HomeMy WebLinkAboutD-1881 Public Driveway Easement described in Section 2.2 (ii) of Reciprocal Easement Agreement Recorded 02/02/2011RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
JULIE RODEW
San Luis Obispo C Clerk/Recorder
Recorded at the request of
Public
D O C # : 2011005839 Titles:
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.
A C C E P r� /V C E OF RECIPROCAL EASEMENT AGREEMENT
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2/02/2011
2 :33 PM
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the Public Driveway Easement in the City of San Luis Obispo, County
of San Luis Obispo, State of California, described in Section 2.2 (ii) of theo#whed-Reciprocal
Easement Agreement dated November 23, 2009, and recorded on November 25, 2009, as
Document No. 2009065483 in the Office of the County Recorder of said County, is hereby
accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by
Resolution No. 5.370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official Records,
Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by
its duly;authorized officer or his agent.
DATE: I - l- — 1 0
ATTEST:
Elaina Cano
City Clerk
CITY OF SAN LUIS OBISPO
END OF DOCUMEP(i
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Recording requested by
FIRST AMERICAN TITLE CO
WHEN RECORDED RETURN TO:
Halferty Development Co.
199 South Los Robles Ave #P
JULIE RODEWALD AB
San Luis Obispo County— ClerWRecorder 11/2512009
Recorded at lba roquast of 11:38 AM
First American Title Company
0 o c # : 2009065483 Titles: 2 Pages: 41
Fees 138:00
Taxes 0.00
Others 0.00
PA10 $136.00
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RECIPROCAL EASEMENT AGREW
RECITAALa -*
This Reciprocal Easement Agreement ( "Agreement") is'
2TO day of November 2009 by and between (i) Rabobank, N.A.,l
Properties, Inc. ( "Bank"), and (ii) H &D Maymont, LLC, a Deli
( "H &D "), and Halferty Development Company, LLC, a Dela
"HDC'I, as tenants in common (collectively, H &D an.
"R &D/Halferty'), each of whom is a Party to this Agreemeni /
facts:
A. Bank is the fee owner of the real property located; . _._.____r._,
and graphically depicted by cross - hatching on the site plan ( "Site Plan') attached hereto as the
first page of Exhibit "A" and legally described on Exhibit "A -I" attached hereto (the "Bank
Property').
B. H &D/Halforty is the fee owner of the real property located in San Luis Obispo,
California, and graphically depicted by parallel lines on the first page of the Site Plan and legally
described on Exhibit "A -2" attached hereto (the "H &D/Halferty Property'l. H&D/Halferty is
proceeding with the development that is illustrated on the second page of Exhibit "A" (the
"Development Plan'), which development is named "The Village at Broad Street". The
Development Plan has been approved by the City of San Luis Obispo ( "City "). The
H &D/Halferty Property is referred to on some of the exhibits to this Agreement as 'The Village
at Broad Street Property".
C. In connection with the development contemplated by H &D/Halferty on the
H&D/Halferty Property as set forth in the Development Plan, the Bank has requested
H&D/Halferty to preserve a line of sight area to the Bank Property ("Line of Sight Easement
Area's in which area the Owner of the H &D/Halferty Property will not construct any vertical
building improvements. The Line of Sight Easement Area is graphically depicted by shading on
Exhibit "A -3E" attached hereto and is legally described on Exhibit "A -3" attached hereto.
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D. The Bank and H &D/Halferty further desire to provide for (1) reciprocal rights of
ingress and egress over the driveway area (x) graphically depicted by shading on Exhibit "A4E"
attached hereto ( "Driveway Easement Area -Bank Property ") and legally described on Exhibit
"A-4" attached hereto (on the Bank Property); and (y) graphically depicted by shading on
Exhibit "A -5E" attached hereto ( "Driveway Easement Area- H &D/Halferty Property ") and
legally described on Exhibit "A -5" (on the H &D/Halferty Property) attached hereto (collectively,
the "Driveway Easement Area "); and . (ii) the Owner of the H &D/Halferty Property to be
responsible for maintaining and repairing the Driveway Easement Area, the costs of which
maintenance and repairs shall be pre - approved by the Owner of the Bank Property, which
approval shall not be unreasonably withheld or delayed and shared equally by the Owners of the
H &D/Halferty Property and the Bank Property.
E. Bank desires to provide for the benefit of the H&D/Halferty Property an easement
for the parking of motor vehicles, pedestrian and vehicular travel over the parking area of the
Bank Property ("Bank Property Parking Easement Area ") graphically depicted by shading on
Exhibit "A-6E" attached hereto and legally described on Exhibit "A-6" attached hereto.
