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Home My WebLink AboutD-1992-A AUTOPARK TANK & WELLS- Hysen and Johnson Right of Way Easementr t "t , '{ Recording requested by and when recorded mail to: City of San Luis Obispo Utilities Department 990 Palrn Street San Luis Obispo, CA 93401 Doc No: 1992-051348 Official Records San Lu'is Obi sPo Co '-Fnnr.rcrs M. cooNEY Recorder Aug 21,1992 T'ime: 08: 00 @@tBl RECORDII{G TICOR T'fTE BYr o0ttFANY Rec No: i ToTAL 1 094 o. o0 0 .00 REQUESTED IITST'RANCE NF AGREEMENT FOR GRANT OF RIGHT OF WAY EASEMENT This agreemenr is made rhis 3rd day of oifl[};, Lgg2, by and between Carl l-,es1ie Hysen ana virffiIE R. Hysen, trustees of t.he Hysen l-,iving Trust dated lTune 23, 1988, and Robert Burton 'Johnsonand Elizabeth Ann ,fohnson, Trust,ees of the ,Johnson Living Trust, dated ,June 23, 1-988, (hereinafter collectively referred to asrrGrantor"), and the Cit,y of San l-,uis Obispo, a chartered municipal corporation (hereinafter referred to as 'rGrant,ee'r). WHEREAS, Grantor is the owner of that certain real property locat.ed in the City of San Luis Obispo, County of San Luis Obispo, SLate of California, which is more particularly described on Exhibit rrArr attached hereto and incorporated herein by thisreference (the "Serrrient Tenement") ; WHEREAS, Grantee is the owner of certain real property locat.ed in the Cit.y of San l-,uis Obispo, County of San Luis Obispo, State of California, which adjoins the Serrrient Tenement, and is more particularly described on Exhibit rrBtr attached heret.o and incorporated herein by this reference (the ttDominant ra*.-*a-rl!\ - --Itgrrgttlgrru ) t clrr\.L WHEREAS, Grantee desires to acquire certain rights in theSenrient Tenement to obt,ain access from Grantee's parcel to Auto Park Way; NOW THEREFORE, it is agreed as follows: 1.flranl- nf p i .Thl- nf LrTrrr E= eamanl-. For a valuableconsideration, Grantor hereby grants to Grantee an easement foringress and egress over the Servient Tenement via driveways andparking areas along a route to be determined solely by GranLor,but of no less than twelve (1,2) feet in width with a sufficientt.urning radius to allow access for the uses described in Paragraph 2, below. I \a'&" -1- voL 394[J PAGEZLT A 2. Character of Easement. The easement granted herein is an easement in gross to Grantee and is granted solely for reasonable daily access by automobile or light, truck across t,he designated roule over the Servient Tenement. Grantee shall also be allowed access approximately once every eighteen (18) months by a "semi'r truck and t,railer as required to exchange carbon in the treatment tanks to be located on the Dominant. Tenement. Grant.ee shaIl provide Grantor and any existing tenant. on the Senrient Tenement no less than seven (7) days' notice prior t,o scheduling a heavy truck delivery to t,he Dominant Tenement. Emergency access to the Dominant Tenement through both of thegates to be constructed thereon by Grantee shall be allowed at any time upon prior notice to Grantor and any existing tenant onthe Servient Tenement. 3. Exclusivj-cy. The easement grant.ed herein is exclusive to Grant.ee and may not be assigned t,o any thirrS parties. 4. Relocation of Easement. Grantor hereby resen/es the right to relocate the right of way easement granted hereby to anot,her alignment on the Servient Tenement, but shall provide Grantee prior written notice of such relocation. Such not.ice shall specify t.he effective date of the relocation and shallinclude a map showJ-ng the present location of the right of way and the new route of access. 5. Maintenance/Security. Grantee shaIl be obligated to effect,uat,e such repairs as may be reasonably necessary to the pavement across which access to the Dominant Tenement is obLained under this agreement for damages caused by Grantee's use thereof. Grantee further agrees to provide, at Grantee's sole cost and expense, such reasonable security measures as Grantor may require for the protection of the automobile dealership located on the Serrrient Tenement, against such risks as may result from theinstallation and operation by Grantee of two twenty-five foot wide gates between the Dominant and Serwient, Tenements. 5. Term of Easement. The right of way granted hereby sliaii be eiiectj-ve upon t,he oare of recorciation of this agreement. The right of way shall remain in existence until suchtime as the Dominant Tenement is transferred to a third party by Grantee, or is reacquired by Grantor pursuant to the provisions of that certain Agreement for the Purchase of ReaI Property recorded as Document No. 4L023 j-n Volume 3906 at Page 765 of the Official Records of San Luis Obispo County. 