HomeMy WebLinkAboutD2203 Offer to Dedicate Non-Exclusive Public Trail Easement )404, 406, 408, 412, 414, 416 Higuera St.RF,C)RI, -C zcF_Q_CE +TED BI-:
FIRST AMERICAN TITLE. CO F J:;w
`001-33+11-1 S- I 1
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
City Clerk's Office
990 Palm Street
San Luis Obispo, CA 93401-3249
NO RECORDING FEE PURSUANT TO
GOVERNMENT CODE SECTION
27383
2022019717
Elaina Cano
San Luis Obispo - County Clerk -Recorder
05/05/2022 08:02 AM
Recorded at the request of:
PUBLIC
Titles: 2 Pages: 19
Fees: $0.00
Taxes: $$0.00
Total: $0.00
RECEIVED
MAY 2 6 2022
Exempt from recording fees pursuant to Government Code §6103.
Space Above Line for Recorder's Use Only
RIPARIAN OPEN SPACE AND DRAINAGE EASEMENT AGREEMENT (NON-
EXCLUSIVE) AND IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE NON-
EXCLUSIVE PUBLIC TRAIL EASEMENT
THIS RIPARIAN OPEN SPACE AND DRAINAGE EASEMENT AGREEMENT
(NON-EXCLUSIVE) AND IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
NON-EXCLUSIVE PUBLIC TRAIL EASEMENT (this "Easement Agreement") is made and
entered into as of the ZgAday of Nb� 2021, by and between Promontory -San Luis
Obispo L.P., a California Limited Partnership ("Grantor"), and the City of San Luis Obispo, a
municipal corporation of the State of California ("Grantee" or "City"), and is based on the
following facts:
RECITALS
A. Grantor is the fee owner of that certain real property located in the City of San
Luis Obispo, County of San Luis Obispo, State of California, commonly known as the
"Promontory" or 404, 406, 408, 412, 414 and 416 Higuera Street and more particularly described
in the legal description on Exhibit A, attached hereto and incorporated by reference (referred to
herein sometimes as the "Property");
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D- 22 03
B. The Property includes a portion of San Luis Obispo Creek, which has certain
natural biological resources, natural scenic beauty and existing openness of importance to the
community;
C. As allowed by the previous approvals for the Promontory project, Grantor's
predecessor -in -interest constructed substantial improvements for commercial uses and related
parking and appurtenant facilities, including buildings, bridge, parking lots, driveways and
public and private utility installations, in, over, under and within the Existing Creek Easement
Area;
D. Community Development Director's Resolution No. 15-01 dated
February 6, 2015, approved a tentative map to subdivide the Property into four (4) separate
parcels (SBDV-0096-2014) ("Approval");
E. Condition #17 ("Condition") to the Approval requires that Grantor record a
creek maintenance agreement in a format approved to the satisfaction of the Public Works
Department and City's Natural Resources Manager;
F. This Easement is being recorded concurrently with Parcel Map SLO 14-0102
("Map") which is recorded in Bonk of Parcel Maps Pages to in the office of
the County Recorder of San Luis Obipso County, California. The Map creates the four parcels
allowed by the Approval ("Parcel 1", "Parcel 2", "Parcel 3" and "Parcel 4")
G. In order to satisfy Condition #17, Grantor is offering to execute and record a
perpetual non-exclusive easement ("New Easement") over the area depicted on the Map as
"offer of dedication for creek purposes per this Map" ("New Easement Area") and Grantor is
willing to grant the New Easement for the purposes and upon all the terms and conditions stated
herein;
H. The rights of Grantee in and to the New Easement are not intended to be
restrictive with regard to, and Grantor is intended to retain all rights for: (i) the maintenance,
repair, replacement of all improvements existing or proposed, including but not limited to,
buildings, foundations, bridges, utilities, driveways, well, parking, landscaping and appurtenant
irrigation systems, private recreational facilities and walkways (the "Existing Improvements"),
in substantially the same locations as currently constructed, to the extent reasonably possible
(whether within or without the Easement Area) and otherwise within the Easement Area, and (ii)
construction, maintenance, replacement and repair of improvements approved by the City which
may be proposed in the future, all in accordance with the terms and conditions hereof,
I. Additionally, Grantor is willing to offer a further easement over the Easement
Area for the purpose of a future public trail in the event the Grantee elects to pursue the same,
upon the terms and conditions set forth herein.Grantee is receptive to such offer; and
J. Grantor and Grantee have agreed to enter into this Easement Agreement for the
purpose of satisfying the Condition.