F. H &D/Halferty desires to provide for the benefit of the Bank Property an easement
for the parking of motor vehicles, pedestrian and vehicle travel only over the parking area on the
H &D/Haiferty Property ("H &D/Halferty Property Parking Easement Area ") graphically
depicted by shading on Exhibit "A -7E" attached hereto and legally described on Exhibit "A -7"
attached hereto.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained in this Agreement, the Parties agree as follows:
I. DEFINITIONS
I.I. Claims. The term "Claims" means fines, suits, losses, costs, expenses, liabilities,
demands, actions, damages and judgments, including reasonable attorneys' fees and costs of
litigation, investigation and appeal.
1.2. &Asement Areas. The term "Easement Areas" means the portions of each Parcel
depicted as Driveway Easement Areas, Parking Easement.Areas, and the Line of Sight Easement
Area. Easement Areas are those portions of each of the Parcels designated for use as easements
as set forth in this Agreement, and are refen-ed to specifically as the "Driveway Easement
Area," the `Bank Property Parking Easement Area ", the "H &D/Halferty Property Parking
Easement Area ", and the "Line of Sight Easement Area ".
1.3. Existing Instrument. The term "Existing Instrnment" means that certain
Covenant and Agreement Regarding Restrictions and Reciprocal Easements, recorded in the
Official Records, San Luis Obispo County, California ("Official Records") .on October 29, 1997
as Document No. 1997- 061438.
1.4. Occupancy A ment. The term "Occupancy Agreement" shall mean any
agreement entered into by an Owner to grant occupancy rights to the applicable Property.
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'1,5, Occupant. The term " Occupant" means each of the Parties to this Agreement
and any Person entitled at any time to the use and occupancy of any portion of the improvements
located on the Parcels under any lease, license, or other instrument or arrangement.
1.6. Owner. The term "Owner" means the Person or Persons holding fee title to any
portion of the Bank Property or the H&D/Halferty Property, as applicable.
1.7. Parcel. The term "Parcel(s)" means, individually, the Bank Property or the
H&D/Halferty Property, and collectively both such properties,
1.8. LM. The term "Party" means each Person executing this Agreement to the
extent it is an Owner of its Property, or that Person's successor in interest to a Parcel as shown
by the Official Records.
1.9. Person. The term "Person" means an individual or a partnership, limited liability
company, association, corporation, trust, or any other form of legal or business entity.
1.10. Users. The term "Users" means all Persons who have been granted permission to
use the Easement Areas, including the Parties, Occupants, employees, service and other
personnel, invitees, customers, agents, and contractors.
2. GRANT OF EASEMENTS
2.1. Line of Sight Easement. Without the prior written consent of the Bank, the
Owner of the H&D/Halferty Property covenants that it will not construct any vertical building
improvements, other than one (1) monument sign not exceeding four (4) feet in height and
subject to governmental approval within the Line of Sight Easement Area, subject to the terms of
this Agreement.
2.1.1. Easement Appurtenant. The easement in the.Line of Sight Easement is
an easement appurtenant to the Bank's Property.
2.1.2. Nonexclusive Easement. The Line of Sight Easement is nonexclusive.
The Owner of the H &D/Halferty Property retains the right to make any use of the Line of Sight
Easement Area that is permitted pursuant to the provisions of this Agreement; provided, the
Owner of the H&D/Halferty Property will not grant any future rights to any Person that will
detrimentally affect the Line of Sight Easement.
2.13. H &D/Halfertv Obligations. The Owner of the H&D/Halferty Property
hereby agrees to protect and defend the Line of Sight Easement Area during the term of this
Agreement.
2.2. Driveway Easement Area, Each Party, as grantor, grants: (i) to the other Party,
as grantee, a non - exclusive easement over and across that portion of their respective Parcels
depicted as the Driveway Easement Area graphically depicted on Exhibits "A-4E" and "A -5E"
depicted by shading and legally described on Exhibits "A -4" and "A -5" for the purpose of
vehicular and pedestrian ingress and egress, and construction of driveway improvements and
installation of directional and traffic signs by the Owner of the H &D/Halferty Property at its sole
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cost and maintenance of the foregoing in accordance with the provisions of Section 2.2.4 below;
and (ii) to the City of San Luis Obispo and the general public, a non - exclusive easement over and
across that portion of their respective Parcels depicted as the "Public Driveway Easement
Area" graphically depicted on Exhibit "A -8E" attached hereto by shading and legally described
on Exhibit "A -8" attached hereto for the purpose of vehicular and pedestrian ingress and egress.
