HomeMy WebLinkAboutD2223 Mid-Higuera Bypass Project - Kupper_Temporary Construction Easement Deed_APN 004-741-008Recording requested by:
Hamner, JeweJI & Associates
Government Real Estate Services
When recorded, mail to:
City of San Luis Obispo
Attn: City Clerk
990 Palm Street
2024002807
Elaina Cano
San Luis Obispo -County Clerk-Recorder
02/02/2024 09:48 AM
Reco r ded at the request of :
PUBLIC
Titles : 1 Pages: 5
Fees: $0.00
Taxes: $0.00
Total: $0.00
FILED rl::E PAID EXEMPT
San Luis Obispo, CA 93401
APN: 004-741-008
Exempt from tbc $75 Bui.lding and Jobs Act f'ee per Oov't Code§ 27388 .1(2XD) Pu blic Agency
No fee pursuant 10 Government Code§ 6103
No Documen tary Transfer Tax per R&T Code§ 11922
No Recording Fee per Govcmm~nl Code§ 27383
TEMPORARY CONSTRUCTION EASEMENT DEED
(To the City)
For a valuable consideration, receipt of which is hereby acknowledged,
Kurt P. Kupper, as Trustee of the Kurt P. Kupper Living Trust dated October 10, 2007
(hereinafter called "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 (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 Three Hundred Forty-Five Dollars ($345) for each three month extension
term exercised. Payment for any such extension(s) shall be paid by City to Grantor concurrent with
APN: 004-741-008 Cily of San Luis Obispo/Mid-Higuera Bypass/Kuppcrn'CE need
l D 2223
City 's wr itten notice to Grantor of City 's intent to exercise such extension provisions . In any event,
this Temporary Construction Easement shall termin ate on or before December 31, 2029.
Executed this l '2.. day of V...e. C.--20 Z-.3.
GRANTOR:
Kurt P. Kupper, as Trustee of the Kurt P. Kupper Living Trust dated October I 0, 2007
ACKNOWLEDGMENT
A notary public or other officer compl eting th is certi fi cate ve rifies onl y th e
identity of the individual who si g ped th e doc umen t to wh ic h thi s certificate is
att ached , and not the truthfulness accuracy or validity of that document.
State of California
County of '::,4 ..... '\ u .~ d'.,,ispo
On \1: 'c).';)., ~~ before me, :S--t ~~~(J<' M ~~"~ , Notary
Public, personally appeared Kurt P. Kupper, who proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) is/are subscribed to the w ithin 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 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. ,..
Si gna turq ~ "o•J (Seal)
APN : 004-741 -008 City of San Luis Ob ispo/Mid-Hig uera Bypass/Kupper/TCE Deed
2
Exhibit A
Legal Description Temporary Construction Easement (APN: 004-741-008)
Being a portion of Lots 13, 14 , 15 and the Northerly 1 foot 10 inches of Lot 16
of the Nippon Tract, a Resubdivision of Lot 2 in Block 149 of 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 the map recorded July 15, 1931 in Book
5, Page 23 of Maps, and being that portion of the land described in the Individual
Grant Deed recorded October 11 , 2007 as Instrument No. 2007-067332 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 southerly line of South Street on the Record of Su,vey
filed in Book 65 of Records of Surveys at page 100 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 inte rsection of said southerly line with the westerly
line of Brook Street on said Record of Survey bears South 80°01 '31" East
199.95 feet [South 81 °00'00" East 200.00 feet per said record of suivey];
Thence along said southerly line North 80°01 '31" West 20.54 feet;
Thence South 30°48'39" East, 105.76 feet to the northerly line of the land
described in said Grant Deed, from which a found nail and tag stamped LS 5702
shown as marking the intersection of said northerly line with the westerly line of
Brook Street on said Record of Survey bears South 80°05'16" East 151.39 feet,
and to the Point of Beginning;
Thence South 19°28'32" East, 87. 71 feet to the southerly line of the land
described in said Grant Deed.
Containing 4,539 square feet more or less. The above described land is
graphically shown on Exhibit "B" attached hereto and made a part hereof.
