HomeMy WebLinkAbout2016042219 Private Drainage Easement AgmtRECORDING REQUESTED BY:
FIRST A111ERICAV TITLE COMPANY
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
2016042219
Tommy uis ObGong
San Lispo - County Clerk -Recorder
08/29/2016 08:00 AM
RODrdFIeAMERICANr TITLE ITLE COMPANY
Titles: 1 Pages: 8
Fees: $42.00
Taxes: $0.00
Total: 42.00
PRIVATE DRAINAGE EASEMENT AGREEM
FOR
TRACT 2428
APN 053-022-016
This Private Drainage Easement Agreement ("A
day of XUQp5-+ , 20
LUIS OBISPO, a municipal corporation and
Margarita Ranch SLO, LLC, a California limited
WHEREAS, Grantee is the owner and di
has caused a final subdivision map fctr the
"Tract 2428-1 in Book 3(la of Ma P
Recorder of said County The Subdiviszi
Davis -Stirling Common Interest D vee r
WHEREAS, Grantor
("Lot 172"); and
n I entered into this
t e CITY OF SAN
r" or "City") and
("Grantee").
� Trace2428 (the "Subdivision") and
qffiic Subdivision to be recorded as
o IS in the office of the County
non interest development under the
Civil Code sections 4000 et seg.;
described as Lot 172 of Tract 2428-1
WHEREAS, the re i to "cal �e and subsurface drainage flows that originate on
or flow through L 7 an m onto the Subdivision and the residential lots on the
adjoining Tracts 40 and 3; and
WFIEKEAS, s pa o the Subdivision, certain private drainage improvements are
required to bee nstnlet and maintained to redirect said historical flows away from said
residential lots to de � rated drainage channel or other approved location ("Drainage
Improvcen
the Drainage Improvements will be located on Lot 172; and
>�k'irantec has entered into a subdivision agreement with City whereby
1 construct the Drainage Improvements as shown on the approved plans on
ty, or any approved modifications thereto; and
W+IE1EAS, Condition No. 66.4' of the conditions of approval for the Subdivision per
City Council Resolution No. 10514 (2014 Series) requires that the Homeowner's
DOC #2016042219 Page 2 of 8
Association ('TIOA") for the Subdivision maintain the Drainage Improvements,
including those improvements located on Lot 172; and n
WHEREAS, until such time as the Drainage Improvements are certified as i
the Council of the City of San Luis Obispo, Grantee, not the HOA, shall be
for maintaining the Drainage Improvements on Lot 172; and
WHEREAS, Lot 172 has certain natural biological resources, natural
existing openness of importance to the community
WHEREAS, both Cantor and Grantee desire to establish the tern and c n itio r
Grantee's use of Lot 172 for the Drainage Improvements a ding t e Arcs r , ion and
conservation for the public benefit the Values and other at ,ondi ' nn.,
WHEREAS, subject to the terms and conditions her f, Grantor i, illing to grant a
private drainage easement over a portion of Lot 172 1 antee for h construction and
maintenance of the Drainage Improvements.
NOW THEREFORE, in consideration of the o recitals and in further consideration
of the mutual promises, covenants and the conditr s erein contained, the parties agree
as follows:
I. Recitals. The above reei�s ar u nd reel and are incorporated herein
by this reference.
2. Grant of Easement. Gr her rants to Grantee a non-exclusive private
drainage easement o e ,and , wn in and through that portion of Lot 172
designated TE D INAGE EASEMENT BY SEPARATE
DOCUME , ' o d a 8-1 map (the "Easement"), on the terms and
conditio e ort n this Agreement and subject to all matters and
encum rncs ecor a ecting Lot 172. With the exception of approved
uses al e for h eneral public over, upon, and across Lot 172, the
Easemer ',n my b sed by Grantee, and Grantee's agents and contractors,
to ace ° on u maintain, repair and replace the Drainage Improvements
on rn m In
approved by the City and consistent with any permits
iss e by the C lifornia Department offish and Wildlife lot -Tract 2429.
3.
Res,r> r(y Rights. Grantor reserves the right of ownership, use and
oce cy of' the Easement area insofar as said ownership, use and occupancy
does hof unreasonably interfere with the rights granted to Grantee in this
Term gf'Agreement. This Agreement shall continue in full force and effect
from the date of recordation of this Agreement in perpetuity, unless this
Agreement is amended, modified or terminated by an agreement executed,
acknowledged and recorded by the Grantor and Grantee, or Grantee's
permitted assigns.