No parking- shall be permitted in any portion of the Driveway Easement Area or the Public
Driveway Easement Area. Bank further grants to H &D/Halferty a non - exclusive right to install
and maintain subsurface utility lines servicing the H&D/Halferty Property below that portion of
the Driveway Easement Area located on the Bank Property but not in excess of nine (9) feet in
depth. The Owner of the H&D/Halferty Property shall be responsible for any and all costs for
the installation, maintenance, repair and replacement of the subsurface utility lines during the
entire term of this Agreement, unless such responsibility is otherwise undertaken by the
respective public utility companies. During any construction on the Driveway Easement Area,
the Owner of the H&D/Halferty Property specifically agrees that. it and its agents shall not
obstruct the operations conducted on the Bank Property, including, but not limited to, the drive -
thru lane used by the customers of the Owner of the Bank Property. In addition, any
construction on the Driveway Easement Area must be completed on an expedited basis to avoid
inconvenience to the business operations of the Owner of the Bank Property.
2.2.1. Description of Easement. The reciprocal easements granted in this
Section are easements for the pedestrian and vehicle ingress and egress only. The easements are
conveyed subject to all those exceptions to title of record.
2.2.2. Grantee Covenants. Each Party agrees to use the Driveway Easement
Area only in a manner consistent with the terms and conditions hereof. Neither Party shall make
any changes to the Driveway Basement Area that are inconsistent, with the purposes of this
easement as herein described, without the prior written consent of the other Party.
2.2.3. Nonexclusive Easement. The casements granted in this Section 2.2 are
nonexclusive. Each Party retains the right to make any use of the portion of the Driveway
Easement Area on its Parcel, including the right to grant concurrent easements in its portion of
the Driveway Easement Area, to its tenants, and their respective customers, guests, and invitees,
provided that such concurrent casements do not interfere with the other Party's use and
enjoyment of the Driveway Easement Area' for the stated purpose.
2.2.4, MalMenance. The Owner of the H &D/Haiferty Property shall be
obligated to maintain, repair, slurry coat, stripe, repair and replace, as needed to keep the
Driveway Easement Area in good condition and repair, subject to the reimbursement obligations
below. The Owner of the Bank Property shall have the right to pre - approve the proposed costs
of maintenance, which approval shall not be unreasonably withheld, conditioned or delayed.
Within thirty (30) -days following the delivery by the Owner of the H &D/Haiferty Property-to the
Owner of the Bank Property of paid invoices for costs and fees incurred in connection with the
fulfillment of the foregoing obligations, the Owner of the Bank Property shall reimburse the
Owner of the H &D/Halferty Property for one -half of the full amount; provided, the Owner of the
Bank Property shall not be obligated to pay for repair or replacement of construction defects or
for any matter which a warranty covers or insurance'proceeds are actually received. In the event
that the Owner of the Bank Property does not reimburse such amount within such period of time,
4.
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the amount not timely paid shall accrue interest at two percent (2 %) per annum over the prime
rate of interest published in the Wall Street Journal, or such other publication, including
electronic quotes, that purport to identify the rate of interest charged by seventy-five percent
(75 %) or more of the largest banks (as measured by deposits) in the United States, which interest
shall accrue from the date of delivery of the invoice until the date of payment.
2.2.5. Restrictions. Subject to Section 2.5 below, each Owner of a Parcel
shall be required to keep the Driveway Easement Area free from any obstructions at all times.
2.2.6. Prior Drivewav Easement. There currently exists a prior Agreement
Creating Easement for Common Driveway entered into by the Bank in favor of the City recorded
on July 1, 1982 as Instrument No. 82 -26983 ( "Prior Driveway Easement"). The Prior
Driveway Easement is not consistent with the existing entitlements for the H&D/Halferty
Property as set forth in the Development Plan or this Agreement. However, it is H&D/Halferty's
understanding that the City will agree to terminate the Prior Driveway Easement if the City is
granted similar easement rights in the Public Driveway Easement Area under this Agreement.
