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HomeMy WebLinkAbout07-14-2016 Agreement to relocate easement and amendment to grant of easement and easement agreementRecording requested by and when recorded mail to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 A.P.Ns: 053- 022 -016 AGREEMENT TO RELOCATE EASEMENT AND AMENDMENT TO GRANT OF EASEMENT AND EASEMENT AGREEMENT (City of San Luis Obispo) This Agreement to Relocate Easement and Amendment to Grant of Easement and Eas ent Alreement ( "Amendment Agreement ") is made and entered this �ay of 2016 by and between MARGARITA RANCH SLO, LLC, a California limiltd liabi ity company ( "Grantor ") and CITY OF SAN LUIS OBISPO, a municipal corporation ("Grantee.") WHEREAS, Grantor is the current owner of that certain real property consisting of approximately twenty -seven (27) acres located in the Margarita Expansion Area within the City of San Luis Obispo, California and more particularly described in Exhibit "A" attached to this Amendment Agreement and incorporated herein by reference (hereinafter referenced as "the Servient Tenement "); WHEREAS, on or about August 17, 1994, John E. King, Carole D. King, J. Edmund Smith, Beverly Elder Smith, Cliff Branch, Randi Branch, Christopher A. Helenius and Lynn Helenius, as Grantors, and City of San Luis Obispo, as Grantee entered into a Grant of Access Easement and Easement Agreement ( "Easement Agreement ") which was recorded in the Official Records of the County of San Luis Obispo on August 24, 1994 as Document No. 1994 - 050202 and which, among other things, established an easement over and across the Servient Tenement ( "the Easement ") in the location described in Exhibit `B" to the Easement Agreement ( "the Existing Easement Area "); WHEREAS, the purpose of the Easement is to (1) provide access over the Servient Tenement for the City of San Luis Obispo to a communication transmission site on the property described in Exhibit `B" attached to this Amendment Agreement and incorporated herein by this reference ( "the Dominant Tenement ") and (2) provide access to the general public for recreational pedestrian and bicycle purposes to access the South Hills Natural Reserve. WHEREAS, the parties have agreed to relocate the Existing Easement Area in order to accommodate development of the Servient Tenement; 1 WHEREAS, the relocation of the Existing Easement Area will be accomplished in multiple phases as follows: (i) the Easement will be relocated to the Interim Easement Area, described below; (ii) portions of the Interim Easement Area will be located over roads that, pursuant to the approval for the subdivision of the Servient Tenement, will be offered for dedication to the City of San Luis Obispo ( "City ") and, upon acceptance of such dedication will become public streets; (iii) another portion of the Interim Easement Area will be located on a portion of the Servient Tenement to be transferred to the City as a condition of subdivision map approval ( "the South Hills Natural Reserve "); (iv) when the City accepts the streets from Grantor as public streets, the interim easement shall be extinguished and terminated as to the portion of the Interim Easement Area located on those dedicated streets and Grantee will have the right to use those public streets to access the remaining portion of the Easement; and (v) when all the streets on which the Interim Easement Area is located have been accepted, the portion of the Interim Easement Area located on the South Hills Natural Reserve shall become a permanent easement; WHEREAS, the permanent easement shall allow for use by the general public for recreational pedestrian and bicycle access to the South Hills Natural Reserve; and WHEREAS, the parties have agreed to amend the Easement to provide for the interim and permanent relocation of the Existing Easement Area and to allow for recreational access by the public to the South Hills Natural Reserve pursuant to the terms and conditions set out below. NOW, THEREFORE, the parties hereto agree to amend the Easement Agreement as follows: 1. Interim Relocation. Upon thirty (30) days' written notice from Grantor to Grantee, Grantor, at its sole expense, may relocate the Existing Easement Area to the location on the Servient Tenement described in Exhibit "C" and shown in Exhibit "D" attached to this Amendment Agreement and incorporated herein by this reference ( "the Interim Easement Area. ") The Interim Easement Area shall be improved, by Grantor, in such a manner as to allow for Grantee to access the Dominant Tenement for the purposes set forth in the Easement Agreement and this Amendment Agreement. 2. Termination of Interim Easement Area. Portions of the Interim Easement Area are located over roads that will be offered for dedication to the City for public streets. Upon the acceptance of the public improvements by the City for the streets that encompass any portion of the Interim Easement Area, the Easement, as to those portions accepted as City streets, shall terminate. 