AGREEMENT
In consideration of the above recitals and the mutual covenants, terms, conditions, and
restrictions contained herein, and pursuant to applicable California law, including but not limited
to, Chapter 6.6 of Part I of Division 1 of Title 5 of the Government Code of the State of
California commencing with Section 51070, the parties hereby agree as follows:
1. Riparian Open Space and Drainage Easement.
1_1 Grant. Grantor hereby grants to Grantee the New Easement over, across,
under, above, and through the New Easement Area hereto for the purposes of (i) preserving the
New Easement Area's natural resource values, which New Easement Area includes portions of
two perennial streams, San Luis Obispo Creek and Stenner Creek and their confluence zone,
both of which are known to contain habitat for South -Central California Coast Steelhead,
Distinct Population Segment (collectively the "Riparian Open Space Values"), upon the terms
and conditions provided herein; and (ii) enabling Grantee to construct, maintain, repair, upgrade
and replace any future public drainage improvements that may be constructed by Grantee within
the New Easement Area ( "Drainage Improvements").
1.2 Restrictions. Grantor retains all rights with regard to use of the New
Easement Area except as specifically restricted pursuant to this Section 1.2 or as otherwise might
be restricted by law. Grantor hereby agrees to comply with the following restrictions ("Riparian
Open Space and Drainage Restrictions") applicable to the New Easement Area:
(a) Grantor shall not place nor erect any new structures upon the New
Easement Area other than (i) as necessary for the maintenance, repair, and replacement of all
Existing Improvements, in substantially the same locations as currently constructed, to the extent
reasonably possible (whether within or without the New Easement Area), specifically including,
but not limited to, the bridge over San Luis Obispo Creek and any utility installations,
landscaping, lighting, irrigation, parking and/or utilities, subject to approval by the City which
will not be unreasonably withheld, delayed or denied, and (ii) construction, maintenance, repair
and replacement of new improvements (including but not limited to buildings) substantially on,
over and under, the portion of Parcel 1 of the Map which is within the New Easement Area and
on which there are Existing Improvements, if approved by the City, (iii) landscaping (with native
riparian and associated native upland vegetation), lighting, irrigation, parking and utilities, and
(iv) see -through fencing appropriate to open space preservation on the New Easement Area.
(b) Grantor shall not locate any signs, billboards, similar structures or
device, or advertising of any kind or nature on or within the New Easement Area with the
exception of "No Trespassing" and similar enforcement of private property type signage.
(c) Grantor shall not plant nor permit to be planted, nor remove or permit
to be removed, any vegetation upon the New Easement Area, except (i) as may be associated
with riparian corridor restoration, erosion control, fire protection, soil stabilization and (ii) as
approved by Grantee, in its reasonable discretion, in accordance with the procedure provided in
Section 3 hereof. Any such vegetation planted shall be native.
(d) Except for any change in the topography caused by the various
"Operations" (as hereinafter defined) and Drainage Improvements, Grantor shall preserve the
topography of the New Easement Area in its natural condition.
(e) Grantor shall not extract any surface or subsurface natural resources
from the New Easement Area. .
(f) Grantor shall not divert, impound, or directly extract water from the
two perennial streams within the New Easement Area, regardless of any riparian, appropriative,
or other water right that may exist.
Area.
