HomeMy WebLinkAboutD-2029 Agreement to Relocat Easement - APN 053-022-016Recording 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
EIVF,-I)
AUG 22 2016
2016035362
Tommy Gong
San Luis Obispo - County Clerk -Recorder
07/22/2016 10:09 AM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 17
Fees: $0.00
Taxes: $0.00
Total: $0.00
No reccrA n9 f ee. pt r Governvtn f CdJe 0143,
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
Ea s ent Agreement ("Amendment Agreement") is made and entered this �ay of
2016 by and between MARGARITA RANCH SLO, LLC, a California
lima d liability 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 Basement 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 terms 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
3
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: 7-�I•�c
M
Margarita Ranch SLQ; LLC, a
California Ii ' e a ' it}+ company
By:
Its: -1e-,e rf%1yFXl'f,
Name: Ogut115 A • +-AoW5:�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 of spa)
O1,l�� _ �L before me, UZI ft�,4�u rrL.—1 IJdO ��hQry
personally
appeared rI)n15 OCL'Src2 _: who proved to me on the basis of satisfactory
evidence to be tate personks)-whose name(,$) is/we subscribed to the within instrument and acknowledged
to me that he/sh&t1wy executed the sante in his/herAklir authorized capacity(), and that by his/herltheir
signature�r on the instrument the person(aj, or the entity upon behalf of which the person(a) 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
W1CSS my hand an official seal. Commis=ion M 2050280
Notary Public - California
San Luis Obispo County
Comm.L% Ex ices Dec 25. 2017
A notary public 0 1' officer completing this certificate verifies only the identity of
document to which this c—cMffiqate is attached, and not the truthfulness, accuracy, ori
State of California
County of
Pfividual who has signed the
of that document.
On before me, personally
appeared who prove ne on the basis of satisfactory
evidence to be the person(s) whose te(s) is/are subscribed to the withi ' strument and acknowledged
to me that he/she/they execute a same in his/her/their authorized capacity(I and that by his/her/their
signature(s) on the instnt nt the person(s), or the entity upon behalf of which the rson(s) acted,
executed the instru nt.
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
Jan Mar , or
ATTEST:
CITY CLE.� Lee Price, MMC
AM -IRO ED AS TO FORM:
CITY' ORNEY Christine Dietrick
EXHIBIT "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 11.11, Harris, November 1874, partially
In the City of San Luis QNspo, In the County of San Luls Obispo, State of California, according to
map recorded In the office of the County Recorder of said County.
EXCEPTING therefrorn 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, Biuerock 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;
Beginning 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 South 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 KE, 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 185 of Official Records.
poacripL1on; ,^,nn Lula OhIape) CA DooLuramL' •- You x•.DocSD 2007,42000 Pager 11 of 10
Order: 11 commantr
M
ALSO EXCEPTING therefrom thous portions ofrered for dedlcatlon to the City of San Luis Obispo,
In the documents recorded In Book 2881, Page 726 and In Bank 2661, Pane 730 of Official
Records.
ALSO EXCEPTING Tract No. 2126, In the City of Sart Luis Obispo, In the County Of San Luis
Obispo, State of California, as recorded March 21, 1997 in Book 18, Pa9e 1 of Maps, In the office
of the County Recorder of said County and Cert1fleate of Correction recorded May 8, 1998 as
Instrument No, 1998.027041 of Official Records,
APN:053-022-016
Descr.iptioni San Luce Obiupo,CA Aocament - Yeer,DocSD 2007.42000 Paget 12 oX 16
Ordert 11 Comment;
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 150 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 39° 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 08° 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 40° 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
.AND S
supervision of:
06/30116
Daniel C. Helt Date
* N0. 8925
EXP. 9/30/16 �P
OF cAl %4
L.S. 8925
Page 2 of 7
MATCHLINE - SEE SHEET 5
� N05° 00'29"E i —
�� 53.43'
L=49.54', R=50.00'
CENTERLINE OF ACCESS 9 = 56°45'59"
ROAD PER INST. NO.
2002-002978 ,�•
N61 ° 46' 28'
' L=65.73', R0.00' r 33.74'
A = 94°09'02" {
l � 12'
U ' \�S0
Lu o \�9.
INTERIM ACCESS
EASEMENT
X i
w
z L=72.25'. 13=40.00'
2 9 =103°29'05"Lu
o
U)) L=62.79', R=40.00' ' h
w A = 89°56'18"s�a
N89° 55' 12'E
151.45'r�31
EXISTING PATH PER 2353
12' IMPROVEMENT PLANS
I SOUTHEASTERLY CORNER OF
b THE AREA DELINEATED AS
o "NOT A PART" ON SAID TRACT
=� — — MAP N0, 1150 PER 13 -MB -08
l w i• ,
C.
�A _
J ;0 U
TRACT 2353
INTERIM ACCESS EASEMENT P.O.B.
EXISTING TRACT 2353 ACCESS POINT
EXISTING PUBLIC STREET (CHERRY LANE)
N 0.
8925
0 50 100
OF CAL�F`P SCALE: 1"= 100'
2
IL
N TETRA TECH
L "'1
M
www.tetratech.com
N865 Aerovista Or
o San Luis Obispo CA, 93401
(805)542-9052
TRACT 2428
INTERIM ACCESS EASEMENT
EXHIBIT "D"
LEGEND
ACCESS EASEMENT CENTERLINE
P.O.B. POINT OF BEGINNING
P.O.T POINT OF TERMINUS
Project No.: 135-100831-14001 F
Date: 6-30-2016
Designed By: CZ r
.T
40F7 3
momil Bac Measures 1 inch
J
MATCHLINE - SEE SHEET 6
���� MATCHLINE - SEE SHEET 4
c,
N0. 8925
P 0 50 100
OF Cq� �F, SCALE: 1" = 100'
INTERSECTION WITH ACCESS ROAD
CENTERLINE PER INST. NO. 2002-002978
05° 40'33"E
= 29.55'
=36.24', R=98.41'
= 21 °06'03"
i 25'29"W
56'
L=17.83', R=50.00'
0 = 20°25'58"
V05" 00'29"E
53.43'
LEGEND
----- ACCESS EASEMENT CENTERLINE
P.O.B. POINT OF BEGINNING
P.O.T POINT OF TERMINUS
a
...— ....
Project No.t 135-100831-14001
itTETRA
TECH
N
TRACT 2428
Date: 6-30-2016
In
_ _
Designed By: CZ 17y
wwwtetratech.com
INTERIM ACCESS EASEMENT
Aerovisla Dr
San Luis Obispo CA, 93401
N865
c
EXHIBIT "D"
5 OF 7 S
to
(805)542-9052
mmi Sar Measures 1 inch
mmO Par Measures 1 inch
momi k u, Measiwea 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 Easement Agreement, dated
—01. L -j 1 2016, from Margarita Ranch SLO, LLC, a California limited liability
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.
D
CITY OF SAN LUIS OBISPO
ATTEST:
Lee lice,
City Clerk
— rA-.'
Mayor ' Marx
[City seal required]
END OF DOCUMENT