2 3. Permanent Easement Area. That portion of the Interim Easement Area located on the South Hills Natural Reserve, shall be permanent and, except as provided for in this agreement, shall be subject to all terns and conditions set forth in the Easement Agreement ( "Permanent Easement Area. ") 4. Additional. Grant of Right. In addition to the rights granted to Grantee in the Easement Agreement, Grantor grants to Grantee for the use and benefit of the general public, a perpetual, permanent, non - exclusive access easement for reasonable recreational pedestrian and bicycle ingress and egress to the South Hills Natural Reserve over, upon, across and through the Interim Easement Area and Permanent Easement Area. 5. Maintenance and Repair. Grantor further grants to Grantee, its successors and assigns, the necessary rights of entry for operation, repair, and maintenance of the Interim Easement Area and Permanent Easement Area. Grantee will be solely responsible to maintain in good condition and repair the Permanent Easement Area north of its intersection with the existing access road at the point designated as "Intersection with Access Road Centerline Per Instrument No. 2002 - 002978 on the attached Exhibit "D" upon recordation of this Amendment Agreement. Grantor will be solely responsible to maintain in good condition and repair the Permanent Easement Area and the Interim Easement Area south of said intersection until such time as the public improvements within these areas are accepted by the City. 6. Abandonment of Rights to Existing; Easement. Upon the completion of the construction of the Interim Easement Area by Grantor, all of the rights of Grantee to the Existing Easement Area shall terminate and be replaced by rights to the use of the Interim Easement Area and Permanent Easement Area as provided in this Amendment Agreement. If required by any title insurer, California Bureau of Real Estate or any purchaser of the Servient Tenement or any part thereof, Grantee shall execute a quit -claim deed or similar document to satisfy the reasonable requirements of the title insurer or subsequent purchaser that all rights to use the Existing Easement Area have terminated. 7. Indemnification. a. Grantee agrees to indemnify and defend Grantor, its agents, representatives, heirs, successors and assigns, against any and all claims, actions, or demands, costs or expense (including attorney's fees), arising out of or in any way connected to any activities of the general public and Grantee, its agents, representatives, heirs, successors, assigns, or invitees arising out of Grantor's or the general public's use of the Interim Easement Area or the Permanent 91 Easement Area, excluding claims resulting from the negligence or willful misconduct of Grantor, and excluding claims resulting from the negligent or willful acts of the general public that do not conform with the approved uses of the Interim Easement Area and Permanent Easement Area. b. Notwithstanding section 7.a. above, while the Grantor is conducting construction activities within and adjacent to the Interim Easement Area and Permanent Easement Area, Grantor agrees to indemnify and defend Grantee, its officials, officers and employees, agents, representatives, successors and assigns, from and against any and all claims, actions, or demands, costs or expense (including attorney's fees), arising out of or in any way connected to the general public's use of the Interim Easement Area or the Permanent Easement Area. Upon acceptance by the City of the public improvements located within the Interim Easement Area and Permanent Easement Area, Grantor's indemnification obligation contained in this section 7..b. shall terminate as against any claims which occur after said acceptance. 8. Attorney's Fees. In any action or proceeding arising from, out of or in relation to the Easement Agreement and Amendment Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, including, without limitation, expert witness fees, incurred in such action or proceeding. 9. Further Assurances. The parties shall (i) execute any documents; or (ii) cooperate in obtaining any approvals or signatures reasonably necessary to effectuate the purposes of this Amendment Agreement including, without limitation, any quitclaim consistent with this Amendment Agreement that is requested by a lender, buyer or title insurer. 10. Easement Agreement Remains in Effect. Except as expressly amended or modified herein, all terms and conditions of the Easement Agreement remain in full force and effect. Date: ? - �I - k i rd Margarita Ranch SLO, LLC, a California li ' e a ` ity company By: Its: '1?a rrE!51-VFXrr Name: Oywj/1.5 d . +-UW5:, y A notary public or other officer completing this certificate verifies only the identity of the individual who has signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County old i 11.