HomeMy WebLinkAbout09-11-2015 Open Space, Drainage, and Bikeway Easement - AgreementRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
City Clerk's Office
990 Palm Street
San Luis Obispo, CA 93401 -3249
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION
27383
SEP 15 2015
h
tZ R lZ 7 —V C' F'. t 1.
Exempt from recording fees pursuant to Government Code § 27383_
Space Above Line for Recorder's Use Only
OPEN SPACE, DRAINAGE, AND BIKEWAY EASEMENT AGREEMENT
This Open Space, Drainage, and Bikeway Easement (this ``Easement Agreement ") is made and
entered into as of the ��ilay of `� �` 7! C' 1 i d b�. r 2015, by and between Dignity Health, a
California non - profit public benefit corporation, doing business. as French Hospital Medical
Center ( "Grantor "), and the City of San Luis Obispo, a municipal corporation of the State of
California ( "Grantee "), and is based on the following facts:
RECITALS
A. Grantor is the fee owner of that certain real property located in the City of
San Luis Obispo, County of San Luis Obispo, State of California, upon which is located the
French Hospital Medical Center and other buildings ( "Property ").
B. Grantor has obtained approval from Grantee and has developed, and
continues to develop and construct on the Property, a hospital medical center, medical and
administrative office buildings, related parking and appurtenant facilities, all as more particularly
described in the Approval (as defined below) (collectively, the "Project ").
C. Grantor has offered to dedicate an easement ( "Open Space and Drainage
Easement ") on that portion of the Property more particularly described on Exhibit A attached
hereto and as shown on Exhibit A -1 attached hereto (the "Open Space and Drainage Easement
Area ") to preserve the Open Space and Drainage Easement Area's natural resource values,
including perennial streams, nesting bird habitat, and monarch butterfly overwintering habitat
(collectively the "Open Space Values ") upon the terms and conditions provided herein, and to
enable Grantee to maintain the existing public drainage improvements and allow for future
public drainage improvements, maintenance, or upgrades upon the terms and conditions
provided herein (collectively the "Drainage Improvements ").
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D. Grantor has also offered to dedicate bike path easements ( "Bikeway
Easements ") on the portions of the Property more particularly described on Exhibits B and C
attached hereto and as shown, respectively, on Exhibit B -1 and C -1 attached hereto, ( "Bikeway
Easement Areas ") to permit the maintenance and use of the Bikeway (as hereinafter defined),
upon the terms and conditions provided herein. The Bikeway Easements and the Open Space
and Drainage Easement shall be referred to collectively herein as the "Easements" and the Open
Space and Drainage Easement Area and the Bikeway Easement Areas shall be referred to
collectively herein as the "Easement Area."
E. Pursuant to Condition 26 ( "Condition ") set forth in the Hearing Officer's
Approval Letter dated March 18, 2013 Use Permit Application A 140 -11: 1911 Johnson Avenue
( "Approval "), as a condition to the approval of the Project, Grantee requires that Grantor
execute and record this Easement Agreement.
F. Pursuant to Condition 29 of the Approval, management and maintenance
of the Open Space and Drainage Easement Area shall be in accordance with Section 1.4 hereof.
G Grantor and Grantee have agreed to enter into this Easement Agreement for the
purpose of satisfying the Condition.
AGREEMENT
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to applicable California law, including but not limited
to, Chapter 6.6 of Part I of Division 1 of Title 5 of the Government Code of the State of
California commencing with Section 51070, the parties hereby agree as follow:
Open Space and Drainage Easement.
1.1 Grant of Open Space and Drainage Easement. Grantor hereby grants to
Grantee, a perpetual nonexclusive open space and drainage easement over, across, and through
the areas more particularly described in Exhibit A attached hereto and as shown on Exhibit A -1
attached hereto for the purposes of constructing and maintaining the Drainage Improvements and
for the purposes of preserving the Open Space Values forever in their natural condition, in
accordance with the Open Space and Drainage Restrictions (as hereinafter defined).
1.2 Restrictions. Grantor hereby agrees to comply with the following restrictions
( "Open Space and Drainage Restrictions ") applicable to the Open Space and Drainage
Easement Area, except to the extent that the Bikeway Easement Area intersects the Open Space
and Drainage Easement Area, in which event the Open Space and Drainage Restrictions shall not
apply and the provisions of Section 2 shall control:
(a) Grantor shall not place nor erect any structures upon the Open Space
and Drainage Easement Area; provided, however, that notwithstanding anything to the contrary
provided herein, Grantor shall be permitted to place see - through fencing appropriate to open
space preservation on the Open Space and Drainage Easement Area.
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(b) Grantor shall not locate any signs, billboards, similar structures or
device, or advertising of any kind or nature on or within the Open Space and Drainage Easement
Area.
(c) Grantor shall not plant nor permit to be planted, nor remove or permit
to be removed, any vegetation upon the Open Space and Drainage Easement Area, except (i) as
may be associated with riparian corridor restoration, erosion control, fire protection, soil
stabilization and (ii) as approved by Grantee, in its reasonable discretion, in accordance with the
procedure provided in Section 3 hereof. Any such vegetation planted shall be native riparian and
associated native upland vegetation.
