HomeMy WebLinkAboutD-1909 Parcel 1 004-511-010 & 004-511-021� - Parcel 2, 004-511-001 & 073-351-034� - Parcel 3, 073-351-035� - Parcel 4 APN not assigned Recorded 04/01/201212
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
JULIE RODEW
San Luis Obispo Co- -Clerk/Recorder
Recorded at the request of
Public
Doc #: 2012019613
AG
4111/2012
1:21 PM
Titles: 1 Pages: 22
Fees 0.00
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.
DEED OF PRIVATE EASEMENT AGREEMENT FOR PUBLIC PURPOSES —
PEDESTRIAN/BICYCLE ACCESS
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PAID
$0.60
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.
DEED OF PRIVATE EASEMENT AGREEMENT FOR PUBLIC PURPOSES —
PEDESTRIAN/BICYCLE ACCESS
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Public Works/Development Review
919 Palm Street
San Luis Obispo, CA 93401 -3249
DEED OF PRIVATE EASEMENT AGREEMENT
FOR PUBLIC PURPOSES– PEDESTRIAN/BICYCLE ACCESS
This Easement Agreement, is made and entered into this �� day of
dip-&Mkw—_ , 2011, by and between Madonna Properties LLC, a California limited
liability company, as to Parcel 1 described in the attached preliminary title report prepared by First
American Title Company dated August 30, 2011 ( "Title Report"); and Parcel 2 and 4 of said title
report; Pearce Madonna Partnership, a California Limited Partnership, as to Parcel 3 of said title
report, hereinafter collectively called "Owners ", and the CITY OF SAN LUIS OBISPO, a municipal
corporation of the State of California,, hereinafter called "City ".
WITNESSETH
WHEREAS, Owners possess certain property (the "Subject Property ") situated within the
City of San Luis Obispo, described in Title Report as follows: Parcel 1: (Parcel A of Certificate of
Compliance 1985- 070661) (A.P.N.: 004 - 511 -010 and 004_ 511 -021); Parcel 2: (A.P.N.: 004-511 -001
and 073 -351 -034); Parcel 3 (Certificate of Compliance 2008 - 033187) (A.P.N.: 073 -351 -035); Parcel
4 (Assessor's Parcel Number Not Yet Assigned).
WHEREAS, a Class I bicycle path has been constructed on the Subject Property that will
provide a physical connection for bicyclists and pedestrians and for City emergency or maintenance
vehicle access between the public right of ways beginning/ending at Marsh Street and Madonna
Road, and
•
WHEREAS, an offer of dedication of a pedestrian/bicycle easement was required pursuant to
the City of San Luis Obispo City Council Resolution No. 8965 (1999 Series), the Memorandum of
Understanding Among San Luis Obispo County Air Pollution Control District, City of San Luis
Obispo and Madonna Enterprises (February 2008), and in fulfillment of the Air Quality Mitigation
Measure AQ /mm -I I as stated in the Final Environmental Impact Report for the Irish Hills Plaza
project which identified and authorized the bicycle path extension; and
WHEREAS, Owners have offered to dedicate this pedestrian/bicycle easement and restrict
Owners' use of and activities on the Subject Property through the imposition of a perpetual
pedestrian/bicycle easement with the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals, in compliance with the
Resolution, Memorandum of Understanding and Mitigation Measure, and in further consideration of
the mutual promises, covenants and the conditions herein contained and the substantial public
benefits to be derived there from, the parties agree as follows:
1. Owners hereby grant to City a bicycle /pedestrian easement ( "Easement ") as described on
Exhibits A and B.(Pearce) as to Parcel 3 of said title report and Exhibits A -1 and B -1
through B -6 (Madonna Inn) as to Parcels 1, 2, and 4 of said title report over the Subject
Property. Said grant of Easement conveys to City an estate and interest in the Subject
Property. The purpose of the Easement is to provide a physical extension of City's
bicycle and pedestrian path (hereinafter the `Bicycle Path Extension "), to allow the City
to operate and maintain the bicycle path extension, and for City emergency or
maintenance vehicle access (collectively referred to as "Easement Purposes ").