- 'P[7) /)o A+t On t y/ / }, 016 before me, fG1/W-yAcIldrCteI Al , jjC, personally appeared e M f 6AI n ate,5c o who proved to me on the basis of satisfactory evidence to be the person wl3ose name(R) is /axe subscribed to the within instrument and acknowledged to nee that he /she'Itiey executed the same in his /Uer /tlfier authorized capacity(.i ), and that by his /hei*hei signature(a)°on the instrument the person(.ij or the entity upon behalf of which the person(e)'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. DIANE L. KELLEBREW WC NESS my an an official seal. CommHsion N 2050280 % Notary Public - Calitoraia L / Q J San Luis Obispo County A notary public nr r officer completing this certificate verifies only the identity of the ' ividual who has signed the document to which this cc- ate is attached, and not the truthfulness, accuracy, oryalidity of that document. State of California County of _ On before me, personally appeared who prove e on the basis of satisfactory evidence to be the person(s) whose ze(s) is /are subscribed to the withi strurne'�t and acknowledged to me that he /she /they execute e same in his /her /their authorized capacity(i and that by his /her /their signature(s) on the instil nt the person(s), or the entity upon behalf of which the , son(s) acted, executed the instill 5 Agreement to Relocate Easement and Amendment to Grant of Easement and Easement Agreement (City of San Luis Obispo) CITY OF SAN LUIS OBISPO By K]�, q� Jan Mar t1or ATTEST: Ir CITY CLLit Lee Price, MMC APPRO ED AS TO FORM: CITY VtORNEY Christine Dietrick EXHIEFT "A" ATTACHMENT A Legal Description of the Property Real property in the unincorporated area of the San Luis Obispo County of San Luis Obispo, State of California, described as follows: PARCEL 1'. Lot 31 of the Map of the Subdivisions of a Tract of land adjoining the Town of San Luis Obispo, the Property of W.L. Beebee and C,li. Phillips surveyed by R,R, Harris, November 1874, partially In the City of San Luis Obispo, In the County of San Luis Obispo, State of Callfornla, according to map recorded In the office of the County Recorder of said County. EXCEPTING therefrom that portion thereof conveyed to H,E, McBride in deed dated May 5, 1887 and recorded May 5, 1887 in Book X, Page 58 of Deeds. ALSO EXCEPTING therefrom that portion conveyed to the City of San Luis Obispo in deed recorded November 15, 1974 in Book 1806, Page 315 of Official Records. ALSO EXCEPTING therefrom Lots 1 through 40, Lot A, Stoneridge Drive, Bluerock Drive, Bluerock Court and Rockview Place as shown upon the map of Tract No. 1150, in the County of San Luis Obispo, State of California, according to map recorded in Book 13, Page 48 of Maps, In the office of the County Recorder of said County. ALSO EXCEPTING therefrom that portion of Tract No. 1150 as described in the Gift Deed to the City of San Luis Obispo recorded April 9, 1993 In Book 4068, Page 185 of Official Records. ALSO EXCEPTING Tract No. 2126, in the City of San Luis Obispo, In the County of San Luis Obispo, State of California, as recorded March 21, 1997 in Book 18, Page 1 of Maps, in the office of the County Recorder of said County and Certificate of Correction recorded May 8, 1998 as Instrument No, 1998 - 027041 of Official Records. PARCEL 2: All that part of Government Lots 3 and 4 and the South 1/2 of the Northwest 1/4 of Section 2 in Township 31 South, Range 12 East, Mount Diablo Base and Meridian, partially In the City of San Luis Obispo, In the County of San Luis Obispo, State of California, according to the official plat of the survey of said land approved by the Surveyor General on November 21, 1867, described as follows; Reginning at the 1/4 section corner between Sections 2 and 35 on the line between Townships 30 and 31 South, Range 12 East, Mount Diablo Base and Meridian and running thence West between Sections 2 and 35 aforesaid about 30 chains to post R. No, 2; thence SOLIth 40,25 chains to a post marked R. No, 1 on the center East and West line of Section 2; thence East about 30 chains to the center of said Section 2; thence North about 40 chains to the place of beginning. EXCEPTING therefrom that portion thereof conveyed to H.E, McBride In deed dated May 5, 1887 and recorded May 5, 1887 In Book X, Page 58 of Deeds. ALSO EXCEPTING therefrom that portion of Tract No. 1150 as described in the Gift Deed to the City of San Luis Obispo recorded April 9, 1993 In Book 4068, Page 18S of Official Records. Deacr.iptlon; �^,an Lula obJapo,CA Ducumexi' Yeax',Doo.iD 2007.92000 Pager 21 of 1[3 orders 11 Commanti ALSO EXCEPTING therefrom those portions offered for dedlcaklon to the City of San Luis Obispo, In the documents recorded In Hoak 2801, Page 726 and In Book 2881, Page 730 of Official Records. ALSO EXCEPTING Tract No. 2125, in the City of Sari Luis Obispo, In the County of San Lull Obispo, ate of California, as recorded March 21, 1997 in Rook 18, Page 1 of Maps, In the office of the County Recorder of sold County and Certlficate of Correction recorded May 8, 1998 as Instrument No. 1998. 