HomeMy WebLinkAboutD-1624 052-181-019 and 052-181-022 Foothill at Stenner Creek Recorded 10/14/2004Recording Requested by:
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo, CA 93401
APNS: 052 - 181 -019 and 052 - 181 -022
JULIE RODEWALD
San Luis Obispo ty — Clerk/Recorder
Recorded at the request of
Public
co.. # '. 1001091028 ...
Fees
Taxes
Others
PAID
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
PERMANENT EASEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND SIERRA VISTA HOSPITAL, INC.
SIERRA VISTA HOSPITAL, INC., a California corporation, and SIERRA VISTA
HOSPITAL, INC., a California corporation, doing business as SIERRA VISTA REGIONAL
MEDICAL CENTER (collectively "Owner ") hereby grants to the City of San Luis Obispo, its agents,
employees and contractors, a permanent easement ( "PE ") for road and bridge construction and
maintenance, slope access and maintenance, on, over and across certain real property owned by
the OWNER, located at APNS 052 - 181 -019 and 052 - 181 -022, San Luis Obispo, CA and as more
particularly described on Exhibit "A" attached hereto ( "Easement Area "), for the purpose of
installing, constructing and/or improving the Foothill Bridge at Stenner Creek, located on adjacent
and nearby property, and accomplishing all necessary incidents and appurtenances thereto
( "Project ").
Under this permanent easement, CITY'S use of the Easement Area shall be exclusive. As
a result, CITY, from time to time, may exclude persons or other uses of all or a portion of the
Easement Area if, in CITY'S sole discretion, the presence of said persons or other uses would be
hazardous or would hinder CITY'S activities related to the Project.
This permanent easement shall commence on June 15, 2004.
Owner acknowledges that it has received compensation from City for the TCE.
MEL
10/14/2004
9:00 AM
Pages:
0.00
0.00
0.00
SO .00
At the completion of the Project, CITY agrees to restore the Easement Area to its original
condition as nearly as is practicable.
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent, employees or contractors on the easement Area pursuant
to this permanent easement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
set forth next to their respective signatures as follows:
Dated: 2004 Dated: 2004
SIERRA VISTA HOSPITAL, INC. SIERRA VISTA HOSPITAL, INC. dba
a California Corporation SIERRA VISTA REGIONAL MEDICAL CENTER
By: .5 By:
C-C ^ C,r✓�
Its: �.% Its:
State of Or� )
) ss.
County of t� i b i 4"
On 1 2004, before me, personally appeared 2
E ok�S personally known to me or 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
ca acity (ies), and that by his /her /their signature(s) on the instrument the�e_rson(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
BARBARA PERISHO
COMM . s 12es515
NOTARY PUBLIC • CAUFOPMA
SAN LUIS OBISPO COUNTY
Comm. Exp. APRIL 2, 2005
Signature of Notary Public
State of )
) ss.
County of )
On 2004, before me, personally appeared
, personally known to me or 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.
WITNESS my hand and official seal.
Signature of Notary Public
Exhibit A
Legal Description
A portion of the land described in the grant deed to Sierra Vista Hospital, INC, a
California corporation recorded, April 1, 1998 as Document No. 1998 - 018520 of Official
Records and a portion of the land described in the grant deed to Sierra Vista Hospital,
INC, a California corporation recorded October 28, 2001 as Document No. 2001- 083565
of Official Records, in the Office of the County Recorder of the County of San Luis
Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California,
more particularly described as follows:
Commencing at the comer common to Sections 22, 23, 26 and 27 Township 30 South,
Range 12 East Mount Diablo Base and Meridian, on the northerly line of Foothill
Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919
in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County,
marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of
Licensed Surveys in the Office of the County Recorder of said County, from which a
found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa
Street cap as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters
[north 79'21'11" east 114.941 meters calculated from data per said Record of Survey];
Thence south 62 108'22" east 36.818 meters to the southerly line of Foothill Boulevard, 60
feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point
of Beginning;
Thence south 14 °11'05" east 18.482 meters;
Thence south 05 °13'51" west 4.687 meters;
Thence south 84 °46'09" east 18.293 meters;
Thence north 05 °35'08" east 14369 meters;
Thence north 62 °12'29" east 11.515 meters;
Thence north 16 °25'05" east 7.485 meters;
Thence north 44 025'55" east 7.155 meters;
Thence north 14 °11'05" east 2.584 meters to a point on said southerly line, from which
said tag bears north 59° 14'46" east 47.352 meters;
Thence westerly along said southerly line to the True Point of Beginning.