2
0
•
2. The restrictions hereby imposed upon the use of the Easement by Owners shall be, as
follows:
a. The Bicycle Path Extension and associated improvements such as pathway lighting,
conduit, and drainage improvements may be constructed by Owners within the
Easement. Said encroachment shall be subject to review and approval by the City's
Public Works Department.
b. No signs, billboards, or similar structures or devices or advertising of any kind or
nature may be located on or in the Easement unless approved by the City.
c. Owners shall not plant or permit to be planted any vegetation within the Easement,
except for erosion control, fire protection, or soil stabilization as allowed or approved
by City's Natural Resources Manager or his/her designee.
d. Owners shall not act or omit to act in any manner that interferes with the Easement
Purposes without first obtaining the City's written permission.
3. This Easement shall remain in effect in perpetuity. However, if City, at any time,
abandons use of the Easement for a period of twelve consecutive months the Easement
shall be deemed forfeited and this Easement Agreement terminated in full. However,
before the Easement is deemed forfeited and this Easement Agreement terminated,
Owners shall provide notice to the City and allow the City 30 days to reclaim its rights
under the Easement and this Easement. Agreement.
4. Land uses permitted or reserved to Owners by this grant shall be subject to the ordinances
of City regulating the use of land.
5., City agrees to maintain the requisite liability insurance needed to reasonably protect
Owners from all liability arising from use, operation and maintenance of the Easement
3
•
for Easement Purposes by the City, and its agents, employees, volunteers or invitees,
name Owners as additional insured, and hold harmless Owners in perpetuity from actions
by the City, its agents, employees, volunteers or invitees arising from the use, operation
or maintenance of the Easement for Easement Purposes and not caused by the sole or
active negligence of Owners. Upon request, City shall provide Owners with written
proof of such insurance.
6. City agrees to maintain, repair and replace only the Bicycle Path Extension and related
improvements, including drainage improvements, on Subject Property that is used solely
for Easement Purposes and is not used for any other purpose. City shall have the right of
access to maintain, repair and replace the Bicycle Path Extension and related
improvements, including drainage improvements, as needed to provide for pedestrian and
bicycle access within the Easement in perpetuity pursuant to the Maintenance,
Monitoring & Construction (City of San Luis Obispo Bicycle Transportation.Plan, May
2002, rev. February 2007). City agrees that its obligation to maintain, repair and replace
contained herein shall be to maintain, repair and replace in a manner consistent with that
needed to maintain the Bicycle Path Extension and related improvements to or better than
the condition it is in at the time this Easement is accepted and recorded.
7. City specifically agrees to maintain, repair and replace the fencing along the bicycle path
extension in a manner consistent with or better than its condition at the time this
Easement is accepted and recorded with the exception that, to the extent said fencing
incurs damage that is not a result of Easement Purposes, Owners shall be responsible for
the maintenance, repair and replacement of that portion of the fencing incurring such
damage.
4
Except as expressly provided in Paragraph 5 or elsewhere herein, Owners and City shall,
to the fullest extent permitted by law, indemnify and hold each other harmless against
any and all costs, expenses, losses, claims, suits, damages, and liabilities (including
reasonable attorney's fees) for acts or omissions arising out of or in connection with this
Easement Agreement.
9. The terms and conditions contained herein shall be binding on the parties hereto and their
heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year
first written above.
OWNERS / GRANTORS
By -
Phyl s Madonna
Madonna Properties, LLC
r
By: By: e e
Clint Pearce Connie Pearce
Pearce Madonna Partnership Pearce Madonna Partnership
ALL SIGNATURES MUST BE NOTORIZED
CITY OF SAN LUIS OBISPO
5
By: C�
Jan V, Mayor
ATTEST:
CITY CLERK U Elaina Cano
APPROVED AS TO FO
CI ATTORNEY Christine Dietrick
n
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ALL-PURPOSE CALIFORNIA • _ —
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State of California
County of &16
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On r� before me, z M //
Date Her Insert Na an �th- personally appeared C�
Na a igner(s)
B. K. MCGONAGtLL
Commission * 1858362
Notary Public - California
San Luis Obispo Co"
Comm. 6 ims Jul 27, 2013
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) ip /are subscribed to the
with in..._instrument and acknowledged to me that
beLsbelthey executed the same in bis�their authorized
capacity(ies), and that by hi&%ff/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 paragraph is
true and correct.