027041 of Official Records. APN; 053- 022 -016 Dadariptions San Lute oblapo,CA ppaument - Yaar,VooXD 2007,42000 Nagar 12 of 18 Ordar t 11 Comment i EXHIBIT `B" All that real property located in the State of California, County of San Luis Obispo, described as follows: Approximately three acres at the highest elevation of Lot B of Tract 744, Villa Fontana, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map recorded in Book 10 at page 35 of Maps. June 30, 2016 EM /DH EXHIBIT "C" Legal Description - Interim Easement for Access Purposes All the portion of real property contained within Lot 31 of the map of subdivision of a tract of land adjoining the town of San Luis Obispo, the property of W.L. Beebee and C.H. Philips surveyed by R.R. Harris, November 1874, and a portion of government Lots 3 and 4 and the south % of the northwest % of Section 2 in Township 31 South, Range 12 East, Mount Diablo Meridian, City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: A 12 foot wide strip of land, lying 6 feet each side of the following described centerline, the sidelines of which are lengthened and shortened to meet the southerly line of Tract Map No. 1150 as recorded in Book 13 of Maps, Page 48 in the office of the County Recorder of said county as Document Number 57427, more particularly described as follows: BEGINNING at a point on the southerly line of said Tract Map No. 1150, which bears South 89 °51'43" West 1544.95 feet from the southeasterly corner of the area delineated as "NOT A PART" on said Tract Map No. 1150; Thence leaving the southerly line of said Tract Map No. 1150, the following fifteen (15) courses: 1. North 00 °01'06" West 88.75 feet to the beginning of a tangent curve, concave southeasterly, having a radius of 40.00 feet; 2. Along said curve through a central angle of 89 °56'18" an arc distance of 62.79 feet; 3. North 89 °55'12" East 151.45 feet to the beginning of a tangent curve, concave northwesterly, having a radius of 150.00 feet; 4. Along said curve through a central angle of 48 °16'09" an arc distance of 126.37 feet; 5. North 41 °39'03" East 61.45 feet to the beginning of a tangent curve, concave westerly, having a radius of 40.00 feet; 6. Along said curve through a central angle of 103 °29'05" an arc distance of 72.25 feet to the beginning of a reverse curve, concave northeasterly, having a radius of 504.53 feet; 7. Along said curve through a central angle of 29'27'28" an arc distance of 259.39 feet to the beginning of a compound curve, concave easterly, having a radius of 40.00 feet; 8. Along said curve through a central angle of 94 °09'02" an arc distance of 65.73 feet; 9. North 61° 46' 28" East 33.74 feet to the beginning of a tangent curve, concave northwesterly, having a radius of 50.00 feet; 10. Along said curve through a central angle of 56° 45' 59" an arc distance of 49.54 feet; 11. North 05° 00' 29" East 53.43 feet to the beginning of a tangent curve, concave westerly, having a radius of 50.00 feet; 12. Along said curve through a central angle of 20° 25' 58" an arc distance of 17.83 feet; Page 1 of 7 13. North 15° 25' 29" West 85.56 feet to the beginning of a tangent curve, concave easterly, having a radius of 98.41 feet; 14. Along said curve through a central angle of 21° 06'03" an arc distance of 36.24 feet; 15. North 05° 40' 33" East 29.55 feet to the centerline of the access road described by the document recorded as Instrument No. 2002 - 002978 in the office of the County Recorder of said County; Thence along the centerline of said access road the following fifteen (15) courses: 1. North 12° 31'40" East 82.18 feet; 2. North 390 48'07" West 78.95 feet; 3. North 67 °_45' 32 "_West_93.10 feet; 4. North 46° 56'44" West 119.04 feet; 5. North 080 26' 18" West 78.38 feet; 6. North 33° 05' 33" West 133.72 feet; 7. North 25° 53'00" West 120.63 feet; 8. North 37° 12'07" West 270.58 feet; 9. North 400 18'08" West 142.63 feet; 10. North 35° 10' 10" West 136.79 feet; 11. North 81° 17'22" West 180.81 feet; 12. North 62° 41' 16" West 232.23 feet; 13. North 64° 31'48" West 115.02 feet; 14. North 38° 01'25" West 104.21 feet; 15. North 71° 31' 13" West 92.79 feet to the POINT OF TERMINUS Containing: 0.87 acres, more or less Page 2 of 7 Legal Description prepared by or under the ANN supervision of: �ca`4 C. DL� 06/30/16 N0. 8925 Daniel C. Helt Date E P. 9130/16 L.S. 8925 OF CAO Page 2 of 7 U D: W Z o: a L= 62.79', R= 40.00' A = 89 "5918" NO. 8925 OF CALM` MATCHLINE - SEE SHEET 5 N05" 00' 29 "E 53.43' L= 49.54', R= 50.00' CENTERLINE OF ACCESS f'\l A = 56 "45'59" ROAD PER INST. N0, 2002 - 002978 L= 65.73', R�0.00' A = 94 °09'02" 4 \a9 °�28 0 0 z� W :D W- :D w w O = " N TETRA TECH M fD www.tetratech.com 0 865 Aerovista Dr. o San Luis Obispo CA, 93401 M (805) 542 -9052 INTERIM ACCESS EASEMENT L= 7225', R= 40.00' 9 =103 °29'05" N89" 5- 5'12 - "E --_—+— -� liv %, 151.45' �. ..}- -- L =�� 3T EXISTING PATH PER 2353 12' IMPROVEMENT PLANS s SOUTHEASTERLY CORNER OF THE AREA DELINEATED AS "NOT A PART" ON SAID TRACT MAP NO. 1150 PER 13 -MB -48 r �77 TRACT 2353 INTERIM ACCESS EASEMENT P.O.B. 0 50 10( SCALE: 1" = 100' EXISTING TRACT 2353 ACCESS POINT EXISTING PUBLIC STREET (CHERRY LANE) P.O.B. P.O.T TRACT 2428 INTERIM ACCESS EASEMENT EXHIBIT "D" LEGEND ACCESS EASEMENT CENTERLINE POINT OF BEGINNING POINT OF TERMINUS Project No.: 135 - 100831 -14001 r Date: 6 -30 -2016 i- Designed By: Cz r T 4OF7 0 mmW Bar Measures 1 inch U w W Z H rY Q MATCHLINE - SEE SHEET 6 ACCESS ROAD PER INST. NO. 2002-002978 ACCESS ROAD NORTH OF INTERSECTION IS TO MAINTAINED BY THE CITY. ACCESS ROAD SOUTH OF THE INTERSECTION IS TO MAINTAINED BY THE DEVELOPER UNTIL PUBLIC IMPROVEMENTS ARE ACCEPTED BY THE CITY. CENTERLINE OF ACCESS ROAD PER INST. NO. 