7. Grant, of Easement Only. Nothing contained herein shall be construed as a grant or other conveyance to Grantee of the fee simple interest in any portion of the Serrrient Tenement, and Grantor expressly reserves to itself and its successors or assigns such fee simple interest and the right to convey such fee simple interest and any other rights to all or any portion of theServient Tenement. to any person or entity, subject to the rightsof Grantee specified herej-n. vol 3940r0"218-2- 8. Complete Aqreement. This instrument constitutes the entire understanding of Grantor and Grantee with respect to the right of way to be conveyed by Grantor to Grantee in connection with the subject matter hereof. It may not be amended or revoked except upon the written consenL of each of the part,ies hereto, or by operation of this agreement, or by law. 9. Attorneys' Fees. Should any action or proceeding be necessary to const,rue or enforce the t,erms and conditions of this agreement, or the rights and duties of the parties hereunder, then the prevailing party shalI be entitled Lo recover all courL costs and reasonable attorneys' fees. 10. Effective Date. This agreement shal1 be effectj.ve on the date upon wh.ich it is recorded in the offj-ce of the County Recorder of San l,uis Obispo Count,y, California. CITY OF SAI{ IrUIS OBISPO ) r Ron n ATTEST: Pam oges, c er APPROVED AS TO FORM: o Jeffrey G. Jorgensen APPROVED AS 'I'O CONTENT: J t esD rector William T. Hetland HYSEN L TRUSTIVING /.- Uz-4,rt-Z Ca s e Hysen, Trus of the Hysen Living Trust, *June 23, 1988 dated voL 3940PAcr219 -3- v 6A the Lr_dated ,June 23, 1988 I,IVING TRUST on l- aa ilohns ving Trust, daEed .Tune 23, 1988 E1 t Ann , Trustee o t,he ,fohnson ng Trust, dated ,June 23, 1988 R t Robert of the HJl.DOC/DOC4MH 'uot 3940tltt220 -4- EXHIBIT 'A' Parcels l and 2 of Parce1 Map No. SLO-79-L57 in t,he City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded February 25, 1980 in Book 29, page 11 of Parcel Maps, in t,he Office of the County Recorder of said County. EXHIBITA . /OOCSZ. K,fS voL 3940 IAGEZZL I ,-) EXHIBIT 'B' Beginning at the northeast corner of Parce1 I, as shown in Parcel Map SI-,O-79-L57, proceed to a point at bearing N 34014'30'' W, 106.73 feet; Thence N 56033'29r' E. 27.38 feet, to a point; Thence S 81051'39'r E, 63.27 feet to a point; Thence N 45000'45" E, 15.19 feet to a point; Thence S 44o25'57tt E, 20.00 feet to a point; Thence S 28055'00u W, 1-03.76 feet to the point of beginning. EXHTBTTB . /DOCS2. K.IS vol 3940 pAcE?Zz (General Acknowledgment) STATE OF CALIFORNIAcouNryoF San Luis Obi ]rt before me, the undersigned, a Notary publrc jn and for sard State, spo On personally appeared 992 rg R. Hysen personally known to me (or proved to me on the basrs ofsatisfactory evidence) to be ihe p.r*ntrivif.,or" r,i"reGlrs/are subscribed to the wrthrn,"rtrrr"ni "nOar\ noyrtedged to me that heAhe/they .;;;;;;;;; r"nr"rn his/her/their authorrzed,."pr.ii'vfl"il,-".i'i[", Uyh islher/the i r si g natu re(s) on the, nrtr,jr ""i,f,r. p"rr""<0,or the entrty upon behalf of whrch ir.l" p"rr""Tj'l.t"o,executed the instrument WITNESS my hand and officialseal Sig natu re (General Acknowledg ment) STATE OF CALIFORNIA 1994 (This area for official notarial ,eal) ss _bqfore me, the undersrqned, a Notary Publrc in and for said State,Johnson .r couNTY oF San Luis Obispo ) On personally appeared 3, l-992 and Elizabeth Ann personally known to me (or proved to me on the basrs o{ satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the wrthin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorrzed 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. WITNESS my hand and off icialseal Srg natu re area lor official notarial seal) ilIAUREEA V. CHBisTEli$Hrd IIOTTRY PUBilE $1fi 1994 sAil 0BtsP0 Expireson u0,3940 IAGE223 STATE OF CALIFORNIA COUNTY OF San Luis Obispo On August 7, 1992 before me, ) )ss. ) Marilyn Cox Ron Dunin - -personally appeared personally known to me (or Proved to me on the basis of satisfactory evidence) to be the personpfwnose name(p') is/ar'dsubscribed to the within instrument and acknowledged ro me that neb6ltW executed the same rnhislhe(lllw(authorized capacity(iea)f and that by nisllpflthgrr signature(g) on the instrument the pe+son{s}+fhe entity upon behalf of which the -/ personpfacted, executed the instrument. WITNESS my hand and official seal Signature ffhis area for official notarial seal) STA]E OF CALIFORNIA COUNry OF On before me, personally appeared ) )ss. ) ffinnl|"Yt{ Gox I{$T&RV P{JBLIS i"t i$ {}Bt8B0 cdluB{Tv MY 8F,rd Fxpires on [\!ovsmber I 1995 S&LgFSMHI& personally known to me (or 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/herAheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature ffhis area for official notarial seal) tot 3940 p^cEZ\| END OF DOCIJMENT