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Home My WebLink AboutD-1958 APN:053-151-016 Recorded 08/14/2013t' Recording requested by FIRST-AMERICAN TITLE *. J. Christine Dietrick, City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 When recorded, return to: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attn: City Manager APN No. 053- 151 -016 .JULIE R01 San Luis Obispo County– Clerk/Recorder Recorded at the request of First American Title Company IN 11/13/2013 - 8:00 AM D O C #: 2013063253 Titles: 1 Pages: g Fees 0.00 Taxes 0.00- Others 0.00 PAID $0.00 Space above this line for Recorder's use only P FFX PMO a .aapr .TEMPORARY CONSTRUCTION EASEMENT DEED f: i BNB, a general partnership, hereinafter referred to as "GRANTOR," is the owner of that real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, at 12424 Los Osos Valley Road, identified as County Assessor's Parcel Number 053 - 151 =016, and described in Exhibit "A," attached hereto and incorporated by reference herein (hereinafter referred to as the "Subject Property "). . For a valuable consideration, receipt of which is hereby acknowledged, GRANTOR hereby, grants to the City of San Luis Obispo, a municipal corporation and a charter city in the County of San Luis Obispo, State of California, and its contractors, successors and assigns, referred to collectively as "GRANTEE ", a Temporary Construction Easement for the�purposes of facilitating construction of the Los Osos Valley Road — Highway 101 Interchange Project for road and bridge improvements ( "Project ") and to utilize said Temporary Construction Easement for all other related activities and purposes in, on, over, under, through, and across that certain parcel of land described and depicted in Exhibit `B," attached hereto and incorporated herein ( "Easement Area "). Such use shall include the right to temporarily place equipment, materials and vehicles, and pile barth thereon during periods of active construction, and the right to conduct grading and pavement restoration work and other related activities in conjunction with the construction of the Project. GRANTOR may jointly traverse the Easement Area for vehicular ingress and egress purposes whenever clear and safe access routes are available. GRANTOR acknowledges herein that there will be some access delays and obstructions within the Easement Area from time to time as Project construction work is underway, but in no event, shall the access delays or obstructions to the driveways within the Easement Area to Los Osos Valley Road exceed fifteen (15) days per driveway, unless otherwise mutually agreed to in writing by the GRANTOR and GRANTEE. r. �Ct 10000- 0232\ 1607139V l . doc Said Temporary Construction Easement shall commence thirty (30) days after issuance by GRANTEE of a Notice of Commencement of Construction, which shall be issued to the property owner of record by U.S. Mail, no earlier than April 1, 2016, and shall automatically terminate upon completion of construction of the Project and restoration of the Easement Area, or six months after this easement commences, whichever occurs first, but in no event, shall termination extend beyond December 31, 2016. In addition, said Temporary Construction Easement includes the GRANTEE's right to extend the six month term in additional one (1) week increments, at a rate of $405 /week, consecutive with and immediately following the original six month construction period. GRANTEE shall provide written notice of its intent to exercise such extension 15 days before the exercise of such extension. At the GRANTEE's request, the GRANTEE and GRANTOR shall meet and confer regarding any proposals by GRANTOR to minimize the duration of driveway and sidewalk work along the Subject Property's Los Osos Valley Road frontage and limit the storage of materials and equipment within the Temporary Construction Easement. However, nothing in this agreement shall be construed as requiring the GRANTEE to pursue any particular action considered. The GRANTEE agrees to make reasonable efforts to periodically advise GRANTOR of Project construction phases and schedules. GRANTEE agrees to indemnify GRANTOR from any and all claims or liability directly associated with GRANTEE's use of the Temporary Construction Easement. GRANTOR hereby warrants and represents that it is the sole owner of the Real Property upon which this Temporary Construction Easement is located, and that GRANTOR holds sufficient title in said property to fully grant to GRANTEE the Temporary Construction Easement described herein without conflict with any other interests. This Grant of Temporary Construction Easement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns to the parties hereto. GRANTEE'S rights and obligations herein are assignable and transferable by GRANTEE, in whole or in part, to GRANTEE'S contractor(s), successors and assignees. Dated: August 4 2013 GRANTOR BNB, a genf By: 7, Name/ . Title: Dated: August\, 2013 -2- 10000- 0232\ 1607139v Ldoc State of �d 11'1gr J I A' • By:� / f � �— Name Title: 4eil OP'40wv ACKNOWLEDGMENT County of :ral) On �" /q, °/3before me,�6��7�3IZ -ci , Notary Public, personally appeared 'a�%Jr'ou Z— .J9 yak who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is4we subscribed to the within instrument and acknowledged to me that he /she4hey executed the same in his4teF44.