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Home My WebLink AboutD-2035 Grant of restricted build easement and agreement ARN 002-402-047 10-18-2016REMNED 20/6054415 DE C 0 % 2016 Tommy Gong San Luis Obispo - County Clerk -Recorder 10/18/2016 11:01 AM RECORDING REQUESTED "--P WHEN RECORDED RETURN TO: City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401 APN 002-402-047 Recorded at the request of: PUBLIC Titles: 1 Pages: 9 Fees: $38.00 Taxes: 0.00 Total: 38.00 N. iFYI'111111 GRANT OF RESTRICTED BUILD EASEMENT AND AGREEMENT (NEGATIVE EASEMENT) THIS GRANT OF RESTRICTED BUILD EASEMENT AND AGREEMENT (NEGATIVE EASEMENT) ("Easement Agreement") is made and entered into as of 2,0416 (the "Effective Date"), by and between Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust utd October 19, 1990, as amended ("RRTRE"), and the City of San Luis Obispo, a municipal corporation of the State of California ("City"). RRTRE is the owner of the real property described in Exhibit A ("Parcel 3"), attached hereto. SLO Creamery LLC, a California limited liability company, is the owner of the parcel adjacent to Parcel 3, which is described on Exhibit B attached hereto ("SLO CREAMERY PARCEL"), and is in the process of obtaining a permit, BLDG 3225-2015, for construction of an expansion of an existing space suitable for a restaurant, immediately adjacent to Parcel 3. This proposed addition extends to the property boundary line between Parcel 3 and the SLO CREAMERY PARCEL (the "Property Line") and is to be constructed with exits and/or,7protected openings at or near Property Line. In order to comply with the requirements for a building with exits and unprotected openings constructed up to a property line, the City is requiring RRTRE to grant City a restricted build easement over a 10 foot portion of Parcel 3, as described on the attached Exhibit C and graphically shown on the attached Exhibit C-1. NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Grant of Easement. Subject to the terms and conditions contained herein, RRTRE hereby grants to the City, and City hereby accepts from RRTRE, a "restricted build" easement (the "Restricted Build Easement") upon that portion of Parcel 3 that is legally described in Exhibit C and graphically shown on the attached Exhibit C-1 (the "Restricted Build Easement Area"), which shall be for the benefit of the City. The provisions of the Restricted Build Easement shall be solely as set forth herein. -1- 2. Acceptance by Grantees. The City does hereby accept the foregoing grant of the Restricted Build Easement. 3. Character of Easement. RRTRE and City acknowledge and agree that the Restricted Build Easement is non-exclusive and in gross. 4. Ageement to Restrict Construction. The parties agree that, so long as there are exits or unprotected openings on the SLO CREAMERY PARCEL at or near the Property Line immediately adjacent to the Restricted Build Easement Area, no improvement shall be constructed or allowed within the Restricted Build Easement Area, which improvement would be in violation of the provisions of the currently adopted Uniform Building Code or Fire Safety Codes, as further amended or adopted, regarding construction of certain improvements too close in proximity to exiting or unprotected openings of adjacent buildings. By way of example only and not to be an all-inclusive list, this Easement Agreement shall not prevent the Restricted Build Easement Area from being used for driveways, sidewalks, patios, curbs and gutters, and landscaping, as such improvements would not constitute violations of such codes and nothing contained herein shall restrict the parties from constructing underground water, sewer, gas or electric utilities and appurtenances within the Restricted Build Easement Area, provided that there is compliance with the then currently adopted Zoning and Building Code regulations. 5. Amendment of Easement Agreement. This Easement Agreement shall not be amended, revoked or altered by the parties without the written consent of the City, which consent shall not be unreasonably withheld, conditioned or delayed and shall be recorded in the Official Records of San Luis Obispo County, California. It is the intention of the parties that this Easement Agreement shall terminate if and when all the exiting and the unprotected openings constructed on the SLO CREAMERY PARCEL located at or near the Property Line have been eliminated in compliance with the Uniform Building Code and Fire Safety Codes in effect at the time of termination. 6. Nature and Effect of Easements and Restrictions. Each and all of the easements, covenants, restrictions and rights contained herein are made for the benefit of RRTRE and City, constitute covenants running with the land and shall bind every person or entity having any interest in any portion of Parcel 3. 