(d) Except for any change in the topography caused by the Operations (as
hereinafter defined), Grantor shall preserve the topography of the Open Space and Drainage
Easement Area in its natural condition.
(e) Grantor shall not extract any surface or subsurface natural resources
from the Open Space and Drainage Easement Area.
(f) Grantor shall not divert, impound, or directly extract water from the
two perennial streams within the Open Space and Drainage Easement Area for any purpose,
regardless of any riparian, appropriative, or other water right that may exist. Potential indirect
extraction from the existing water well is not subject to this restriction.
(g) Grantor shall not obstruct any drainage flows in the Open Space and
Drainage Easement Area.
1.3 Grantee's Rights. To accomplish the purposes of this Open Space and
Drainage Easement, Grantor hereby grants and conveys the following rights, without obligation,
to Grantee by this Open Space and Drainage Easement:
(a) To enter upon the Open Space and Drainage Easement Area at
reasonable times in order to monitor Grantor's compliance with and to otherwise enforce the
terms of this Open Space and Drainage Easement, provided that Grantee shall not unreasonably
interfere with Grantor's use and quiet enjoyment of the Property in accordance and in a manner
that is consistent with the terms of this Open Space and Drainage Easement;
(b) To enter upon the Open Space and Drainage Easement Area in
order to remove and dispel any encampments or illegal occupations located thereon (such
removal operations, "Removal Operations ");
(c) To access the Open Space and Drainage Easement Area to remove
any drainage obstructions as needed to provide the conveyance of creek flows or to enhance and
restore the riparian area ( "Drainage and Restoration Operations "); provided, however, that
Grantee shall only be permitted to remove drainage obstruction from creek flows or conduct
Drainage and Restoration Operations upon the review and approval of all agencies having
regulatory control over work performed in riparian corridors, including, but not limited to, the
State Department of Fish and Wildlife and the U.S. Army Corps of Engineers. Prior to entry
onto the Open Space and Drainage Easement Area for the purposes described in this Section
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1.3(c), Grantee shall provide Grantor with evidence showing the approval of any such agencies,
as applicable.
(d) To access the Open Space and Drainage Easement Area for the
purposes of construction, alteration, replacement, and maintenance of existing or new public
Drainage Improvements; provided, however, that prior to commencing any construction,
alteration, replacement or maintenance of Drainage Improvements whereby the amount to
complete such work is equal to or greater than $25,000.00 (collectively, "Drainage
Construction "), Grantee shall submit all construction plans for such Drainage Construction to
Grantor for its review and approval, which approval shall not be unreasonably withheld,
conditioned or delayed.
1.4 Maintenance of Open Space and Drainage Easement Area. Grantor retains
all responsibilities and shall bear all costs and liabilities of any kind related to the ownership,
operation, upkeep, and maintenance of the Open Space and Drainage Easement Area. Grantor
agrees that it shall manage and maintain the Open Space and Drainage Easement Area in
accordance with the following Affirmative Covenants (the "Covenants "):
(a) Grantor will coordinate with Grantee the clearing of debris, trash,
and hazardous conditions from the Easement Area.
(b) Grantor will maintain the Easement Area including trimming,
limbing, and removal of vegetation and trees from the Easement Area, as is reasonably possible
and appropriate, in coordination with Grantee.
(c) Grantor's contract security personnel will periodically patrol the
Easement Area for safety and security of the Easement Area, and may coordinate with Grantee's
Police Department personnel as necessary and appropriate.
(d) Grantor will install and maintain perimeter fencing, as is
reasonably possible and appropriate, in coordination with Grantee.
Grantor agrees, on behalf of itself and its successors and assigns, that Grantee shall have no duty
or responsibility for the operation, upkeep or maintenance of the Open Space and Drainage
Easement Area and the Covenants described herein. Notwithstanding anything to the contrary
provided herein, Grantee shall be solely responsible for the construction and maintenance of the
Drainage Improvements, any Removal Operations Grantee elects to undertake pursuant to this
easement, and the Drainage and Restoration Operations (and the costs associated therewith) and
all costs and liabilities of any kind caused by Grantee's acts or omissions associated therewith.
Nothing herein shall be construed as a waiver of Grantee's right or authority, in the exercise of
its police powers, to regulate or enforce any law or regulation otherwise applicable to the
property or the Grantor as property owner, including without limitation, property maintenance
standards, zoning regulations, and nuisance abatement regulations.
2. Bikeway Easement.
2.1 Grant of Easement. Grantor hereby grants to Grantee, a perpetual
nonexclusive easement over, across, and through the Bikeway Easement Areas as more
particularly described, respectively, in Exhibit B and Exhibit C attached hereto and as shown,
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respectively, on Exhibit B -1 and C -1 attached hereto for the maintenance of, and access to, the
Class I bicycle path located on the Bikeway Easement Areas for use by the public as a bicycle
and pedestrian pathway ( "Bikeway "). Grantee shall be solely responsible for maintaining the
Bikeway and any and all costs in connection therewith. Any work performed by Grantee for the
maintenance of the Bikeway as permitted hereunder shall be referred to herein as "Bikeway
Operations" and collectively with the Drainage and Restoration Operations and the Removal
Operations, the "Operations ".
