HomeMy WebLinkAboutD-1623 Foothill Bridge at Stenner Creek - 052-181-018 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 RODE►"" ►LD
MEL
San Luis Obispo tty— Clerk/Recorder
10/1412004
Recorded at the request of
9:00 AM
Public
Doc # : 2004091 022
Titles: 1
Pages: 6
Fees
0.00
III IIIIIIIII VIII III I II IIII II IIIIII
Others
0.00
PAID
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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 PERMANENT EASEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND STAN MARK, LLC
STAN MARK, a Limited Liability Company, ( "Owner ") hereby grants to the City of San Luis
Obispo, its agents, employees and contractors, a permanent easement ( "PE ") for road and bridge
construction and maintenance, and for slope access and maintenance 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 Stenher Creek, located on adjacent
and nearby property, and accomplishing all necessary incidents and appurtenances thereto
( "Project ").
Under this PE, 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 permanent easement shall commence on June 15, 2004.
Owner acknowledges that it has received compensation from City for the permanent
easement.
Settlement and Purchase Agreement — Exhibit A
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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 permanent easement.
IN WITNESS WHEREOF the parties hereto have executed this Easement as of the date
set forth next to their respective signatures as follows:
Date,. off► , 2004
STAN MARK,
a Limited Liability Company
By:
GeneraTartner
Linda Schmid
State of — e— )
R n ) ss.
County o o )
On 2004, before me, personally appeared, L1N d'a sokmx- c .
pefssRaNy-k+��rle me .1 proved to me on the basis of satisfactory evidence to be the person(s)
whose name() is /ar"ubscribed to the within instrument and acknowledged to me that
?tslshe /tlteRxecuted the same in his /her /thL- authorized capacity(", and that by Risher /fPt *
signature(} on the instrument the personN, or the entity upon behalf of which the persort(s) acted,
executed the instrument.
WITNESS my hand and official seal.
PAMELA K. KM ��
Commkdon # 14221 JE
Notary PubYc CdlfaNa Signature of Notary Public
san foie OMW Coady
No
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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 comer 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 said map,
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 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 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 True Point of Beginning;
Thence south 14'1 V05" 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;
Thence westerly along said southerly line to the True Point of Beginning.
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 0.0264 hectares (2,841 sq. ft.) more or less.
The above described piece of land is graphically shown on Exhibit "B" attached, hereto and made a
part hereof.
G�..c�C��hO p VWD S
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George Y. M chenko LS 6964 Date
License Expiration Date: 9/30/2005
LS. 6964
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EXHIBIT "B"
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Section Corner "LS 7318"
Sections 22,23,26 and 27, per 81/LS/31
T30S,R12E,MDM, _
Fd 3.5" Bross Disk stamped "Black
jPoint rvey" per 81/LS/31 L12
of — / 1Pencement _ — _ �
toot "` d �� � / ��
A,_ o \
L10 /
\ — 00.
True Point ' /-a
\ of Beginning
448
\ 12g2'01R/
containing /
0.0264 hectares
Lot 30 (2,641 sq. ft.) Lj
2/MB/36 more or less /
N r
Lot 31
12/MB/36
IDoc. No.
w 1998 -01852
L4 -
Doc. No.
2001 - 083565
( IN METERS )
10 0 5 to
1 : 500
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
N05'35'08'E
LINE JABLE
LINE
LENGTH rn
BEARING
L1
36.818
S62'08'22'E
L2
18.482
SWIVOS'E
L3
4.687
S05'13'51'W
L4
18.293
S84'46'09'E
L5
14.369
N05'35'08'E
L6
11.515
N62'12'29'E
L7
7.485
N16'25'05'E
L8
7.155
N44'2 5'55'E
L9
2.584
N14.11'05'W
L10
73.280
N84'31'1_
1_11
47.352
N591446'E
L12
114.936
N81'23'03'E
Sheet 1 of 1 J
477 -0001 ftuillperm 1:500 8 -18-
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L. Wallace & Associates i YYA
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Permanent Easement described in the within instrument and consents to the
recordation thereof.
CITY OF SAN LUIS OBISPO
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:
CITY OF SAN LUIS OBISPO
By da Z IJA 4 - 7
titic
`.';:STAT�-%OFCALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO 1
On this,;?;?, day of 6-o - hwb,.ar , 2004, before me, Audrey Hooper, City Clerk, personally
appeared Mayor David mero 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.
(L C
Audrey Hoop r
City Clerk
t'
Settlement and Purchase Agreement — Exhibit A
END OF DOCUMENT
SETTLEMENT AND PURCHASE AGREEMENT
This Settlement and Purchase Agreement ( "Agreement') is entered into as of this a/
day of 2004, between STAN MARK, LLC., a Limited Liability Company, ( "Owner ");
and the CITY OF SAN LUIS OBISPO, a Municipal Corporation ( "City" or "Its ").
RECITALS
A. Owner is the owner of that certain real property located within the City of San Luis
Obispo, San Luis Obispo County, California, also known as Assessor's Parcel Number 052 -181-
018 ( "Real Property ").
