HomeMy WebLinkAboutD2222 Mid-Higuera Bypass Project - Evergreen Windsor_Temporary Construction Easement Deed and Agreement_APN 003-711-024Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, mail to:
City of San Luis Obispo
Attn: City Clerk
990 Palm Street
San Luis Obispo, CA 93401
Fil.ED\
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2024023960
Elaina Cano San Luis Obispo -County Clerk-Recorder 08/27/2024 09:38 AM
Recorded at the request of: PUBLIC
Titles: 2 Pages: 7
Fees: $0.00 Taxes: $0.00 Tota 1 : $0. 00
FEE PAID EXEMPT
Exempt from the $75 Building and Jobs Act Fee per Gov'! Code§ 27388.1(2)(0) Public Agency
No fee pursuant to Government Code§ 6103
The undersigned declares that the Documentary No Docum entary Transfer Tax per R&T Code § 11922
Transfer Tax payable heron is$ 0 No Recording Fee per Government Code§ 27383APN: 003-711-024 _ Computed on full value of property conveyed_ Computed on full value less liens and
encumbrances remaining at time of sale
Signature �<"....::r,..-
TEMPORARY CONSTRUCTION EASEMENT DEED
(To the City)
For a valuable consideration, receipt of which is hereby acknowledged,
Evergreen Windsor MHP, LLC, a California limited liability company (hereinafter called
"Grant or")
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 (hereinafter referred to as "City" or "Grantee),
A temporary easement for the purposes of making improvements to San Luis Creek, including the
right to grade and clear the creek of non-native vegetation and the right to revegetate with native
vegetation, and related purposes, in, on, over, under, through, along, and across that certain parcel
of land located in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described and depicted in Exhibits "A·· and "B .. , attached hereto and incorporated herein.
This Temporary Construction Easement shall commence upon City's acceptance of this
Temporary Construction Easement Deed, as evidenced by the City's execution of the Certificate
of Acceptance attached hereto, and shall automatically terminate upon completion of City's
construction or one (1) year after the commencement, whichever occurs first; provided, however,
City shall have the right to extend the Temporary Construction Easement term in additional three
(3)month increments if City determines that additional time beyond the one year period is
necessary for construction and vegetation restoration completion. In such case, City shall have the
unilateral right to extend the Temporary Construction Easement period and City agrees to
compensate Grantor Four Hundred Twenty Dollars ($420) for each three month extension term
exercised. Payment. for any such extension( s) shall be paid by City to Grantor concurrent with
APN: 003-711-024 City of San Luis Obispo/Mid-Higuera Bypass/Evergreen Windsor/TCE Deed 1
. '
D 2222
City's written notice to Grantor of City's intent to exercise such extension provisions. In any event,
this Temporary Construction Easement shall terminate on or before December 31,2029.
Executed this Z3day of J*L 2oL1 .
GRANTOR:
Evergreen Windsor MHP, LLC, a California limited liability company
Title tr-U ,r-
By:,//\w/ / /
APN: 003-71l-024 Cilv of San Luis Obispo/Mid-Higuera Bvpass/Evergreen Windsor/TCE Deed
2
ACKNOWLEDGMENT
A notary public or other officer completing this cerlificate verifies only the
identity of the individual who signed the document to which this certificate is
attached. and not the truthfulness. accuracv. or validitv ofthat document.
State of California
County of urQ
on ,J"\y fi,3, :-oe"l before, me..
Public. perdonally appeared lvtc.h" fas; V[,a.tdr,
v*t Notary
who proved on the basis ofsatisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
he/she/they executed the same in his/her/their
signatures(s) on the instrument the person(s), or
executed the instmment.
I certiff under PENALTY OF
paragraph is true and correct.