7. Notices. All notices, demands, requests, and exercises under this Easement Agreement by either party shall be in writing and be served by delivery to the other party's address as follows: If to RRTRE: Robin L. Rossi, Trustee 750 Pismo Street San Luis Obispo, CA 93401 Facsimile: (805) 543-4220 Email: Rob@rossi-ent.com If to City: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401-3218 -2- 8. Headings; Recitals. The section headings, which appear in some of the sections of this Easement Agreement, are for purposes of convenience and reference and are not in any sense to be construed as modifying the sections in which that appear. The recitals set forth above are incorporated into and made a part of this Easement Agreement. 9. Construction. The parties acknowledge that they have reviewed and revised this Easement Agreement, and their counsel has done or has had the opportunity to do the same, and agree that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Easement Agreement or any exhibits or amendments hereto. 10. Successors and Assigns. This Easement Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns and shall run with the land. 11. Attorneys' Fees. In the event any party to this action institutes an action to enforce or interpret the terms of this Easement Agreement, the party prevailing in any such action shall be entitled to an award of its attorneys' fees and costs. EXECUTED at San Luis Obispo, California, on the date set forth above. AS TO FORM: CITY ATTORNEY RRT Rob 1117ossi, trustee e obin L. Rossi Living Trust utd October 19, 1990 CITY OF SAN LUIS OBISPO By: Jan rx, Mayor Pair ant to authority conferred by Resolution No. 5370 (1984 Series) -3- ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Calif rnia County of oLe7 CU 1 S (�0, , ) 0n nq before me, 4*-Yh4t-- 6v , Ad �Jv�Li L (insert name and title oft the office personally appeared J -&✓1 /VI & -IX who proved to me on the basis of satisfactory evidence to be the person�*whose nam%* ism subscribed to the within instrument and acknowledged to me thatt)elsheltf>y executed the same in "/herltlW authorized capacity(pa), and that by hX/her/toir signaturevon the instrument the person(; or the entity upon behalf of which the person} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HEATKA WITNESS my hand and official seal. Cu 9esion # 2914 e� Notary Pu01k - Caflfornia 2 San Luis Obispo County � M Comm. Ea fi@ffi Jun 21, 2017 Signature � � l�lv�, (Seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validitv of that document. State of California County of 1�2Y1 U)1C; Me ) ) On a6,awbbefore me, rl r�Ot(Ub"o-, (insert n me and title of the officer personally appeared �� l who proved to me on the basis of satisfactory evidence to be the person( -S) whose name(,&) is/tee subscribed to the within instrument and acknowledged to me that he/s49eAhey executed the same in his/he4#heir authorized capacity(ies), and that by hislheF41 eir signature(s) on the instrument the person(, or the entity upon behalf of which the person(4acted, 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. VICKEY FARLEY WITNESS my hand and official seal. Commission # 2026488 mai Notary Public - California n San Luis Obispo County Signature ' L,W�_ - (Seal) Com EXHIBIT A TO GRANT OF RESTRICTED BUILD EASEMENT AND AGREEMENT (NEGATIVE EASEMENT) PARCEL 3 Parcel 3 of Parcel Map SLAL88-288 in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to Map recorded December 21, 1990, in Book 47, Page 83 of Parcel Maps, in the office of the County Recorder of said County. APN 002-402-047 EXHIBIT B TO GRANT OF RESTRICTED BUILD EASEMENT AND AGREEMENT (NEGATIVE EASEMENT) SLO CREAMERY PARCEL Parcel 1 of Parcel Map SL88-288 in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to Map recorded December 21, 1990, in Book 47, Page 83 of Parcel Maps, in the office of the County Recorder of said County. APN 002-402-045 EXHIBIT "C" RESTRICTED -BUILD EASEMENT LEGAL DESCRIPTION That real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of Parcel 3 of Parcel Map SLAL 88-288 according to the map filed in Book 47 of Parcel Maps at Page 83, in the office of the County Recorder of said County and said Parcel 3 also being shown on the map filed in Book 109 of Licensed Surveys at Page 49, in the office of the County Recorder of said County described as follows: The southeasterly 14.50 feet of the northwesterly 31.50 feet of the southwesterly 10.00 feet of said Parcel 3. The above-described parcel contains 145 square feet, more or less, and is shown graphically on Exhibit "C-1" attached hereto and made a part hereof. l..AND S . —� p', * LIC. NO. 5702' 6' -2Z%, -1.G Date Thursday, August 25, 2016; 10:03 AM Page 1 of 2 \\MBS-SBS\Land-Projects-Archive\2008\08-152 The Creamery - SLO\Legal Descriptionsft-Build Easement.docx Mike Stanton EXHIBIT "C-1" N1POMO o STREET N36'53'12"W 300.00' 113.00' 52.96' 1 _ 90.00' 152.04' ll 00 rn Ln o r w E Lo E O o N M O Z 0 N N O o, N f.� o rkco �,A N 3 z w Q m � Z w 0) o rk E O j� U L O t M r Lo _ 31.50' Z O SND o 0 o �i4,0 V 8 C-4 0 � 14.50' - rt'� w RESTRICTED o ° ..............: BUILD EASEMENT NO. 5702 yt re..`•x'S::cct':ff;:•`.•fii 9�E f.��.� z N36'54'29"W 57.05' OF- OAL) ° N1 C? CEL 00 r a? " p \jA J=� 0 20 GRAPHIC � ASCALE 40 N Z 1 inch = 20 feet M MICHAEL B. STANTON, PLS 5702 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 • 805-594-1960 JOB Mo. 0e-1452 END OF DOCUMEN I