, CA and as more particularly described on Exhibit "A" attached hereto ( "Easement Area "), for the purpose of installing, constructing and/or improving the Foothill Bridge at Stenner Creek, located on adjacent and nearby property, and accomplishing all necessary incidents and appurtenances thereto ( "Project "). Under this TCE, CITY's use of the Easement Area shall be exclusive. As a result, CITY, from time to time, may exclude persons or other uses of all or a portion of the Easement Area if, in CITY's sole discretion, the presence of said persons or other uses would be hazardous or would hinder CITY's activities related to the Project. This temporary easement shall commence on June 15, 2004, and shall expire not later than forty -eight (48) months thereafter or on the completion of construction, whichever shall first occur. Owner acknowledges that it has received compensation from City for the TICE. Settlement and Purchase Agreement — Exhibit A oi�aa At the completion of the Project, CITY agrees to restore the Easement Area to its original condition as nearly as is practicable. CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage resulting from the acts of CITY'S agent, employees or contractors on the easement Area pursuant to this TCE. IN WITNESS WHEREOF the parties hereto have executed this Easement as of the date set forth next to their respective signatures as follows: Dated: c 51 , 2004 STAN MARK a Limited Liability Company By: Genera artner Linda Schmid State of 0._ ) County of ��6� ss. On �� 2004, before me, personally appeared 410 c1�a SC-�m� d r proved to me on the basis of satisfactory evidence to be the person(*, whose name(4 is /apsubscribed to the within instrument and acknowledged to me that Wshe /that' executed the same in his/her /theixauthorized capacity(ies), and that by his/her /th&V signature(t� on the instrument the person(„ or the entity upon behalf of which the perso*) acted, executed the instrument. WITNESS my hand and official seal. rA MMM Y. K111100 I&CommWw * 1422136 . MY Notary Pubic • CGEMM San tub ObWo CW* Carom. � JI 2.21�0'f c Signature of Notary Public Settlement and Purchase Agreement — Exhibit A Exhibit "A" Legal Description A portion of Lot 30 of California Park Subdivision, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map filed December 2,1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County more particularly described as follows: Commencing at the corner common to Sections 22, 23, 26 and 27 Township 30 South, Range 12 East Mount Diablo Base and Meridian, on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters [north 79 °21' 11" east 114.941 meters calculated from data per said Record of Survey]; Thence south 51 °45'22" east 30.011 meters to the southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning; Thence south 43 °15'57" east 2.398 meters; Thence south 43 °15'57" east 5.892 meters; Thence south 01 °40'32" west 12.308 meters; Thence south 88 °21'43" east 5.018 meters; Thence south 02 °00'01" east 9.961 meters; Thence south 23 °49'37" west 14.557 meters; Thence south 84 °42'49" east 26.067 meters; Thence north 18 °29'43" east 13.274 meters; Thence north 01'33'38" east 6.574 meters; Thence north 07 °21'55" east 17.029 meters; Thence north 39 °08'11" east 4.448 meters; Thence north 62 °12'29" east 3.099 meters; Thence north 16 °25'05" east 7.485 meters; Thence north 44 °25'55" east 7.155 meters; Thence north 14 °11'05" west 2.584 meters to a point on said southerly line, from which said tag bears north 59 °14'46" east 47.352 meters; Thence westerly along said southerly line to the True Point of Beginning. Excepting therefrom that portion lying northerly of the following described line: