HomeMy WebLinkAboutD2239 Certificate of Acceptance - Pedestrian Access per Easement Agreement (Slack Street Sidewalk)RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo,
2@260,@A920,
Elaina Cano
San Luis Obispo - County Clerk-Recorder
ot/t2/2@26 11:31 Al'l
Reoorded at the request of:
PUBLIC
Titles:1 Pages:25
Fees: $0.00
Taxes : $0.00Total: $0.0@
tlll ffi llil[F+ltfr liltllIl$flftll ll I
l'{AR 0 6 2026
SLO CITY CLERK
No fee pursuant to Govemment Code $ 6103
No Documentary Transfer Tax per R&T Code E 11922
No Recording Fee per Govemment Code $ 27383
CERTIFICATE OF ACCEPTANCE BY THE CITY OF SAN LUIS OBISPO
PEDESTRIAN ACCESS EASEMENT PER EASEMENT AGREEMENT (SLACK STREET
STDEWALK)
RECORDED December 17,2025 as DOCUMENT NO. 2025038764IN THE OFFICE OF THE
COUNTY RECORDER OF SAN LUIS OBISPO COUNTY,
STATE OF CALIFORNIA
AS SHOWN ON ATTACHMENT 1
vL8q
CERTIFICATE OF ACCEPTAIICE
THIS IS TO CERTIFY that the interest in real as
AGREEMENT, dated December 8,Pol University,
San Luis Obispo to the City of San Luis Obispo, a municipal corporation, is hereby accepted
by the undersigned officer on behalf of the City Council pursuant to authority confened by
Resolution No. 5370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official
Records, Page 878, San Luis Obispo County, California, and the Grantee consents to
recordation thereof by its duly authorized offrcer or his agent.
(1<r,*",[-J *
t2.o.rr',nn** N" "
z6vs 03 8?5 6\0nunrru, 1 , Wtt-Dite )
ATTEST:
Teresa Purrington
City Clerk
CITY OF SAN LUIS OBISPOf,;-4.fu"r
Erica A. Stewart, Mayor
CALIFORN IA 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 truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On b, before me &r'". frrrna:), Notary Public,
personally appeared
Name and Title of the Officerft\ cza"A S+<.ut^rr
Name of Signer(s)
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/
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.
Signature
of Notary Public Place Notary Sea/Aboye
Comm,
SARAAilTAS
xotary Publlc. cllllomh
5.n Lsk Oblrpo C,oortY
Comfillrlon # Z52T7z7
ATTACHMENT 1
(Begins on next page)
TLR No. 2025-SLO-CMP-03
RECORDTNG REQLTESTED BY
AND WHEN RECORDED MAIL TO
2@25038764
Elalne Cano
?i?rf ii;zsrd'?3s_pf; oun*, c rerk_Rccorder
Ff,EijfEd at ths rsquost or:
Tltlcs:1
ii;:;,9$i?6e
I ililt
Pag€s: 2l
The California State University
401 Golden Shore
Long Beach, CA 90802-4210
Attn:Real Estate Services, CPDC
pursuart to and 27383.
EASEMENT AGREEMENT
. _ (SLACK STREET SIDEWALK)
THIS EASEMENT AGREEMENT (this "Easement Aqree!094') is entered into as of
*-centuzr A.20!$by and between Tm BOARD OF'TRUSTEES OF.THE CALIFORNIA
STATE UNIVERSITY, the State of California acting in its higher education capacity, on behalf
of Califomia Polytechnic State University, San Luis Obispo ("Grantot"), and the CITY OF SAN
LUIS OBISPO, a California municipal cnrporation ('Grantee').
RECITALS
A. Grantor is the owner of that certain real property commonly known as California
Polytechnic State University, San Luis Obispo, located at I Grand Ave, in the City of San Luis
Obispo, San Luis Obispo County (the "County"), State of California (the "Grantor.Proprry').
B. Grantor is the State of Califomia acting in its higher education capacity, and is
generally exempt from local ahd regional ordinances, regulations, policies, and rules, including,
without limitation, zoning and land use regulations, when its development, construction, facilities,
and uses are in furtherance of its govcmmental purpose, unless applicable law. speoifically says
otherwise. Califomia Education Code section 66606 vests Grantor with 'trll power and
responsibility in the construction and development of any state university campus, and any
buildings or other facilities or improvements connected with the California State
Universifr." California Education Code section 89031 vests Grantor with the ability to establish
rules and regulations for the governing and maintenance of the buildings and grounds of the
Califomia Sfate University.
