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Home My WebLink AboutD-2081 Grant Easement Agreement Stone Creek Homeowners Association2017053191 Tommy Gong San Luis Obispo - County Clerk-Recorder 11/17/2017 01:41 PM RECORDING REQUESTED Recorded at the request cf PUBLIC BY AND WHEN RECORDED Titles: 1 Pages: 10 RETURN TO: CEIVED Fees: $0.00 Taxes: 0.00 2 0 i 011 Total : 0.00 City of San Luis Obispo NOVIV V ,YU11 Attn: City Clerk SLO 'CITY CLERK 990 Palm Street San Luis Obispo, CA 93401 APN: 053-410-015; 034 NO RECORDING FEE—PUBLIC AGENCY—Gov. Code § 6103 GRANT OF EASEMENT AGREEMENT This Grant of Easement Agreement (this "Agreement") is made as of this L' day of Lin , 2017, by and between Homeowners Association of Stone Creek Development, a California non-profit corporation (hereinafter "Grantor" or "Stone Creek"), and the City of San Luis Obispo, a municipal corporation and charter city (hereinafter "Grantee" or "City"). Grantor and Grantee are sometimes referred to herein as the "Parties." RECITALS WHEREAS, Grantor is the owner of certain real property located in the City of San Luis Obispo, State of California, commonly referred to as Lot 15 of Tract 2372, Assessor Parcel Numbers: 053- 410-034 and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Stone Creek Property"). WHEREAS, Grantee is the owner of certain real property adjacent to the Stone Creek Property, which is commonly known as APN: 053-410-015, and is more particularly described in Exhibit B, attached hereto and incorporated herein by reference (the "City Property"). WHEREAS, a pedestrian bridge (the "Bridge") is located on the Stone Creek Property and the City Property as depicted in Exhibit C attached hereto and incorporated herein by this reference. WHEREAS, the Bridge was installed as part of a seven -unit development located along El Capitan Way commonly known as Tract 2294, however, the Bridge provides an important amenity to the surrounding community. As part of that development, the developer of Tract 2294 executed a "Creek Preservation and Maintenance Agreement" ("Bridge Maintenance Agreement") which was recorded in the official records of San Luis Obispo County on May 30, 2000, as Document No. 1 p2L) 1� t 2000-029502. Among other things, the Bridge Maintenance Agreement obligated the seven lots of Tract 2294 to maintain the Bridge in a professional manner in perpetuity to the satisfaction of the City's Public Works Director. The City desires to assume responsibility for the maintenance, repair and replacement of the Bridge and by this Agreement, the Grantor desires to grant and Grantee desires to accept an easement on the Stone Creek Property in order for Grantee to maintain, repair and replace that portion of the Bridge located on the Stone Creek Property. AGREEMENT NOW, THEREFORE, Grantor. grants the Easement (as hereinafter defined) to Grantee under the following terms and conditions: Section 1. Grant of Easement: Grantor hereby grants to Grantee an easement over, under, across, within and through a portion of the Stone Creek Property that is described and depicted in Exhibits C-1 and C-2, for the Easement Purposes, as defined in Section 2 of this Agreement ("Easement"), subject to all matters and encumbrances of record affecting the Stone Creek Property, on the terms and conditions set forth in this Agreement. Section 2. Easement Purposes: "Easement Purposes" collectively means use of the Stone Creek Property within the Easement area for the purposes of maintaining, repairing, replacing or removing the Bridge, and all appurtenances thereto. Section 3. Character of Easement The Easement is nonexclusive and in gross. Section 4. Term The Easement will be an easement in perpetuity and may only be terminated by the written mutual consent of the parties hereto or their successors in interest. Section 5. Maintenance„ and Repair Grantee will be responsible to maintain and repair the Easement in good condition and repair, including, but not limited to, the maintenance, repair or replacement of the Bridge, as Grantee deems reasonably necessary or advisable; provided, however, that if any such maintenance or repair is required in whole or in part by any act or omission of Grantor, its successors, assigns, tenants, customers or invitees, or the customers and invitees of such tenants, Grantor will be responsible for the cost of such maintenance and repair. 