HomeMy WebLinkAboutD-2014-C First Amendment to Temporary Construction Easement Deed APN 053-151-016 - 12424 LOVRJULIE RODEWALD
TJB
San Luis Obispo County—Clerk/Recorder
9/12/2014
Recorded at the request of
3:24 PM
Public
RECORDING REQUESTED BY:
D 0 C # : 2014037669 Titles 1
Pages: 4
J. Christine Dietrick, City Attorney
Fees
0.00
City of San Luis Obispo
Taxes
0.00
990 Palm Street
Others
0.00
San Luis Obispo, CA 93401
PAID
$0.00
AND WHEN RECORDED RETURN TO:
City of San Luis Obispo
Attn: City Manager
990 Palm Street
San Luis Obispo, CA 93401
APN: 053-151-016
No Recording Fee Pursuant to Govt. Code
Section 6103
FIRST AMENDMENT TO
TEMPORARY CONSTRUCTION EASEMENT DEED
This FIRST AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT DEED ("First
Amendment") is made this 7th day of August, 2014 by BNB, a California general partnership, hereinafter
referred to as "Grantor".
WHEREAS, Grantor is the owner of that certain real property in the City'of San Luis Obispo, County of
San Luis Obispo, State of California, commonly known as 12424 Los Osos Valley Road, San Luis
Obispo, California, APN: 053-151-016 and more particularly described in Exhibit "A" attached hereto
and incorporated herein by this reference ("the Subject Property");
WHEREAS, on August 14, 2013, Grantor executed a Temporary Construction Easement Deed (the
"Easement Deed") granting to the City of San Luis Obispo ("Grantee") a temporary construction
easement (the "Temporary Construction Easement") over a portion of the Subject Property in order to
facilitate the construction of the Los Osos Valley Road — Highway 101 Interchange Project for road and
bridge improvements (the "Project");
WHEREAS, the Easement Deed was recorded in the Official Records of San Luis Obispo County on
November 13, 2013 as Document No. 2013063253, the terms and conditions of which are incorporated
herein by this reference; and
WHEREAS, by this First Amendment Grantor desires to amend certain terms and conditions of the
Easement Deed.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Grantor agrees as follows:
Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Capitalized Terms. All capitalized terms not defined herein shall have that meaning set forth in
the Easement Deed.
Amendment. Notwithstanding anything in the Easement Deed to the contrary, the Temporary
Construction Easement shall commence thirty days (30) days after issuance by Grantee of a
Notice of Commencement of Construction, which shall be issued to the property owner of record
by U.S, mail, no earlier than April 1, 2015 and shall automatically terminate upon completion of
construction of the Project and restoration of the Easement Area, or six months after the easement
commences, whichever occurs first, but in no event shall termination extend beyond December
31, 2016. It is the intent of Grantor by this First Amendment to amend and replace the time
periods set forth in the fourth paragraph of the Easement Deed.
4. Other Conditions. Except as set forth herein, all other terms and conditions in the Easement Deed
shall remain in full force and effect.
IN WITNESS A HER Grantor has executed this First Amendment as of the date first referenced
above.
GRANTOR:
BNB, a Califo iia C;e evil Partnership
/Name: B'ehijoy[z Sayahap
Title: Partn
L
Name: Behrooz Gilani
Title: Partner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
State of California
County of S-c�;iy-N U% t
On (-1 before me,
Date He P
Insert Name and TRW al he Officer
personally appeared ►�7 �1rtiC o�Z.a �5 , f �, �� rti 1
Name(s) signer(s)
. , ANTHONY JOSEPH MEJIA
Commission # 2028418
i-" Notary Public - California
'"•rr:
Los Angeles County
my Comm. Ex ires Jun t0. 24t 1 r
who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) We-':)
subscribed to the within instrument and acknowledged
to me that bla4qda xecuted the same in
it authorized capacity(ies), and that by
eir 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.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above ary Pu is
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing.
_ _ _ Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
9 2012 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo hereby accepts for public purpose the
real property, or interest therein, described in that First Amendment to Temporary Construction
Easement Deed from BNB, a general partnership, Grantor therein, to the City, Grantee therein,
and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this 10 day of •,
2014.
Dated: CITY OF SAN LUIS OBISPO
ATTEST:
J.(Meja, City
APPROVED AS TO FORM:
/Christine Dietrick, City Attorney
City of San Luis Obispo
By:
a arx, Mayor
3
END OF DOCUMENT