WITNESS my hand seal.
instrument and acknowledged to me that
capacity(ies), and that by his/her/their
entity upon behalf of which the person(s) acted,
under the laws of the State of California that the foregoing
State of California
County of 5a,r JL..lu rn
on -\*Lu Ri " zoL'l
Slgnature
1ffi. TFIINPETERSoN
i.,rniffi "trffjJf ; ::liT,'''
Wn,!{^:lj,l?k^ilq;:io"
m JUSTIN PFTERsON
Notary Publlc . Callfornia
San Joaquin County
Commission # ?358166
Comm. Eipires t ay ,l9, 1025
I
Signature
ACKNOWLEDGMENT
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.
(Seal)
before fl€,n Notary
Publi{pcrs6nallj' appcarcd lus u'ho to mc on thc basis of satisfactotl' cl'idcncc 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 capaciry(ies), and that by his/her/their
signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certifr under PENALTY OF PERruRY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand
(5eal)
APN: 003-71 1-024
official seal.
Cilv of San Luis Obispo/Mid-Higuera Bypass/Evergreen Windsor/TCE Deed
aJ
t
Exhibit A
Legal Descri ptio n Tem pora ry Construction Easem ent (APN : 00 3 -7 1 1 -0241
Being a portion of Lots 1,2, and 3 in Block 147 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, according to map of said addition on file in Book A,
page 123 of Maps, in the office of the County Recorder of said County, and being
that portion of the land described in the Grant Deed recorded January 24,2019
as lnstrument No. 2019-002691 of Official Records in the Office of the County
Recorder of said County lying westerly of the following described line:
Commencing at a found rebar with plastic cap stamped LS 5702 shown as
marking a point on the northerly line of the land described in the Grant Deed
recorded July 2, 2018 as lnstrument No. 2018-027246 of Official Records in the
Office of the County Recorder of said County on the Record of Survey filed in
Book 1 13 of Records of Surveys at page 42 inthe Office of the County Recorder
of said County from which a found rebar with plastic cap stamped LS 5702
shown as marking the intersection of said northerly line with the westerly line of
Higuera Street on said Record of Survey bears South 79'53'13" East 269.93
feet [South 81"45'00" East 270.00 feet per said record of survey];
Thence South 17'15'32" West, 95.87 feet to the northerly line of the land
described in said Grant Deed recorded as lnstrument No. 2019-002691 of Official
Records and the Point of Beginning;
Thence South 8'04'07" West, 90.28 feet;
Thence South 10'58'28" West, 76.41 feet to the southerly line of the land
described in said Grant Deed.
Containing 5,596 square feet more or less. The above described land is
graphically shown on Exhibit "B" attached hereto and made a part hereof
tL*/J*^L
Date:81912023
George Marchenko, P.L.S. 6964
264 Higuera APN 003-711-024TCE LDX.doc
No.6964 "
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2019-002691, SAN LUIS OBISPO,CA
(264-274 HTGUERA STREET) APN 003-711-024,
EVERGREEN I/Y/NDSOR MHP, LLC
DRAWING :003-711-024
DRAWN BY: GM
DATE: 8lO2l2O23
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WAI-I ACE GROUP Sheet 1 of 1
Certification
Pursuant to Government Gode 27361.7,1 cartify (or declare) under penalty of perjurythat the following is a true and correct
"opy
otitie ittegible portions of this document,which are not photographicalty reproducibie.
Select the Approprlate Box
See attachment(s) for clarification
F(. The illegible portions of the document read as follows:
(Print or type the page number(s) and wording below)
{ xpsl' 6
SnN LcEg oGfSPo zAC€K TlrtPoah"T
Executed at {A^/LutS O$fstb CA c:6,/zz/uzqon
(City and State)(Date)
ignature Declarant
5-teerctv
Pri nted Name of Declarant
This is to certiff that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes
the real property, or interests therein, described in the within Temporary Construction Easement Deed
from Evergreen Windsor MHP, LLC, a California limited liability company, and consents to the
recordation thereof.