(g) Grantor shall not obstruct any drainage flows in the New Easement
1_3 Grantee's Rights. To accomplish the purposes of the New Easement,
Grantor hereby grants and conveys the following rights, without obligation, to Grantee:
(a) To access and enter upon the New Easement Area at reasonable
times in order to monitor Grantor's compliance with and to otherwise enforce the terms of this
Agreement, provided that Grantee shall not unreasonably interfere with Grantor's use and quiet
enjoyment of the Property in accordance and in a manner that is consistent with the terms of this
Agreement;
(b) To access and enter upon the New Easement Area in order to
remove and dispel any encampments or illegal occupations located thereon (such removal
operations, "Removal Operations");
(c) To access and enter upon the New Easement Area to remove any
drainage obstructions as needed to provide the conveyance of creek flows or to enhance and
restore the riparian area ("Drainage and Restoration Operations"); provided, however, that
Grantee shall only be permitted to remove drainage obstruction from creek flows or conduct
Drainage and Restoration Operations upon the review and approval of all agencies having
regulatory control over work performed in riparian corridors, including, but not limited to, the
California Department of Fish and Wildlife and the U.S. Army Corps of Engineers. Upon
request, Grantee shall provide Grantor with evidence showing the approval of any such agencies,
as applicable.
(d) To access and enter upon the New Easement Area for the purposes
of construction, alteration, replacement, repair and maintenance of existing or new public
Drainage Improvements; provided, however, that prior to commencing any construction,
alteration, replacement, repair or maintenance of Drainage Improvements whereby the amount to
complete such work is equal to or greater than $25,000.00, adjusted annually for Consumer Price
Index (All Urban Consumers Los Angeles) increases, (collectively, "Drainage Construction"),
Grantee shall submit all construction plans for such Drainage Construction to Grantor for its
review and approval, which approval shall not be unreasonably withheld, conditioned or delayed.
1.4 Maintenance of New Easement Area. Grantor retains all responsibilities
and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep,
and maintenance of the New Easement Area. Grantor agrees that it shall manage and maintain
the New Easement Area in accordance with Grantee's adopted Waterway Management Plan
(City of San Luis Obsipo and Questa Engineering, 2003), which may be amended or updated
from time to time, and by adhering to the following Affirmative Covenants (the "Covenants"):
(a) Grantor will coordinate with Grantee before clearing debris, trash,
and hazardous conditions, if any, from the New Easement Area.
(b) Grantor will maintain the New Easement Area including
landscaping, lighting, and irrigation, trimming, limbing, removal of vegetation and trees from the
New Easement Area, and conducting Drainage and Restoration Operations upon review and
approval of all agencies having regulatory control over work performed in ripairian corridors, as
is reasonably appropriate, in coordination with Grantee and any other necessary or appropriate
public agency having jurisdiction over San Luis Obispo Creek.
(c) Grantor's contract security personnel, if any, may patrol the New
Easement Area for safety and security of the New Easement Area, may, as well as Grantee,
exercise Removal Operations, and will coordinate with Grantee's Police Department personnel,
as necessary and appropriate.
(d) Grantor has installed and will maintain perimeter fencing, as is
reasonably necessary and appropriate.
Grantor agrees, on behalf of itself and its successors and assigns, that Grantee shall have no
affirmative duty or responsibility for the operation, upkeep or maintenance of the New Easement
Area, generally, except as described herein. Notwithstanding anything to the contrary provided
herein, Grantee shall be solely responsible for and shall indemnify, defend, and hold Grantor
harmless from and against, any cost, loss, damage, liability or expense (including a reasonable
attorney's fees) arising out of or related to any claim related to the construction and maintenance
of any Drainage Improvements and any Removal Operations (and the costs associated therewith)
Grantee elects to undertake pursuant to this Easement Agreement, and the Drainage and
Restoration Operations (and the costs associated therewith) and all costs and liabilities of any
kind caused by Grantee's acts or omissions associated therewith. Grantee's obligation to
indemnify, defend, and hold Grantor harmless as provided in the preceding sentence shall not
apply to any cost, loss, damage, liability or expense arising from or related to Grantor's
negligence or willful misconduct. Nothing herein shall be construed as a waiver of Grantee's
right or authority, in the exercise of its police powers, to regulate or enforce any law or
regulation otherwise applicable to the Property or the Grantor as property owner, including
without limitation, property maintenance standards, zoning regulations, development standards,
and nuisance abatement regulations.