2.2 Relocation of Bikeway. Upon providing Grantee with ninety (90) days prior
written notice, Grantor shall be permitted to relocate the Bikeway, at Grantor's sole cost and
expense, for the purpose of installing Grantor's own improvements thereon (each such relocation
and installation, a "Relocation ") so long as prior to such Relocation, Grantor submits plans to
Grantee for an alternative location for the Bikeway and Grantee approves of such alternate
location, in its reasonable discretion, and as provided in Section 3 hereof. If such Relocation is
approved by Grantee, Grantor shall be permitted to close the Bikeway during such Relocation for
a period not to exceed one hundred and eighty (180) days.
3. Approval by Grantee. Any matter which must be submitted by Grantor for Grantee's
approval hereunder shall be submitted to the Community Development Director and Natural
Resources Manager for the City of San Luis Obispo (collectively, the "Directors ") at 919 Palm
Street, with copies provided to each of the parties listed in Section 9 hereof. The Directors shall
have ten (10) business days to respond to Grantee's request. If the Directors deny Grantee's
request, Grantee shall be permitted to appeal such decision pursuant to San Luis Obispo
Municipal Code Chapter 1.20.
4. Grantor's Reserved Rights. Grantor reserves to itself, and to its representatives,
successors and assigns, (i) all rights accruing from its ownership of the Property and the
Easement Area, including the right to engage in or to permit or invite others to engage in all
lawful uses of the Property and Easement Area that are not expressly prohibited or limited by,
and are consistent with the purposes of this Easement Agreement, (ii) the right to perform
preventive measures required to protect structures and other improvements on the Property and
to perform any measures necessary for such protection, subject to permit approval by the City
and any other higher regulatory agencies if and as required pursuant to applicable law, and (iii)
all other rights not granted to Grantee pursuant to this Easement Agreement, to the extent such
rights are consistent with this Easement Agreement.
5. Grantee's Access to the Easement Area. Grantee shall provide Grantor with three
(3) business days advance written notice of any Operations. Any such Operations shall be
conducted during normal business hours unless the parties agree otherwise in writing.
Notwithstanding the foregoing, if Grantee has reasonable cause to believe that a breach of the
terms of the Easement Agreement is occurring or imminent, Grantee may access the Easement
Area without notice in order to prevent damage or injury to the Open Space Values. Prior to the
first entry on the Easement Area by Grantee, its agents, employees, consultants, contractors or
subcontractors, Grantee shall deliver to Grantor certificates or other written confirmation
satisfactory to Grantor showing that (i) Grantee has in effect a comprehensive general public
liability insurance policy including, but not limited to, owned and non -owned vehicle liability,
personal injury, blanket contractual, broad form property damage and product /completed
operations liability coverage covering any and all liability of Grantee and Grantor with respect to
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or arising out of the Operations, with limits of not less than Two Million Dollars ($2,000,000)
per occurrence for bodily injury, personal injury and property damage liability, and Grantor is
named as an additional insured on such policy, and (ii) Grantee or Grantee's agents or
subcontractors have a workers' compensation insurance policy covering the activities of all of
Grantee's agents, contractors, subcontractors and employees on or about the Easement Area.
Grantee covenants that it will keep the above insurance requirements in place for every occasion
on which it enters the Easement Area. Grantee agrees that any and all Operations shall be made
at Grantee's sole risk. Grantee agrees to keep the Easement Area free and clear of any liens
resulting from any such Operations. Grantee shall indemnify, defend and hold harmless Grantor
from and against any and all claims, demands, liabilities and /or obligations arising out of or
resulting from physical injury or property damage caused by the Operations hereunder,
including, without limitation, reasonable attorneys' fees and mechanic's lien claims. Without
limiting the generality of the foregoing, Grantee shall repair all damages to the Easement Area
arising from the Operations.
6. Remedies. In the event of any breach of any provision of this Easement
Agreement, Grantee shall give written notice to Grantor of such violation and demand corrective
action reasonably sufficient to cure the violation and, where the violation involves injury to the
Easement Area resulting from any use or activity inconsistent with the terms and provisions of
this Easement Agreement, to restore the portion of the Easement Area so injured. If Grantor fails
to cure the violation within thirty (30) days after receipt of notice thereof from Grantee, or under
circumstances where the violation cannot reasonably be cured within a thirty (30) -day period,
fail to begin curing such violation within the thirty (30) -day period, or fail to continue diligently
to cure such violation until finally cured, Grantee may bring an action at law or in equity in a
court of competent jurisdiction to enforce the terms of this Easement, to enjoin the violation- by
temporary or permanent injunction, to recover actual damages to which it may be entitled for
violation of the terms of this Easement or injury to any Open Space Values protected by this
Easement Agreement as a direct result of such breach, and to require the prompt restoration of
the Easement Area to the condition that existed prior to any such injury (if reasonably possible).
Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may apply any
damages recovered to the cost of undertaking any corrective action on the Easement Area. If
Grantee, in its reasonable discretion, determines that circumstances require immediate action to
prevent or mitigate significant damage to the Open Space Values of the Property, Grantee may
pursue its remedies under this paragraph without waiting for the period provided herein for cure
to expire; provided, however, that notwithstanding the foregoing, Grantee shall provide Grantor
with prior notice (verbal or written) of any such breach. The remedies permitted or available
pursuant to the provisions of this Easement Agreement shall be cumulative and in addition to any
rights or remedies available at law or in equity.
7. Access. This Easement Agreement does not convey a general right of access to
the public, except with respect to the Bikeway Easement, which the public shall be permitted to
access for the purposes and to the extent described in Section 2 hereof.
8. Binding on Successors. The covenants, conditions, and restrictions contained in
this Easement Agreement are intended to run with the land and to bind all future owners of any
interest in the Property. Any subsequent transferee shall, by acceptance of title to the Easement
Area, be deemed to have assumed the obligations of this Easement Agreement and to have
accepted the restrictions contained herein.
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9. Notices. Unless otherwise provided in this Easement Agreement or by law, all
notices required or permitted by this Easement Agreement or by law to be served on or delivered
to either party hereto shall be in writing and deemed duly served, delivered and received when
personally delivered or delivered by a recognized overnight courier service, to the party to whom
directed, or instead, three (3) business days after deposit in the U.S. mail, certified or registered,
return receipt requested, first -class postage prepaid, addressed as indicated below. A party may
change this address by giving written notice of the change to the other party. Confirmed fax
transmission to a fax machine specified in such a notice shall constitute personal delivery, if
followed by hard copy sent by mail or such overnight courier service within one (1) day. The
parties' addresses for this purpose are:
To Grantor:
Dignity Health
c/o French Hospital Medical Center
1911 Johnson Ave
San Luis Obispo, CA 93401
Attn: Alan Iftiniuk
Fax: (805) 542 -6300
Phone: (805) 543 -5708
To Grantee:
City of San Luis Obispo
Public Works Department
Public Works Director
919 Palm Street
San Luis Obispo, CA 93401
Telephone: (805) 781 -7201
Telecopier: (805) 783 -7751
With a copy to:
Dignity Health
251 South Lake Avenue, Suite 800
Pasadena, California 97701 -4842
Attn: Legal Department
Fax: (626) 744 -2218
Phone: (626) 397 -2783
With a copy to:
City of San Luis Obispo
Administration
City Attorney's Office
990 Palm Street
San Luis Obispo, CA 93401
Telephone: (805) 781 -7100
Telecopier: (805) 781 -7109
10. Estoppel Certificate. Upon request by Grantor, Grantee shall within fifteen (15)
business days execute and deliver to Grantor any document, including an estoppel certificate,
which certifies Grantor's compliance with any obligation of Grantor contained in this Easement
Agreement and otherwise evidences the status of this Easement Agreement as may be requested
by Grantor.
11. General Provisions.
11.1 Recordation. Grantor shall record this Easement Agreement in the official
records of San Luis Obispo County, California and notify the Grantee through the mailing of a
confirmed copy of the recorded easement.
11.2 Amendment or Extinguishment. Grantor and Grantee may amend or
extinguish this Easement Agreement only by mutual written agreement and in accordance with
applicable California law, including but not limited to, Chapter 6.6 of Part I of Division 1 of Title
5 of the Government Code of the State of California commencing with Section 51070. Any such
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[122463].30792032 1.11
amendment or extinguishment shall be recorded in the official records of San Luis Obispo
County, State of California.
11.3 Controlling Law. The laws of the State of California govern interpretation
and performance of this Easement Agreement.
11.4 Severability. If a court of competent jurisdiction voids or invalidates on
its face any provision of this Easement Agreement, such action shall not affect the remainder of
this Easement Agreement. If a court of competent jurisdiction voids or invalidates the
application of any provision of this Easement Agreement to a person or circumstance, such
action shall not affect the application of the provision to other persons or circumstances.
11.5 Liens Not Impaired. No breach of the terms, conditions and covenants of
this Easement Agreement or any other enforcement thereof shall defeat or render invalid the lien
of any mortgage or deed of trust made in good faith and for value. None of the terms and
provisions of this Easement Agreement shall supersede or in any way reduce the security or
affect the validity of any such mortgage or deed of trust; provided, however, that this Easement
Agreement shall be binding upon and effective against any encumbrancer and any owner of the
Property (or any portion thereof) whose title thereto is acquired by foreclosure, trustee's sale or
otherwise.
11.6 Entire Agreement. This Easement Agreement together with the attached
exhibits and any documents referred to herein sets forth the entire agreement of the parties with
respect to the Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Easement. No alteration or variation of this Easement Agreement
shall be valid or binding unless contained in an amendment in accordance with Section 11.2.
