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Home My WebLink AboutD2224 Mid-Higuera Bypass Project - McNamara_Temporary Construction Easement Deed and Agreement_APN 002-482-021RECETVED MAR 2 6 2025 SLO CIW CLERK 24254@7345 Recording requested by: Hamner, Jewell & Associates Govemment Real Estate Services When recorded, mail to: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 San 03/ Lut8t Elaina Canois 0bispo - County Clerk-Recorder2025 12:04 Pl''l Recorded at the request of PUBL IC Titles:2 Pages:6 Fees: $0 .00Taxes: $0 .00Total : $0.00 ,]' llII ilfi Hfl ffi [U[|rl,lf, tr'f, !l[tII ll I ,\d-= Exempt from the $75 Building and Jobs Act Fee per cov't Code $ 27388. l(2XD) Public Agency No fee pursuant to Govemment Code $ 6103 No Documentary Transfer Tax per R&T Code g 1 I 922 No Recording Fee per Govemment Code $ 27383 APN: 002-482-021 TEMPORARY CONSTRUCTION EASEMENT DEED (To the City) For a valuable consideration, receipt of which is hereby acknowledged, Patricia B. McNamara, Trustee of the Patricia B. McNamara Survivor's Trust dated December I 4, 2000 (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. City agrees to defend, indemnify and hold harmless Grantor, and its employees, agents, successors, and assigns (collectively "Grantor Parties") arising out of, relating to, or resulting from the conduct of City or its employees, agents, contractors, successors, and assigns, related to this Agreement upon Grantor's property, except those arising out of the active negligence of Grantor Parties. Furthermore, City shall promptly repair any damage to Grantor's property caused by City's use and activities under this Agreement or, at Grantor's election, reimburse Grantor in full for all reasonable costs of such repairs (provided that Grantor will notify City in writing of any such necessary repairs prior to commencement thereof). 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 City of San Luis Obispo/Mid-Higuera Bypass/\rfcNamara Trust/TCE Deed l-17-25 I APN: 002-482-021 D - 2224 construction or one (1) year after the commencement, whichever occurs first; provided, howevero 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 One Hundred Twenty-Five Dollars ($125) for each three month extension term exercised. Payment for any such extension(s) shall be paid by City to Grantor concunent with 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 felr r, rl ,20 2/.a GRANTOR: Patricia B. McNamara, Trustee of the Patricia B. McNamara Survivor's Trust dated December 14, 2000 By Patricia B. McNamara Trustee 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 and not the or of that document. flrA*;*HfrI c7/*,?z.azk State of California.a;;;t ;t i-l4s_ALBf o On 2'zc-L5 before me,a-*^i{.^r IV\', z-r*a-Ls Notary Public, personally appeared Patricia B. McNamara, 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 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. Signature /*(Seal) JENNIFER MIZRAHI Commission #2470975 Notary Public Califfornia SAN LUIS OBISPO COUNTY Commblkn Expire3 Novdnbar 23, 20?7 APN: 002-482-021 City of San Luis Obispo/Mid-Higuera Bypass/\,lcNamara TTusVTCE Deed I -17-25 2 Exhibit A Legal Description Tem porary Construction Easement (APN :002-482-0211 Being a portion of Block 61 of the City of San Luis Obispo in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to Harris and Ward's Map thereof recorded May 1 ,1878 in Book A, Page 168 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 July 7, 2022 as lnstrument No.2022- 028024 of Official Records in the Office of the County Recorder of said County lying westerly of the following described line: Commencing at a found magnetic nail and tag stamped LS 5702 shown as marking the intersection of the northerly line of the land described in the Quitcfaim Deed recorded October 12,2017 as lnstrument No. 2017-046847 of Official Records in the Office of the County Recorder of said County with the westerly line of Higuera Street on the record of survey filed in Book 111 of Records of Surveys at page 3 