HomeMy WebLinkAbout07-20-2015 Marsh Street Brownstones LLC - Grant of No Build Easement and AgreementRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401 -3218
APNs: o0Z- q37- 04f
GRANT OF NO BUILD EASEMENT AND AGREEMENT
(NEGATIVE EASEMENT)
This NO BUILD EASEMENT AND AGREEMENT ( "Easement Agreement ") is made
and entered into as of __, 2015 (the "Effective Date "), by and between
MARSH STREET BROWNSTONES LLC, a California limited liability company ( "MSB "),
and the CITY OF SAN LUIS OBISPO, a municipal corporation ( "City ").
A. MSB is the owner of the real property described in Exhibit A (the "Subdivision ")
and Exhibit B ( "Lot 26 "), attached hereto.
B. MSB is in the process of recording a Parcel Map, SLO14 -0077, for the division
of the Subdivision property, which adjoins Lot 26.
C. In order to comply with the approved tentative map for the Subdivision property
and process said Parcel Map, the City is requiring MSB to grant City a no -build easement
over a portion of Lot 26.
NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
1. Grant of Easement. Subject to the terms and conditions contained herein, MSB
hereby grants to the City, and City hereby accepts from MSB, a "no- build" easement (the
"No -Build Easement ") upon that portion of Lot 26 that is legally described in Exhibit C,
which shall be for the benefit of the City of San Luis Obispo. The provisions of the No -Build
Easement shall be solely as set forth herein. Additionally, upon transfer of Lot 26 to third
parties, it is intended that the No -Build Easement shall benefit and be appurtenant to the
adjoining property currently described as Lot 25 in Exhibit A (but which shall be Parcel 7
under Parcel Map SLO14- 0077).
2. Acceptance By Grantees. The City of San Luis Obispo does hereby accept the
foregoing grant of the No -Build Easement.
111
3. Character of Easement. MSB and City acknowledge and agree that the No-
Build Easement is non - exclusive and in gross. Provided, however, the easement rights set
forth herein for the benefit of City shall be paramount and superior to the rights of MSB and
all other persons and entities
4. Agreement Not to Construct. The parties agree that no buildings, structures or
similar surface improvements shall be constructed or allowed within the No -Build Easement
area; provided, however, this Easement Agreement shall not prevent the No -Build
Easement area from being used for driveways, sidewalks, curbs and gutters, and
landscaping, and nothing contained herein shall restrict the parties from constructing
underground water, sewer, gas or electric utilities and appurtenances within the No -Build
Easement area, provided that there is compliance with Zoning and Building Code
regulations.
5. Amendment of Easement Agreement. This Easement Agreement shall not be
amended, revoked or altered by the parties without the written consent of the City, which
consent shall be recorded in the Official Records of San Luis Obispo County, California.
6. Nature and Effect of Easements and Restrictions. Each and all of the
easements, covenants, restrictions and rights contained herein are made for the benefit of
MSB and City, constitute covenants running with the land and shall bind every person or
entity having any interest in any portion of Lot 26.
7. Notices. All notices, demands, requests, and exercises under this Agreement
by either party shall be in writing and be served by delivery to the other party's address as
follows:
If to MSB: Marsh Street Brownstones LLC
735 Tank Farm Road, Suite 240
San Luis Obispo, CA 93401
Facsimile: (805) 595 -5441
Email: andvmanaano7@gmail.com
If to City: City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401 -3218
8. Headings, Recitals. The section headings which appear in some of the
sections of this Agreement are for purposes of convenience and reference and are not
in any sense to be construed as modifying the sections in which that appear. The
recitals set forth above are incorporated into and made a part of this Easement
Agreement.
9. Construction. The parties acknowledge that they have reviewed and
revised this Easement Agreement, and their counsel has done or has had the
-2-
opportunity to do the same, and agree that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party shall not be employed
in the interpretation of this Easement Agreement or any exhibits or amendments hereto.
10. Successors and Assigns. This Easement Agreement shall be binding
upon and inure to the benefit of the parties and their respective successors and assigns.
EXECUTED AT SAN LUIS OBISPO, CALIFORNIA on the date set forth above.