11.7 Successors. The covenants, terms, conditions, and restrictions of this
Easement Agreement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the Easement Area.
11.8 Termination of Rights and Obligations. Each party's rights and
obligations under this Easement Agreement shall terminate upon transfer of the party's interest
in the Easement or the Easement Area.
11.9 Captions. The captions in this Easement Agreement have been inserted
solely for convenience of reference and are not a part of this Easement Agreement and shall have
no effect upon construction or interpretation.
11.10 Counterparts. The parties may execute this Easement Agreement in one
two or more counterparts; each counterpart shall be deemed an original instrument as against any
party who has signed it.
11.11 Cooperation; Further Acts. The parties shall fully cooperate with one
another, and shall take any reasonable additional acts or sign any additional documents as may
be necessary to attain the purposes of this Easement Agreement.
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11.12 Satisfaction of Condition. Grantee acknowledges and agrees that the
execution and delivery of this Easement Agreement fully and completely satisfies the Condition.
Agreement.
11.13 Time is of the Essence. Time is of the essence in this Easement
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF Grantor and Grantee have entered into this Easement Agreement the
day and year first above written.
GRANTOR:
GRANTEE:
Dignity Health, City of San Luis Obispo,
a California non -profit public benefit corporation, a municipal corporation
doing business as French Hospital Medical
Center
By: _
Name: Alan Iftiniuk
Title: President, Frei
I
tal Medical Center
, Christine Dietrick
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[1224631.30792032 1.11
By: U
Name: @`mar
Title:
SEE ATTACHED FOR
NOTARY CERTIFICATE
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
ss.
COUNTY OF S" lull o b,s M
On Sep i- I 1 Zo 1SS before me, P'hN2(a W Notary Public,
personally appeared (j)&-*) I F + I n i'o k 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.
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.
a' } (Seal)
Notary Public
[ 122463] . 307920321.11
MARIO A. LOPEZ
Commission * 2119025
v
Notary Public - California
San Luis Obispo County t
My Comm Expires July 11,
2019 $
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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
On - 2 Z c before me,
Date HereVnsertAameand Title of the Officer
personally appeared 7 ict,_�s,: 14 9Y1;4,r
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personj4 whose name.(ay&Jard
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 4"'0"' JOSEPH MEM
Comrnissron # 2028418
� *4 Notary Public • California
Los Angeles County
M Comm Expires Jun 10, 2017
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,hpnd and official seal.
r•Tj
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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: Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
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❑ Corporate Officer — Title(s):
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❑ Individual ❑ Attorney in Fact
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Signer Is Representing:
02014 National Notary Association • www.NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907
CERTIFICATE OF ACCEPTANCE
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the attached Open Space,
Drainage and Bikeway Easement Agreement, dated =!�',e? k,!M%o ,,- l 1 ( , 2015, between Dignity Heahh, a
California non -profitpub /ic benefit corporation, doing business as French Hospital Medical Center ( "Grantor'), and
the City of San Luis Obispo, a municipal corporation of the State of California ( "Grantee'), 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.
Date
CITY OF SAN LUIS OBISPO
f. pp
mavol. hiii Marx
ATTEST:
[City seal required]
[122463].307920321.11
Exhibit A
Open Space and Drainage Easement
[ 122463] . 307920321.11
Open Space and Drainage Easement
Exhibit A
That portion of Parcel A of Parcel Map SLO -71 -123 as shown on map filed in book 11, page 68 of Parcel Maps in the
office of the County Recorder in San Luis Obispo County, State of California and Lot 9 and portions of lots 8 and 16 of
Block 183 of the Ingleside Homestead Tract, as shown on map filed in book A, page 132 of Maps in the office of the
County Recorder of said County and portions of Church Street and Ruth Street as shown on map filed in book A, page
126 of Maps in the office of the County Recorder of said County, Abandoned by Resolution recorded in book 1582, page
105 of Official Records of said County and Resolution Number 9756 recorded as Instrument Number 2006012287 in the
Official Records of said county , and a portion of Parcel A of Parcel Map SLO -82 -152 as shown on map filed in book 33,