-ir 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. DEBRA A. sn>tLOw Commission # 1889072 i Notary Public - California z �- = San Luis Obispo County M Comm. Ex Tres Jun 7. 2014 Signature of Notary Public (Seal) ACKNOWLEDGMENT State of County of On before me, Notary Public, personally appeared who proved to me on the basis of isfactory evidence to be the person(s) whose name(s) is /are subscribed to the within inst ent and acknowledged to me that he /she /they executed the same in his/her /their authorized pacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the e ty upon behalf of which the person(s) acted, executed the instrument. I certify under NALTY OF PERJURY under the laws of the State of California that the foregoins? ami)h is true and correct. my hand and official seal. -3- 1 0000 -0232\ 1607139v l .doc Signature of tary Public (Seal) CERTIFICATE OF ACCEPTANCE This is to certify that the City of San Luis Obispo hereby accepts for public purposes the real property, or interest therein, described in that Temporary Construction Easement Deed from. BNB, a general partnership, GRANTOR therein, to the City, GRANTEE therein, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand tl is ; ;o day of 2013. Dated: August?, 2013 CITY OF SAN LUIS OBISPO By- i arx, Mayor ATTEST: By: Q� heryll Schroeder, City Clerk 4APPROVE TO FO ine Dietri ck, City Attorney City of San Luis Obispo -4- 10000 -0232\ 1607139v 1.doc ACKNOWLEDGMENT State of California i i County of San Luis Obispo On November 4, 2013 before me, Cathy A. Springford, Notary Public,.personally appeared Behrooz Gilani, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ore subscribed to the within instrument and acknowledged to me that to she /they executed the same in( @/her /their authorized capacity(ies), and that by 51her /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. (Seal) -5- a folvCATHY A. SPRINGFORD f ►ion a� 9uusMu N Sm Luu Oewo comm carve. FXP. go 4 Tot; "' 0 • LEGAL DESCRIPTION Real property in the City of San Luis Obispo, County of San Luis Obispo, State of Callfamia, described as follows: Lot 7 of Tract 347, Freeway Center, In the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded March 3, 1467 in Book 7, Page 23 of Maps, in the office of the County Recorder of said county. APN: 053 = 151 -016 4f EXHIBIT A V Ex13isIT APN 053- 151 -016 TCE A parcel of land lying in Lot 7 of Tract 347, Freeway Center in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per Map recorded March 3, 1967 in Book 7, Page 23 of Maps in the office of the County Recorder of said County, and being more !particularly described as follows; Beginning at the most southerly comer of said Lot 7, said point being the True Point of Beginning; -- Thence N18 °51' 1T'W 11219 feet along the southwesterly line of said Lot 7 to the beginning of a 5049.80' radius tangent curve concave westerly; Thence continuing along the westerly line of said Lot 7 along the arc of said tangent curve a distance of 91.51' through a central angle of 01002" 18" and being subtended by a chord bearing and distance of NI 9'22'26W 91.51' to the beginning of a.20.00' radius reverse curve concave easterly, Thence northeasterly along the are of said reverse curve a distance of 31.52' through a central angle of 90 °I7' 16" and being subtended by a chord bearing and distance of N259 5'03"E 2835' to a point on the northwesterly line of said Lot 7; Thence N70 °23'41 "E 18.85' along said northwesterly line; Thence departing from said northwesterly line S22107'1 rE 8830'; Thence S71 °00'54 "W34.02'; Thence S18 °59'06"E 27.99'; Thence N71 100'54 "E 35.55'; Thence S22 °07' 17"E 105.56' to a point on the southeasterly line of said Lot 7; Thence S67 °52'43 "W 50.48' along said southeasterly line to the point of beginning, containing 8,813 square feet or 03023 acres more or less. The Basis of bearings for this description is the California State Plane Coordinate System, NAD33 (92), Zone V. All distances are Grid distances. To convert to ground distances multiply by 1.00004032 - na�_i.ovn uaiq�_rs r•a�wa� r,nv_E rnnryHn.rn:a_iatiin.0 -Q'' i.oienT.&K - �n•_e,��r EXHIBIT B PAGE 1 OF 2 'k EXHIBIT TEMPORARY CONSTRUCTION a t` EASEMENT 0 3 LINE TABLE 1 ''73.41 LINE DIRECTION LENGTH 1885. L1 57100'54V 34.02' d =90'17'16" 1 L2 S18159'06 "E 27.59' L= 31.52' R= 20.00' N �' \ L3 N71 'OQ'S4 "E 35.55" C3. CD N C� !G r.C.E 3�W 0� Sq. FL 8,813' .52 � Acres 0.2023 561 48 -deo P.O.B._ 50, O 80 160 LEGEND: SCALE: 1 " = 80' Q.R. OFFICIAL RECORD P.O.B. POINT OF BEGINING R.M. RECORD MAP T.C.E. TEMPORARY CONSTRUCTION EASEMENT BASIS OF BEARINGS: CALIFORNIA STATE PLANE COORDINATE SYSTEM, NAD83(92), ZONE V. ALL DISTANCES ARE GRID DISTANCES. TO CONVERT TO GROUND DISTANCES MULTIPLY BY 1.00004032. DOK3M COUNTY OF SAN LUIS OBISPO AT R0A0.7J'TE I00 FLA, u vse 0 STATE OF CALIFORNIA i= CHECKED BY:TF PREPARED S' L EXHIBIT" B PAGE 2 OF 2 — ]ATE: 10/29/12 APN: 053- 151 -016 DE NO.1761 END OF DOCUMENT