The Owner of the H &D/Halferty Property shall use commercially reasonable and good faith
efforts to have the City record a document terminating the City's rights under the Prior Driveway
Easement prior to recording this Agreement; if the Owner of the H&D/Halferty Property is not
able to have this Agreement recorded by then, the Owner of the H&D/Halferty Property shall be
required to have such termination document recorded no later than the earlier of six (6) months
following the recording of this Agreement or the commencement of construction of the
Driveway Easement Area; if the Prior Driveway Easement is not terminated in this 6 -month
period, the Owner of the Bank Property shall have the right to make efforts to terminate it and
the Owner of the H &D/Halferty Property shall reimburse the Owner of the Bank Property for
such costs.
2.3. Bank Property Parking_ Easement Area. Bank, as grantor, grants to H &D/Halferty
and its successor, as grantee, an exclusive easement on the above - ground portion of the Bank
Property depicted as the Bank Property Parking Easement Area graphically depicted on Exhibit
"A-6E" by shading and legally described on Exhibit "A -6" for the purpose of the surface parking
of motor vehicles, pedestrian and vehicular travel, landscaping, installation and maintenance of
directional and traffic signs, and for construction by the Owner of the H &D/Halferty Property
within the Bank Property Parking Easement Area in accordance with the Development Plan, and
for the repair and maintenance of the Bank Property Parking Easement Area, all of the above
being at the sole cost of the Ownet of the H&D/Halferty Property. In addition, the Owner of the
Bank Property hereby grants to the Owner of the H &D/Halferty Property a non -exclusive below
surface easement for the Bank Property Parking Easement Area for the installation and
maintenance of subsurface utility lines servicing the H&D/Halferty Property.
2.3.1. Description of Easement. The easement granted in this Section is for
the purposes stated only. The easement is conveyed subject to all_ those exceptions to title of
record or apparent.
2.3.2. Grantee Covenants. The Owner of the H &D/Halferty Property agrees
to use the Bank Property Parking Easement Area only in a manner consistent with the terms and
conditions hereof, and further agrees that the Owner of the H &D/Halferty Property's use of the
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Bank Property Parking Easement Area will not interfere with the use of the Driveway Easement
Area as provided herein. Neither Party shall make any changes to the Bank Property Parking
Easement Area that are inconsistent with the purposes of this easement as herein described,
without the prior written consent of the other Party.
233. Exclusive Easement. The easement for parking granted in this Section
2.3 is exclusive for the purposes as herein stated and signs may be posted to evidence the same.
The Owner of the Bank Property retains the right to make any use of the Bank Property Parking
Easement Area, provided that such use does not interfere with the Owner of the H&D/Halferty
Property's exclusive use and enjoyment of the Bank Property Parking Easement Area for the
stated purpose.
2.3.4. ,Maintenance. The Owner of the H&D/Halferty Property, at its sole
cost, shall be obligated to maintain, slurry coat, stripe, repair and replace, as needed, to keep the
Bank Property Parking Easement Area in good condition and repair.
2.4. H &D/Halferty Property Parking Easement Area. H &D/Halferty, as grantor,
grants to Bank, as grantee, an exclusive easement over and across the above - ground portion of
the H &D/Halferty Property depicted as the H &D/Halferty Property Parking Easement Area
graphically depicted on Exhibit "A -7E" by shading and legally described on Exhibit "A -T' for
the purpose of the parking of motor vehicles, pedestrian and vehicular travel, subject to a
reservation. retained by the Owner of the H &D/Halferty Property for the purpose of constructing
improvements by the Owner of the H&D/Halferty Property within the H &D/Halferty Property
Parking Easement Area, in accordance with the Development Plan and at its sole cost.
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2.4.1. Description of Easement. The easement granted in this Section is for
the purposes stated only. The easement is conveyed subject to all those exceptions to title of
record or apparent.
2.4.2. .Grantee .Covep". The Owner of the Bank Property agrees to use the
H &D/Halferty Property Parking'Easement Area only in a manner consistent with the terms and
conditions hereof, and further agrees that such Owner's use of the H &D/Halferty Property
Parking Easement Area will not interfere with the use of the Driveway Easement Area as
provided herein. Neither Party shall make any changes to the H&D/Halferty Property Parking
Easement Area that are inconsistent with the purposes of this easement as herein described,
without the prior written consent of the other Party.
2.4.3. Exclusive Easement The easement for parking granted in this Section
2.4 is exclusive for the purposes as herein stated and signs may be posted to evidence the same.
The Owner of the H&D/Halferty Property retains the right to make any use of the H &D/Halferly
Property Parking Easement Area, provided that such use does not interfere with the Owner of the
Bank Property's exclusive use and enjoyment of the H &D/Halferty Property Parking Easement
Area for the stated purpose.