2 Section 6. Successors and Assigns The provisions of this Agreement are intended to and will run with the land, and, until their expiration or termination in accordance with the terms of this Agreement, will bind, be a charge upon and inure to the benefit of Grantor and Grantee, their respective successors and assigns. Section 7. Indemnification Grantee agrees to indemnify, defend and hold harmless Grantor, its agents, representatives, heirs, successors and assigns, against any and all claims, actions, or demands, costs or expense, including reasonable attorney's fees, arising out of or in any way connected to any activities of Grantee, its agents, representatives, heirs, successors, assigns or invitees arising out of its use, maintenance or repair of the Bridge excluding there from claims resulting from the gross negligence or willful misconduct of Grantor, or its successors, assigns, guests or invitees. Section 9. Notices All notices given pursuant to this Agreement must be in writing and by personal delivery, U.S. Mail or established express delivery service, such as Federal Express, with postage or delivery charge prepaid, return receipt requested, and addressed to the person and address designated below: If to Grantor: Stone Creek HOA c/o Mac Management 615 Main Street Ste. B Templeton, CA 93465 If to Grantee: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 Section 10. Miscellaneous This Agreement constitutes the entire agreement between Grantor and Grantee relating to the Easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement will be of no force and effect unless it is in writing and signed by Grantor and Grantee or their respective successors or assigns. Each of the individuals signing this Agreement on behalf of a party hereto warrants and represents that such individual is duly authorized and empowered to enter into this Agreement and bind such party hereto. Section 11. S's nature/Counter arts 3 This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove. GRANTOR: Homeowners Development ion of Stone Creek Steven Thatcher Its: President: Date: OQ:� . a -T 1�( rd GRANTEE: City of San Luis Obispo H di arrnon, May Date: A) 0�/, 1 'd 01 �1 Attest n Carrie Gallagher, City Cler Approved as to Form: J."ristMe Dietrick, City Attorney EXHIBIT "A" Legal Description for Stone Creek Prontirly Lot 15 of Tract 2372 located in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the neap filed for record December 16, 2001 in Book 21 at Pages 25 through 27 of Maps on file in the office of the County Recorder of said County. 5 EXHIBIT "B" Legal Description for City Property Lot 15 of Tract 2248 located in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the neap filed for record July 7, 1997 in Book 18 at Page 18 of Maps on file in the office of the County Recorder of said County. D 9,2517 EXHIBIT " C-1 " DRAYT Legal Description for Bridge Faseineut on Stone Cret • Projxrty That portion of Lot 15 of Tract 2372) located in the City of San Luis Obispo. County of San Luis Obispo. State of California. according to the nxap filed for record December 16- 2001 in Book 21 at Pages 25 through 27 ofMaps on file in the office of the County Recorder of said County and being more particularly described as follows: Beginning at a point in the s3esterly line of said Lot 15 at the beginning of a tangent 984.95 foot radius curve. concave easterly. from which the nortliwest cower thereof bears North 05'?5-20" West 173-19 feet: thence along said westerly line North 05'25"20'• ATest 15.00 fret; thence North. 84°34'40" East 30.00 feet. thence South 05°25'20'• Fast 34.44 feet. thence South 8434'40" West 29.90 feet to a point in said 984.95 foot radius cure in said westerly line, through which a radial line bears South 83044.36" West: thence northeasterly along said curve an arc lengtis of 15-00 feet. through a central angle of 4,53- 11-' to the point of beginamg_ Containing. 899 square feet. more or less LAHI} Legal Description prepared by F or under the supers;inion of: " DRAFT xa. OF C}L74 VA Cristi E. Fri•. L5 8356 (date) EXHIBIT " C-2 A BRIDGE EASEMENT I I, �I I t I } f�✓U � � jry 0 1 F 1 0 "7 - �-y -- - e? fin, ~rte � r ! _ 29,90, la 1) 0`52 `21 =1 '.ULA i f I � 7 FT C, ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Luis Obispo ) On November 1, 2017 before me, Heather Suzanne Goodwin, Notary Public (insert name and title of the officer) personally appeared Heidi Harmon who proved to me on the basis of satisfactory evidence to be the personfqwhose namew isles subscribed to the within instrument and acknowledged to me thathelsheltbey executed the same in 1DiaMer/tUja4r authorized capacity, and that by Nafherlttaeir' signature(s)-en the instrument the person(s); or the entity upon behalf of which the person] s"cted, 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. HEATHER SUZANNE GOODWIN Notary Public - California z c San Luis Obispo County WITNESS my hand and official seal. Commission k 2198666 My Comm. Expires Jun 21, 2021 Signature ACKNOWLEDGMENT A notary public or other officer completing this 1 certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validit of that document. State of California County of San Luis Obispo On October 27, 2017 before me, Heather Suzanne Goodwin, Notary Public (insert name and title of the officer) personally appeared Steven Thatcher 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HEATHER SUZANNE GOODWIN _ Notary Public - California 2 San Luis Obispo County WITNESS my hand and official seal. x Commission # 2198666 My Comm. Expires Jun 21, 2021 Signature (Seal) END OF DOCUMENT