2
DOC #2016042219 Page 3 of 8
5. Use and Moinlenance of Easement and Drainage Improvements. Grantee
shall, at Grantee's sole cost and expense, maintain and repair the Easerrnt
area and the Drainage Improvements in good condition and working order
all times. Grantee agrees that no activity or activities shall be allowe withii
the Easement area which are inconsistent with the purpose and inte
Agreement and which would otherwise change, alter or impair alues
within and upon Lot 172. Without limiting the generality of the o egoi , he
following uses and activities are expressly prohibited withii h Ease nt
area, except as necessary to construct, maintain and repair r . ge
Improvements in a manner approved by the City:
a. Filling, dumping, excavating, drilling, minis > > adii r any
land disturbance;
b. Construction, reconstruction, erecting or tile placemnri� of any building,
structure or improvement of any kind;
c. Commercial, industrial, agricul al, residential rrstitutional uses;
d. Depositing or the accumulation o -oi trash, refuse, waste or any other
materials;
e. Removing, destroy or tf o - es, shrubs or other vegetation,
except as required by w to wil 1 ind fire vegetation control (weed
abatement) and with Gra to 's nt, which shall not be unreasonably
withheld;
f. Altering surfa e r gen r 1 topography of Lot 172, including, but not
limited t a e do abitat, building roads, paving or otherwise
coverer 1 concrete, asphalt or any other impervious material;
g. Plan g, i*odueidg or dispersing non-native or exotic plants.
6. Chr cte %asernent. Grantor and Grantee acknowledge and agree that the
Ea e ent is n easement in gross.
7.
h , er nal to Grantee. Grantor and Grantee acknowledge and agree that
th i is and obligations granted to Grantee pursuant to this Agreement are
persoi in nature and may be assigned by Grantee to the HOA for the
division, in a form subject to the approval of Grantor, once the City
Cmuncil of the City of San Luis Obispo certifies completion of the Drainage
Improvements. Any other or further assignment of this Agreement by Grantee
or the HOA shall require the prior written approval of Grantor, such consent
may be withheld in Grantor's sole and absolute discretion.
3
DOC #2016042219 Page 4 of 8
8. Breach and Cure Rights. In the event of any breach of any provision of this
Agreement, including, but not limited to, Grantee's failure to maintain r
repair the Drainage Improvements, City shall give written notice to Grantee
such violation and demand corrective action reasonably sufficient to cure th
violation and, where the violation involves injury to the Values result r
any use or activity inconsistent with the terms and provisi this
Agreement, to restore the portion of the Values so injured. If G tee i to
cure the violation within thirty (30) days after receipt of noti e tel m
City, or under circumstances where the violation cannot reasona e ed
within a thirty (30)-day period, fail to begin curing such ' , ti tlr' i the
thirty (30)-day period, or fail to continue diligently to cu such v' itim n it
finally cured, City may perform such work at me 's cost a c expense,
bring an action at law or in equity in a co r omp en i `sdiclion to
enforce the terms of this Agreement, to enj ' i the viola i by temporary or
permanent injunction, to recover actual dai es to whic it may be entitled
for violation of the terms of this Agreement r ' )jury to Values protected
by this Agreement as a direct result of such br c i, I require the prompt
restoration of the Values to the co 'tion that existe prior to any such injury
(if reasonably possible). Without li g Grantee's liability therefore, City,
in its sole discretion, may apply an ages recovered to the cost of
undertaking any corrective actin on e a es. If City, in its reasonable
discretion, determines that circ i sta s uire immediate action to prevent
or mitigate significant �m aag, C't n a pursue its remedies under this
paragraph without waiting the i rovided herein for cure to expire;
provided, however, that not nt to g the foregoing, City shall provide
Grantee with prior not rba r ritten) of any such breach. The remedies
permitted or availabl ursuai t e provisions of this Agreement shall be
cumulativerl ad i i n to i y rights or remedies available at law or in
equity. ,
9. Insura c . r, t shah 1t all times during the term of' this Agreement, and at
its sole st 'lid e e e, keep in full force and effect the following policies of
general ' i insu ce with limits of liability of not less than $1,000,000
pero nc, rich names the City as an additional insured: a policy
ins r g a 1st odily injury, including death, and property damage,
oc u ing on r about the Easement area. City shall, from time to time, be
per rt%/r quire that the limits of liability set forth herein be increased to
c a s as normally prevail for such insurances in the area where the
l'-,aslmicut area is located.
emnificaiion. To the fullest extent provided by law, Grantee, its successors
a assigns, agrees to indemnify, defend and hold harmless the City, its
officials, managers, directors, employees and agents from and against any and
all claims, costs, expenses and liability (including reasonable attorney's fees
and costs) arising from or related to Grantee's rights, obligations and
performance under this Agreement including, but not limited to, the
maintenance and repair or failure to maintain and repair the Drainage
4
DOC #2016042219 Page 5 of 8
11
Improvements or Easement area, Grantee's access and use of the Easement
area, the authorized or unauthorized access or use of the Easement area
Drainage Improvements by third parties.