page 81 of Parcel Maps in the office of the County Recorder, in the City of San Luis Obispo, County of San Luis Obispo,
State of California. More particularly described as follows:
Parcel 1:
Beginning at the intersection of the southwesterly right of way of Fairview Street and the southeasterly right of way of
Breck Street per Parcel Map SLO -71 -123 as shown on map filed in book 11, page 68 of Parcel Maps in the office of the
County Recorder of said County; thence along the southeasterly right of way Breck Street North 50 °48'00" East, a
distance of 62.67 feet; thence leaving said right of way South 12 °45'54" East, a distance of 17.94 feet, to the beginning
of a tangent curve with a radius of 66.00 feet, concave westerly; thence southerly along the arc of said curve through a
central angle of 14 °48'18" a distance of 17.05 feet, to the beginning of a reverse curve with a radius of 54.78 feet,
concave easterly; thence southerly along the arc of said curve through a central angle of 33 °35'24" a distance of 32.11
feet; thence South 31 °32'59" East, a distance of 6.64 feet, to the beginning of a tangent curve with a radius of 66.00
feet, concave westerly; thence southerly and southwesterly along the arc of said curve through a central angle of
102 °07'10 ", a distance of 117.63 feet; thence South 70 °34'11" West, a distance of 113.10 feet to the beginning of a
tangent curve with a radius of 94.00 feet, concave southeasterly; thence southwesterly along the arc of said curve
through a central angle of 17 °01'35 ", a distance of 27.93 feet; thence South 53 °32'36" West, a distance of 84.51 feet;
thence North 36 °27'57" West, a distance of 29.66 feet; thence North 70 °42'39" West, a distance of 122.31 feet; thence
North 86 °42'43" West, a distance of 24.90 feet; thence to the Northwesterly line of Parcel A per said Parcel Map SLO -71-
123, North 81 °20'43" West, a distance of 20.00 feet, to a point hereinafter referred to as Point A; thence along said
Northwesterly line the following two courses, North 8 °39'17" East, a distance of 44.00 feet; thence North 8 °37'12" East,
a distance of 98.07 feet; thence leaving said Northwesterly line North 87 °43'07" East, a distance of 185.52 feet; thence
to the southwesterly right of way of Fairview Street per said Parcel Map SLO -71 -123, North 76 °13'15" East, a distance of
125.57 feet; thence along said right of way South 43 °43'07" East, a distance of 24.46 feet, to the Point of Beginning.
Parcel 2:
A strip of land 20.00 feet in width lying easterly of the northwesterly line of Parcel A of said Parcel Map SLO -71 -123 as
shown on the map filed in book 11, page 68 of Parcel Maps in the office of the County Recorder in the County of San Luis
Obispo, State of California, more particularly described as follows:
Beginning at aforesaid Point A, a point on the Northwesterly line of Parcel A of said Parcel Map SLO -71 -123; thence
along said Northwesterly line, South 8 °39'17" West, a distance of 181.94 feet to the beginning of a non - tangent curve
with a radius of 2000.00 feet, concave northwesterly with a radial bearing of South 79 °08'39'.' East; thence southerly
along the arc of said curve through a central angle of 3 °53'39 ", a distance of 135.93 feet, to the point of termination,
hereinafter referred to as Point B.
The sidelines of said strip shall be lengthened or shortened to terminate at the herein described Parcels 1 and 3.
Parcel 3:
The land lying Southerly and Westerly of the following described line:
[ 122463] . 307920321.11
Beginning at aforesaid Point B, a point on the Northwesterly line of Parcel A of said Parcel Map SLO -71 -123 as shown on
map filed in book 11, page 68 of Parcel Maps in the office of the County Recorder in San Luis Obispo County, State of
California; thence leaving said Northwesterly line, South 75 °15'00" East, a distance of 20.00 feet; thence South
36 °50'08" East, a distance of 71.48 feet; thence South 72 °52'34" East, a distance of 27.17 feet; thence North 81 °19'20"
East, a distance of 79.84 feet to a tangent curve with a radius of 200.00 feet, concave southerly; thence easterly along
the arc of said curve through a central angle of 18 °32'03 ", a distance of 64.70 feet; thence South 80 °08'37" East, a
distance of 99.56 feet; thence South 36 °56'54" East, a distance of 26.47 feet; thence North 54 °06'19" East, a distance of
15.54 feet; thence South 36 °28'06" East, a distance of 113.87 feet, to the beginning of a tangent curve with a radius of
10.00 feet, concave northeasterly; thence southeasterly along the arc of said curve through a central angle of 33 °00'09 ",
a distance of 5.76 feet; thence to the northwesterly right of way of Iris Street per Parcel Map SLO -82 -152 as shown on
map filed in book 33, page 81 of Parcel Maps in the office of the County Recorder of said County, South 69 °29'11" East, a
distance of 14.76 feet more or less.
The above described parcels are graphically shown on Exhibit A -1 attached hereto and incorporated herein by reference.