~"?' ~~ Date: 819/2023
George Marchenko , P.L.S . 6964
180 Brook St. APN 004-741-008 TCE LDX
LEGEND
• FOUND MONUMENT
...... ...-.--.-......... PER 65/RS/100
AREA DESCRIBED
N 80° 01' 31" W
20.54'
POINT OF
COMMENCEMENT
j 5/8" REBAR WITH CAP I LS 5702
0
CllY OIF SAN
LUJS OBISPO
OPEN SPACE
ZIJ1.6!01?/6Zl
25
SCALE
50
1 INCH = 50 FEET
612 Cla tio " Court
SAN LU IS OBIS PO, CA 934 01
T BO S 544-4011
F eo; 544 -4294
www.vr.1llaceoroup .us
WALLACE GROUP
c~ ILUffS OBISPO __
48[}/0R/480 --100
EXHIBITS
5/B"REBAR
WITH CAP
LS 5702
SAN LUIS OBISPO CREEK TEMPORARY
CONSTRUCTION EASEMENT PORTION OF LOTS
13 -16 5/MB /2 3, SAN LUIS OBISPO.CA
( 180 BROOK STREET) APN 004-7 41-008,
KUPPER
PARCEL 1
36/PM/74
JOB No. : 0061-0091
DRAWING :004-741 -008
DRAWN BY; GM
DATE : 7/31/2023
Sheet 1 of 1
CERTIFICATE OF ACCEPTANCE
This is to certify 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 Kurt P. Kupper, as Trustee of the Kurt P. Kupper Living Trust dated October 10, 2007, and
consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this / 'j day of ~~ , 2024.
CITY OF SAN LUIS OBISPO,
a mu · cipal corporation and charter city
'-~
Erica A. Stewart, Mayor
ATTEST:
J~~
ACKNOWLEDGEMENT
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 trut~fulness, accuracy, or validity of that document.
ST ATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
)
)
On "II.JI\~ \C\, .;lod-L\ , before me , Megan Wilbanks, Notary Public, personally appeared
Erica A.Ste rt, Mayor, C ITY 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.
~noon oonennc
WITNESS my hand and official seal. ; e.i ~:~=~::~2;::£:!;~, I
• Comm iss ion • 2322526 -
• • i.y C-omm . Expires rob 2', 202~
(Official Notary Seal)
APN : 004-7 41-008 City of San Luis Obispo/Mid-Higuera Bypass/Kupper/TCE Deed
Project: City of San Luis Obispo -Mid-Higuera Bypass Project
APN: 004-741-008
Property Address : 180 Brook Street, San Luis Obispo, CA 93401
Owner: Kurt P. Kupper, Trustee, Kurt P. Kupper Living Trust
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement is being entered into by and between
Kurt P. Kupper, as Trustee of the Kurt P. Kupper Living Trust dated October 10, 2007
(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 referred to as "City"),
The City is planning creek improvements to expand flow capacity in San Luis Creek ("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 "I" 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
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 "l ".
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$l,380 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 acceptance.
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 Owner, 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 City/Mid-Higuera Bypass/Kupper Trust/TCE Agreement
Page J 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 that 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, and that there are no possessory rights held by others that can conflict
with the Temporary Construction Easement rights granted to City by Owner.
OWNER:
· f the Kurt P. Kupper Living Trust dated October 10, 2007
CITY:
City of San Luis Obispo
~By ~~d ~
Name: E rl LJ>.. ,'.. S o..rt
../'
Date _ ___,.l_-_l_'M=-+--2-~l.\-
Title: MA.0-0 r
SLO City/Mid-Higuera Bypass/Kupper Trust/TCE Agreement
Page 2 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
Exhibit "1 to Agreement
COPY
San Luis Obispo, CA 93401
APN: 004-741-008
f:lx cmpl from the S1S Bu ilding und Jobs Act Fee per Gov't Code § 27388.1(2XD) Publfc Agency
No fee pursuant to Government Code§ 6103
No Documentary Transfer Tax per R&T Code§ 11922
No Ril<:ord ing Fee per Government Code§ 27383
TEMPORARY CONSTRUCTION EASEMENT DEED
(To the City)
For a valuable consideration, receipt of which is hereby acknowledged,
Kurt P . Kupper, as Trustee of the Kurt P. Kupper Living Trust dated October 10, 2007
(hereinafter called "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 (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 Three Hundred Forty-Five Dollars ($345) for each three month extension
term exercised. Payment for any such extension(s) shall be paid by City to Grantor concurrent with
APN: 004-741-008 City of San Luis Obispo/Mid-Higuera Bypass/KupperffCE Deed
1
Exhibit 1 to Agreement, page 1 of 6
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:
Kurt P. Kupper, as Trustee of the Kurt P. Kupper Living Trust dated October 10, 2007
COPY By: ______________ ~
Kurt P . Kupper
Trustee
ACKNOWLEDG MENT
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
attache d, a nd not th e truth fu ln es s, accurac y, or va lid ity o f th at document.