2002-002978 -. MATCHLINE - SEE SHEET 4 C, INTERSECTION WITH ACCESS ROAD CENTERLINE PER INST. NO. 2002-002978 N05" 40'33"E L= 29.55' L= 36.24', R= 98.41' A = 21'06'03" N15" 25'29"W 85.56' L= 17.83', R= 50.00' A = 20 °25'58" N05° 00'29"E 53.43' [y u " LEGEND o —1 - -- ACCESS EASEMENT CENTERLINE * NO. 8925 * P.O.B. POINT OF BEGINNING 0 50 100 P.O.T POINT OF TERMINUS OF CAO�P SCALE: 1" = 100' Project No,: 135 - 100831 -14001 'F TETRA TECH Date: 6 -30 -2016 1 TRACT 2428 � Designed By: Cz r www.tetratech.com INTERIM ACCESS EASEMENT 865 Aerovista Or n San Luis Obispo CA, 93401 EXHIBIT "D" 5 OF 7 (805) 542 -9052 Bar Measures 1 inch momd Bar Measures 1 inch CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Agreement to Relocate Easement and Amendment to Grant of Easement and EasementAgreement, dated 2016, from Margarita Ranch SLO, LLC, a California limited liability 47 V company, 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. �" I,,, - IA�. D CITY OF SAN LUIS OBISPO City Clerk Mayor Marx [City seal required] t r 1 f Doc No: 1994 - 030202 AEA No: 00061309 Official Records ;NF 0.00 San Luis Obispo Co. Recording requested by: Francis M. Cooney ; City of San Luis Obispo Recordar Aug 24, 1994 ; When recorded mail to: Time: 14:46 C? t; Clerk r City of San Luis Obispo 9 ,TOTAL 0.00 P.C. Box 8100 San Luis Obispo, CA 93403-8100 Oeed 1414 APN 076- 331 -0015 / GRANT Or ACCESS EASEMENT AND EASEMENT AGREEMENT iS THIS AGREEMENT made this 17th day of A sgmse 1994, by and between JOHN E ICING, CAROLE D ICING, J EDMUND SMITH, BEVERLY ELDER SMITH, CLIFF BRANCH, RANDI BRANCH, CHRISTOPHER A HELENIUS, and LYNO HELENIUS, hereinafter referred to as "Grantors ", and the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter referred to as "City ". k WHEREAS, the Grantors are the owners of that certain real property located in the County of San Luis Obispo, State of California, in Section 2, Township 31 So;?th, Range 12 East, Mount: ;+ s Diablo Base and Meridian., as shown on page 2 of 3 as "NOT A PART" FS of the Map for Tract 1150 filed in Book 13 of MAPS at page 48 in the Office of the County Recorder; and 4 WHEREAS, City desires to acquire access casement rights over 11f "NOT A PART" for vehicular access to construct and maintain a new City communication transmission site on property lying westerly of the Grantors propcxty; hl NOW, THEREFORE, IT IS AGREED AS FOLLvWS: The Grantorsliereby grant to City a permanent access easement over the Grantors pro perty, located within Section 3, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, from the current access point at Ca lle Jazmin to the adjacent property on which the transwission site is to be located. - she easement shall be as generally depicted on the attached map marked Exhibit A and described on Exhibit 8 to provide for all weather access for two wheel drive vehicle anu be approximately 20 feet wide. SUBJECT TO THE FOLLOWING COVENANTS, TERMS, AND CONDITIONS: 1. rg uqtj ui,. The City shall have the right to do m:. nor grading, install minor drainage facilities and place base materials 1 on the access easement for the purpose of improving the access road surface. D -1414 r I �I r f f I The City shall conduct its activities in such a manner as to protect the Grantors property, including structures and improvemontc. Z. Right tP R-eviZV .cress F�a_sement. Both parties agree to allow the other party to revise, shorten, or lengthen the access easement, or revise the point of connection to the public road system providing that the purpose for which the access easement was established can continue to be met and that no costs are incurred by the party not: requesting the change. Changes envisioned by this statement relate to those which would result should the property be developed and a roadway system established which would supersede some or all of the herein described access easement. 3. Right of IM)-try. The City and its agents shall have constant access to the access easement For construction and maintenance of tRie road and /or to travel to the transmission site. The City shall be responsibxj: to provide and maintain an additional lock at each end of the access easement. 4. MaihtenanCe. The City is responsible for maintaining the access ° -mod -u Eace neglecting only those portions which are replaced sswith public or private improved toads if development occurs. All maintenance of the access road shall, be at the sole cost and expense of the City. 5. ;ndsemni icat on. The city shall indemnify and hold the Grantors free and harmless from any and all claims, demands and liability whatsoever arising on account of or as a result of the design, construction, or maintenance of the improvements or easement by the City or its agents, employees, or contractors. 6. B' in Eff ct. This agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written above. GRANT j JOIIN E G 'r7a +"r ' Ae- J. 