In Witness Whereof, I have hereunto set my hand this day of t4na 207 4
U
CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
EricaA. Stewart, Mayor
ATTEST:
e*
Teresa Purrington, City
ACKNOWLEDGEMENT
A Notary Public or other fficer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached and not the trttthfulness, accuraq), or volidiSt of that document.
CERTIFICATE OF ACCEPTANCE
+--
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
On
Mayor, CITY OF S
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 certifi, under PENALTY OF PERruRY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Megan lbanks,
)
)
befbre me, Megan Wilbanks, Notary Public, personally appeared
AN LUIS OBISPO, who proved to me on the basis of satisfactory
(Official Norary Seal)
City of SlO/Mid-Higuera Bypass/Evergreen Windsor/TCE Deed
tnrn,,1, rtlt
IEGAX WIAAXISlbt ry tublL. C.lltornl.
S.n Lub Olhl. Counw
Cnnfilisian, talolll
APN: 003-71l-024
otary Public
fiN,!i ) i ji: ,i ';, .i irrflilr l',iT
Project: City of San Luis Obispo - Mid-Higuera Bypass Project
APN:003-711-024
Property Address: 264HigueraStreet, San Luis Obispo, CA93401
Owner: Evergreen Windsor MHP, LLC
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement is being entered into by and between
Evergreen Windsor MHP, LLC, a California limited liability company (hereinafter called
"Owner"), and
The City of San Luis Obispo, a municipal corporation and a charter city in the County of
San Luis Obispo, State of California (hereinafter refemed to as 'oCit1z"),
The City is planning creek improvements to expand flow capacity in San Luis Creek (o'Creek")
and reduce future flooding potential.
In order to facilitate City work within the Creek, Owner is willing to grant a Temporary
Construction Easement to City over that certain portion of Owner's real property that is described
and depicted in the Temporary Construction Easement Deed, attached hereto as Exhibit "l" and
incorporated herein (the "Temporary Construction Easement"). ,"'
The Temporary Construction Easement is granted for the purpose of accommodating construction
activities to be performed by or on behalf of City within the Temporary Construction Easement
area in connection with the Mid-Higuera Bypass Project (the "Project"), which includes creek
grading and improvements. By signing this Temporary Construction Easement Agreement and
Deed, Owner grants to City, its agents and contractors, permission to enter the Temporary
Construction Easement area, as necessary for the express purpose of constructing Project
improvements including, but not limited to the right to access, use, and modify San Luis Creek,
, and to temporarily operate and store equipment, vehicles, soil, and materials as necessary to
-*,1 facilitate the construction of the Project improvements. City shall also have the right to remove
vegetation and replace it with native vegetation, and to intermittently access and maintain such
vegetation until it becomes established during the Temporary Construction Easement term, as
specified in Exhibit "1".
Compensation. In exchange for the Temporary Construction Easement granted by Owner to City,
City agrees to issue a payment to Owner in the amount of $3,000 within 45 days of the date Owner
has executed this Agreement and the herein referenced Temporary Construction Easement Deed,
which shall be concurrently executed and delivered to City representatives for City acceptanoe.
This Temporary Construction Easement Agreement shall bind and inure to the benefit of the
respective heirs, personal representatives, successors and assigns to the parties hereto.
City agrees to indemnify and hold harmless Ownero and to repair or pay for any damages caused
by reason of the conduct by City of activities authorized by this Agreement upon Owner's
property, except those arising out of the active negligence of Owner its agents.
SLO CityA4id-Higuera Bypass/Evergreen Windsor/TCE Agreement/07 -19-2004
Page 1 of2
Owner represents and warrants it is the owner of the real property upon which the Temporary
Construction Easement is located and is authorized to execute this Temporary Construction
Easement Agreement, and thaL no additional signatures are required to effectuate the easement
conveyance.
Owner warrants there are no oral or written leases on all or any portion of the Temporary
Construction Easement area, andthat there are no possessory rights held by others that can conflict
with the Temporary Construction Easement rights granted to City by Owner.