State of California
County of _______ _
COPY
On before me, , Notary
Pub I ic, p ers ona ll y a ppeared Kurt P. Kupper, who proved to m e on th e bas is of s ati ~factory 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 certify under PENALTY OF PERJURY under the law s of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ___ C_O_P_Y _____ _ (Seal)
APN : 004-741-008 City of San Lu is Obispo/Mid-Higuera Bypass/Kupper/TCE Deed
Exhibit 1 to Agreement, page 2 of 6
Exhibit A
Legal Description Temporary Construction Easement (APN: 004-741-008)
Being a portion of Lots 13, 14, 15 and the Northerly 1 foot 10 inches of Lot 16
of the Nippon Tract, a Resubdivision of Lot 2 in Block 149 of 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 the map recorded July 15, 1931 in Book
5, Page 23 of Maps, and being that portion of the land described in the Individual
Grant Deed recorded October 11, 2007 as Instrument No. 2007-067332 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 southerly line of South Street on the Record of Survey
filed in Book 65 of Records of Surveys at page 100 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 southerly line with the westerly
line of Brook Street on said Record of Survey bears South 80°01'31" East
199.95 feet [South 81 °00'00" East 200.00 feet per said record of survey];
Thence along said southerly line North 80°01 '31 '' West 20.54 feet;
Thence South 30°48'39" East, 105.76 feet to the northerly line of the land
described in said Grant Deed, from which a found nail and tag stamped LS 5702
shown as marking the intersection of said northerly line with the westerly line of
Brook Street on said Record of Survey bears South 80°05'16" East 151.39 feet,
and to the Point of Beginning;
Thence South 19°28'32" East, 87.71 feet to the southerly line of the land
described in said Grant Deed.
Containing 4,539 square feet more or less. The above described land is
graphically shown on Exhibit "B" attached hereto and made a part hereof.
~",?-~.,P., Date: 819/2023
George Marchenko, P.L.S. 6964
180 Brook St. APN 004-741-008 TCE LOX
Exhibit 1 to Agreement, page 4 of 6
0
LEGEND
• FOUND MONUMENT
-.-....... --..--PER 65/RS/100
AREA DESCRIBED
POINT OF
COMMENCEMENT r 5/8" REBAR WITH CAP
LS 5702
--,.......__ -'-
sourH srRE£r
cmroF SAN
JLUES OB!.SP'D
OffiN S.PA.CE
202,6/0IV6Z'l
25
SCALE
50
1 INCH "' 50 FEET
c~
JUJHS OB!SPO ----
481}/0R/480
----100
EXHIBITS
5/B"REBAR
WITH CAP
LS 5702
612 Clerio n Cou n
SAN LUIS OBISPO, CA 93401
T 805 544-4011
SAN LUIS OBISPO CREEK TEMPORARY
CONSTRUCT/ON EASEMENT PORTION OF LOTS
13-16 5/MB/23, SAN LUIS OBISPO,CA
(180 BROOK STREET) APN 004-741-008,
F 805544-4294
www.w1ll.1ccgroup.us KUPPER
WALIACE GROUP
JOB No . : 0061-0091
DRAWING :004-741-008
DRAWN BY: GM
DATE : 7/31/2023
Sheet 1 of 1
Exhibit 1 to Agreement, page 5 of 6
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo, grantee herejn , hereby accepts for public purposes
the real property , or interests therein, described in the within Temporary Construction Easement Deed
from Kurt P. Kupper, as Trustee of the Kurt P. Kupper Living Trust dated October 10, 2007, and
consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this ___ day of ________ _, 2023 .
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 certificate verjfies 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.
ST A TE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
)
)
On , before me, Megan Wilbanks, Notary Public, personally appeared
E rica A . Stewart. May or, ClTY OF SAN L UIS OBISPO, who proved to me on the basis of satisfactory
evid ence to be the perso n(s) whose narn e(s) is /a re subscribed to th e within instrument and acknowledged
to me th at he/s he/they executed th e sam e 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.
COPY
Megan Wilbanks, Notary Public (Q(jicial Notary Sealj
APN: 004-741-008 City of San Luis Obispo/Mid-Higuera Bypass!K.uppcr/TCE Deed
Exhibit 1 to Agreement, page 6 of 6