. C. Grantor and Cal Poly Corporation, a Califomia nonprofit public benefit corporation
("@!"), are parties to that certain Ground Lease dated October 29,2024 (the "Ground Lease'),
pursuant to whioh Tenant is developing a faoulty and staff housing projeot consisting of for-sale
residential units and related improvements (the "Proiec!'). A Memorandum of Lease with respect
to the Ground Lease was recorded on November 12,2024 in the Offrcial Records of the County
as Document No. 2024-033332.
-t-
DOC #2025038764 Page 3 of21
construction or installation of any Grantee Improvements. Except with respect to any Grantee
Improvements, nothing in this Agreement shall be construed to modi$ any standard of care
imposed by law upon Grantor with respect to the Grantor Property or Easement Area. Nothing in
this Agreement imposes an obligation upon Grantee to construct or install any Grantee
lrnprovements.
(c) Construction of Improvements and Other Work Required Permits. Grantie
acknowledges that construotion or alteration of any improvements and any other work to be
performed within the Easement Area, if any, other than routine maintenance and emergency
repairs, is subjeot to the prior written approval of Grantor inoluding, if applicable, review and
approval ofproposed improvement plans, issuance ofany permiS required in connection with such
work, and inspection of any such work. Prior to commenoing any work in the Easement Area"
other than routine maintpnance and emergency repairs, Glantee shall provide Grantor with no less
than thirty (30) days' prior written notice along with written evidence that Grantee has obtained
all permits and other approvals required in connection with such work. In performing any work
hereunder, Grantee shall commence and diligently pursue the same to completion and shall
maintain the portion of the Easement Arca where such work is being performed in a safe, debris-
free condition. In the event of routine maintenance or emergency repairs, Grantee shall provide
verbal and written notice to Grantor as timely as is reasonably possible, Grantee shall conduct all
aotivities in the Easement Area in a safe, prudent, professional, and workmanlike manner.
(d) Compliance with Laws. Grantee shall comply at Grantee's sole cost and
exp€nse, in its use of and activities within the Easement Area, with all applicable laws, statutes,
ordinances, codes, rules, regulations, orders, and applicable judicial decisions or deorees, as
presently existing and he.reafter amended, including but not limited to all applicable regulatory,
environmental and safety requirements, of any federal, state, county, city, local, or other
govemmental or quasi-govemmental authority, entity or body (or any department, agency or other
instnrmentality thereof), exercising jurisdiction over the Easement Arca, and to property and
persons on the Easement Arca, including those of Grantor that are applicable to the Easement Area.
(e) No Interference with Grantor's Use. Grantee shall not materially or
unreasonably interfere with the use by, and operation and activities of, Grantor on the Grantbr
Propefty, and Grantee shall use such routes and follow'such procedures on Grantoros property so
as to result in the least damage and inconveirience to Grantor's use and operation of and activities
on the Grantor Properly. Honi"t"r, nothing in this section shall be constnred to prohibit thepublio's
use of the Easement Area as a sidewalk for the intended puryoses of this non-exclusive easement.
(D No Hazardous Substances. Grantee shall not use, deposit, release, orpermit
the use, deposit, or release of any Hazardous Substances in the Easement Area or othenvise on the
GrantorProperty. Forpurposes ofthis EasementAgreement, "Hgzgrdgus_Subglgnge!" ineans any
material or substance (i) dgfined as a "hazardous waste," "extremely hazardous waste" or
"restricted hazardous waste" irnder Sections25ll5, 25117 or 25122.7, gr listed pusuant to
Section 25140 of the Califomia Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control law); (ii) defined as a "hazardous substance" under Section 26316 ofthe Califomia
Health and Safety Code, Division 20, Chapter .6.8 (Carpenter-Presley-Tanner Hazandous
Substance Account Act); (iii) defined as a "hazardous material," 'ohazardous substance" or
"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
-3-
DOC #2025038764 Page 5 of 21
in.the Easement Area or with respect to the Easement, (d) the injury or death of any pe$on, or
rqjury to properly, of any kind, which injury or death arises out of or is attributable to the
constuction, maintenanoe, repair or replacement of imp.rovements within the Easement Area by
Grantee or any of the Grantee Parties, and/or (e) any release, deposit, discharge, eniission, leaking
leaching, spilling, seeping, migrating, ir{ecting, pumping, pouring, emptying, escaping, dumping,
disposing or other movement of Hazardous Substances on, in, over, or under the Easement Area
or the Grantor Propetty by Grantee or any of the Grantee Parties in conneotion with their use of
the Easement, including without limitation any design, construction, maintenance, repair, or
replacement of the Easement Area or improvements within it by Grantee or the Grantee Parties.