WITNESS my hand ang official A
Signature exok 7./�jj
Place Notary Seal Above Signatur f Notary Publi
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
-,,2,;l
Document Date: �' �'�L/�� Number of Pages:
Signer(s) Other Than Named Above: LM �,/�.� ��f(X�l�LLelQ,
Capacity(ies) Claimed by Signer(s)
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0ev,AP ev'1CP_ -
Signer's Name:
Signer's Name:
❑ Individual
❑ Individual
❑ Corporate Officer — Title(s):
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Partner — ❑ Limited ❑ General
El Attorney in Fact
•
El Attorney in Fact
• PAZ im,
❑ Trustee
Top of thumb here
❑ Trustee
Top of thumb here
❑ Guardian or Conservator
❑ Guardian or Conservator
❑ Other:
❑ Other:
Signer Is Representing:
Signer Is Representing:
0 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll -Free 1 -800-876 -6827
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
On ADriI 10.2012; before me Shervll Schroeder; Interim City Clerk; personally appeared
Jan Marx, Mayor, CITY OF SAN LUIS OBISPO, 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 paragraph is true and correct.
WITNESS my hand and official sea] this 11 'h day of April, 2012.
Signature Ok�bg
heryll Schroeder, Interim City Clerk
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STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
On Anril 10, 2012, before me Sheryll Schroeder. Interim City Clerk, personally appeared
Christine Dietrick, City Attorney, CITY OF SAN LUIS OBISPO, 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 paragraph is true and correct.
Witness my hand and official seal this 11 th day of April, 2012.
Signature?ty Clerk
Per Civil Code 1181
.. _ (Seal)
EXHIBIT A
(PEARCE)
A portion of Parcel 2 of COAL 07 -0007 in the City and County of San Luis Obispo, 'State
of California as described in document recorded as Instrument No. 2008- 033187 in the
office of the County Recorder of said County, being more particularly described as
follows:
Beginning at an angle point in the state highway right -of -way of Highway 101 at station
29 +00, 350.00 feet. left as shown on State Highway Right -of -Way map 05 -SLO- 101 -28.0;
Thence, along said state highway right -of -way South 38 010'30" West 217.31 feet to an
angle point in said state highway right -of -way at station 27 +00, 435.00 feet left as shown
on said State Highway Right -of -Way map;
Thence, continuing along said state highway right -of -way South 07 °08'40" East 65.55
feet to a point, said point being True Point of Beginning of an easement for public
pedestrian and bike path purposes 22.00 feet wide lying 11.00 feet on each side of the
following described centerline. The sidelines of said easement are to be extended ror
shortened to terminate at the said state highway right -of -way line. Said True Point of
Beginning also being the beginning of a non - tangent curve concave to the east and
having a radius of 209.67 feet and to which point a radial bears North 77 047'58" West;
Thence, leaving said state highway right -of -way and southerly along said curve through
a central angle of 19 014'37" 70.42 feet to the end of said curve, and to which point a
radial bears South 82 °57'25" West;
Thence, South 07 010'40" East 361.64 feet to the beginning of a tangent curve concave
to the west and having a radius of 808.00 feet;
Thence, southerly along said curve through a central angle of 6 °56'40" 97.93 feet to a
point on the south line of said Parcel 2, and to which point a radial bears
North 89 046'00" East. Said point also being the Point of Terminus of said easement
centerline, the sidelines of which are to be extended or shortened to terminate at said
south line of said Parcel 2.
End of Description.
The description above is shown graphically on the attached Exhibit B, and made a part
hereof.