2. Approval by Grantee. Any matter which must be submitted by Grantor for Grantee's
approval hereunder shall be submitted to the Community Development Director and Natural
Resources Manager for the City of San Luis Obispo (collectively, the "Directors") at 919 Palm
Street, with copies provided to each of the parties listed in Section 9 hereof. The Directors shall
have ten (10) business days to respond to Grantee's request. If the Directors deny Grantee's
request, Grantee shall be permitted to appeal such decision pursuant to San Luis Obispo
Municipal Code Chapter 1.20, as may be amended. Notwithstanding any other provision of this
Agreement, and subject to otherwise complying with all laws, in the event of an emergency in
which Grantor reasonably believes that imminent property damage or personal injury may ensue
without reasonably immediate action, Grantor's obligation is to notify either of the Directors by
telephone regarding the action which Grantor intends to take to obviate the emergency.
3. Grantor's Reserved Rights. Notwithstanding any other provision of this Agreement,
Grantor reserves to itself, and to its representatives, successors and assigns, (i) all rights accruing
from its ownership of the Property and the New Easement Area, including the right to engage in
or to permit or invite others to engage in all lawful uses of the Property and the New Easement
Area that are not expressly prohibited or limited by, and are consistent with the purposes of this
Easement Agreement, (ii) the right to perform preventive measures required to protect structures
and other improvements on the Property and to perform any measures reasonably necessary for
such protection, subject to permit approval by the City and any other regulatory agencies if and
as required pursuant to applicable law, (iii) the right to install and replace landscaping (only with
native riparian vegetation), lighting, irrigation, parking, and utilities, (iv) the right to stage and
work in the Easement Area, in order to repair, reconstruct, remodel or replace improvements
which are not located in the Easement Area or other improvements which are otherwise allowed
to be repaired, remodeled or replaced, as provided herein, and (v) all other rights not granted to
Grantee pursuant to this Easement Agreement, to the extent such rights are consistent with this
Easement Agreement.
4. Grantee's Access to the New Easement Area. Grantee shall provide Grantor with
three (3) business days advance written notice of any Operations. Any such Operations shall be
conducted during normal business hours unless the parties agree otherwise in writing.
Notwithstanding the foregoing, if Grantee has reasonable cause to believe that a breach of the
terms of the Easement Agreement is occurring or imminent, Grantee may access the New
Easement Area without notice in order to prevent damage or injury to the Riparian Open Space
Values. Prior to the first entry on the New Easement Area by Grantee, its agents, employees,
consultants, contractors or subcontractors, Grantee shall deliver to Grantor certificates or other
written confirmation satisfactory to Grantor showing that (i) Grantee has in effect a
comprehensive general public liability insurance policy including, but not limited to, owned and
non -owned vehicle liability, personal injury, blanket contractual, broad form property damage
and product/completed operations liability coverage covering any and all liability of Grantee and
Grantor with respect to or arising out of the Operations, with limits of not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage
liability, and Grantor is named as an additional insured on such policy, and (ii) Grantee or
Grantee's agents or subcontractors have a workers' compensation insurance policy covering the
activities of all of Grantee's agents, contractors, subcontractors and employees on or about the
New Easement Area. Notwithstanding the foregoing, Grantor acknowledges that Grantee is
insured through the California Joint Powers Insurance Authority (Ca1JPIA) with limits
acceptable to Grantor and in compliance with the insurance requirements set forth in this Section
4. Grantee covenants that it will keep the above insurance requirements in place for every
occasion on which it enters the New Easement Area. Grantee agrees that any and all Operations
shall be made at Grantee's sole risk. Grantee agrees to keep the New Easement Area free and
clear of any liens resulting from any such Operations. Grantee shall indemnify, defend and hold
harmless Grantor from and against any and all claims, demands, liabilities and/or obligations
arising out of or resulting from physical injury or property damage caused by the Operations
hereunder, including, without limitation, reasonable attorneys' fees and mechanic's lien claims.
Grantee's obligation to indemnify, defend, and hold Grantor harmless as provided in the
preceding sentence shall not apply to any cost, loss, damage, liability or expense arising from or
related to Grantor's negligence or willful misconduct. Without limiting the generality of the
foregoing, Grantee shall repair all damages to the New Easement Area arising from the
Operations.