Excepting therefrom the land described in the grant deed to the City of San Luis Obispo
recorded in Volume 1292 of Official Records at Page 452 in the Office of the County
Recorder of said County.
Containing 0.0377 hectares (4,061 sq. ft.) more or less.
The above described piece of land is graphically shown on Exhibit `B" attached hereto
and made a part hereof.
rau�c6lc-;George Y Marchenko LS 6964 Date
License Expiration Date: 9/30/2005 . iii P30 -05
Sierraperm.doc
EXHIBIT "B"
Fd supertag
Section Corner "LS 7318"
Sections 22,23,26 and 27, per 81/LS/31-,,,",
T30S,R12E,MDM,
Fd 3.5" Brass Disk stamped "Black
CO Survey" per 81/LS/31 �2— o
Point of — s
Commencement _ _ — — P_
- --IV �
L 10
% — — — t292 oc
2 �O
— C�\ True Point 1,L92 R/45
\ of Beginning
\ containing
0.0377
_ — hectares
Lot 30 (4061 sq. ft.)
more or less
1 2/MB/36 6
N\ Lot 31
\\ 2/MB/36
\ in
J
Doc. No.
w 1998 - 018521
� L4
Doc. No. \
2001 - 083565
( IN METERS )
10 0 5 10
1 : 500
A portion of the land described in the grant deed to Serra Vista
Hospital, INC, a California corporation recorded, April 1, 1998 and
filed as Document No. 1998- 018520 of Official Records, a portion
of the land described in the corporation grant deed to Sierra Vista
Hospital, INC, a California corporation, recorded May 31, 2001 and
filed as Document No. 2001- 038777 of Official Records and a
portion of the land described in the grant deed to Sierra Vista
Hospital, INC, a California corporation, recorded October 28, 2001
and filed as Document No. 2001 - 083565 of Official Records, in the
Office of the County Recorder of the County of San Luis Obispo,
State of California.
Sheet 1 of 1
477 -0001 sierraperm 1:500 8-19—
LINE TABLE
LINE
LENGTH f1
BEARING
L1
36.818
S62'08'22'E
L2
18.482
S14'11'05'E
L3
4.687
S05'13'51'W
L4
18.293
S84'46'09'E
L5
14.369
N05'35'08'E
L6
11.515
N62'12'29'E
L7
7,485
N16'25'05'E
1 L8
7.155
N44'25'55'E
L9
2.584
N14'11'05'W
L10
73.280
N84'31 '18'W
L11
47.352
N59'14'46'E
L12
114.936
1 1481'23'03'E
L& 6664
&?CpiReS
9 -30. oS
4 pe-
g -Z / -o3
John L. Wallace & Assoc
1�
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Permanent Easement described in the within instrument and consents to the
recordation thereof.
CITY OF SAN LUIS OBISPO
- EM" �, NO /
pr", 4:
Mayor
This document is for the benefit of the City of San Luis Obispo, a public body corporate
and politic, of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
::.CITY OF SAN LUIS OBISPO
,.B:. `;' '4w"'
City Clerk
STATE OF CALIFORNIA
SS
COUNTY OF SAN LUIS OBISPO
On this-?a day of 2004, before me, Audrey Hooper, City Clerk, personally
appeared Mayor David F. Romero known to me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized capacity,
and that by his signature, the entity upon behalf of which he acted executed the instrument.
WITNESS my hand and official seal.
6� -,
Audrey Hoop
City Clerk
Recording Requested by:
END OF DOCUMENT
SETTLEMENT AND PURCHASE AGREEMENT
S phis Settlement and Purchase Agreement ( "Agreement ") is entered into as of this a/ day
of done, 2004, between SIERRA VISTA HOSPITAL, INC., a California corporation and SIERRA
VISTA HOSPITAL, INC., a California corporation, doing business as SIERRA VISTA REGIONAL
MEDICAL CENTER ( collectively "Owner"); and the CITY OF SAN LUIS OBISPO, a Municipal
Corporation ( "City" or "Its ").
RECITALS
A. Owner is the owner of that certain real property located within the City of San Luis
Obispo, San Luis Obispo County, California, also known as Assessor's Parcel Number 052 -181-
019 and 052 - 181 -022 ( "Real Property ").
B. City desires to purchase permanent and temporary construction easements in,
over, across and upon the Real Property, hereinafter referred to as the "Easements ".
C. City has the power of eminent domain pursuant to the laws of the State
of California. City has initiated an eminent domain lawsuit against Owner, identified as San Luis
Obispo County Superior Court No.CV 040182. City and Owner have reached an agreement by
which City shall acquire the Easements pursuant to the terms and conditions contained herein.