B. City desires to purchase a permanent easement and temporary construction
easements in, over, across and upon Real Property, hereinafter referred to as the "Easements ".
B. City has the power of eminent domain pursuant to the laws of the State
of California. City has initiated an eminent domain lawsuit against Owner, identified as San Luis
Obispo County Superior Court No. CV 040181. City and Owner have reached an agreement by
which City shall acquire the Easements pursuant to the terms and conditions contained herein.
C. City desires to purchase the Easements from Owner, and Owner desires
to grant the Easements to City on the terms and conditions contained in this Agreement.
NOW, THEREFORE, for valuable consideration, and subject to all terms and conditions
hereof, City and Owner agree as follows:
PURCHASE AND SALE.
Pursuant to the terms and conditions contained in this Agreement, Owner hereby
agrees to grant the Easements to City and City hereby agrees to accept the Easements from
Owner.
2. PURCHASE PRICE.
A. The purchase price (`Purchase Price ") for the easements shall be ONE
HUNDRED NINETEEN THOUSAND NINE HUNDRED DOLLARS ($119,900) plus interest,
payable by City to Owners in cash within the period of time set forth in Section 2 (C) below.
B. Owner shall have executed in recordable form the Grants of Easement
( "Deeds ") attached hereto as Exhibit A and deliver said Deeds to City within ten (10) days of the
date of this Agreement is executed. City shall execute a Certificate of Acceptance of said Deeds
and deposit them with the County Recorder for recordation within ten (10) days of the date City
receives the executed Deeds from Owner.
Settlement and Purchase Agreement
Page 1
C. Within ten (10) days of the date City receives the executed Deeds from
Owner, City shall cause to be filed with the San Luis Obispo Superior Court a Petition for Refund of
the deposit on file with San Luis Obispo County in this action. Said petition shall request an order
from the Court that the $112,400 previously deposited by City for the benefit of defendants in the
eminent domain action be withdrawn from the deposit and made payable directly to City, in care of
its counsel at the address indicated in Section 8 herein. Buyer shall pay the purchase price of
$119,900 plus interest to Owner not later than thirty (30) days following Buyer's receipt of the
executed Deeds.
3. REPRESENTATIONS AND WARRANTIES.
A. City hereby represents and warrants to Owner that (i) it has the legal
power, right and authority to enter into this Agreement and the instruments referenced herein, and
to consummate the transactions contemplated hereby; (ii) all requisite action has been taken by
City in connection with the entering into of this Agreement and the instruments referenced herein,
and the consummation of the transactions contemplated hereby; and (iii) no consent of any other
party is required.
B. Owner hereby represents and warrants to City that (i) it has the legal
power, right and authority to enter into the Agreement and the instruments referenced herein, and
to consummate the transactions contemplated hereby; (ii) all requisite action (corporate, trust,
partnership or otherwise) has taken by Owner in connection with the entering into this Agreement
and the instruments referenced herein, and the consummation of the transactions contemplated
hereby; and (iii) no consent of any other party is required.
C. The project for which City requires said permanent and temporary
construction easements is the Foothill Bridge Replacement Project. City's contractor shall carry
general comprehensive insurance having not less than One Million ($1,000,000.00) Dollar
coverage, and said contractor shall be bonded for performance.
D. In the even that said Real Property is damaged during the construction of
said Project, Owner shall notify City within seven (7) days of said damage and City shall cause its
contractor to repair said damage as soon as is reasonably possible.
E. The City will provide parking permits to existing tenants (Summer 2003 to
Summer 2004) and future tenants (Summer 2004 to Summer 2005) that wish to park on Foothill
Settlement and Purchase Agreement
Page 2
Boulevard. Permits will be distributed to those individuals whose names appear on the lease
agreements. As lease agreements are executed, Owner will be responsible for furnishing to City a
list of names for the current and future tenants. The City will issue the permits.
F. Owner shall make every reasonable effort to rent units and maintain
records of its reasonable effort to do so.
G. City agrees to review and consider documentation submitted by Owner on
or before October 29, 2004, supporting Owner's request for additional compensation for loss of
rent income. Upon review of the submitted documentation, the City agrees to compensate Owner
for any additional and reasonable losses due to lack of access and /or parking over that which was
anticipated in the City's appraisal.
H. The City will install a lighted pathway on the westerly side of the
apartment building for pedestrian access in cooperation with Owner.
The City will review the pedestrian access across the front of the property
and onto the pedestrian bridge and provide additional lighting in the event the street lighting is
inadequate in cooperation with Owner.
J. The City agrees to compensate Owner if Owner opts to offer reduced
rents to existing tenants, effective upon loss of access by the existing tenants to the parking lot.
K. The City agrees to restore the subject property to its existing condition as
is reasonably possible upon completion of the Project.
L. Owner warrants that there are no leases on the property other than those
for rental of the apartments.
M. This agreement between Owner and City is subject to approval by the City
Council of the City of San Luis Obispo.
