HomeMy WebLinkAboutD2241 Certificate of Acceptance - Storm Drainage Equipment Easement 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@26A0@918
Elaina Cano
3?? rli i;,rSoi i?3, -ofi ."" r y c I e r k -Recor der
Bitif8, at the request of:
Titles: l pages:21
Fees : 90. OOTaxes: 'SO.OO
Totat: go.Oo
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l.lAR 0 6 2026
SLO CITY CLERK
No fee pursuant to Government Code $ 6103
No Documentary Transfer Tax per R&T Code $ 11922
No Recording Fee per Govemment Code $ 27383
CERTIFTCATE OF ACCEPTANCE BY THE CITY OF SAN LUIS OBISPO
STORM DRAINAGE EQUIPMENT EASEMENT PER EASEMENT AGREEMENT
RECORDED December 17,2025 as DOCUMENT NO. 2025038755 IN THE OFFICE OF THE
COUNTY RECORDER OF SAN LUIS OBISPO COUNTY,
STATE OF CALIFORNIA
AS SHOWN ON ATTACHMENT 1
)22q \
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in
AGREEMENT, dated December 8,2025
as conveyed EASEMENT
CITY OF SAN LUIS OBISPO
Erica A. Stewart,
U
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 conferred 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 officer or his agent.
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ATTEST:
Teresa Purrington
City Clerk
CALIFORNIA ACKNOWLEDGEM ENT
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this ceftificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of San Luis Obispo )
On Jqx,^a4a-?lz.oZ9, before ^", , Notary Public,
personally appeared &{CLy fr S+&^\o,.(
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
Signature of Notary Public Place Notary Seal Above
san Lulr oblspo Coonty
commltrlon 1 2527727
Jul
SAMARTAS
tlotiry Publl( - Crllfornh
ATTACHMENT 1
(Begins on next page)
2425A38755
Elaina Cano
9gn.Lq!?_Qbtepo - County Clenk-Recorderl2ll7l2g23 Oz'tog Pn
FtJETfE. at the rsqusst of:TLR No. 2025-SLO-CMP-06
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
The Board of Trustees of the Califomia State
University
401 Golden Shore, 4th Floor
Long Biach, CA 908024210
Attn: CPDC
TItles: I
Fees: tiO,00Taxee:'$O.00To. . :a ^^
I
Pagec: t7
illll
THIS EASEMENT AGREEMENT.(this "@!Lgreemen!'') is entered into as of
@ 2OLS_, by and between TIIE BOARD OF TRUSTEES OF THE
CALIFORNIA STATE UNIVERSITY, the State of Califomia acting in its higher education
capacity, on behalf of Cblifornia.Polytechnic State University, San Luis Obiqpo ('Grantor,'), and
the CITY OF SAN LUIS OBISPO, a Califomia municipal corporation ('Graqlgg").
pursuant to California Government Code sec,tions
TThe undersigned grantor declares:
Documentary Trursfer Tar( due $ _0.00_
_X_Computed on full value ofproperty conveyed, or
_ Computed on full vatue less liens remaining at time of sale
EASEMENT AGREEMENT
RECITALS
A. Grantor is the ownerof that certain r€al property commonly known as Califomia
Polytechnic State Univercity, San Luis Obispo, located at I Crand Ave, in the City of San Luis
Obispo, San Luis Obispo County (the.."County"), State of Califomia (the "Grantor ProEI!y").
B. Grantor is the State of California acting in its higher education capaoity, and is
generally exempt from local and 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 govemmental purpose, unless applicable law specifically says
otherwise. California Education Code section 66606 vests Grantor with "full power and
responsibility in the construction and development of any state university campus, and any
buildings or other facilities or improvements connected with the Califomia State
University." Califomia Education Code section 89031 vests Granior with the ability to establish
rules and regulations for the goveming and maintenance of the buildings and grounds of tlre
Califomia State University.
C. Qrantorand Cal Poly Cotporation, a Califomia nonprofitpublic benefitcorporation
('&qgq!"), are parties to that certain Ground Lease dated Octobei29,2024 (the "Groundlease'),
pursuant to which Tenant is developing a faculty and staff housing project consisting of for-sale
residential units and related improvements (the "fuigg'). A Memorandum of Lease with respect
-l-09il7n025
DOC #2025038755 Page 3 of 17
(b) Renair and Maintenance. Grantee shall repair and maintain the Easement
Area together with any improvements now existing or hereinafter construc.ted or installed within
the Easement Area by Grantee ('Grantee Imprcvements") or associated with Grantee's use of the
Easement Area, and shall keep the Easement Area and such improvements in a safe and well-
maintained condition. The operation, repair and maintenance of the Easement Area and such
improvements shall be at Grantee's sole cost and expense.