D. City desires to purchase the Easements from Owner, and Owner desires
to grant the Easements to City on the terms and conditions contained in this Agreement.
NOW, THEREFORE, for valuable consideration, and subject to all terms and conditions
hereof, City and Owner agree as follows:
PURCHASE AND SALE.
Pursuant to the terms and conditions contained in this Agreement, Owner hereby agrees
to grant the Easements to City and City hereby agrees to accept the Easements from Owner.
2. PURCHASE PRICE.
A. The purchase price ( "Purchase Price ") for the easements shall be NINETEEN
THOUSAND and NO /100 DOLLARS ($19,000) plus interest, payable by City to Owners in cash
within the period of time set forth in Section 2 (C) below.
B. Owner shall have executed in recordable form the Grants of Easement ( "Deeds ")
attached hereto as Exhibit A and deliver said Deeds to City within ten (10) days of the date of this
Agreement is executed. City shall execute a Certificate of Acceptance of said Deeds and deposit
them with the County Recorder for recordation within ten (10) days of the date City receives the
executed Deeds from Owner.
C. Within ten (10) days of the date City receives the executed Deeds from
Owner, City shall cause to be filed with the San Luis Obispo Superior Court a Petition for Refund of
the deposit on file with San Luis Obispo County in this action. Said petition shall request an order
from the Court that the $19,000 previously deposited by City for the benefit of defendants in the
eminent domain action be withdrawn from the deposit and made payable directly to City, in care of
its counsel at the address indicated in Section 8 herein. Buyer shall pay the purchase price of
$19,000 plus interest to Owner not later than thirty (30) days following Buyer's receipt of the
executed Deeds.
3. REPRESENTATIONS AND WARRANTIES.
A. City hereby represents and warrants to Owner that (i) it has the legal power, right
and authority to enter into this Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (ii) all requisite action has been taken by City
in connection with the entering into of this Agreement and the instruments referenced herein, and
the consummation of the transactions contemplated hereby; and (iii) no consent of any other party
is required.
B. Owner hereby represents and warrants to City that (i) it has the legal power, right
and authority to enter into the Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (ii) all requisite action (corporate, trust,
partnership or otherwise) has taken by Owner in connection with the entering into this Agreement
and the instruments referenced herein, and the consummation of the transactions contemplated
hereby; and (iii) no consent of any other party is required.
C. The project for which City requires said temporary construction easements is the
Foothill Bridge Replacement Project. City's contractor shall carry general comprehensive
insurance having not less than One Million ($1,000,000.00) Dollar coverage, and said contractor
shall be bonded for performance.
D. In the even that said Real Property is damaged during the construction of said
Project, Owner shall notify City within seven (7) days of said damage and City shall cause its
contractor to repair said damage as soon as is reasonably possible.
E. The City agrees to restore the subject property to its existing condition as is
reasonably possible upon completion of the Project.
F. Owner warrants that there are no leases on the property.
G. This agreement between Owner and City is subject to approval by the City Council
of the City of San Luis Obispo.
4. INDEMNIFICATION.
City shall save, defend, indemnify and hold harmless, Owner, its directors, officers,
employees and agents, successors and assigns (herein collectively called "Indemnified Parties ")
from and against any and all suits, actions, legal or administrative proceedings, claims, demands,
actual damages, fines, punitive damages, losses, costs, liabilities, interest, attorneys fees
(including any such fees and expenses incurred enforcing this indemnity) (herein collectively called
"Damages ") arising from the construction of said project. The covenants set forth in this Section
shall survive delivery of the Deed.
5. DISMISSAL OF EMINENT DOMAIN ACTION & RELEASE OF LIS PENDENS.
City shall dismiss said eminent domain lawsuit upon recordation of the grant of easement,
and City shall record a Release of Lis Pendens.
6. RELEASE OF CLAIMS.
Owner hereby releases and forever discharges, on behalf of the Owner, and its partners,
affiliates, creditors, successors, assigns, heirs, executors and administrators, the City and the
City's Council Members, and City's employees, agents, contractors and affiliates from any and all
demands, claims or causes of action against the City of San Luis Obispo arising out of or
pertaining to the acquisition of the Easements in Owner's Real Property, including but not limited to
any claims for just compensation, litigation expenses, attorney's fees and costs including, but not
limited to, costs incurred to defend the lawsuit, statutory relocation assistance and /or benefits, loss
or damages for inverse condemnation, unreasonable precondemnation delay, or unreasonable
precondemnation activities. In giving this release, the Owner and Sublessee waive the protection
of Civil Code Section 1542, which statute provides as follows: "A general release does not extend
to claims which the creditor does not know or subject to exist in his favor at the time of executing
the release, which if known by him must have materially affected his settlement with the debtor."