4. INDEMNIFICATION.
City shall save, defend, indemnify and hold harmless, Owner, its directors, officers,
employees and agents, successors and assigns (herein collectively called "Indemnified Parties ")
from and against any and all suits, actions, legal or administrative proceedings, claims, demands,
actual damages, fines, punitive damages, losses, costs, liabilities, interest, attorneys fees
(including any such fees and expenses incurred enforcing this indemnity) (herein collectively called
"Damages ") arising from the construction of said project. The covenants set forth in this Section
shall survive delivery of the Deed.
Settlement and Purchase Agreement
Page 3
5. DISMISSAL OF EMINENT DOMAIN ACTION & RELEASE OF LIS PENDENS.
City shall dismiss said eminent domain lawsuit upon recordation of the grant of easement,
and City shall record a Release of Lis Pendens.
6. RELEASE OF CLAIMS.
Owner hereby releases and forever discharges, on behalf of the Owner, and its partners,
affiliates, creditors, successors, assigns, heirs, executors and administrators, the City and the
City's Council Members, and City's employees, agents, contractors and affiliates from any and all
demands, claims or causes of action against the City of San Luis Obispo arising out of or
pertaining to the acquisition of the Easements in Owner's Real Property, including but not limited to
any claims for just compensation, litigation expenses, attorney's fees and costs including, but not
limited to, costs incurred to defend the lawsuit, statutory relocation assistance and /or benefits, loss
or damages for inverse condemnation, unreasonable precondemnation delay, or unreasonable
precondemnation activities. In giving this release, the Owner and Sublessee waive the protection
of Civil Code Section 1542, which statute provides as follows: "A general release does not extend
to claims which the creditor does not know or subject to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement with the debtor."
7. GOVERNING LAW.
This Agreement shall be construed and enforced in accordance with the applicable laws of
the State of California.
8. NOTICE.
All notices or other communications required or permitted hereunder shall be writing, and
shall be personally delivered, sent by national overnight courier service, sent by facsimile
transmission, if also sent by one of the other methods provided in this Section, or sent by
registered or certified mail, first class postage prepaid, return receipt requested, and shall be
deemed received upon the earlier of (i) the date of delivery to the address of the person to receive
such notice; (ii) the date of the facsimile; or (iii) three (3) business days after the date of posting
with the United States Postal Service at the following addresses:
To Owner:
Darnelle J Babcock Etal
c/o Linda Schmid
2857'/2 Johnson Ave
San Luis Obispo, CA 93401
Settlement and Purchase Agreement
Page 4
To Ci
Barbara Lynch
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
With Copy to:
Jonathan Lowell
City Attorney, City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Notice will be effective or deemed effective on the date of delivery, if personally delivered
or sent by facsimile or courier service, or if mailed, three (3) days after deposit with the United
States Postal Service. Any party to this Agreement may change its address for receipt of notices
by giving notice of such changes to the other party in the manner set forth in this Section. Neither
the rejection of a notice by the addressee or the inability to deliver a notice because of a change of
address for which no change of address notice was received, shall affect the date on which such
notice is deemed received.
9. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and
every provision hereof in which time is a factor.
B. Entire Agreement. This Agreement, including the Exhibits attached
hereto, contains the entire agreement between the parties pertaining to the subject matter hereof
and fully supersedes any and all prior agreements and understandings between the parties. No
change in, modification of or amendment to this Agreement shall be valid unless set forth in writing
and signed by all of the parties subsequent to the execution of this Agreement.
C. Further Assurances. Each of the parties agrees that it will without
further consideration execute and deliver such other documents and take such other action as may
be reasonably requested by the other party to consummate more effectively the purposes or
subject matter of this Agreement.
D. Successors. Subject to the provisions of this Agreement, this
Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their
respective heirs, executors, representatives, successors and assigns.
E. Severability. In the event any provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall be effective only to the extent of such determination and shall not prohibit or
otherwise render ineffective any other provision of this Agreement.
Settlement and Purchase Agreement
Page 5
F. Exhibits. References herein to exhibits are to Exhibit A, attached
hereto, which exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signature pages may be detached from the counterparts and attached to a single copy
of this Agreement to physically form one document.
IN WITNESS WHEREOF, City and Owner has executed this Agreement as of the date first
written above.
APPROVED AS TO FORM:
CITY OF SAN LUIS OBISPO
Jon han ell
City A orney
ATTEST
ad
Audrey per
City Clerk'
CITY OF SAN LUIS OBISPO
�d
DAVID ROMERO
Mayor
STAN MARK,
a Limited Liabiity Company
eneral Partn
Linda Schmid
Settlement and Purchase Agreement
Page 6
State of California }
County of San Luis Obispo }
On July 29, 2004, before me, Pamela K. King, Notary Public, personally appeared Linda
Schmid, Stan Mark, LLC. ( ) personally known to me or (x) proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their capacity, and
that by their signatures on the instrument the persons or the entity upon behalf of which
the persons acted, executed the instrument.
Witness my hand and official seal.�V- KING
1 okiry l ft - caubmi
Nolory Public - C�famlo
- Son hits Obhpo County
Notary Public
Lei bcW=.r�wJWY,Z01
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation (x) partnership ( ) attorney -in -fact ( ) political agency
Foothill Bridge Easement