'I~ HO SMITH Dat C I ID. Ki v D 1, e Avm, �_ EVERLY LDER SMITH Dat_ a ji I I� CLCFF BRANCH TIELENIUS Date MAYOR Pei/Pir .F+e -• +b • a y CRY ,LERK D Witness A OIwlFC P)Kf MH RANDI BRANCH r Approved As to .orm; f 1 .f ,f a J y I 1 i .74 STATE OF CALIFORNIA a COUNTY OF On mg the In y� belore� me unders.9ne0 Notary Public porsnaally aprinaraA E r f personally known to me a "rnveu to rru0 an the basis of sakslanory evidence u u Z 10 be Iho pal' - KNq whn•.n amq(s] yoWn�iW to Ih;o W`rlhin migh Vnanl and l7 < Wk. whf0Q0d to Ytap UWI� 4renAM Iltn - nnw in A&IO pu,honied WpaplyPp:l A.ryf j1k111ty slgratumisl On the insVV,n"I IhA per5on151. or the enl,Iy upon behal! et whfO the personlsl acted- ox"ulod Iho rn5llumenl Y WITNESS my hand and o1lrc,al sea, �a w In Notary's SlgnnluF iM• Y CanrnissiSen A H Et LaCIrtArCTH 0aTaY a Y P"OLI c )CIS81SPOCQK W RTY I JIMIA ' np Jun17. fW4 FOR NOTARY SEAL OR STAMP Ni, 5.93 Slate of +®Illlr OPTIONAL SECTION ririiii CAPACITY CLAIMED PY SIGNER County OI� 4 Yl Yy f Thwoh stalyl0 4004 nal-MV.1 tlw NauuY t0 r� ''7 r� (III 'l. the data limo.. I?" se may Prove 3 !k yF V*ZlO Inpo u,Ki"p.lheda ronl On before ma, - OATF tLVAS. T114F. OFO FelCefl •CO'AANEOO6.NOTAt1YPUBLIC' diNr)iviDUAI_ - � CORPORATE 0 F personally appeared ;] r.. , F ICER(S1 i ersonally known to me - OR - [] proved to me on the basis of satisfactory evidence U PARTNER(S) E] LIMITED to no Iho PO'COC(ci Wi,053 aame(5) ISTc'7re L) GENEHAL subscribed to the within instrument and ac- ❑ ATTORNEY-IN-FACT Ilyyy knowl?dged to me !hal helshe /they executed TnUSTEE(S) +� ! u.�q• the S:]me in his /her /their authorized capacity(ies), and that by his /her/th6;r GUARDIA11MONSERVATOR OQAfA. s t011d�l/ Signalure(s) in the instrumont the porson(s), OTHER: P t o or the enti,v, upon behalf of which the -- CM,rn. nfOC p on(s! acted, executed the instrument. �.._�.. SIGNER IS REPRESENTING: WITNESS my hand n o fa{ seal. NAME Or PrnsoN151 OPEN1ITvpESI $IONAN E:OF NOTA11Y OPTIONAL SECTION rrn TH!S CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT e" THE DOCUMENT OESCnISED AT P.IGHT: — �— -- �—•- — T NUMBER OF PAGES �I'�+ DATE OF DOCUMFN1' Th'ughlhpdAlatANrw.uK;wres i. rot Nquired by law, _. iEfr �u-sF lli :7fi�/r,A noc uklypuenT daudulirmn.lrscnmlInt01hofor", SIGNER( B) OTHERI !I, ",!iNAMF.DABOVt��- 1e -',_i 04itCV,-&,iun.ltnr.n,crn I-, a....,. . -- — r rv,. ' ryrJ, Anv'4bUUA I IUN • b:!5 Remmnl Ave. P O BOX 71 V • farq�e PaM CA 91 Mg.7164 I Ir tl 'a F e Slate nP j t A County of -" d& s VIS-0y, C� i On WDA a4:-- before me, N AVE 11T1? et' Or�C(R cc, 'JAN( pt7F', rytJ1A+'1Y FUB:JL- personally appeared NAIA_IS; G*'SMN'ER;Sr —'� —• �etsonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within ::ISi:uulani and at; knowledgiod to me that he /she /they executed the same in hisiheliiileir authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), lA14uR+[I�Igppc?Otv1Y or the entity upon behalf of which the cOr"^L oCr I' person(s) acted, execute the instrument WITNESS y ha n f tclal seal. SIGNATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though thR data mrwoSlod her .7 Is not requeore by I.lw, it could prwenl llaudelanl reallachmanl of INS form OPTIONAL SECTION NO 5191 Onma OPTIONAL SECTION IitIIIIIiiiF CAPACITY CLAIMED BY SIGNER Though %I;duro does rv)I+ddtwn We Noary to fill .a the dnta below domq u mar prove nval,MVA al rnrmmr 'A-3 OM en (IMIhnnl INDIVIDUAL L] CORPORATE OFFICERISI Trh F;L. PARTNERS) LIMITED 0 GENERAL 0 ATTORNE`: IN FACT TRUSTEE(S) GUARDIAN;CONSERVATOR GTHER SIGNER IS REPRESENTING: NAME OF PERSCNISI OF ENTITV;IE51 TITLE OR TvPE OF OOCUMENT_G&A!.pt ;r Aa. —m—S e>Gc.�.-••_^I��� NUMBER OF PARES DATE OP DOCUMENT 1..IhArtrcrc•� SIGHERI5; p'1 HER THAI) NAMED ABOVE '+ �I GT,L� 1� �?4 *�•erf 6!' -c�W �i,r61 A�.�>S" .c WJ NA IIUNAL NOTARY ASSOCIATION - 6236 nemmel Ave. P.O. BOX 7184 • Clui Para. CA 91309 7184 + ��II��u,1 + , l ■ ��y ,r�,y�1a� it Ll CMNI17 AL.LI PURPOSE ACKNOWLEDGMENT No 5171 State of Lyw A OPTIONAL SECTION W p CAPACITY CLAIMED BY SIGNER County r1 r1 ON510 rhouph statute loos not regwe the Notary to � � � fill in IhR data below doing so may prove RlvatuWO lo0er40A4 reliong Rmhe doarnent Or, before Who, G OA 15 N4}JE, ItiLE �F OFFICER- ore G •JAilE OOE, HpTARy aUel10• !1 )VIDtIAI 1 I personally appea:ed_ctiD PAak'15 h CORPORATE OFFICERISI TIttE181 sonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence PARTNERts' [] I IMITED to be the person(s) whose name(s) is /are ❑ GENERAL subscribed to the within instrument and ac- ❑ ATTORNEY IN FACT knowledged to me that he/she /they executed ❑ TRUSTFE(S) esignature(,) aAa the same in hisiher /their authorized capacily(ios), and that by his /her /their on the instrument the person(s), GUARDIANrCONSERVATOR OTHER aor the antily upon behalf of which the w r +soCT77•t+fyA perconfrl acted, executed the instrument. SIGNER IS REPRESENTING: WITNESS my and nd N 'a I. NAME OF PE R50NIS1 o kr toes/ slnNeslr.:..,,.,,,„ Tcu5GERTiFICATE MUST BE ATTACHED TO OPTIMAL SECrt' r TITLE OR TYPE OF DOOUMCN. " T-' 4E DOCU..%W,4T DESCRIBED AT RIGHT- �L- NUN.tyt:74F Though the dim tow,"ted two is not raquira d by 1uw. PAGtiS._'1 � — DATj LF DOCUMENT y yfa+tae+ra. -S ►nwa T * L�"L� 114omd wavom bcudulem raaAnchimrat at Ihq form SIGNERIS) OTHER THAN NAMED ABOVE: _ k1'(T 69;s -C n44_ ue .LXj � trio -0100 NATIONAL NOTAnY A660CIAT.ON -0-39 Rommat Ave. P 0 9(,a 7104 • Canoga Park. CA 91;;,1) 71F4 e r r� 1, r.