7. GOVERNING LAW.
This Agreement shall be construed and enforced in accordance with the applicable laws of
the State of California.
8. NOTICE.
All notices or other communications required or permitted hereunder shall be writing, and
shall be personally delivered, sent by national overnight courier service, sent by facsimile
transmission, if also sent by one of the other methods provided in this Section, or sent by
registered or certified mail, first class postage prepaid, return receipt requested, and shall be
deemed received upon the earlier of (i) the date of delivery to the address of the person to receive
such notice; (ii) the date of the facsimile; or (iii) three (3) business days after the date of posting
with the United States Postal Service at the following addresses:
To Owner:
Sierra Vista Hospital c/o Tenet Healthcare Co.
P.O. Box 25980
Los Angeles, CA 90025
Attn: Richard Lee
To-Ch
Barbara Lynch
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
With Copy to:
Jonathan Lowell
City Attorney, City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Notice will be effective or deemed effective on the date of delivery, if personally delivered
or sent by facsimile or courier service, or if mailed, three (3) days after deposit with the United
States Postal Service. Any parry to this Agreement may change its address for receipt of notices
by giving notice of such changes to the other party in the manner set forth in this Section. Neither
the rejection of a notice by the addressee or the inability to deliver a notice because of a change of
address for which no change of address notice was received, shall affect the date on which such
notice is deemed received.
9. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and every
provision hereof in which time is a factor.
B. Entire Agreement. This Agreement, including the Exhibits attached hereto,
contains the entire agreement between the parties pertaining to the subject matter hereof and fully
supersedes any and all prior agreements and understandings between the parties. No change in,
modification of or amendment to this Agreement shall be valid unless set forth in writing and signed
by all of the parties subsequent to the execution of this Agreement.
C. Further Assurances. Each of the parties agrees that it will without further
consideration execute and deliver such other documents and take such other action as may be
reasonably requested by the other party to consummate more effectively the purposes or subject
matter of this Agreement.
D. Successors. Subject to the provisions of this Agreement, this Agreement shall be
binding upon and shall inure to the benefit of the parties hereto, and their respective heirs,
executors, representatives, successors and assigns.
E. Severability. In the event any provision of this Agreement shall be determined by
a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability
shall be effective only to the extent of such determination and shall not prohibit or otherwise render
ineffective any other provision of this Agreement.
F. Exhibits. References herein to exhibits are to Exhibit A, attached hereto, which
exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
Signature pages may be detached from the counterparts and attached to a single copy of this
Agreement to physically form one document.
IN WITNESS WHEREOF, City and Owner has executed this Agreement as of the date first
written above.
APPROVED AS TO FORM:
CITY OF SAN LUIS OBISPO.
i orney DAVID F. ROMERO
Mayor
OWNERS:
SIERRA VISTA HOSPITAL, INC. SIERRA VISTA HOSPITAL, INC. dba
a California Corporation SIERRA VISTA REGIONAL MEDICAL CENTER
Its: L e o Its:
ATTE T:
Z! �
AUDREY HOOP R
CITY CLERK
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of � (a tJ L_U � r.
On i cRq D before me, �� (� ALA �� S h o—,
Date ^ e and Title of Officer (e.g., •Jane Doe, Notary Public -)
personally appeared
'BARBARA PERISHO
comm. • 1299815
' WTMCx
• CN1F0WM
SAu 8ISPO COIJNw
comm.APRIL 2005
�Tc�k
Name(s) of Signers)
❑ personally known to me
>RPoved 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
efF entity upon behalf of which the person(s)
acted, executed the instrument.
SS my hand nd o) ial seal.
Place Notary Seal Above Signature o otary Public
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: poi, S c
Document Date: : Lwf D� umber of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signe l
Signer's Name: A 2 H S\ c�I� E5
❑ Individual c\ Top of thumb here
� CorporateOfficer— Title(s): S14rZ1QH \A'Z,TA 't�'�cr�,P y41Y\L _
C\
❑ Partner — ❑Limited ❑ Generals 51� 2rzA
❑ Attorney in Fact `VAa&t�L
❑ Trustee Nit
❑ Guardian or Conservator
❑ Other: Gavin
Signer Is Representing:
0 1997 National Notary Association - 9350 De Solo Ave.. PO. Boa 2402 • Chatsworth, CA 91313 -2402 Prod. No 5907 Reorder: Call Toll-Free 1- 800876 -6827