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EXHIBIT A -1
(MADONNA INN)
A portion of Blocks 147, 148, and 149 of J. Harford's Addition to the City of San Luis
Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California as
shown on map recorded in Book A of Maps, at Page 123 in the office of the County
Recorder of said County, and a portion of Lot DD of the re- subdivision of Lots 58 and 61-
65 of J.T. Stratton's Subdivision of the Ranchos Canada De Los Osos and La Laguna in
the City of San Luis Obispo, County of San Luis Obispo, State of California as shown on
map recorded in Book A of Maps, at Page 161 in the office of said County Recorder,
being more particularly described as follows:
Beginning at an angle point in the state highway right -of -way of Highway 101 at station
29 +00, 350.00 feet left as shown on State Highway Right -of -Way map 05 -SLO- 101 -28.0;
Thence, along said state highway right -of -way South 38 010'30" West 217.31 feet to an
angle point in said state highway right -of -way at station 27 +00, 435.00 feet left as shown
on said State Highway Right -of -Way map;
Thence, continuing along said state highway right -of -way South 07 °08'40" East 65.55
feet to a point, said point also being the beginning of a non - tangent curve concave to the
east and having a radius of 209.67 feet and to which point a radial bears North 77 047'58"
West;
Thence, leaving said state highway right -of -way and southerly along said curve through
a central angle of 19 °14'37" 70.42 feet to the end of said curve, and to which point a
radial bears South 82 057'25" West;
Thence, South 07 °10'40" East 361.64 feet to the beginning of a tangent curve concave
to the west and having a radius of 808.00 feet;
Thence, southerly along said curve through a central angle of 6 °56'40" 97.93 feet to a
point on the south line of Parcel 2 as described in document recorded as instrument No.
2008 - 033187 in the office of the County Recorder of said County, and to which point a
radial bears North 89 046'00" East. Said point also being the True Point of Beginning
of an easement for Public Pedestrian and Bike Path purposes 22.00 feet wide lying
11.00 feet on each side of the. following described centerline, the sidelines of said
easement are to be extended or shortened to terminate on the said south line of said
Parcel 2;
Thence, continuing southerly along said curve through a central angle of 1'07'28" 15.86
feet to the end of said tangent curve;
Thence, South 00 °53'28" West 346.52 feet to the beginning of a tangent curve concave
to the west with a radius of 1003.00 feet;
Thence, southerly along said curve through a central angle of 13 °29'17 236.12 feet to
the end of said curve;
0 0
Thence, South 14 022'45" West 165.45 feet to the beginning of a tangent curve concave
to the east and having a radius of 5007.00 feet;
Thence, southerly along said curve through a central angle of 4 °45'42" 416.12 feet to the
end of said curve, and to which point a radial bears North 80 022'57" West;
Thence, South 10 010'21" West 410.75 feet to the beginning of a non - tangent curve
concave to the east having a radius of 33.25, and to which point a radial bears North
79 049'39" West;
Thence, southerly along said curve through a central angle of 7 °27'17" 4.33 feet to a
point at the end of said curve and to which point a radial bears North 87 016'56" West;
Thence South 04 °13'11" West 82.78 feet to a point;
Thence, South 03 007'45" West 35.56 feet to the beginning of a non- tangent curve
concave to the west having a radius of 8935.50 feet and to which point a radial bears
South 87 007'36" East;
Thence, southerly along said curve through a central angle of 0 033'18" 86.57 feet to the
end of said curve, and to which point a radial bears South 86034'17" East;
Thence, South 06 °36'13" West 20.81 feet to the beginning of a non - tangent curve
concave to the west and having a radius 230.00 feet and to which point a radial bears
South 84 058'23" East;
Thence southerly along said curve through a central angle of 12 034'58" 50.51 feet to the
end of said curve, and to which point a radial bears South 72 023'25" East;
Thence, South 18 030'52" West 11.77 feet to a point at the beginning of a non - tangent
curve concave to the east having a radius of 73.00 feet and to which point a radial bears
North 72 016'14" West;
Thence southerly along said curve through a central angle of 16 017'01" 20.75 feet to the
end of said curve, and to which point a radial bears North 88 033'16" West;
Thence, South 01 °06'58" East 59.56 feet to a point;
Thence, South 00 °53'28" East. 23.65 feet to the beginning of a non - tangent curve
concave to the west and having a radius of 255.00 feet and to which point a radial bears
South 86 °15'48" East;
Thence, southerly along said curve through a central angle of 8 °44'41" 38.92 feet to the
end of said curve, and to which point a radial bears South 77 031'06" East:
Thence South 17 052'45" West 20.74 feet to a point;