(c) Construction of Imonovements and OtherWork: Requircd Permits. Grante
acknowledges that construction or'alteration of any improvements and any other work to be
performed within the Easement Area, other than routine maintenance and emergency repairs, is
subjeot to the prior written approval of Grantor including, if applicable, roview and approval of
proposed improvement plans, issuance of any permits required in conneotion with zuch work, and
inspection of any such work. Prior to commencing any work in the Easement Area, other thar
routine maintenancb and emergency repairs, Grantee shall provide Grantorwith no less than thirty
(30) days' prior written notice along with'written evidence that Grantee has obtained all permits
and other approvals rcquircd in connection with such work. In performing any work hereundern
Grantee shall commence and diligently pursue the same to completion and shall maintain the
portion of the Easement Area 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, pmfessional, and workmanlike manner.
(d) Comnliance with Laws. Grantee shall comply at Grantee's sole cost and
expens'e, in its use of and activities.within the Easement Area, with all applicable laws, statutes,
ordinances, codes, rules, rcgulations, orders, and applioable judicial decisions or decrees, as
presently existing and hereafter amended, including but not limited to all applicable regulatory,
environmental and safety requirements, of any federal, state, county, city, local, or other
govemmental orquasi-governmental authority, entity or body (orany department, agenoy orother
instrumentality thereof), exercising jurisdiction over the Easement Anea, and to property and
penions on the Basement Area, including those of Grantorthat are applicable tothe Easement Ar€a.
(e) No Interference with Grantor's Use. Grantee shall not materially or
unreasonably interfere with the use by, and operation and aotivities of, Grantor on the Grantor
Pmperty, and Grantee shall use such routes and follow such procedures on Grantor's property so
as to result in the least damage and inconvenience to Grantor's use and operation of and activities
on thp Grantor Property.
(f) No Hazardous Substanoes. Grantee shall not use, deposit, release, orpermit
the use, deposit, or release of any Hazardous Substances in the Easement Area or otherwise on the
GrantorProperty. Forpurposes ofthis Easement Agreoment, "HgzgldougSubstances" means any
material or substance (i) defined as a "hazardous wastern' "extremely hazardous waste" or
"restricted hazardous waste" under Sections25ll5, 25117 or 25122.7, or listed pursuant to
Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (llazarrdow
Wdste Contrql law); (ii) defined as a "hazardous substance" under Secti on 26316 of the Califomia
Health and Safety Code, Division 20, Chapter 6.8 (Carpentqr-Presley-Tanner Hazardow
Substance Account Act); (iii) defined as a "hazardous material," "hazardous substanoe" or
"hazardous waste" under Section 25501 of the Califomia Health and Safety Code, Division 20,
-3-091t7n025
Indemnined"f:il,h*m"E:::illX,l"h$,':fi,,,?"0:nii",,,il
Grantor's prior written approval in its reasonable discretion] N"r\niirr.r.nd.ing the forego;& (i) ifGnantee shall fail to oromptlv trt"
"ii t*J""urtfi;q;.otriJJi,"" to defend anytna",,,nitiufiii+;*:f#il?J 'r'uii''*itr,ii ' .#l'ii"ur" ,i'"?[ri"i,e i*i,. rrom Grant-or to Grantee,u,r,.aEr,n,";;a;,3,:J::#_.':f##g'i,j:i!tHffiii*i*tr*llffi
Til.il,r:,:in the defense of anv lna"*ir"o-iffi,ft iiiu c*ii". Jii'rT", times during.u"h drf"n*consult with Grantor
"no rtop ci"ii"r'i"" ri"i,n"Jffiffi#ar matters, and arow Granrorto provide input on rnv. **tJgi; til;;;ili":,.r*;;@;;:Hil:,_.
Grantee sha, determine,with Grantor's reasonabr. *i..ri,'"*rr.irr"i to upp"rr, ,"ni" oi-"o,npromise any Indemnifiodclaim' under no circumstances shair c*"i",
", cri"rrl ;;;uiil hercunder to discrose to oneanother in connection wi't a" l"["tnid"a cil11" any informatloior-utrriars in connection witrran Indemnified claim totheextenid;;t *ry* q"#runed from discrosingthe same
iil'"r:ll,T'illl?/"^|flil;#1ffi#" it or such i,iro,fiutioi'o, mate4iars are pr6tected byai*r"I""Jui A#ili;:il,?i.#,"':ff; and.' with respect t;';;;;', not otherwise subject to
bYnre'ft""'' ?ili:i'ffi';:;Tffi?ii"#lH;Area, any imnrovemenlr. ronrr-"tJ'o'."in-rrufl.a,ril"[.i*'ili,d#nr"",
Granree,s use of theEasement, or exercise olrp J.ertir sr-ii rJ.:rg g_";i;yiidJi.craims against Grantor and
each of the Indemnin"a puni?r-iJiil;;image
caused uv, uiirg out of, or in any wayconnected wirh Grantee's ure or ttr" ausl,r,lni g ,qi "*"*i." "iir,l ,iel,r_ ry.!1"9 rr9r"in,-,"*".pt8Jff":TlJ, xl,";*l H*i.;;''J#l o' ;*;;* ffi ffi; or.wirfu r m iscond u* of
DOC #2O2SO387SS page 5 of 17
The shall not apply to the extent any suchthat
of any Indemnified
are solely
Party.