5. Offer for Trail Easement. Grantor does hereby offer to dedicate, irrevocably
and in perpetuity, to the public an easement for public trail purposesin, upon, across, under and
over the New Easement Area together with the right to install, maintain, repair and replace any
and all public trail improvements, subject to the terms of this Section 5 (the "Trail Easement").
The trail improvements may include, but are not limited to, pathways improvements (i.e. gravel,
wood chip, dirt surface, decomposed granite, concrete, or asphalt), bridges, boardwalks, culverts,
retaining walls, fences, stairs, signs, trash cans, rest benches and similar facilities ("Trail
Improvements"). In order to accept this offer, City shall notify Grantor of its intent to accept
said offer and enter into good faith negotiations with Grantor regarding the terms and conditions
of said easement; provided, however, the terms and conditions shall, in all circumstances,
provide (i) the proposed location of the Trail Improvements at a mutually acceptable location,
(ii) an estimate of the costs to construct the Trail Improvements, (iii) maintenance
responsibilities of the Trail Improvements, (iv) policing of the Trail Easement and enforcement
with regard to the public's access and use, (v) said trail shall only be installed if linked to a
connection on both the north and south of the Property, and (vi) Grantee shall indemnify, defend
and hold harmless Grantor from and against any and all claims, demands, liabilities and/or
obligations arising out of or resulting from physical injury or property damage caused by the
public's use of the Trail Improvements, including, without limitation, reasonable attorneys' fees
and mechanic's lien claims. Grantee's obligation to indemnify, defend, and hold Grantor
harmless as provided in the preceding sentence shall not apply to any cost, loss, damage,
liability or expense arising from or related to Grantor's negligence or willful misconduct. The
Trail Easement offered herein shall be non-exclusive and in gross; provided, however, the
easement rights offered to the City shall be paramount and superior to the rights of Offerors and
all other persons and entities.
6. Remedies. In the event of any breach of any provision of this Easement
Agreement, Grantee shall give written notice to Grantor of such violation and demand corrective
action reasonably sufficient to cure the violation and, where the violation involves injury to the
New Easement Area resulting from any use or activity inconsistent with the terms and provisions
of this Easement Agreement, to restore the portion of the New Easement Area so injured. If
Grantor fails to cure the violation within thirty (30) days after receipt of notice thereof from
Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty
(30)-day period, fail to begin curing such violation within the thirty (30)-day period, or fail to
continue diligently to cure such violation until finally cured, Grantee may bring an action at law
or in equity in a court of competent jurisdiction to enforce the terms of this Easement
Agreement, to enjoin the violation by temporary or permanent injunction, to recover actual
damages to which it may be entitled for violation of the terms of this Easement or injury to any
Riparian Open Space Values protected by this Easement Agreement as a direct result of such
breach, and to require the prompt restoration of the New Easement Area to the condition that
existed prior to any such injury (if reasonably possible). Without limiting Grantor's liability
therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of
undertaking any corrective action on the New Easement Area. If Grantee, in its reasonable
discretion, determines that circumstances require immediate action to prevent or mitigate
significant damage to the Riparian Open Space Values of the Property, Grantee may pursue its
remedies under this paragraph without waiting for the period provided herein for cure to expire;
provided, however, that notwithstanding the foregoing, Grantee shall provide Grantor with prior
notice (verbal or written) of any such breach. The remedies permitted or available pursuant to
the provisions of this Easement Agreement shall be cumulative and in addition to any rights or
remedies available at law or in equity.
7. Access. This Easement Agreement does not convey a general right of access to
the public, except with respect to the Trail Easement, if and when Grantor's offer to grant the
Trail Easement is accepted.
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8. Binding on Successors. The covenants, conditions, and restrictions contained in
this Easement Agreement are intended to run with the land and to bind all future owners of any
interest in the Property. Any subsequent transferee shall, by acceptance of title to the New
Easement Area, be deemed to have assumed the obligations of this Easement Agreement and to
have accepted the restrictions contained herein.