� Ir r r i Ir� I' Ir ACKNOWLEDGMENT State of_A_M,„ Q�&J1 /N County of";� W =s a&15?6) On before me, k� h� JT GATE NAVE idLF. (IF FFK.F,R F n './AHF. bOE rKJ *AAY PULTLIG" personally appeared —tiiLT' �- _ OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though stalutn If— riot INulw the Notary la 141 In the data hnlnw dning cn may prnva nmluable to persons Ia!ang Oa medwumenl INDIVIDUAL CORPORATE OFFICER(S) SUBSCRIBING - WITNESS CER•rIFICATE State of County of Oi\ U j SS NAIAEISI OF SIGNER(S) RTLEi SI Grsonally known to me - OR - proved to me on the basis of satisfactory evidence Q PARTNERS) EJ LIMITED I to be the person(s) whose name(s) is /are GENERAL subscribed to the within instrument and ac- ❑ ATTORNEY -IN FACT knowledged to me that he /she /th3y executed 0 TRUSTEE( - 1gR the same in his /her /their authorized E] GUARDIAN CONSEnVATOn _�,e1a17� capacity(ies), and that by his /her /their ❑OTIIER: signature(s) on the instrument the person(s), MCurvnr4OGT U.tPF] or the entity upon behalf of which the person(s) acled, iexecul h. Instrumenr. — - — - - ---- - — SIGNER IS REPRESENTING: WITNESS my and lid ft at Seal. NAMEOF PERSONISIORENTITYIIF.SI r. .. SIGNATURE OF NOTARY OPTIONAL SECTIOlON THIS CERTIFICATE MURT 13E ATTACHED TO A TITLE OR TYPE OF DOCUMENT;,(• 0t' %'S CY!6� THE DOCUMENT DESCRIBED AT RIGHT: r NUTABEROFPAGES VC-5 DATE oFDOCUMENT F Though IRO dal:! rop,05101 In 10 Is not roquund by Inw. [iiA.Y 11$rX""r•r r L'r i ' °I II calk) prevent fraudulent nmachmenl of Ihls term. SIGhTn�ij OTHER THAN NAMED ABOVE ?f @+1M+ -+•yl I L• cAFr- 'v,�_;5,11•T►J �tl. i+r•rrYT�� SUBSCRIBING - WITNESS CER•rIFICATE State of County of Oi\ U j SS 01993 NATIUNAL NOTARY ASSOCIATION • 9236 Rommot Ave., P O BOA 7194 • Canoga Palk- CA 91 8119 71114 No. 5195 On Ibis II Ic Att day or =••'rf R,, -I % 1, yr,rurl•`I-�le mc, the.riders fined Ne!ary P,"K; 1xVwxiallyappeawdl.Jl�t'+" [lp!J"v'^. (•t�•ty!.,! >:n!au:L.;rly ,v:p!c�st �1FI VhiNiy klw()'AYt lu Inn i pn,vnd to m0 on IN! oath all.,TuAun RI Ilia nu OI oW Llle wllnoSS who. r, wdnoss whrnn I knew perRUa ally tabu flat lwrrAwr whow relnn: it laNt51•r$¢rd R, II+`wd tinti !k�R('111.15nwdrllx5ihlnr•IIL. w4u;_ Invli'l by>q:Jt IrAV •:wi..'! (��Jy,,tlTjSJJ an'I'awy,'1�f O ,LY�11•� the :iln•i vrys!i Wlesl:nl.Ytll S.lw VG -�'N �t"'�` Ir:uR,•III Irrclrill,Nwyr1, •r(we1 .a711vawrJfa•k,•,. N,)Ia,y). the •inaw la•... Yr llr'•If 111 H•(I'll A +Nr'wr %trtirl IN41Mf k5 ST ArSCIdI[Nl P IIM y,ll'ul Irter1 �,llun'i,9! x+ stuumnl as 0 Patty Ihewil" -CCUIC tRrt ,hr(t ltl.rt s.olr+d n!.;IAra�n {lv'sTl: (] 1 ] ) ii1N {YYI INnu! lu 1•I• WIIIIUI n,�lrina•,u ,>y.tywl1t(••.•.:'�1 fYm NXRu`ri11t! � 4 j� ^•G7 J �'� 1iw1 If 'III/ {I (name of t;lll l(flrMl 10.�1!I!r d!)dm) 1TNIY,Try!. sp1441 r11rr'1 ATTENTION NOTARY: AIIIIaaah ua N: +,Ie•r..,nrnelaitwwrw. OPTIC41AL it mxwl lw•ne•d hraMwdullerl.u.., r.t U•s.,a'•4afn lu Ny.,oYa,k.alr TIUSCERnRCA�E Tille(,rTywoIv)oerm urnl 14'r, a'F- � j' t v✓l" `t � ' MUST BE ATTACHED ;� ' f r • y Nu ',otofRo;1— �'f V �- Dato d b(HH.Uhict.Mr+rS TO THE DOCUMENT CTKIS 1 iltl i cAYT.�s �1�,, DESCRIBED AT RIGHT Shp Ier(9) Other Than Nanled Above j rOM• O 1 � I ^rr �+ itT{ of 902 NATIONAL NOTARY ASSOCIATION • 9239 gNMO Ave • C•t^oA Prk• CA 913%7164 IESp.IUAw-aNE pwc w4w - wr!m. Ex 'r01I OCi 1 01993 NATIUNAL NOTARY ASSOCIATION • 9236 Rommot Ave., P O BOA 7194 • Canoga Palk- CA 91 8119 71114 No. 5195 On Ibis II Ic Att day or =••'rf R,, -I % 1, yr,rurl•`I-�le mc, the.riders fined Ne!ary P,"K; 1xVwxiallyappeawdl.Jl�t'+" [lp!J"v'^. (•t�•ty!.,! >:n!au:L.;rly ,v:p!c�st �1FI VhiNiy klw()'AYt lu Inn i pn,vnd to m0 on IN! oath all.,TuAun RI Ilia nu OI oW Llle wllnoSS who. r, wdnoss whrnn I knew perRUa ally tabu flat lwrrAwr whow relnn: it laNt51•r$¢rd R, II+`wd tinti !k�R('111.15nwdrllx5ihlnr•IIL. w4u;_ Invli'l by>q:Jt IrAV •:wi..'! (��Jy,,tlTjSJJ an'I'awy,'1�f O ,LY�11•� the :iln•i vrys!i Wlesl:nl.Ytll S.lw VG -�'N �t"'�` Ir:uR,•III Irrclrill,Nwyr1, •r(we1 .a711vawrJfa•k,•,. N,)Ia,y). the •inaw la•... Yr llr'•If 111 H•(I'll A +Nr'wr %trtirl IN41Mf k5 ST ArSCIdI[Nl P IIM y,ll'ul Irter1 �,llun'i,9! x+ stuumnl as 0 Patty Ihewil" -CCUIC tRrt ,hr(t ltl.rt s.olr+d n!.;IAra�n {lv'sTl: (] 1 ] ) ii1N {YYI INnu! lu 1•I• WIIIIUI n,�lrina•,u ,>y.tywl1t(••.•.:'�1 fYm NXRu`ri11t! � 4 j� ^•G7 J �'� 1iw1 If 'III/ {I (name of t;lll l(flrMl 10.�1!I!r d!)dm) 1TNIY,Try!. sp1441 r11rr'1 ATTENTION NOTARY: AIIIIaaah ua N: +,Ie•r..,nrnelaitwwrw. OPTIC41AL it mxwl lw•ne•d hraMwdullerl.u.., r.t U•s.,a'•4afn lu Ny.,oYa,k.alr TIUSCERnRCA�E Tille(,rTywoIv)oerm urnl 14'r, a'F- � j' t v✓l" `t � ' MUST BE ATTACHED ;� ' f r • y Nu ',otofRo;1— �'f V �- Dato d b(HH.Uhict.Mr+rS TO THE DOCUMENT CTKIS 1 iltl i cAYT.�s �1�,, DESCRIBED AT RIGHT Shp Ier(9) Other Than Nanled Above j rOM• O 1 � I ^rr �+ itT{ of 902 NATIONAL NOTARY ASSOCIATION • 9239 gNMO Ave • C•t^oA Prk• CA 913%7164 r r r �r f FOR GRAN;: OF ACCESS EASEMENT BETWEEN JOHN RING ET'AL AND CITY OF SAN U71B OBiSPO For property located in the County of San Luis Obispo, State of California, in Section 2, Township 31 South, Range 12 East, Mount Diablo lease and Meridian Access Easement shall fall on either side of the below described centerline of the easement: Beginning at the point 18 feet easterly from the westerly most right of way line of the northern most E31l of the City of San Luis Obispo city street Call.e Jazmin as shown on the: Tract Map for Tract 400 filed in 000k 8 of MAPS an page 2 i+.j the Office Of the County Recorder; thence 118.0 feet N 2° 45' W; thence 291.4 feet N 90 141 E; thence 90.6 feet N 25° 29' E; the nce nce 173.2 feet N 410 25' E; thence 102.