and directly caused by the gross negligence or willful misconduct
7' Insurance'
.During the term of this Easement Agreement, Grantee shall, at its sole;Hi;li#:"#i;:ffi ,;m*:n j*ru::';;fi .li'tt;:H*ag.".Lii;noo;uio,
included)*itrrsoilnuioi#iltt#'"i!;ff. General Liabilitv Insurance (contractuat liabitity
-5-
09n7n02s
DOC#2025038755 PageT of 17
Notwithstanding the foregoing, if Grantee maintains a pro$am of self-insurance, such
prcgram shall be deemed to satisfy the requirements of this Section 7, provided that the protection
afforded by such prognm is no less broad than the coverage and limits specified abovg. Prior to
commencing any us€ of the Easement, Grantee shall provide a letter, satisfactory to Grantor,
confirming the existence and scope of such self-insurance and.certifying that Grantee meets the
applicable covefage requirements. If at any time Grantee ceases to maintain suoh self-insurance,
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. Temoorarv Limitation on Access Rishts. Uponproviding rcasonable prior writter
notice to the other party (and, in the case of Grantee, after obtaining any required approvals from
Grantor), Grantee and Grantor shall each have the right to temporarily close or restrict access to
the Easement Area as may be reasonably necessary in'connection with the performance of any
construotion, maintenanoe, repair and replacement of improvements within theEasement Area or
the Gr:antor Property that may affect access to the Easement Arca.
9. Grantor's Reservation of Rishts. Grantor r€serves the right to use the Easement
Area, including the surface and subsurface areas within the Easement Area, and all other portions
of the Grantor Property and any improvement( thereon, at any and all times for purposes that do
not materially interfere with Grantee's permitted use of the Easement Area. Grantor reserves the
right to grant eas€ments, licenses and other privileges to any peron or entity over, under, upon
and with r€spect to any portion or all of the Easement Area and other portions of the Grantor
Property, so long as such uses and/or improvements do not materially interfere (except for such
temporary interferenoe as is expressly permitted under this Easement Agreement) with Grantee's
permitted use oJthe Easement Area.
10. Grantor's Risht to Relocate. Grantor may relocate the Easement Area if, in the
opinion of Grantor, it unreasonibly interferes with the prpsent or future use by Grantor of the
GrantorProperty. Any such relocation shall be at Grantor's sole cost and expense. Grantor shall
provide to Grantee a substitute Easement Area reasonably su.ited to Grantee's needs, on the same
terms and oonditions provided hercin, 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 thd identified substitute
Easement Area, and Grantee thereupon shall reoonvey to Grantor the Easement herein granted.
ll. Taxes. Grantee alone shall pay all taxes, charges or use fee(s) levied by any
govemmental agenoy against Grantee's interest in theEasement Area, oragainst any ofthe Grantor
Property solely as a result of the Easement herein granted.
12. Default:Grantor's Rightto SelfHelo. IfGranteefailsto complywiththisEasement
Agreement or perform any of its obligations herein, Grantor shall give. Grantee written notice
selting forth such failure in rcasonable detail, and Grantee must, within fifteen (15) business days
afterreceiving such notice, comply with this Easement Agreement perform the obiigation or duty
required. Grantee's failure to comply with this Easement Agreement or fulfill its obligation or
duty within such fifteen (15) business day period shall constitute a $efault by Grantee under this
-7-0911712025
DOC #2025038755 Page 9 of 17
with copies to:The Califomia State University
Office of General Counsel
40l Golden Shore'
Long Beach, CA 908024210
Attn: University Counsel, Califomia Polytechnic State University, San
Luis Obispo
And to:Califomia Polytechnio State University, San Luis Obispo
I Grand Ave,
San Luis Obispo, CA,93407
Attn: Vice President, Facilities Management and Development
Gnantee:City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: Public Works Director
Notice is deemed to be given upon receip or refusal of delivery by the applicable addressee. The
addresses and addressees forthe purposes of this Section may be changed by giving written notice
of such change in a manner provided herein for giving notice. However, until such written notice
is actually received, the last addrrss and addressee for such addressee continues in effeot for all
pulposes hereunder.
15. Not a Publio Dedication. Nothing herein shall be deemed a dedication of the
Easement Area or any portion of the Grantor Property to or for the benefit of the general public
whatsoever, it being the intention of the parties hereto that the Easement shall be strictly limited
to and for the purposes herein exprcssed.