OWNER:
Evergreen Windsor MHP, LLC, a California limited liability company
Date 3 z /
ame: Zh /d,
Title: ,r/.^azb^
Date
N
CITY OF SAN LUIS OBISPO,
A municipal corporation and charter city
By:
f/t?/*vBy
Erica A.
ATTEST:
City Clerk
APPROVED AS TO FORM
Dietrick
City of San Luis Obispo, Attorney
Date:
APPROVED AS TO CONTENT:
By:r By:7tL
Brian Nelson
Deputy Director of Public Works
City of San Luis Obispo
SLO City,A4id-Hi guera Bypass,Evergreen Win d sor/TCE A greem entl 0T -1 9 -200 4
Page2 of2
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, mail to:
City of San Luis Obispo
Attn: City Clerk
990 Palm Street
San Luis Obispo, CA 93401
Exhibit I to Agreement
COPY
Exempt from the $75 Building and Jobs Act Fee per Gov't Code g 27388.1(2XD) Public Agency
No fee pursuant to Government Code g 6103
No Documentary Transfer Tax per R&T Code $ I 1922
No Recording Fee per Govemment Code g 27383
APN: 003-7Il-024
TEMPORARY CONSTRUCTION EASEMENT DEED
(To the City)
For a valuable consideration, receipt of which is hereby acknowledged,
Evergreen Windsor MHP, LLC, a California limited liability company (hereinafter called
ooGrantor")
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 (hereinafter referred to as "City" or "Grantee),
A temporary easement for the purposes of making improvements to San Luis Creek, including the
right to grade and clear the creek of non-native vegetation and the right to revegetate with native
vegetation, and related purposes, in, on, over, under, through, along, and across that certain parcel
of land located in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described and depicted in Exhibits "A'' and "B'', attached hereto and incorporated herein.
This Temporary Construction Easement shall commence upon City's acceptance of this
Temporary Construction Easement Deed, as evidenced by the City's execution of the Certificate
of Acceptance attached hereto, and shall automatically terminate upon completion of City's
construction or one (1) year after the commencement, whichever occurs first; provided, however,
City shall have the right to extend the Temporary Construction Easement term in additional three
(3) month increments if City determines that additional time beyond the one year period is
necessary for construction and vegetation restoration completion. In such case, City shall have the
unilateral right to extend the Temporary Construction Easement period and City agrees to
compensate Grantor Four Hundred Twenty Dollars ($420) for each three month extension term
exercised. Payment for any such extension(s) shall be paid by City to Grantor concurrent with
Cilv of San Luis Obispo/Mid-Higuera Bvpass/Evergreen Windsor/TCE Deed
I
Exhibit 1 to Asreement. nase 1 of 6
APN: 003-71l-024
City's written notice to Grantor of City's intent to exercise such extension provisions. In any event,
this Temporary Construction Easement shall terminate on or before December 31,2029.
Executed this _ day of 20-.
GRANTOR:
Evergreen Windsor MHP, LLC, a California limited liability company
By COPY
Name:
Title:
COPY
Name:
Title:
By
APN: 003-71l-024 City of San Luis Obispo/Mid-Higuera Bypass/Evergreen Windsor/TCE Deed
2
Exhibit I to Aereement. pase 2 of 6
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached. and not the truthfulness. accuracv. or validitv of that document.