MSB:
MARSH STREET BROWNSTONES LLC,
a CalifpmlA limited liability company
By:
Name: Andrew D. Mangano" -
Title: Manager `
CITY OF SAN LUIS OBIS
nftBy: C.
Jan IrV Mayor
PursLfa2f to authority conferred by
Reso lore No. 5370 (1984 Series)
T:\ clients \SLOLifelnvest \MSB \GrantOfNoBuildEasement -C LEAN070915(ByCity)
90
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 attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of e?n) LiA, 2 N11c;T0
T
On ' 1F), -1411 before me, W ��1� li�ii� notary public
personally appeared V U. 1V1 a , who proved to me on the basis
of satisfacto evidence to be the person . wh,� se name,( 01/are subscribed to the within instru ent and acknowledged
to me that lshe /they executed the same in i /her /their authorized capacity(iosj, and that by /her /their signatures
on the instrument the person' or the entity upon behalf of which the person* 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
LINDA CERESETO
u; Commission 4* 2029945
z Notary Public • California i
San Luis Obispo Count
My Comm, Expires Jun 21, 2017
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 attached, and not the truthfulness, accuracy, or validity of
that document.
State of California
County of
107,
before me,
notary public
personally appeared 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)
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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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 fa>a,n Lu %s Q\ ,&F0
On _ 1tt 20 before me, Ar,`i-\c,��_
Date Here Insert Na4 and Title of the Officer
personally appeared 7__K_a vn Mar �
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the erson(s) whose nam*)G)w
subscribed to the within instrument and aeknowled ed to me that WAno�dy executed the same in
ohKj ee /qtr authorized capacit04, and that by . herf- signaturew on the instrument the person(*
or t e entity upon behalf of which the persoqKacted, executed the instrument.
AI�TFItIMIlil Ir1EJll1
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Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my and and official seal.
r
Signatur t'rn
Si a re of No ry c
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: ,Der -k. -iii %k - VO r.G'ii Document Date: 0-11 zoi 5
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Si ner's Name: x-�
JY Corporate Officer — Title(s): "-A �4r, r
I -i Partner — I i Limited I._� General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
i�= s= �, ��C: �. �;' �c^ �t�` r�. ���= v��. �x. c% �. �: �. c=' t^ rc. �. c.' u, �:= �; �, c.• cc. �� .�.,s�t.^�:��-c�- w:��s�c� -:�:.�
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
Exhibit A
MSB PROPERTY
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL 1: (APN: 002 - 437 -034 AND 002 - 437 -035)
LOTS 19 AND 20 IN BLOCK 29 OF BUCKLEY TRACT, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED IN
BOOK A PAGE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJOINING THE LAND ON THE
NORTHWEST, THAT WOULD ATTACH BY OPERATION OF LAW, AS VACATED BY THE CITY
COUNCIL OF THE CITY OF SAN LUIS OBISPO BY RESOLUTION NO. 3939 (1979 SERIES), A
CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 28, 1979 IN BOOK 2181 PAGE 85 OF
OFFICIAL RECORDS.
PARCEL 2: (APN: 002- 437 -036 AND 002 - 437 -037)
LOTS 21 AND 22 IN BLOCK 29 OF BUCKLEY TRACT, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED IN
BOOK A PAGE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJOINING THE LAND ON THE
NORTHWEST, THAT WOULD ATTACH BY OPERATION OF LAW, AS VACATED BY THE CITY
COUNCIL OF THE CITY OF SAN LUIS OBISPO BY RESOLUTION NO. 3939 (1979 SERIES), A
CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 28, 1979 IN BOOK 2181 PAGE 85 OF
OFFICIAL RECORDS.
PARCEL 3: (APN: 002- 437 -038 AND 002 - 437 -039)
LOTS 23 AND 24 IN BLOCK 29 OF BUCKLEY TRACT, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED IN
BOOK A PAGE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJOINING THE LAND ON THE
NORTHWEST, THAT WOULD ATTACH BY OPERATION OF LAW, AS VACATED BY THE CITY
COUNCIL OF THE CITY OF SAN LUIS OBISPO BY RESOLUTION NO. 3939 (1979 SERIES), A
CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 28, 1979 IN BOOK 2181 PAGE 85 OF
OFFICIAL RECORDS.