The foregoing indemnification shall not apply to the extent that any such Indemnified Claims are
solely and directly caused by the gross negligence or willful misconduot of any Indemnified Party.
(a) Indemnification Procedures. Grantee shall be entitled to defend any
Indemnified Claim through counsel of Grantee's choice, which counsel shall be subject 0o
Grantor's prior written approval in its reasonable discretion. Notrn ithstanding the foregoing, (i) if
Grantse shall fail to promptly tAke all reasonable and appropriate action to defend any Indemnified
Claim, then Grantor shall, within a reasonable time following notice from Grantor to Grantee
alleging such failure, have the right promptly to retain counsel of Grantor's ohoice to carry out
such defense, at Grantee's cost and expense, (ii) in all cases Grantor shall be entitled to participate
in the defense of any Indemnified Claim, and (!ii) Grantee shall at all times. during such defense
consult with'Grantor and keep Grantor fully informed of all material matters, and allow Grantor
to provide input on any strategic litigation decisions and/or positions. Grantee shall determine,
with Giantoros reasonable consent, whether to appeal, settle or comprcmise any lndemnified
Claim. Under no oiroumstances shall Grantor or Grantee be requiied hgreunder to disclose to one
another in connection with an Indemnified Claim any information or materials in connection with
an Indemnified Claim to the extent that the applicable party is precluded from disclosing the same
due to confidentiality restrictions binding upon it or such information or materials are protected by
su'ch parly's attomey-client privilege and, with respect to Grantor, not otherwise subjeot to
disclosuro by Grantor under applicable law.
6. Assumption of Risks: Waiver of Liabilitv. Grantee agrees to assume all risk of loss
by fire, flood, earthquake, theft, bccident, or casualty of any kind, whioh may affect the Easement
Area, any improvements consbucted or installed thereon by Grantee, Grantee's use of the
Easement or exercise of the rights granted herein. Grantee waives all claims against Grantor and
each of the Indemnified Parties for loss or damage caused by, arising out of, or in any way
connected with Grantee's use of the Easement or the exeroise of the rights granted hereino exoept
to the extent such loss or damage was caused by the aotive negligence or willful misconduct of
Grantor or its employees or agents
7. Insurance. During the term of this Easement Agreemen! Grantee shall, at its sole
cost and expense, insure its activities in connection with this Easement Agreement and obtain,
keep in force and maintain insurance as follows:
(a) Commercial Form General Liability Insurance (contractual liability
included) with minimum limits as follows:
Each Occurrence $2,000,000
-5-
DOC #2025038764 Page 7 ol 21
afforded by such program is no less broad than the coverage and limits specified above. Prior to
commencing any use of the Easement, Grantee shall provide a letter, satisfactory to Gmntor,
confirming the existence and scope of such self-insurance and certiffing that Grantee meets the
applicable coverage requirements, If at any time Grantee ceases to maintain such self-insuranoe,
Grantee shall obtain and maintain commercial insurance in compliance with the requirements of
this Section 7.
The coverages required herein shall not limit the liability of Grantee.
. 8. Temporary Limitation on Access Rishts. Upon providing reasonable prior written
notice to the other party (and, in the case ofGrantee, after obtaining any reqgired approvals from
Grantor), Grantee and Grantor shall each have the right to temporarily close or reshict access to
the Easement Area as may be .reasonably necessary in connection with the performance of any
constnrotion, maintenance, repair and replacement of improvements within the Easement Area or
the Grantor Property that may affeot access to the Easement Area.
9. Grantor's Reservation of Rights. Grantor reserves the right to use the Easement
Areq including the surfaoe and subsurface are&s within the Easement Area, and all otherportions
of the Grantor Properly and any improvements thereon, at any and all times for purposes.that do
not materially interfCIe with Grantee's or the public's permitted use of the Easement Area. Grantor
reserves the right to gxant easements, licenses and other privileges to any person or.entity over,
under, upon and with respect to any portion or all of the Easement Area and other portions of the
Grantor Property, so long
"s
such uses and/or improvements do not materially interfere (except for
such temporary interference as is expressly permitted under this. Easement Agreement) with
Grantee's or the public's permitted use of the Easement Area.
10. Grantor's Right to Relooate, Grantor may relocate the Easement Area if, in the
opinion of Grantor, it unreasonably interferes with the present or future use by Grantor of the
Grantor Property.. Grantor shall provide to Grantee a substitute Easement Area reasonably suited
to Grantee's needs, on the same terms and conditions provided herein, at no cost to Grantee.