2.4.4. Maintenance. Subject to the obligations of the Owner of the
H &D/Halferty Property set forth in Sections 2.2 and 2.4 above and 2.5 below, the Owner of the
Bank Property, at its sole cost, shall be obligated to maintain, slurry coat, stripe, repair and
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replace, as needed, to keep the H &D/Halferty Property Parking Easement Area in good condition
and repair.
2.5. Temporary Construction Easement. The Owner of the Bank Property hereby
grants to the Owner of the H &D/Halferty Property a temporary construction easement on that
portion of the Bank Property graphically depicted by shading on the "Temporary Construction
Easement-Bank Property" attached hereto as Exhibit "A -9" and legally described on Exhibit
"A -9E" attached hereto for the purpose of enabling the Owner of the H &D/Halferty Property to
construct, maintain and replace certain improvements for the easement areas granted by the Bank
herein. The easement is "temporary" in nature to avoid an unreasonable disruption of the
business operations on the Bank Property, and shall only be effective if the Owner of the
H&D/Halferty Property. commences and completes construction on the Bank Property as soon as
possible. The Owner of the H &D/Halferty Property shall deliver to the Owner of the Bank
Property not less than ten (10) days notice of its intent to conduct any construction, repair or
maintenance work on the Bank Property, and include with such notice the proposed work to be
performed and construction schedule for such work. The Owner of the Bank Property shall be
required to approve in writing any changes from the Development Plan that impact the Bank
Property and the construction schedule, such approval not to be unreasonably withheld,
conditioned or delayed. In performing any repair and replacement work, the Owner of the
H&D/Halferty Property shall restore the property to its original condition immediately after the
completion of the activity for which such temporary easement was exercised. In addition, the
Owner of the H &D/Halferty Property may not exercise such temporary easement in a manner
that unreasonably interferes with the use and enjoyment of the Bank Property, including the full
access necessary for the drive -thru lane at the Bank Property at all tortes. Furthermore, the
Owner of the H&D/Halferty Property shall indemnify the Owner of the Bank Property against
any and all Claims arising directly or indirectly by reason of the exercise of such temporary
easement to the extent provided in Section 7 of this Agreement. Prior to the commencement of
any construction, the Owner of the H&D/Halferty Property shall provide the Owner of the Bank
Property with insurance certificates in compliance with Section 8 below and shall require the
general contractor performing work on the Bank Property to secure similar insurance and
provide insurance certificates evidencing the same. The Owner of the H &D/Halferty Property
shall complete all construction activities on the Bank Property on an expedited basis.
H &D/Hal&rry anticipates that the Development Plan will be implemented on a phased basis with
each legal parcel (Parcels 1, 2 and 3) of the H &D/Halferty Property representing a project phase.
Phase I will be the improvements shown for Parcel 3 on the Site Plan and the Development Plan.
Phase II will be the improvements shown for Parcel 1 on the Site Plan and the Development
Plan. Phase TH will -be the improvements shown for Parcel 2 on the Site Plan and the
Development Plan. During Phase I, the extension of Emily Street to Alphonso Street will be
constructed, and the Owner of the H &D/Halferty Property may only use the portions of the
temporary construction easement directly adjacent to the work being performed during Phase 1.
Prior to commencement of construction for Phase 1, the Owner of the H &D/Halferty Property
.shall provide the owner of the Bank Property with thirteen (13) temporary paved parking spaces
on Parcel 1 on a temporary easement basis with paved vehicular and pedestrian access to such
parking spaces, and lighting to protect the users of the parking spaces and access easements to
the same; the location of such temporary paved parking spaces shall be as 'set forth on the Site
Plan as the "Temporary Parking Easement Area ". Upon completion of Phase I, the Owner of
the Bank Property shall have the right to use 13 spaces on a temporary easement basis in the
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triangular parking lot on the southern portion of Parcel 3, to be constructed during Phase I, the
location of which shall be as set forth on the Site Plan as the "Triangular Parking Easement
Area ", and the Owner of the Bank Property's temporary easement over Parcel I shall terminate.