in the Office of the County Recorder of said County from which a found nail in monument well marking the intersection of the centerlines of Higuera and High Streets shown on said record of survey bears South 5o31'37" West 374.68 feet and a found rebar capped LS 5661 bears South 10"07'06" West 216.49 feet [South 8o15'00" West 216.48 feet per said record of surveyl; Thence North 6'38'19" West 354.83 feet to the Point of Beginning; Thence North 27"05'11" East 71.59 feet more or less (L1)to the northerly line of the land described in said Grant Deed. Containing 1,039 square feet more or less. The above described land is graphically shown on Exhibit "B" attached hereto and made a part hereof. tL.ilJ*^{- Date:81912023 George Marchenko, P.L.S. 6964 390 Higuera APN 002482-021 TCE LDX.doc o6964 tuf a\ (t No. oF! OF $ + tAND s EXHIBIT B Qg T EM P O RAR Y CONS IR U CT I ON EASEMENT PORTION OF GRANT DEED 2022-028024 SAN LU'S OBISPO,CA (s09 HTGUERA Sr.) APN 002-482-021 McNamara u.e \0\ LEGEND. FOUNDMONUMENT PER 111/RS/003 AREADESCRIBED J@AI]ES PARTIWRS/flP 50 100 /o7 oN ---* ot(Rh'of\? mTt 1 INCH = 100 FEET 612 Clarion Court sAN LU|S OB|SPO, CA 93401 T 805 544401 1 F 805 544-4294 ww.wallacegroup.us NA/t IN MON. WELL 111/RS/3 ? POINT OF NAIL &TAG LS 5702 111/RS/3 1O JOB No.: 0061-0091 DRAWNG :OO2-482-O21 DRAWN BY: GM DATE: 08/03/2023 Sheet 1 of 1 l\ .ttJ *q* u) 2 t f,tuo tr- I I 5/8" REBAR WITH CAP LS 5661 I lE rN I c') /\ ll\r(b ls ;CDlolq) Irn I I I I 111/RS/3 LINE TABLE LINE#DIRECTION LENGTH L1 N27" 05'.1l"E 71.59t N24m24 Br -l-Or r -l-co I ol(ol z\ \ \ \ \ -t-l rcol '+rrolcft , \ 6\, \ \ POINT OF BEGlNNING CIW @F SI.O NW5W3 2W AR 6ffi T@DD (/) 6,vot\\ \ I\o mn7M47 rfla)@s SI,@ CREEK nnc N2.n-M4 WATLACE GROUP HIGH SIREET 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 Temporary Construction Easement Deed, and consents to the recordation thereof. Inwitnesswhereof,Ihavehereuntosetmyhandthis \P aayor Mo./utA,2025. CITY OF SAN LUIS OBISPO, a corporation and charter city Erica A. Stewart, ATTEST:APPR AS RM: Teresa Purrington, Ci ACKNOWLEDGEMENT A Notary Pr.tblic or other fficer completing this certificate verifes on$t the identitv of the individtrul who signed the doatment 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 NnvrV. \\, g8a5 . before me, Megan Wilbanks, Notary Public, personally appeared 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 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. Megan (Official Notary Seal) ) Cmln, trlt?* Frb t02t nEGAil WLSANXS Notrry Publlc - Callfornlr Sar Luis Oblipo County Cmmisrlon l2la0't2 APN: 002-482-021 lic City of SLO/Mid-Higuera Bypass/McNamara Trust/TCE, Deed ACKNOWLEDGEMENT A Notaryt Public or other fficer completing this certificate verifies onlt the identity of the individlral , )ho signed the document to which this certificate is attached and not the truth.futness, accuracv, or valiclitlt of that document. STATE OF CALIFORNIA COIjNTY OF SAN LUIS OBISPO ) On 'fiAnnrc\n \\, aDAS .before me, Megan Wilbanks, Notary Public, personally appeared who proved to me on the basis of sfactory 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. Megan Notary Public (Official Notary Seal) END OF TIOQUMENT Camn.Fab 28, 202t TAEGAX WILBANXS Not.ry Publlr - C.llfornla Srn Luls O$lrpo County Coilnhllon , 24i0tt 2 APN: 002-482-021 City of SLO/Mid-Higuera Bypass/McNamara Trust/TCE Deed r' Project: City of San Luis Obispo - Mid-Higuera Bypass Project APN:002-482-021 Property Address: 390 Higuera Street, San Luis Obispo, CA 93401 Owner: Patricia B. McNamara Survivor's Trust TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement is being entered into by and between Patricia B. McNamara, Trustee of the Patricia B. McNamara Survivor's Trust dated December |4,2000 (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's 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 "1" 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 "1". Compensation. In exchange forthe Temporary Construction Easement granted by Ownerto City, City agrees to issue a payment to Owner in the amount of $1,000 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 acceptance. In the event that City extends the term of the Temporary Construction Easement, City agrees to compensate Grantor One Hundred Twenty-Five Dollars ($125) for each three-month extension term exercised. Payment for any such extension(s) shall be paid by City to Owner concurrent with City's written notice to Owner of City's intent to exercise such extension provisions. 