Within 180 days after Grantor's written notice and demand for removal and relocation of any
improvements located in the Easement Area, Grantee shall remove and relocate the improvements
to the identified substitute Easement Area, and Grantee thereupon shall reconvey to Grantor the
Easement herein granted.
ll. Taxes. Grantee alone shall pay all tar<es, charges or use fee(s) levied by any
govemmental agenoy against Granteeos interest in the Easement Area, or against any of the Grantor
Properly solely as a ncsult of the Easement herein granted.
. t2. Default Grantor's Right to SelfHelp. If Grantee fails to comply with this Easement
Agreement or perform any of its obligations herein, Grantor shall give Grantee .written notice
setting forth such failure in reasonable detail, and Grantee must, within fifteen (15) business days
after reoeiving Such notioe, comply with this Easement Agreement perform the obligation or duty
required. Grantee's failure to oomply with this Easement Agreement or fulfill its obligation or
duty within' such. fifteen (l 5) business day period shall constitute. a default by Grantee under this
Easement Agreement; provided, however, if the failure is of a nature that it cannot reasonably be
cured within such fifteen (15) business day period and Grantee commences to oure within suoh
-7-
with copies to:
And to:
Grantee:
'The Califbmia State Universip
Oftice of General Counsel
401 Golden Shore
Long Beach, CA g}s:a2_4210
Atftr:
_U-
niversity Counsel, CaliforniaLuis Obispo
it*T'ifilvtecnnic state universitv, san Luis obispo
San Luis Obispo, CA,g3407
Attr: Vice president, Facilities Management and Dgvelopment
DOC #2025038264 page 9 of21
Polytechnic State University, San
Notice is deemed to be given upon receiot or
$*nnnmrn4ryfdnfu'sgqg;ifu ft !ffi.f1ts actually received' the hsf adGt,
""0 i.iit *." rir ru"r, ua'ii"'or"" continues in effect for a'pur:poses hereunder. '' --- ""'v sss
15' Not a hrblip Dedioatieq. Nothing herein shalt be deemed a dedication of thetsasement Area or *" portioiiTEiH"r"r p.i'"*y.i&;il;"ipubtic
whatsoever, ir;ing*L1T:g:l:*l" p'"'ti* r'"ti,fr't ,illlXi'd,,h'"riilfuT;;il,,,ited
to and ro,
'r"
pu.io,",
^-^,- -16' " Ng Arrry:.tlgy :g:*t".l 01u1*. shau not voruntarily or bv operation of rawassrsn' rransfer. ri."n.u, o-r ofrffiffi"'i:L*;; e* JiiiJiigilr., duries, or interests in thisEasement Agreement *itn;tat;#il,l;i*-* consent, *rri.ji ilrv be granred or withherd:1"fiHffiitrj"":i'.".-,i*. a"v "iiiiiio -ur" an assignmenrrn vioration of this provision
City of San Luis Obisno
990 Palm Sheet
San Luis Obispo, CA 93401Ath: Public Works Direcror
17. Miscellaneous.
of the state,[?rr"#is Easement Agreement shail be construed in accordance with the raws
(b) This Edsement Agrrement.mly o" executed in one or r40re counterparts,:*;f-H}lar be deemJ;il;1,"ilra' or"wijcn ,"u.rri* ,r,rr constiturc on, uoi tl,,
-9-
DOC #2025038764 Page 11 of21
IN WITNESS WIIEREOF, the parties hereto have caused this Easement Agreement to be duly
executed as of the date firit written above.
GRANTOR:TTIE BOARD OF TRUSTEES OF TIIE
CALIFORNIA STATE UNIVERSITY, the State
of Califomia aoting in its higher education
capacity, on behalf of CaliforniaPolytechnic State
University, San Luis Obispo
By
Name: ?*,u G lr.'p.of
Title: Assistant Vice Chancellor, Capital
Planning, Design and Construction
GRANTEE:CITY OF SAN LIIS OBISPO, a Califomia
municipal corporation
By:
Name: *'n o- *- .ffaoaf,*
Title:
ACKNOWLEDGED:
TENANT:CAL POLY CORPORATION, a California non-
profit
By:
Name:
Title:
-l 1-
DOC #2025038764 Page 13 of 21
CALIFOR]IIA ALL.PIJRPIOSE ACKIIOWLEDGMENT crvrL coDE s 118s
A notary public or other officer completing this certificate veriffes only the identig 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 I */ tb/-tE before me,
lnsert Name and Title of the
? J^-l ln-r-,>Hr
Name(s) af Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the withln instrument and acknowledged to me that he/she/they executed the same in
his,/her/their authorized capacity(ies), and that by hiVher/their signature(s) on the instrument the person(s),
or the entlty 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 conect.