[ 122463] . 307920321.11
Exhibit A -1
Depiction of Open Space and Drainage Easement
[ 122463] .307920321.11
1 A N U
LEGEND:
LL G�,
POB - POINT OF BEGINNING
POT - POINT OF TERMINATION
EXHIBIT A -1
JOBNLlMBER�10024
G�/-i�E
;. N .7065
N50'48TWE 62.87'
y�
°45'64'E
S12 17,94'
so'
N76 °13'15'E
/3—
125.5T S43 °43'07'E 24.46'
POB,
A =14 °48'18"
R= 55.00'
L= 17.05'
N87 °43'07 "E 185:52'
DATE: 0910.3/2015
PARCEL 1
-
N8 °37'12 "E 98,O7—
''
1 �
A=33 °3524"
R =54 78'
1304 son Im,Ob6 —cAMo1
0om:(803( -U"IIS 6mc S40S116
OPEN SPACE AND
L= 32.11'
""—S31
N6 °39'171E 44.00' —,
DRAINAGE EASEMENT °32'59 "E 6.54
PARCEL 1 t r °07*10"
POINTA —_
,
N86'424 3 W go.,
A= 102
R= 66.fl0'
POB, PARCEL P „�
f7 /r✓f
L= 117.63'
N81 °20'43"W 20.00' f
°42'39'W
S70'34111W 11310'
' \�'—A =17 °01'35” R= 94.00' L= 27.93'
N70 122.31'
EASEMENT
S8 °39'17 "W 181.94' fIKEWAY
N36 °27'57 "W 29.66`
553 '32'36"W
84.51'
OPEN SPACE AND DRAINAGE
A=3 °53139'` —
EASEMENT, PARCEL 2
R- 2000.00'
2{1_g
L= 135.93'
�y j536 "56'54
'E 26.47'
S75 °15'00 "E 20.00'
s`'C7es f/
^ _ . _
33°\00'09" R= 1,0\.00' L =5.78' /
A
et 86r2 11'E 14\76 i
N81 °19'20 "E 78.84' F' I EAS MENT J - POT, PARCEL 3 \ \ \
A =18 °32'03" R= 200.00' L= 64.70'
ABOVESCALE:
NS.
EXHIBIT A -1
JOBNLlMBER�10024
G�/-i�E
R
L
BY: JNW
DATE: 0910.3/2015
ENGINEERING
FRENCH HOSPITAL
1304 son Im,Ob6 —cAMo1
0om:(803( -U"IIS 6mc S40S116
OPEN SPACE AND
EX-A-1
AOibr Cw'„r • Y�iNIION
DRAINAGE EASEMENT
[ 122463] .307920321.11
Exhibit B
Bikeway Easement
[122463].307920321.11
Bikeway Easement
Exhibit B
That portion of Parcel A of Parcel Map SLO -71 -123 in the City of San Luis Obispo, County of San Luis Obispo, State of
California, as shown on map filed in book 11, page 68 of Parcel Maps in the office of the County Recorder of said county
More particularly described as follows:
A 12 foot wide strip of land laying 6 foot each side of the following described line
Commencing at the intersection of the southwesterly right of way of Fairview Street and the southeasterly right of way
of Breck Street per Parcel Map SLO -71 -123 as shown on map filed in book 11, page 68 of Parcel Maps in the office of the
County Recorder of said County; thence along the southeasterly right of way Breck Street North 50 °48'00" East, a
distance of 55.96 feet, to the True Point of Beginning; thence leaving said right of way, South 12 °45'54" East, a distance
of 14.96 feet to the beginning of a tangent curve with a radius of 60.00 feet, concave westerly; thence southerly along
the arc of said curve through a central angle of 14 °48'18" a distance of 15.50 feet, to the beginning of a reverse curve
with a radius of 60.78 feet, concave easterly; thence southerly along the arc of said curve through a central angle of
33 °35'24" a distance of 35.63 feet; thence South 31 °32'59" East, a distance of 6.64 feet, to the beginning of a tangent
curve with a radius of 60.00 feet, concave westerly; thence southwesterly along the arc of said curve through a central
angle of 102 °07'10 ", a distance of 106.94 feet; thence South 70 °34'11" West, a distance of 113.10 feet, to the beginning
of a tangent curve with a radius of 100.00 feet, concave southeasterly; thence southwesterly along the arc of said curve
through a central angle of 17 °01'35 ", a distance of 29.72 feet; thence to a southwesterly line of the hereinbefore
described Open Space and Drainage Easement, Parcel 1, South 53 °32'36" West, a distance of 84,51 feet, to the point of
termination.
The sidelines of the above described strip are to be lengthened or shortened so as to begin on the southeasterly right of
way of Breck Street per said Parcel Map SLO-71 -123 and to terminate on a southwesterly line of said Open Space and
Drainage Easement, Parcel 1.
The above described parcels are graphically shown on Exhibit B -1 attached hereto and Incorporated herein by reference
AND
LIC. KC. 7065/1*
. XV'A
CA
[122463].307920321.11
Exhibit B -1
Depiction of Bikeway Easement
[122463].307920321.11
ABOVE
GRADE
ENGINEERING
130+6 Riew�d 54rt, $an 1a4= CA 93401
P 005 540,511 _40.SI16
Aor.�.r�•rr°w�w�
[ 1224631.307920321.11
LEGEND:
POC - POINT OF COMMENCMENT
TPOB - TRUE POINT OF BEGINNING
POT - POINT OF TERMINATION
OPEN SPACE AND DRAINAGE
EASEMENT, PARCEL 2
EXHIBIT B -1
FRENCH HOSPITAL
BIKEWAY EASEMENT
i
SCALE: N.T.S.
JOB NUMBER: 10024
BY: JNW
DATE: 99/03/2015
EX -B -11
S12 °45'54 "E 14.96'
X
f
R
A =14 °48'16" R- 60.09 L= 15.50'Z
A- 33°3.5'24' R= 60.76'5.63'
NT ..