• feet S FS* 49" E; thence 91.5 feet S 64° 34' E; ther,7e 16Q "Ret S 540 21, E; the 63.5 feet N 300 391 W; thence 12 feet N 1.0 58. W; thence 146.6 feet N 70 451 W; thznLe 78.5 feet N 69 42' E; thence 75.6 feet N 260 V W; thence 149.1 feet N 610 50,1 W; thence 106.8 feet N 390 03' W; thence 114.8 feet N 170 41' W; thence 73.8 feet N 39° 49' W; thence 135.5 feet 4 280 031 W; thence 434.1 feet N 390 12' W; thence 91.7 feet N 350 20' W; thence 81.4 Feet N 740 44,1 W; thence 133.4 feet N 790 29, W; thence 381.5 feet N 650 29' W; thence 47.7 feet p31.3s or minus N 749 29' W to the easterly propel•ty line of Traci: 744 at a point lying 622 feet south, plus or minus, from the northeasterly most corner of Tract 744 as shown nn the Tract Map for Tract 744 filed in Book 10 of MAPS on page 35 in the Office Of the County Recorder. EXH1131T B f l °I 1 N I0 1 y r 1 E I f' city of sAn Us oBispo 1 990 Palm Slreellpost Office Box 8100 • San Luls Obispo, GA 93403 -8100 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the W Grant of Access Easement and Easement Agreement dated August 17 19 94,frorn John E. King, Carole D. King, J. Edmund Smith, Beverly Elder Smith, Cliff Branch, Randi Branch, Christopher A. Helenius, and Lynn Helenius to the CITY OF SAN LUIS OBISPO, a Political 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 Volunic 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: � 2 9 � 1c. AT ST: ; V. Z-4 ` .6 ENO? OF DOCUMENT 4 CITY OF SAN LUIS OBISPO By r�.e. , .d. , Per! Pirtar�Mayor city of san Luis oBispo MEMORANDUM July 13, 2016 Department of Community Development TO: Shannon Sims, City Manager's Office FROM: Diane Dostalek, Senior Civil Engineer 783 -7704 919 Palm Street, San Luis Obispo, CA 93401 SUBJECT: Agreement to Relocate Easement, Tract 2428, 3000 Calle Malva Attached is an Agreement to Relocate Easement for Tract 2428 for the Mayor's signature. In 1994, the previous owners of the property granted the City an easement to access our cell tower at the top of the privately -owned hill. See attached Grant of Access Easement and Easement Agreement. In order to facilitate construction of Tract 2428 (Toscano), the City's existing cell tower easement needs to be relocated to accommodate the phased construction of the project. The attached Agreement to Relocate Easement provides for that relocation and also adds an easement for pedestrian and bicycle access in order to satisfy one of the conditions of Tract 2428. The City's Natural Resource Manager has reviewed and approved the easement configuration. Pursuant to the attached Resolution No. 5370 (1984 Series), the Mayor is authorized to accept easements on behalf of the City. Please have the Mayor sign the attached Agreement to Relocate Easement (her signature needs to be attested by City Clerk). Once signed, please return to me for further processing. P .00 x.: RF Recording Requested by CITY OF SAN LUIS OBISPO When Recorded, Please Return To: City-tYericls- Office — X100: NO -- .7'1:9 U City of San Luis Obispo OFFICIAL RECORDS P.O. Box 321 SAN LUIS OBISPO CO., CAL San Luis Obispo, CA 93406 JUN 1 51984 FRANCIS M. COONEY j RESOLUTION NO. 5370 (1984 Series) 'nMECounty Clerk-Recorder 2:40PM A RESOLUTION AUTHORIZING THE MAYOR AND VICE -MAYOR TO ACCEPT AND CONSENT TO RECORDATION OF DEEDS OR GRANTS TO THE CITY OF SAN LUIS OBISPO AND RESCINDING RESOLUTION 549 (1959 SERIES) WHEREAS, Section 27281 of the Government Code of California permits the City Council, by general resolution, to authorize officers or agents to accept and consent to the recordation of deeds or grants conveying any interest in or easement upon real property to the City of San Luis Obispo for public purposes, by such officers or agents executing the certificates as provided therein, which certificate shall be attached to or printed on the deed or grant; and WHEREAS, it appears desirable to authorize the Mayor and Vice -Mayor as such officers and agents to accept and consent to such recording. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, State of California: 1. That both the Mayor and Vice -Mayor of the City of San Luis Obispo are hereby authorized to accept and consent to the recordation of any deed or grant conveying any interest in or easement upon real property to the City of San Luis Obispo. 2. That the City Clerk of the City of San Luis Obispo is hereby directed to record this resolution. 3. That this resolution rescinds Resolution No. 549 (195 9 Series). On motion of Councilman Settle , seconded by Councilman griffin_, and on the following roll call vote: Resolution No. 53700984 Series) • Page 2 AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 5th day of June , 1984. NA OR A IE 1 .�A +b. +..•" q RK PAMELA GES Appr ed : Ci y Administrative Offs er City Att ney END Of DOCUMENT VOL 2004 FAGS 879