9. Notices. Unless otherwise provided in this Easement Agreement or by law, all
notices required or permitted by this Easement Agreement or by law to be served on or delivered
to either party hereto shall be in writing and deemed duly served, delivered and received when
personally delivered or delivered by a recognized overnight courier service, to the party to whom
directed, or instead, three (3) business days after deposit in the U.S. mail, certified or registered,
return receipt requested, first-class postage prepaid, addressed as indicated below. A party may
change this address by giving written notice of the change to the other party. Electronic mail
transmission to an email address specified in such a notice shall constitute personal delivery, if
followed by hard copy sent by mail or overnight courier service within one (1) day. The parties'
addresses for this purpose are:
To Grantor:
Promontory -San Luis Obispo L.P
750 Pismo Street
San Luis Obispo, CA 93401
Attn: Robin Rossi
Email: Rob@rossi-ent.com
Phone: (805) 543-4333
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With a copy to:
Paul Metchik
Attorney at Law
1316 Broad Street
San Luis Obispo, CA 93401
Email:
Phone: (805) 783-2450
To Grantee:
City of San Luis Obispo
Public Works Department
Public Works Director
919 Palm Street
San Luis Obispo, CA 93401
Email: mhom@slocity.org
Telephone: (805) 781-7201)
With a copy to:
City of San Luis Obispo
Administration
City Attorney's Office
990 Palm Street
San Luis Obispo, CA 93401
Email: cdietrick@slocity.org
Telephone: (805) 781-7100
10. Estoppel Certificate. Upon request by Grantor, Grantee shall within fifteen (15)
business days execute and deliver to Grantor any document, including an estoppel certificate,
which certifies Grantor's compliance with any obligation of Grantor contained in this Easement
Agreement and otherwise evidences the status of this Easement Agreement as may be requested
by Grantor.
11. General Provisions.
11.1 Recordation. Grantor shall record this Easement Agreement in the official
records of San Luis Obispo County, California and notify the Grantee through the mailing of a
confirmed copy of the recorded easement.
11.2 Amendment or Extinguishment. Grantor and Grantee may amend or
extinguish this Easement Agreement only by mutual written agreement and in accordance with
applicable California law, including but not limited to, Chapter 6.6 of Part I of Division 1 of Title
5 of the Government Code of the State of California commencing with Section 51070. Any such
amendment or extinguishment shall be recorded in the official records of San Luis Obispo
County, State of California.
11.3 Controlling Law. The laws of the State of California govern interpretation
and performance of this Easement Agreement.
11.4 Severability. If a court of competent jurisdiction voids or invalidates on its
face any provision of this Easement Agreement, such action shall not affect the remainder of this
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Easement Agreement. If a court of competent jurisdiction voids or invalidates the application of
any provision of this Easement Agreement to a person or circumstance, such action shall not
affect the application of the provision to other persons or circumstances.
11.5 Liens Not Impaired. No breach of the terms, conditions and covenants of this
Easement Agreement or any other enforcement thereof shall defeat or render invalid the lien of
any mortgage or deed of trust made in good faith and for value. None of the terms and
provisions of this Easement Agreement shall supersede or in any way reduce the security or
affect the validity of any such mortgage or deed of trust; provided, however, that this Easement
Agreement shall be binding upon and effective against any encumbrancer and any owner of the
Property (or any portion thereof) whose title thereto is acquired by foreclosure, trustee's sale or
otherwise.
11.6 Entire Agreement. This Easement Agreement together with the attached
exhibits and any documents referred to herein sets forth the entire agreement of the parties with
respect to the Easement and supersedes all prior discussions, negotiations, understandings, or
agreements relating to the Easement. No alteration or variation of this Easement Agreement
shall be valid or binding unless contained in an amendment in accordance with Section 11.2.
11.7 Successors. The covenants, terms, conditions, and restrictions of this
Easement Agreement shall be binding upon, and inure to the benefit of, the parties hereto and
their respective personal representatives, heirs, successors, and assigns and shall continue as a
servitude running in perpetuity with the New Easement Area.
11.8 Termination of Rights and Obligations. Each party's rights and obligations
under this Easement Agreement shall terminate upon transfer of the party's interest in the
Easement or the New Easement Area.