Commencing at said section comer, thence south 62 °08'22" east 36.818 meters to the southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the Exception True Point of Beginning;' Thence south 14 °11'05" east 18.482 meters; Thence south 05 °13'51" west 4.687 meters; Thence south 84 °46'09" east 18.293 meters; Thence north 05 °35'08" east 14.369 meters; Thence north 62'12'29" east 11.515 meters; Thence north 16 °25'05" east 7.485 meters; Thence north 44 °25'55" east 7.155 meters; Thence north 14 °11'05" west 2.584 meters to a point on said southerly line, from which said tag bears north 59 °14'46" east 47.352 meters. Also Excepting therefrom the land described in the grant deed to the City of San Luis Obispo, recorded in Volume 1292 of Official Records at Page 448 in the Office of the County Recorder of said County. Containing 0.0335 hectares (3,606 sq. ft.) more or less. The above - described piece of land is graphically shown on Exhibit `B" attached hereto and made a part hereof. .-End of Description. MD && George'/. Marchenko LS 6964 Date J wQ 0 License Expiration Date: 9/30/2005 LS. 8984 (P, Stanmark- 12.doc apn 052 -181 -018 Section Corner Sections 22,23,26 and 27, T30S,R12E,MDM, Fd 3.5" Brass Disk stamped "Black CO Survey" per 81/LS/31 Point of Commencement True Point 55„ of Beginnin �-j5 , S84 'of 40 "E Exception True Point �\ Beg innin 12g2'0� C� Lot 30 2/MB/36 ( IN METERS ) 0 5 10 1 : 500 r L13 r_ h Iqj o ^, Uy y o o oOro�o I oo�0 16 L4x EXHIBIT "B" 1-12 FootW 8% rn/ 66.08 O L10 X V) J n J J Vro Fd supertag "LS 7318" per 81/LS/31-,,, n No 0� 1 b os 1 Oo X00, /a X038 Ilt Doc. No. 1998 - 018520 Lot 31 rn 2/MB/36 M Do Doc. No. J 2001 - 083565 N EXCEPTI ❑N LINE TABLE LINE LENGTH BEARING Ux 36.818 S62'QB'22'E L2x 18.482 S14 W S'E L3x 4.687 S05'13'51'W L4x 18.293 S84'46'09'E L5x 1 14.369 N05'35'08'E L6X 11.515 N62'12'29'E LINE TABLE LINE LENGTH BEARING L1 30.011 S51'45'22'E L2 2.398 S43'15'57'E L3 5.892 S43'15'57'E L4 12.308 S1'40'32'W L5 4.448 N39'8'11'E L6 3.099 N62'12'29'E L7 7.485 N16'25'05'E L8 7.155 N44.25'55'E L9 2.584 N14'11'05'W 110 73.280 N84'31'18'W L11 47.352 N59'14'46'E L12 114.936 N81.23'03'E L13 5.018 S88'21'43'E L14 9.961 S2'0'1'E L15 14.557 S23649'37'W L16 26.067 S84'42'49'E L17 13.274 N18'29'43'E L18 6.574 NP33'3WE L19 1 17.029 N7'21'55'E A portion of lot 30 of California Park Subdivision, in the City of San Luis Obispo, State of California, according to the map filed December 2, 1919 in Book 2, at Page 36 of Maps, in the office of the County Recorder of said County Sheet 1 of 1 John L. Wallace & Associates 477 -0001 Stanmark -12 1:500 01/28/04 apn 052 -181 -018 J.L. CERTIFICATE OF ACCEPTANCE Government Code Section 27281 THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public purposes the Temporary Construction Easement described in the within instrument and consents to the recordation thereof. CITY OF SAN LUIS OBISPO Bv �Qit f 100�.04e�� Mayor This document is for the benefit of the City of San Luis Obispo, a public body corporate and politic, of the State of California. Request for recordation without fee is made in accordance with Sections 6103 and 27383 of the Government Code of the State of California. ATTEST: l CITY OF SAN LUIS OBISPO I By ae,�� City C r c STATE OF CALIFORNIA SS COUNTY OF SAN LUIS OBISPO On this R day of S° ��`b ar 2004, before me, Audrey Hooper, City Clerk, personally appeared Mayor Davidmero known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature, the entity upon behalf of which he acted executed the instrument. WITNESS my hand and official seal. Audrey Hooped City Clerk Settlement and Purchase Agreement,- Exhibit A END OF DOCUMENT r Settlement and Purchase Agreement,- Exhibit A END OF DOCUMENT