Miscellaneous.
a. If any provision is found to be ambiguous, an interpretat
with the purposes of this Agreement that would render the visi
shall be favored over any interpretation that would render it r c
b. If a court of competent jurisdiction voids or invaliVoi
fa`-�ayiy
provision of this Agreement, such action shall not a ainder of
this Agreement. If a court of competent ' rrsdi ionvalidates
the application of any provision of r' Agreemerson or
circumstance, such action shall not affe t the applica io of the provision
to any other persons or circumstances.
c. The terms and conditions contained herein s :b coding on the parties
hereto and their heirs, success d assigns.
d. No change or modification of ris r ment shall be valid unless the
same is in writing and signe t a 'e hereto. No waiver of any of
the provisions of this Agr me t a be valid unless in writing and
signed by the partoa ain. in i is sought to be enforced. This
Agreement contains th e ire i ent between the parties relating to
the subject matter supersedes all prior understandings and
agreements betw t e r ' . There are no promises, agreements,
conditions unde a ings, a rarities or representations, oral or written,
express,dophed, ee e parties other than as herein set forth.
e. This/ALireenientshaikbe construed and enforced in accordance with the
f. All nbfi s, cmands or other communications required or permitted to be
gfmeo
u shall be in writing and any and all such items shall be
d have been duly deliveredupon personal delivery; or as of the
i 1 following business day after deposit for overnight delivery
al Express or a similar overnight courier service, or if by First
aail, three days after the mailing, postage prepaid, addressed as
5
DOC #2016042219 Page 6 of 8
n
If to City:
City of San Luis Obispo
Attn: Director of Public orks
919 Palm Street
San Luis Obispo, CA,93401
With copy to:
City of San Luis Wbispo
Attn: City Attorney
990 Pahn St
San Luis O i po, C 9 40
If to Grantee
KlirgabhaRai i LLC
340 Palladi rkway, Ste. 521
oIsom, CA 730
With copy to
Ti of r an
2150 River Plaza Dr., Ste. 450
Sacramento, CA 95833
Any address fixed pursuant t t foing may be changed by the
addressee by notice given p r uai t Section.
g. The section headings ch 1 in some of the sections of this
Agreement are for p s c enience and reference and are not in
any sense to be c���d as Eying the sections in which they appear.
The recital sct f abov a c incorporated into and made a part of this
h. The
the
any
eiedge that they have reviewed and revised this
ei unsel has done or has had the opportunity to do
5 that the normal rule of construction to the effect that
., to be resolved against the drafting party shall not be
interpretation of this Agreement or any exhibits or
may be executed in counterparts, all of which together
me and the same instrument.
6
DOC #2016042219 Page 7 of 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
day and year lust written above.
GRAN'I'OR
City of San Luis Obispo,
a municipal corporation and charter city
4�rx, Mayor
,(ant to authority conferred by
Council Resolution No. 1 0'
GRANTEE
Margarita Ran
By: I I
Dennis Moresco, Vice
' r
' CITY CLERK
a California limited li i ' company
President/ 0
ulids' fr
stine Dietrick
7
DOC #2016042219 Page 8 of 8
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On-201�
, before
ae
personally appeared, i/ Jn�n /S % /
who proved to me on the basis of satisfactory evidence to be the perso
subscribed to the within instrument and acknowledged to me that he/she/ e
his/Wtheir authorized capacity(i®a), and that by his/her/theif si natur on
person*, or the entity upon behalf of which the person(�acted x�c d th in
I certify under PENALTY OF PERJURY under the laws of
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
istafe-
me in
it the
of Cifdrnia that the foregoing
=orn sion N 2050280
otary Public - California
San Luis Obispo Ccumy
A Notary Public or other officer completing this c ifi to v rifles o ly the identity of the individual who signed the
document to which this certificate is attached �cLno h ru ess, accuracy, or validity of that document.
State of California }
County of San Luis Obispo 0
On
Date
personally appeared,
who proved to me b is'Wsatisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the i in inst ent and acknowledged to me that he/she/they executed the same in
his/her/their autho capa i (ies), and that by his/her/their signature(s) on the instrument the
person(s), or the epti u I half of which the person(s) acted, executed the instrument.
PENALTY,OF PERJURY under the laws of the State of California that the foregoing
ie and correct.
official seal.
Pla. Nofa y Sc d Aavc
5
END OF DOCUMENT