WITNESS my hand and officialseal.
Date
personally appeared
Signature
LLtr
6.1
Signature of Notary Pubtic
Place Nolary Seal Above
OPTIONAL
Though this secfion is optional, completing this information can deter alteration of the document or
fraudulent raltachment of this form to an unintended doemeht.
Description of Attached Document
Title or Type of Document:
Document Date:Number of Paqes:
Signer(s) Other Than Named Above:
Gapaclty(les) Glatmed by Signer(s)
Signer's Name:Sioner's Name:
n Corporate Officer - Title(s):Officer *
!Partner - trLimited EGeneral
tr lndividual [J Attorney in Fact
E Trustee E Guardian or Conservator
tr Limited n
flCorporate! Paftner -n lndlvidual
E Trustee
tr Attomey ln Fact
E Guardian or Conservator
tr Other:E Other:
Signer ls Representing:Slgner ls Representing:
CINDY PILG
Xoury Publlc . Crilfornta
Sln Lulr obbDo Countv
conntrton i 2srgsei
n^t 26,2029Comm.
@201 6 Natonal Notary Assoclation . www,NationalNotary.org . 1-800-US NOTARY (1 -800-876-6827) ltem #5907
DOC #2025038764 Page 15 of21
F"KHIBITA
LEGALDESCRIPTION
fitose portions of Slack Steet and Cirand Avenue as shoum on fts mep filed in Book I 02 of Reoords of Survey at Pages
55 thoug! 60, inchuive, in the 0ffice offte County Recorder, County of San Luis Obupo, Stat€ of Califondq described
as follows:
Connencing at a point on the northerly right-of-way line of Slack Steet of said Records of Survey, eaid point
beiug South 87"55'42" East a distance of 874.14 feet from the westerlytenniuus ofthe coruse shovm as
S87o5542'E 1084.07' of the said nctlrerly riglt-of-way lino of Slack Steeg thence,
Leaving said northerly rigfut-of-way line Souft 2o04'18" West a distance of 37.50 feetto the Point of Beginning;
thence,
North 87"5542n West a distance of 132.50 feet thence,
South 87"1021n West a distance of 17.56 feet; thence,
North 87o55'42n West a distsnce of 39.00 feet; the,nce,
North 83001'46" West a distsnce of 17.56 feet; ftence,
North 87o55'42n West a distance of 296.00 feef, thence,
South 87"1021" West a distanoe of 17.56 feet; the,nce,
North 87o5542n West a distance of 39.00 feet; fte,lrce,
North 83o01?6n West a distance of ll.56 feet; the,nce,
North 87"55'42"'West a distance of 235,78 feeg thence,
South 83'5629n West a distance of 7.O7 feet; thence,
North 87'55'42" Wcst a distanco of 6.00 feeg thence,
North 79o47'54tr West a distsnce of 7.07 feeg thence,
North E7o55'42r'West a distance of 12.19 feet; thence,
North 2o04'18" East a distance of 1.50 feet; thenog
North 87"55'42" Wqst I distance of 26.24 feet to a guwe ooncaw to the northeast baving a radius of 25.00 feeg
thence,
Wesierly, northwesterly and northerly along said ourve tbrough a cenhal angle of 89058'59" an arc distance of
39.26feet; thenog
North 87o56'43n West a distance of 76.53 feet to a surve conoave to the northwest having a radius of 26,?.6 fw1
the radial bearing to the beginning of said crwe being South 43"49'15" Easg thence,
Southerly, southwesterly and westerly tbrough a cental angle of 45'52'02" an arc distance of 21.02 feet; thence,
North 87o57'13" West a distance of 414.36 feet; thence,
North 82'2740n lt/est a distance of 52.24 feet; thencq
North 87o57r13u \lrest a distance of 158.53 feet; thence,
South 88'50'33n West a distance of 89.46 feet; thence,
North 87057'13" West a distance of 116.58 fee! thence,
North 2o02'47u Esst a distance of 7.50 feeg thencg
DOC#2O25O38764 Page 17 o121
North 47oO4'18'East a distance of 6.71 feef thenoe,
South 87o55'42" East a distance of 130.92 feet to a point being Norttr 2oM'18 East from the Point of BWirning;
thencc,
South 2o04'18" West a dietanoe of 11.50 feet to the Point of Beginning.
The land deecribed is shoum graphically on Exhibit B.
4su,*
09rc2r202s
uc. No.756r
GRANDAVE
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DOC #2025038764 Page 19 of21
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DOC #2025038764 Page 21 of 21
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GRANDAVE
END OF DOCUMENT