Thence South 09 044'00" West 23.67 feet to a point;
Thence South 05 °18'22" West 37.16 feet to a point;
2
0 0
Thence South 08 052'16" West 50.95 feet to the beginning of a tangent curve concave to
the west having a radius of 90.00 feet;
Thence southerly along said curve through a central angle of 57 °10'20" 89.81 feet to the
end of said curve;
Thence, South 66 002'35" West 58.27 feet to the beginning of a tangent curve concave to
the south having a radius of 64.00 feet;
Thence, southwesterly along said curve through a central angle of 38 °47'19" 43.33 feet
to a point at the end of said curve;
Thence, South 27 015'17" West 32.49 feet to a point;
Thence, South 34 053'46" West 35.81 feet to a point;
Thence, South 44 018'28" West 23.87 feet to the beginning of a non - tangent curve
concave to the northwest having a radius of 1042.00 feet and to which point a radial
bears South 43 041'51" East;
Thence, southwesterly along said curve through a central angle of 3 °54'30" 71.08 feet to
the beginning of a reverse curve concave to the southeast having a radius of 153.00
feet;
Thence, southwest along said reverse curve through a central angle of 17 041'11" 47.23
feet to the end of said reverse curve;
Thence, South 32 031'28" West 51.74 feet to the beginning of a non - tangent curve
concave to the northwest having a radius of 961.00 feet, and to which point a radial
bears South 49 015'38" East;
Thence, southwest along said curve through a central angle of 6 008'11" 102.92 feet to
the end of said curve, and to which point a radial bears South 43 °07'23" East;
Thence, South 47 °38'39" West 35.32 feet to the beginning of a tangent curve concave to
the north having a radius of 166.00 feet;
Thence, west along said curve through a central angle of 26 °07'18" 75.68 feet to the end
of said curve, and to which point a radial bears South 16 °14'04" East;
Thence, South 72 °16'21" West 16.78 feet to the beginning of a non - tangent curve
concave to the north having a radius of 295.00 feet and to which point a radial bears
South 16 026'21" East;
Thence, west along said curve through a central angle of 7 034'20" 38.99 feet to the end
of said curve, and to which point a radial bears South 08 °52'01" East;
Thence, South 79 058'47" West 31.18 feet to the Point of Terminus of said easement
centerline, the sidelines of said easement to terminate at right angles to said Point of
Terminus. The description above is shown graphically on the attached
Exhibits B -1 through B -6, and made a part hereof.
0 0
Together with a portion of a portion of Lot DD of the re- subdivision of Lots 58 and 61 -65
of J.T. Stratton's Subdivision of the Ranchos Canada De Los Osos and La Laguna in the
City of San Luis Obispo, County of San Luis Obispo, State of California as shown on
map recorded in Book A of Maps, at Page 161 in the office of said County Recorder,
being more particularly described as follows:
Beginning at the said mentioned Point of Terminus;
Thence, North 10 °01'13" West 7.01 feet to a point, said point being the True Point of
Beginning of a variable width easement for Public Pedestrian and Bike Path purposes;
Thence, South 79 °16'22" West 25.37 feet to the beginning of a non - tangent curve
concave to the east having a radius of 184.00 feet and to which point a radial bears
North 84 040'02" West;
Thence, south along said curve through a central angle of 6 019'13" 20.30 feet to the end
of said curve and to which point a radial bears South 89 °00'45" West;
Thence, South 01 °34'41" East 77.21 feet to the beginning of a non- tangent curve
concave to the east having a radius of 80.00 feet and to which point a radial bears
South 88 °46'02" West;
Thence, south along said curve through a central angle of 23 °11'06" 32.37 feet to a point
on the state highway right -of -way line as shown on State Highway Right -of -Way Map
05-SLO-1 01 -27.4 and to which point a radial bears South 65 034'56" West;
Thence, along said state highway right -of -way line South 67 052'04" East 12A6 feet to
the beginning of a non - tangent curve concave to the east having a radius of 72.00 feet
and to which point a radial bears South 58 021'48" West;
Thence, leaving said state right -of -way line, north along said curve through a central
angle of 30 °24'14" 38.21 feet to the end of said curve and to which point a radial bears
South 88 °46'02" West;
Thence, North 01 °34'41" West 70.53 feet to the beginning of a non - tangent curve
concave to the southeast having a radius of 20.00 feet and to which point a radial bears
North 85 °54'09" West;
Thence, north along said curve through a central angle of 56031'04" 19.73 feet to the
end of said curve and to which point a radial bears North 29 °23'06 West;
Thence North 79 °41'04" East 9.96 feet to a point;
Thence, North 10 °01'13" West 13.93 feet to the True Point of Beg
End of Description.
The description above is shown graphically on the attached
Exhibits B -5, and B -6, and made a part hereof.
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