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. SLO C ityA4id-Higuera Bypass/VlcNamara/TCE Agreement l -17 -25 Page I of2 City agrees to defend, indemnify and hold harmless Owner, and its employees, agents, successors, and assigns (collectively 'oOwner Parties") arising out of, relating to, or resulting from the conduct of City or its employees, agents, contractors, successors, and assigns, related to this Agreement upon Owner's propertyo except those arising out of the active negligence of Owner Parties. Furthermore, City shall promptly repair any damage to Owner's property caused by City's use and activities under this Agreement or, at Owner's election, reimburse Owner in full for all reasonable costs of such repairs (provided that Owner will notify City in writing of any such necessary repairs prior to commencement thereof). 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: Patricia B. McNamara, Trustee of the Patricia B. McNamara Survivor's Trust dated December 14,2000 (,g Patricia B. McNamara Trustee CITY OF SAN LUrS OBISPO, A municipal corporation and charter city By Erica A. Stewart, ATTEST: City Clerk AS TO stine of San Luis Obispo, Attorney APPROVED AS TO CONTENT: zL.zS v Q,rDate3/6 / Brian Nelson Deputy Director of Public Works City of San Luis Obispo SLO CityA4id-Higuera Bypass/McNamara/TCE Agreement l-17 -25 Page2 of2 Recording requested by: Hamner, Jewell & Associates Govemment Real Estate Services When recorded, mail to: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 COPY Exempt from the $75 Building and Jobs Act Fee per Gov't Code $ 27388. l(2XD) Public Agency No fee pursuant to Govemment Code $ 6103 No Documentary Transfer Tax per R&T Code g 1 1922 No Recording Fee per Govemment Code g 27383 APN:002-482-021 TEMPORARY CONSTRUCTION EASEMENT DEED (To the City) For a valuable consideration, receipt of which is hereby acknowledged, Patricia B. McNamarao Trustee of the Patricia B. McNamara Survivor's Trust dated December I 4, 2000 (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 'oCity" 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 t<i 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 Califomia, described and depicted in Exhibits "A" and'0B", attached hereto and incorporated herein. City agrees to defend, indemnify and hold harmless Grantor, and its employees, agentso successors, and assigns (collectively "Grantor Parties") arising out of, relating to, or resulting from the conduct of City or its employees, agents, contractors, successors, and assigns, related to this Agreement upon Grantor's property, except those arising out of the active negligence of Grantor Parties. Furthermore, City shall promptly repair any damage to Grantor's property caused by City's use and activities under this Agreement or, at Grantor's election, reimburse Grantor in full for all reasonable costs of such repairs (provided that Grantor will notiff City in writing of any such necessary repairs prior to commencement thereof). 