PARCEL 4: (APN: 002 - 437 -040 AND 002 - 437 -041)
LOT 25 AND A PORTION OF LOT 26 OF BLOCK 29 OF BUCKLEY TRACT, IN THE CITY OF SAN
LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP
RECORDED IN BOOK A, PAGE 46 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF MARSH STREET, 70.00
FEET WIDE, WITH THE SOUTHWESTERLY LINE OF TORO STREET, 60.00 FEET WIDE; THENCE
ALONG THE NORTHWESTERLY LINE OF SAID MARSH STREET, SOUTH 53 °07' WEST, 169.22
FEET MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF SAID LOT 25, THE TRUE POINT
OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID LOT 25 NORTH 36 113'50'°
Exhibit A
Page 1 of 2
WEST, 125.00 FEET, MORE OR LESS, TO THE NORTHWESTERLY CORNER OF SAID LOT 25;
THENCE NORTH 53 02335" EAST, ALONG THE NORTHERLY LINE OF SAID LOTS 25 AND 26 TO
THE WESTERLY LINE OF PARCEL 2 OF PARCEL MAP NO. SLO 79 -054 ACCORDING TO MAP
RECORDED MAY 3, 1979 IN BOOK 28, PAGE 39 OF PARCEL MAPS, SAID LINE HAVING A
BEARING OF SOUTH 48 004'55" EAST; THENCE ALONG SAID WESTERLY LINE OF SAID PARCEL
MAP, SOUTH 48 004'55" EAST, 125.55 FEET, MORE OR LESS, TO THE NORTHWESTERLY LINE OF
MARSH STREET; THENCE SOUTH 53 °07' WEST, ALONG SAID NORTHWESTERLY LINE TO THE
TRUE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF THE VACATED ALLEY ADJOINING THE LAND ON THE
NORTHWEST, THAT WOULD ATTACH BY OPERATION OF LAW, AS VACATED BY THE CITY
COUNCIL OF THE CITY OF SAN LUIS OBISPO BY RESOLUTION NO. 3939 (1979 SERIES), A
CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 28, 1979 IN BOOK 2181 PAGE 85 OF
OFFICIAL RECORDS.
Exhibit A
Page 2 of 2
Exhibit B
Lot 26 in Block 29 of Buckley Tract in the City of San Luis Obispo, County of San Luis Obispo,
State of California, according to the Map filed in Book A of Maps at Page 46 recorded in the Office
of the County Recorder of said County.
EXHIBIT C
LOT 26 NO -BUILD EASEMENT
LEGAL DESCRIPTION
A portion of Lot 26 in Block 29 of Buckley Tract, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to the map filed in Book
A of Maps at page 46, in the office of the County Recorder of said County
described as follows:
The southwesterly 5.00 feet of the southeasterly 88.00 feet of said Lot 26.
Contains 440 square feet, more or less.
The above - described parcel is graphically shown on Exhibit C -1 attached hereto
and made a part hereof.
,t
L I C NO 5702 `*
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Michael B. Stanton, P.L.S. 5702 Date
Tuesday, July 14, 2015; 2:24 PM Page 1 of 2
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MICHAEL B. STANTON, PLS 5702 PLAT OF A PORTION OF LOT 26, BLOCK 29, OF
3563 SUELDO STREET, Q BUCKLEY TRACT PAGE 2
SAN LUIS OBISPO, CA 93401 NO BUILD EASEMENT OF 2
• 805 -594-1960 DATE: 7 -14 -2015 JOB NO. 13 -269
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city of
san Luis
MEMORANDUM
July 16, 2015
OBISPO
Department of Community Development
TO: Shannon Sims, City Manager's Office
919 Palm Street, San Luis Obispo, CA 93401
FROM: Diane Dostalek, Engineering Consultant
783 -7704
SUBJECT: Parcel Map SLO 14 -0077, 1126 Marsh Street (Marsh Street Brownstones)
The subject parcel map is getting ready to record, and the following two easements need to
record concurrently with the map. The Mayor needs to sign the easements to accept them on
behalf of the City.
1. Offer to Dedicate Public Utility Easement (signature needs to be attested by City Clerk)
2. Grant of No Build Easement and Agreement (signature needs to be notarized)
Once signed and attested /notarized, please return the documents to me for further processing.