The private driveway from Broad Street to Emily Street along with all other improvements in the
Development Plan on Parcel 1, including the new diagonal parking spaces for the benefit of the
the Owner of the Bank Property, will be constructed during Phase Il. The .Owner of the
H &D/Halferty Property may only use the portions of the temporary construction easement
directly adjacent to the work being performed during Phase II. The construction of the private
driveway, diagonal parking spaces and improvements on the Bank Property as part of Phase 11
shall be completed by the Owner of the H &D/Halferty Property within five (5) years of the
recording of this Agreement; in the event that such construction is not completed within this 5-
year time frame, the Owner of the Bank Property shall be entitled to all legal remedies available
to enforce such obligation or to obtain an alternative remedy, including the right, but not the
obligation, to construct the private driveway, diagonal parking spaces and improvements on the
Bank Property with the Owner of the H &D/Halferty Property to be fully responsible for all costs
relating to the same. The Owner of the H &D/Halferty Property shall be responsible for all costs
relating to the temporary parking arrangements, and agrees to temporary easements in favor of
the Owner of the Bank Property for such purposes, and the Owner of the Bank Property shall
approve in writing all temporary parking arrangements prior to the commencement of any
consttvctlon by the Owner of the H &D/Halferty Property, such approval not to be unreasonably
withheld, conditioned or delayed. Prior to any construction commencing on Phase 1, the Owner
of the H&D/Halferty Property shall obtain the City's written approval of the temporary parking
arrangements as set forth herein (and provide such approval to the Owner of the Bank Property),
and shall be responsible for curing any City objections to the same.
2.6. No Damage to Existing Utilities. In performing construction specified in this
Agreement, the Owner of the H &D/Halferty Property shall not damage or disrupt service to any
existing utilities servicing the Bank Property.
3. Dominant and Servient Estates. For purposes of the easements granted in this
Agreement, the Parcels benefited by each easement constitute the dominant estate, and the
Parcels burdened by each easement constitute the servient estate. The grant of an easement to a
Parry for that Party's benefit shall also be a grant to and for the benefit of that Party's successors,
heirs, assigns and Occupants. Each easement granted in this Agreement is appurtenant to and for
the benefit of each Parcel owned by each grantee of the easement. No easement may be
transferred, assigned, or encumbered except as an appurtenance to the benefited Parcel.
4. Term. Except as otherwise provided herein, this Agreement will remain in full force and
effect for a term of sixty-five (65) years from the date hereof; provided, however, the term of this
Agreement will automatically and without further notice continue in full force and effect for
successive terms of five (5) years unless at least one (l) year prior to the expiration of the initial
term or any such five (5) year extension, there will be recorded an instrumerrt terminating this
Agreement and conforming to the provisions of Section 11.5 of this Agreement.
5. Rules and Regulations. A Party may from time to time adopt rules and regulations
pertaining to the use of its Parcel, provided that no rule or regulation shall abrogate, abridge, or
otherwise modify the rights granted to any Party under this Agreement.
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6. Development and Construction; Management and Maintenance Duties. H &D/Halferty
received approval from the City on October 7, 2008, for The Development Plan; a subsequent
modification of the Development Plan was approved by the City on August 4, 2009. In the event
that the Owner of the H &D/Halferty Property commences construction of any portion of the
project, the Owner of the H &D/Halferty Property shall be fully responsible for completing the
Development Plan as presented to the City, including the conditions of approval established by
the City, and any and all development and construction work illustrated in the Development Plan
with respect to the portion of the project on which construction was commenced; provided, that
the timing of completion of construction for Phase II and Phase III will be at the Owner of the
H&D/Halferty Property's sole discretion, except as expressly stated otherwise in this Agreement.
Such responsibility shall include constructing during the applicable phase and paying for the
improvements on the Bank Property as contemplated in the Development Plan, including new
parking spaces proposed by H&D/Halferty, the Driveway Easement Area and all landscaping.
As part of this obligation, the Owner of the H &D/Halferty Property shall immediately remove
any mechanics' liens that encumber the Bank Property as a result of construction by the Owner
of the H &D/Halferty Property. The Bank would not be entering into this Agreement without the
clear understanding that the Owner of the Bank Property shall not be responsible for any costs or
expenses associated with the construction and development set forth in the Development Plan.
Except as otherwise stated herein, each Party shall manage, maintain, and operate the Easement
Area on its own Parcel in good condition and repair. The Parties' obligations under this Section
6 shall survive the expiration or termination of this Agreement.