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 City of San Luis Obispo/Mid-Higuera Bypass/McNamara Trust/TCE Deed l-17-25 I APN: 002-482-021 Exhibit 1 to Agreement, page I of 5 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 One Hundred Twenty-Five Dollars ($125) for each three month extension term exercised. Payment for any such extension(s) shall be paid by City to Grantor concurrent with 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: Patricia B. McNamara, Trustee of the Patricia B. McNamara Survivoros Trust dated December 14, 2000 By COPY Patricia B. McNamara Trustee 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 and not the or val of that document. State of California County of On before me, , Notary Public, personally appeared Patricia B. McNamara, 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 certify 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. Signature (Seal) APN: 002-482-021 COPY Exhibit I to Agreement, page 2 of 5 City of San Luis Obispo/Mid-Higuera Bypass/IVlcNamara Trust/TCE Deed,l-17-25 2 Exhibit A Legal Description Tem porary Construction Easement (APN:002482-0211 Being a portion of Block 61 of the City of San Luis Obispo in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to Harris and Ward's Map thereof recorded May 1 ,1878 in Book A, Page 168 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 July 7, 2022 as lnstrument No.2022- 028024 of Official Records in the Office of the County Recorder of said County lying westerly of the following described line: Commencing at a found magnetic nail and tag stamped LS 5702 shown as marking the intersection of the northerly line of the land described in the Quitclaim Deed recorded October 12,2017 as lnstrument No.2017-046847 oI Official Records in the Office of the County Recorder of said County with the westerly line of Higuera Street on the record of survey filed in Book 111 of Records of Surveys at page 3 in the Office of the County Recorder of said County from which a found nail in monument well marking the intersection of the centerlines of Higuera and High Streets shown on said record of survey bears South 5"31'37" West 374.68 feet and a found rebar capped LS 5661 bears South 10"07'06" West 216.49 feet [South 8o15'00" West 216.48 feet per said record of surveyl; Thence North 6"38'19" West 354.83 feet to the Point of Beginning; Thence North 27"05'11" East 71.59 feet more or less (L1) to the northerly line of the land described in said Grant Deed. Containing 1,039 square feet more or less. The above described land is graphically shown on Exhibit "B" attached hereto and made a part hereof. tL*ilJJ- George Marchenko, P,L.S. 6964 390 Higuera APN 002-482-021 TCE LDX.doc Date:81912023 oF gq\-\ -\, tANO s Exhibit I to Agreement, page 3 of 5 mD4N24 z\ \ \ \ \ cf)art l.c) (f) =O)6L co (f) (o POINT OF BEGINN'NG CITY @F SN.O nW273 \ \ n@ aR 6ffi T@DD \ s (oo\o oal\ A) t mn7w7 rflN@s S/,@ CREEK Mrc fuAMA EftHIBIT B 0q T EM P O RAR Y CONSIR U CT I O N EASEMENT PORTION OF GRANT DEED 2022-028024 SAN tU'S OB\SPO,CA (309 HTGUERA Sr.) APN 002-482-021 McNamara u.e \0\ LEGEND. FOUNDMONUMENT PER 111/RS/003 AREADESCRIBED /@AffiS PART mRstm E 50 100 /07 oN -r-. 06 BF\[? [R]? POINT OF NAIL&TAG LS 5702 111/RS/3 J-- .t{/ *q* V) $o ,tr-2 I I 5/8" REBAR WITH CAP LS 5661 Iibr(o rN lcD/t INI (Y) its , (f) lo'to Ico I I I I 1 INCH = 100 FEET 612 Clarion Court sAN LUtS OB|SPO, CA 93401 T 805 5444011 F 805 5444294 w.wallacegroup.us 111/RS/3 NAIL IN MON. WELL 111/RS/3 JOB No. : 0061-0091 DRAWING :002482-021 DRAWN BY: GM DATE: 08/03/2023 Sheet 1 of 1 HIGH SIREET LINE TABLE LINE #DIRECTION LENGTH L1 N27" 05',11"E 71.59t WALTACE GROUP Exhibit 1 to Agreement, page 4 of 5 ; ,l ,, "1 \\' i^ CERTIFICATE OF ACCEPTAI\CE 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 Patricia B. McNamara, Trustee of the Patricia B. McNamara Survivor's Trust dated December 14,2000, and consents to the recordation thereof. In Witness Whereof I have hereunto setmy handthis day of 2025. 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 fficer completing this certiJicate veriJies only the identity of the individual who signed the document to which this certiJicate is attached and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On -, before me, Megan Wilbanks, Notary Public, personally appeared 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 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. COPY Megan Wilbanks, Notary Public APN: 002-482-021 (Official Notary Seal) City of SlO/Mid-Higuera Bypass/McNamara Trust/TCE Deed Exhibit I to Agreement, page 5 of 5