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HomeMy WebLinkAboutD-2154 Lessee's Consent - Central Coast AgNetwork1� 2020049562 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: Natural Resources Director 990 Palm Street San Luis Obispo, CA 93401 Tammy Gong San Luis Ob 09/14/ispo — County Clerk —Recorder 2020 08:39 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 8 Fees: $0.00 Taxes: 0.00 Total: 10.00 111IFFMI'lux"WRMR1IIflI APN' S: (San Luis Ranch Property) 067-121-022 Space Above This Line for Recorder's Use (City Farm Property) 053-152-006; 007; 008 and 009 NO RECORDING FEE — PUBLIC AGENCY — Government Code § 6103 LESSEE'S CONSENT THIS AGREEMENT, made and entered into effective as of the�1 day ofWA by and between Central Coast AgNetwork, Inc. a California public benefit non-p oftt corporation ("Lessee"); and, the City of San Luis Obispo, a Charter City and municipal corporation ("Owner"). A. Owner is executing two (2) easement agreements (collectively the "Access Agreements") with MI San Luis Ranch, LLC ("San Luis Ranch") in order to: i. Establish the rights of San Luis Ranch to utilize an access road (the "access road") for ingress and egress purposes over and across the real property which is the subject of Agricultural Ground Lease between the Owner and Lessee dated January 7th 2013, as the same is more particularly described in Exhibit "A" attached hereto (the "Premises"); and ii. Establish the rights of Owner and Lessee to utilize an separate access road for ingress and egress purposes over and across a portion of MI's real property as more particularly described in Exhibit "B" attached hereto (hereinafter- the "San Luis Ranch Property"). B. Under the terms of the Access Agreements, San Luis Ranch intends to install an all- weather surface on the access road at the Premises along a portion of the San Luis Ranch Property, thereafter contribute to the maintenance and repair of such access road; and Lessee's Consent (03-29-2018) i IC fjuvz SLO CITY CLERIC 7 —Z i 59 C. San Luis Ranch requires that Lessee execute this Lessee's Consent as a condition to San Luis Ranch's execution of the Access Agreements. NOW, THEREFORE, the parties hereby agree as follows: I. Irrevocable Consent. Lessee hereby irrevocably consents to the Owner's execution of the Access Agreements, and to the use of the easement under the Access Agreements by San Luis Ranch, and acknowledges that their leasehold shall be hereafter subject to the use, improvement and maintenance of the access road under the terms of the Access Agreements. Notwithstanding the foregoing, Lessee's consent as provided herein is contingent on both Access Agreements being executed by Owner and San Luis Ranch consistent with Recital A above. 2. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their representatives, successors, sublessees, and assigns. IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be executed as of the date first above written. Central Coast AgNetwork, Inc., a Cali forni public b fit non-profit corporation By: �—�'�2 v-c �Aa-Y" >C Its: pre-5 t e2. �, -�' City of San Luis Obispo H rdi armon, M or 2 Lessee's Consent (03-29-2018) MI San Luis ch, L By: xaeina Grossman Its: Member APPROVED AS TO FORM: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 a 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 t 1 County of 1— ., . U J} Onv��c>. `�.�6�2(�Zc� before me, bate 1 Here Insert Name and Title of the Officer personally appeared Nome(s) of Signer(s) 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. 90my HEWN R. CHRISTIAN Natary Public - California San Luis Obispo County commission 4 Z302534 Comm. Expires Aug 22. ZO23 Place Notary Seal and/or Stamp 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 hand and official seal. r" Signature , Signature of Notary Public 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: r91� Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Clai d by Signer(s) Name: Signer's 5TT!