7. Indemnification. Each Owner hereby indemnifies, holds harmless and defends (with one
counsel, irrespective of any actual or perceived conflict of interest among the Indemnified
Parties) the other Owner and its related parties, including affiliate entities, shareholders, directors
and officers, employees, contractors, agents and tenants ("Indemnified Party(ies)'J from and
against all Claims caused by (i) the business activities of the indemnifying Owner and its related
parties, including affiliate entities, shareholders, directors and officers, employees, contractors,
agents and tenants ( "Related Party(ies)'), and (ii) the active or passive negligence or willful
misconduct of any Related Party; provided, the indemnifying Owner does not indemnify any
Indemnified Party against any Claim which is caused by the active or passive negligence or
willful misconduct of any Indemnified Party. In addition, the Owner of the H &D/Halferty
Property shall be responsible for all costs and expenses relating to the development and
construction of the H &D/Halferty Property in accordance with the Development Plan and
construction of the improvements on the Easement Areas and other locations as contemplated in
this Agreement, including but not limited to all permit fees, and shall defend (with one counsel,
irrespective of any actual or perceived conflict of interest among the Indemnified Parties) and
indemnify the Owner of the Bank Property and its Indemnified Parties for all Claims asserted
against the Owner of the Bank Property to the extent that they are caused by the Indemnifying
Parties. Furthermore, the Owner of the H &D/Halferty Property shall defend and indemnify the
Owner of the Bank Property consistent with the indemnity obligations in this Section 7 for any
Claims by any party whose use of easements granted by the Bank under this Agreement cause
damage to the holders of superior easement rights encumbering the Bank Property that are in
existence prior to the date this Agreement is recorded. The Parties' obligations with respect to
indemnification hereunder will remain effective, notwithstanding the expiration or termination of
this Agreement, as to Claims arising or accruing prior to the expiration or termination of this
Agreement.
9
s :IRABOBANK%abobank- SLO- ReoiprooI Eaaaem Ageement -H &D Maymont- Final- 11- 23- 09.doc
•
8. ] nsurance. Each Party grants to each other Party, on behalf of its insurer, a waiver of any
right of subrogation that any insurer of one Party may acquire against any other Party by virtue
of payment of any loss under the insurance. Each insurance policy shall contain this express
waiver endorsement if possible. The requirement of the Parties for insurance coverage are set
forth below.
8.1. Amounis. Each Party shall procure and maintain at all times during the term of
this Agreement commercial general public liability insurance covering activities on the other
Party's Parcel, including the Driveway Easement Area and the applicable Parking Easement
.Area, and insuring against the risks of bodily injury, property damage, and personal injury
liability occurring or arising during the policy period. The insurance required under this
Paragraph shall have a minimum combined single limit of liability of Two Million Dollars
($2,000,000) and a general aggregate limit of at least Five Million Dollars ($5,000,000). Further,
each policy shall designate the other Party as an additional insured, shall provide that the
insurance is primary and noncontributory, shall provide for severability of interests, and shall
provide that an act or omission by the insured Party or any additional insured does not void or
reduce coverage afforded the insured Party or any additional insured. Either Party, in the
exercise of commercially reasonable discretion or at the direction of its lenders, not more than
once every ten (10) years, may adjust the minimum limits of coverage upward to an amount that
is standard for similar developments.
8.2. Requirements. Any insurance a Party is required under this Agreement to procure
and maintain shall be issued by a responsible insurance company or companies licensed to do
business in the State of California rated A -:VII or better, and shall provide that it may not be
cancelled, terminated, or changed except after thirty (30) days' prior written notice to the other
Parry. The amount of a deductible under any insurance required under this Section shall not
exceed a commercially reasonable amount. Any Party may maintain all or part of the insurance
required under this Section by means of a blanket insurance policy so long as all provisions of
this Section are satisfied. For any insurance required of a Party under this Agreement, the Party
shall deliver to each of the other Parties an endorsement on that Party's insurance that recites in
summary form compliance with all requirements set forth in this Section relating to specific
insurance coverage.
9. Existing Instrument. The Bank and H&D/Halferty acknowledge that the construction of
a building to be used as a supermarket was not commenced on the H&.D/Halferty Property
within ten (10) years from October 29, 1997, the date of recordation of the Existing Instrument.
Therefore, the Bank and H &D /Halferty hereby agree that, concurrently with the recordation of
this Agreement, the Existing Instrument shall be terminated by recordation of the Termination of
Easement.Agreement attached as Exhibit "D" to that certain Agreement Regarding Real Property
by and between the Owner of the H&D/Halferty Property and the Owner of the Bank Property.
10. Arbitration of Disputes. Any controversy or claim arising out of or relating to this
Agreement, or the claimed breach or interpretation thereof, shall be resolved by binding
arbitration, subject to the provisions of this Section 10. The arbitrations shall be conducted by a
single neutral arbitrator who must be either a retired judge or a member of the California State
Bar actively engaged in the practice of real estate law or full -time mediation and arbitration.