'-- S31°3V6VE 6.64'
%f I
h= 102°07'10" R= 60.00' L= 106.94'
S70'34'1 1"W 113.10'
—A= 17'01'35'
R= 100.00' L= 29.72'
— N83 "3236 "E
84.51'
BIKEWAY EASEMENT
OPEN SPACE AND DRAINAGE
EASEMENT, PARCEL 2
EXHIBIT B -1
FRENCH HOSPITAL
BIKEWAY EASEMENT
i
SCALE: N.T.S.
JOB NUMBER: 10024
BY: JNW
DATE: 99/03/2015
EX -B -11
Exhibit C
Bikeway Easement
[122463].307920321.11
Bikeway Easement
Exhibit C
That portion of Parcel A of Parcel Map SLO -82 -152 in the City of San Luis Obispo, County of San Luis Obispo, State of
California, as shown on map filed in book 33, page 81 of Parcel Maps in the office of the County Recorder of said county
and that portion of Parcel A of Parcel Map SLO -71 -123 as shown on map filed in book 11, page 68 of Parcel Maps in the
office of the County Recorder of said county. More particularly described as follows:
A 12 foot wide strip of land laying 6 foot each side of the following described line:
Commencing at the southerly most point of Parcel A of said Parcel Map SLO -82 -152 on the northwesterly right of way of
Iris Street per said Parcel Map SLO -82 -152; Thence along the northwesterly right of way of Iris Street the following three
courses, North 53 °05'00" East, a distance of 50.74 feet, to the beginning of a tangent curve with a radius of 20.00 feet,
concave northwesterly; thence northerly along the arc of said curve through a central angle of 64 °37'22 ", a distance of
22.56 feet, to the beginning of a reverse curve with a radius of 50.00 feet, concave easterly; thence northerly along said
curve through a central angle of 32 °19'08 ", a distance of 28.20 feet, to the True Point of Beginning; Thence leaving said
right of way North 69 °23'09" West, a distance of 14.55 feet, to the beginning of a tangent curve with a radius of 14.00
feet, concave northeasterly; thence northwesterly along the arc of said curve through a central angle of 33 °00'09 ", a
distance of 8.06 feet; thence North 36 °22'04" West, a distance of 65.88 feet, to the beginning of a tangent curve with a
radius of 40.00 feet, concave southwesterly; thence northwesterly alongthe arc of said curve through a central angle of
29 °59'10", a distance of 20.93 feet; thence North 66 °21'14" West, a distance of 19.79 feet, to the beginning of a tangent
curve with a radius of 20.00 feet, concave northeasterly; thence northwesterly along the arc of said curve through a
central angle of 29 °59'10 ", a distance of 10.47 feet; thence to a northerly line of the hereinbefore described Open Space
and Drainage Easement, Parcel 3, North 36 °22'04" West, a distance of 33.94 feet, to the Point of Termination.
The sidelines of the above described strip are to be lengthened or shortened so as to begin on the northwesterly right of
way of Iris Street per said Parcel Map SLO -82 -152 and terminate on a northerly line of said Open Space Easement, Parcel
3.
The above described parcels are graphically shown on Exhibit C -1 attached hereto and incorporated herein by reference
[122463].307920321.11
Exhibit C -1
Depiction of Bikeway Easement
[1224631.30792032 1.11
ABOVE
RA DE
ENGINEERING
,304 &aad Sftvo, San CA 93401
PIwnA OM) UO-SIU - AMW UO- 116
AaAY"YaTAr •�w�`RIAPY
[ 122463] . 307920321.11
OPEN SPACE AND DRAINAGE
EASEMENT, PARCEL 2
LEGEND:
TPOB - TRUE POINT OF BEGINNING
POT - POINT OF TERMINATION
POC - POINT OF COMMENCEMENT
ti
W
z
g36'22'04 "W 33.94'
A= 29"59'10" R= 20.00' L= 10.47'
1466'21'14'W 19.79'
y� sK A= 33'00`0.4` P= 14.00' L =8.06'
N69'23`09'W 14.55"
TPOB�
/ A= 32'19'08' R= 50.00' L= 28.20'
60. a'k /A= fA'37'22" R= 20.00' L= 22.56'
EXHIBIT C -1
FRENCH HOSPITAL
BIKEWAY EASEMENT
SCALE: N.T.S_
JOB NUMBER: 10024
BY. JNW m._.
DATE: 09/03/2015
EX -C -11
Memorandum
Administration Department
DATE: September 17, 2015
TO: Kelly White, legal Assistant
FROM: Robert A. Hill 9
SUBJECT: French Hospital Easement Agreement
I am routing the "Open Space, Drainage, and Bikeway Easement Agreement" for our signatures in
order to satisfy Condition 26 of approved Use Permit 140 -11. Enclosed is the original document
containing the other party's notarized signatures. The Mayor, City Attorney, and City Clerk will
need to sign on our end. Once complete, please let me know and I will be happy to take it for
recording. Thank you.