_C-, , O-Corporate Officer — Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Signer's Name: C-l-r ❑ Corporate Officer — Tit€ (s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Cons rvator Signer is Representing: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ilillidii 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 SQL.. U_)�5 M5VC On I _l before me, Date { personally appeared �i tt . Cori - " WI Q V�t r-&S-VVd VCR Here Insert Name and Title of the Nome(s) of Signer(s) 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. ,f SHERI F. KASTRAVA Notary Publlc - California n ' ' San Luis Oblspo County 9 Commission N 2263811 My Comm. Expires Oct 22, 2022 Place Notary Seal and/or Stamp 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 hand and official seal. Signature Signatur of Notary Public 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 of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: 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 June 29, 2018 before me, Diane Dostalek, Notary Public (insert name and title of the officer) personally appeared Steven Marx 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. DIANE DOSTALEK WITNESS my hand and official seal. Commission # 2138341 c Notary Public - California z San Luis Obispo County a M Comm. Expires Dec 25, 2019 Signature (Seal) EXHIBIT "A" ACCESS EASEMENT CITY FARM PROPERTY ALL OF THAT REAL PROPERTY SITUATE IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: A PORTION OF LOT 5 AS SAID LOT IS SHOWN ON PARCEL MAP SLO 04-0615 RECORDED NOVEMBER 8, 2006 IN BOOK 67 OF PARCEL MAPS AT PAGES 68 THROUGH 70, INCLUSIVE, IN THE OFFICE OF THE CLERK -RECORDER OF SAID COUNTY OF SAN LUIS OBISPO, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 5 AT A POINT ON THE WESTERLY RIGHT OF WAY OF U.S. HIGHWAY 101, SAID CORNER BEING THE SOUTHEASTERLY CORNER OF THAT PROPERTY SHOWN ON THE RECORD OF SURVEY RECORDED JUNE 3, 1998 IN BOOK 76 OF LICENSED SURVEYS AT PAGE 89 IN SAID RECORDER'S OFFICE, THENCE ALONG THE EASTERLY LINE OF SAID LOT 5, BEING THE WESTERLY RIGHT OF WAY LINE OF SAID U.S. HIGHWAY 101 SOUTH 270 46' 24" WEST 387.30 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF CALLE JOAQUIN, AS SAID PUBLIC ROAD IS SHOWN ON THE HEREINABOVE DESCRIBED PARCEL MAP; THENCE ALONG THE LINE COMMON TO SAID LOT 5 AND SAID CALLE JOAQUIN RIGHT OF WAY NORTH 620 13' 36" WEST 40.00 FEET; THENCE LEAVING SAID COMMON LINE NORTH 340 28' 59" EAST 85.59 FEET TO A POINT ON A LINE 30.00 FEET WESTERLY OF, AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5; THENCE ALONG A LINE 30.00 FEET WESTERLY OF, AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 5 NORTH 270 46' 24" EAST 306.42 FEET TO A POINT ON THE LINE COMMON TO SAID LOT 5 AND THAT PROPERTY SHOWN ON SAID RECORD OF SURVEY; THENCE ALONG SAID COMMON LINE SOUTH 540 24' 53" EAST 30.28 FEET TO THE POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION, CONTAINING 12,106 SQUARE FEET, MORE OR LESS. END OF DESCRIPTION. y�oX_ANI)S�Ry ROQ���� NO. 7690 * EXp. 12-31-18 'k 11-2-18 1 1 f f r lee CO - Lr� �D 00 a W 00 1 Ln o tx Lo boo It m 0 N27°46'24"E 45.55' f e w N34°28'59"E - � 85.59' u CALLE JOAQUIN M o N27°46'24"E 306.42' _ d N62°13'36"W S54°24'53"E 40 00' 30.00' 30.28' S27°46'24"W 387.30' G BEGINNING U.S. HWY. 101 0 ��� LA ND S(rRi. p,N Ro a F� ro � N s NO. 7690 g * EXP. 12-31-18 qTE OF CA g 0 100 200 PARCEL MAP SLO 04-0615 p Cannon CITY FARM ACCESS EASEMENT i CITY OF SAN LUIS OBISPO, CALIFORNIA 3 1 INCH = 100 FEET DRAWN BY CHECKED BY SCALE DATE JRP SJR I" _ loc' 10/24/18 EXHIBIT B That portion of Lot 10 shown as the Shared Farm Access Easement on the map of Tract 3096 recorded on , 20alYZ in Book 1- Q of Maps, Pages L7_ through la, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. END OF DOCUMENT