11.9 Captions. The captions in this Easement Agreement have been inserted solely
for convenience of reference and are not a part of this Easement Agreement and shall have no
effect upon construction or interpretation.
11.10 Counterparts. The parties may execute this Easement Agreement in one two or
more counterparts; each counterpart shall be deemed an original instrument as against any party
who has signed it.
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11.11 Cooperation; Further Acts. The parties shall fully cooperate with one
another, and shall take any reasonable additional acts or sign any additional documents as may
be necessary to attain the purposes of this Easement Agreement.
11.12 1Satisfaction of Condition. Grantee acknowledges and agrees that the
execution and delivery of this Easement Agreement fully and completely satisfies the Condition.
11.13 Time is of the Essence. Time is of the essence in this Easement
Agreement.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF Grantor and Grantee have entered into this Easement
Agreement the day and year first above written.
GRANTOR:
Promontory -San Luis Obispo L.P.,
a California Limited Partnership
By: SLO Promontory LLC,
a Californ� limited liability company,
enera its gpartner
By:
Name:
Title: rn ar te.G u.1G
By: _
Name:
Title:
GP ANr&-E
roved as t p form:
it of San L is Obispo, C1TYA7710RNE'(
a municipal corporation Chris -fine, Die 4r4ck
By:-1,0-Z_"0
Name: Erica A. Stewart
Title: Mayor
The undersigned Beneficiary hereby consents to the recording of this Easement
Agreement and subordinates its interest in the Deed of Trust dated January 15, 2016, as
Instrument No. 2016-002000 of Official Records of San Luis Obispo County, to the terms and
conditions of this Declaration.
Umpqua Bank,
An Oregon Corporation
By: 0_04= A&ttL -
Name: q1/-U
Title: Ey e-6 u4-1 Ae Q j S
is
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 OFw
• ) ss.
COUNTY OF SQn LUIS 0191SPQ _ )
On t4oy i`(1w 291 , 20%, before me, 41WM VIP-P.u1 , Notary
Public, personally appeared L . 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/4hey executed the
same in his/h"Aheir authorized capacity(ies), and that by hisAwr4heir 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.
Place Nowry Seal Bclo«'
VICKEY FARLEY
Commission # 2372848
' s p Notary Public - California
San Luis Obispo County
MY Comm. Expires AUO 20, 2026
WITNESS my hand and official seal.
Signature A 044=
My Commission expires:
16
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��oCr�4_ )
ss.
COUNTY OF,r,
On Apc,1 61'9, aoda , 20W, before me, iU194ax, 1A]i ibaj-iks , Notary
Public, personally appeared_ Ey-;ca A &+Ay3 ar+ , 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.
I'iC3f,.c, N(—,tai- i.. ei-1£ Below
GMe". WILBANK5
Notary Public - Callforafa
San Lull Obispo County
Commission 0 2322$26
.y Cemm. Expires Feb 28. 1024
WITNESS my hand and official seal.
Signature
My Commission expires: �/ a F ICQ6,Rq
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 )
1. r%��i• �v,��, )
ss.
COUNTY OF S`p►� I�� ►S �bl s 1� )
On �c c� �� ' , 20 2J, before me, SP►��1� i� ir�1rn>� , Notary
Public, personally appeared _VAnvV— �Cy�►�c-� , who proved
to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/tee
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/he44teir authorized capacity(ie4, and that by his/hef4hgir signature(g) 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.
Place Notary Scal Below
WITNESS my hand and official seal.
S ignatur
SARAH KR4016 NIF—=
Notary Publi California My Commission expires: M ZU LO Z Z
San Luis tspo County
Com fan # 2242984
My Le . Expires May 30, 2022
SARAH KRAMER
Notary Public - California
*My
San Luis Obispo CountyCommission # 2242984
Comm. Expires May 30, 2022
19
EXHIBIT A
Legal Description of Property
That certain real property in the City of San Luis Obispo described as:
Parcels 1 through 4 of Parcel Map SLO 14-0102 ("Map") recorded in Book S>�5 of Parcel
Maps, Pages 7 3 to 7(a in the office of the County Recorder of San Luis Obipso County,
California.
END OF DOCUMENT