16.' No Assienment bv Grantee. Grantee shall not voluntarily or by operation of law
assign, transfer, license, or otherwise transferall or any part of its rights, duties, or interests in this
Easement Agreement without Grantor's prior written consent, which may be granted orwithheH
in Grantor's sole discretion. Any attempt to make an assignment in violation of this provision
shall be null and void.
17. Miscellaneous.
(a) This Easement Agreement shall be construed in accordance with the laws
of the State of California.
(b) This Easement Agreement may be executed in one or more counterparts,
each of which shall bE deemed an originat,' but all of which together shall constitute one and the
same instrument.
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DOC #2025038755 Page 1 1 of 17
IN WITNESS WHEREOF, the parties hereto have oaused this Easement Agreement to be d uly
executed as of the date first written above.
GRANTOR:THE BOARD OF TRUSTEBS OF THE
CALIFORNIA STATE I.JNIVERSITY
By:
b^Name:\,L dr--.*,o€
Title: Assistant Vice Chancellor, Capital
Planning, Design and Construction
GRANTEE:CITY OF SAN LUIS OBISPO, a Califomia
By:
-rName: Eri ct-- .+- Eta-ror+Title: l\asar
ACKNOWLEDGBD:
TENANT:
U
CAL POLY
profit
By:
Name:
Tltle:
ON, a Califomia non-
corporation
-l l-o9^7n025
DOC #2O25OdAZSS Page 13 of 17
CALIFOR]IIA ALL-PURPOSE ACKIIOWTEDGIf,E]IT crvrl coDEs 118s
A notary public or other officer completing fiis certificate verifies only the identity of the individual who signed the
document to which this ceftlfrcate is attached, and not the truthfulness, accuracy, or valldlty of that document.
State of California )
Countyot L nL*t?abtbl' )
On t4,lL before me,
Me Here lnseft and of the Offrcer
personally appeardd L:.4:l l/t+=tue*t
Name(s) of Signefls)
It
who pLoved 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
hiVher/their authorized capacity(les), and that by hiV?rer/their signatur.e(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the initrument.
I certlff under PENALW OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and conect.
WITNESS mv hand and official seal.'t
Signatu16
Signaturc of Notary Publlc
Place Notary Seal Above 16?r r,.,
--oP.Tlot{AL
Though this secllon is optional, completing this information can deter alteration of the document or' fruudulent reathchment of this form to an unlnEnded documefit.
Descrlptlon ol Athched Document
Tltle or Type of Document:
Document Drite:Number of Pages:
Signe(s) Other Than Named Above:
Gapaclty$es) Glaimed by Sign€r(ef
Signer's Name:Signer's Name:_
E Corporate Officer - Title(s):Corporate Officer - Title(s):
nPartner - trLimited trGeneral
tr lndlvidual tr Attomey in Fact
n Trustee tr Guardian or Gonservator
E Othen
n Partner - tr
tr lndlvidual! Tlustee
Limited ! Generhl
n Attomey ln Fact
D Guardian or Conservator
tr Othen
Signer ls Representing:Signer ls Representing:
SNDY PILG
Nobry lubilc - C.lffornh
Sm Lulr obhF County
Commls3lor + 25t59t3
llil 16, 1029Comn.
@2016 National Notary lese6iation . vvrvw.NationalNotary.org . 1 -80G.US NOTARY (1-800-876-6827) ltem *15907
DOC #2025038755 Page 15 of 17
EXHIBITA
LEGALDESICRIPTION
That poftion of Slack Street as shown on fte map fild in Book 102 of Reconrls of Srwey at Pages 55 ftrough 60,
inclwive, in tre Office ofthe Cormty Rocorder, Couty of Stan I;ris Obiepo, Statc of Califomb described as follows:
Commencing at a point on the northerly right-of-way line of Slack Steet as shorm on said Record of Surven
North 87o57'13" Wost a distance of 65.52 feet from the easterly terminus of the course shown as N87o5734i$r
.1496.07' of the saidnortherly right-of-way line of Slsck Streeq thence,
Imving said northuly right-of-way line South 2o02'47" \jVest a distance of 28,71feet to the Point of Beginning;
thernce,
South 2o02'47" W€st a distatrce of 7,52 feog thence,
North 87o56'43" West a distance of 10.00 feeg thence,
North 2o02r47'East a distance of 7.51 feet; thencg
South 87"5713" East a digtanoe of 10.00 feet to fte Point of Beginning.
The land desc-dbed is shown graphically on E:rhibit B,
4-su*
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GRAPHICSCATE
EXIIIBITB
LEGALDEPICTION
GRANDA\G.
DOC#2025O38755 Page 17 of 17
FOUND5/S REEAR&CAP
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FOUND SPIKE AND TAG
7065'PER toa/Rs/sSd0
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