State of California
county of-
On before ffio,COPY Notary
Public, personally appeared who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certi$ under PENALTY OF PEzuURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
Signature COPY (Seal)
ACKNOWLEDGMENT
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
On before me,COPY Notary
Public, pcrsonalll' appcarcd uho prol'ed to mc on thc basis of satisfactorl' cl'idencc 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 capaciry(ies), and that by his/her/their
signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
I certi$ under PENALTY OF PERruRY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
blgnature (5eal)
APN: 003-71l-024
Cnpv
City of San Luis Obispo/l\4id-Higuera Bypass/Evergreen Windsor/TCE Deed
aJ
Exhibit 1 to Aereement. pase 3 of 6
Exhibit A
Lega I Descri ption Tem pora ry Co nstruction Easement (A PN : 00 3 -7 1 1 -0241
Being a portion of Lots 1 , 2, and 3 in Block 147 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, according to map of said addition on file in Book A,
page 123 of Maps, in the office of the County Recorder of said County, and being
that portion of the land described in the Grant Deed recorded January 24, 2019
as lnstrument No. 2019-002691 of Official Records in the Office of the County
Recorder of said County lying westerly of the following described line:
Commencing at a found rebar with plastic cap stamped LS 5702 shown as
marking a point on the northerly line of the land described in the Grant Deed
recorded July 2, 2018 as lnstrument No. 2018-027246 of Official Records in the
Office of the County Recorder of said County on the Record of Survey filed in
Book 1 13 of Records of Surveys at page 42 in the Office of the County Recorder
of said County from which a found rebar with plastic cap stamped LS 5702
shown as marking the intersection of said northerly line with the westerly line of
Higuera Street on said Record of Survey bears South 79'53'13" East 269.93
feet [South 81'45'00" East 270.00 feet per said record of survey];
Thence South 17'15'32" West, 95.87 feet to the northerly line of the land
described in said Grant Deed recorded as lnstrument No. 2019-002691 of Official
Records and the Point of Beginning;
Thence South 8'04'07" West, 90.28 feet;
Thence South 10'58'28" West, 76.41 feet to the southerly line of the land
described in said Grant Deed.
Containing 5,596 square feet more or less. The above described land is
graphically shown on Exhibit "B" attached hereto and made a part hereof
tL"r/JJ-
Date:81912O23
George Marchenko, P.L.S. 6964
264 Higuera APN 003-71 1-024TCE LDX.doc
No.6964 o(tqt
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Exhibit 1 to Agreement, page 4 of 6
LEGEND. FOUNDMONUMENT
PER 113/RS/042
AREA DESCRIBED
SN.@ C.RBFN UT
fr2[-MXI&t
POINT OF
5/8'REBAR
LS 5702
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SCALE
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612 Clarion Court
SAN LUIS OBISPO, CA 9340']
T 805 s44-401 1
F 805 5444294
M.wallacegroup.us
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1 INCH = 60 FEET EXHTBIT B
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CONSIRUCTION EASEMENT PORTION OF
2019-002691, SAN tU'S OBISPO,CA
(264-274 HTGUERA STREET) ApN 003-711-024,
EVERGREEN I/V/NDSOR MHP, LLC
DRAWNG :003-7'11-024
DRAWN BY: GM
DATE: 810212023
Sheet 1 of 1
CAP
LS 5702
"r@Affis
PART^I]ERSfiP
N4M63
5/8" REBAR
WITH CAP
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WALTACE GROUP
Exhibit 1 to Agreement, page 5 of 6
CERTIFICATE OF ACCEPTANCE
2023
)
)
betbre me, Megan Wiibanks, Notary Public, personally appeared
(Official Notary Seal)
City of SlO/Mid-Higuera Bypass/Evergreen Windsor/TCE Deed
Exhibit 1 to Aqreement. Dase 6 of 6
This is to certiff that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes
the real property, or interests therein, described in the within Temporary Construction Easement Deed
from Evergreen Windsor MHP, LLC, a Califomia limited liability company, and consents to the
recordation thereof.
In Witness Whereof, I have hereunto set my hand this day of
CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
COPY
Erica A. Stewart, Mayor
ATTEST:
COPY
Teresa Purrington, City Clerk
ACKNOWLEDGEMENT
A Notary Public or other officer completing this certfficate 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
COTINTY OF SAN LUIS OBISPO
On
Megan Wilbanks, Notary Public
APN: 003-71l-024
Erica A. Stewart, 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 helshe/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 entit! upon behalf of which the person(s) acted, executed
the instrument.
T certif,i under PENALTY OF PERruRY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal
COPY