Notwithstanding the above, the Owner of the Bank Property may pursue immediate provisional
10
S: IRABOBANKIaabobank- SLO- Reeiproad Eusemenl Agreement -H&D Maymont- Fina{• 11.23- 09.doc r 1
h 1
relief in San Luis Obispo County Superior Court for any Claim relating to the construction
activities of the Owner of the H &D/Halferty Property on the Bank Property, including but not
limited to any unreasonable interference with the operations of the Owner of the Bank Property.
10.1. Limit of Powers. The arbitrator's powers shall be limited as follows: The
arbitrator shall follow the substantive laws of the State of California, and the Rules of Evidence
of California. The arbitrator shall have the power to order specific performance..
I0.2. Fees and Costs. Except for attorney fees that may be awarded under Section 11.4,
the fees and costs to compensate the arbitrator shall be paid equally by the Parties.
10.36 AAA Rules. All arbitrations conducted under this Agreement shall be conducted
in San Luis Obispo County in accordance with the rules of the American Arbitration Association
for Commercial Arbitration. It is not, however, the intention of the Parties that the American
Arbitration Association shall administer the arbitration.
11. MISCELLANEOUS
11.1. EaseLent Conditions. The covenants; restrictions, conditions, and provisions
contained in this Agreement (whether affirmative or negative in nature) (1) are made for the
direct mutual, and reciprocal benefit of each applicable Parcel; (2) shall constitute and be
enforceable as mutual equitable servitudes on each applicable Parcel in favor of every other
applicable Parcel; (3) shall constitute covenants running with the applicable Parcels; (4) shall
bind every person having any fee, leasehold, or other interest in a Parcel, to the extent that the
covenants, restrictions, conditions, or provisions apply to the Parcel; and (5) shall inure to the
benefit of the Parties and their respective successors and assigns.
1.1.2. No Public Rights, Except as otherwise specifically provided in Section 2.2(ii)
above with respect to the Public Driveway Easement Area, nothing contained in this Agreement
shall be deemed to be a gift or dedication of any portion of the Parcels to the general public, for
the general public or for any public purpose whatsoever, it being the intention of the Parties that
this Agreement shall be strictly limited to and for the purposes expressed in this Agreement.
11.3. No Partnership. This Agreement shall not be construed or deemed to create a
relationship of partnership or joint venture among the Parties or between any of them.
11.4. Attorney Fees and Costs. If either Party brings an action with respect this
Agreement,'the prevailing Party in such action shall be awarded such reasonable and actual
attorney's fees, expenses and costs as may be determined by the Court or arbitrator. This
Agreement shall be construed and enforced in accordance with the laws of the State of
California, without regard for any conflict of law or choice of law principles thereof. Except for
matters to be addressed by the arbitrator, any action to enforce the terms of this Agreement, or
arising out of or connected with this Agreement, shall be brought in the Superior Court of San
Luis Obispo County, California, regardless of where else venue may properly lie, The Parties
hereby consent to personal jurisdiction in that Court for the purpose of any dispute relating to
this Agreement.
I1
{ S!IRABOBANK1Rabobank -Sl4)- Rec4rocal Easement Agmment -H&D Maymtme Final -f 1- 2344.doe
11.S. Modification. This Agreement may only be amended or terminated. by a writing
executed by both Parties and recorded in the Official Records.
11.6. Applicability to Tenants. Any Occupancy Agreement entered into after the date
hereof must provide that the terms of such Occupancy Agreement will be subject in all respects
to the provisions of this Agreement. Any Owner who enters into such an agreement will be
responsible for assuring compliance by such Occupant with this Agreement. Notwithstanding
anything to the contrary herein, an Owner hereunder may cause its Occupants to fulfill the
obligations of an Owner hereunder, provided that such Owner will be responsible for assuring
compliance by such Occupant with this Agreement and Owner will remain liable for any breach
of obligation hereunder.
11.7. Lender.:. Protection. Notwithstanding any of the provisions of this Agreement, a
breach of any of the covenants or agreements contained herein shall not defeat or render invalid
the lien of any mortgage or deed of trust made in good faith and for value, but such covenants
shall be binding and effective against any owners of any interests in the real property making up
the Parcels, or any portions thereof, whether acquired by foreclosure, trustee sale or otherwise.
No modification, amendment or termination of this Agreement shall be binding upon or affect
the rights of the holder of any deed of trust holding a deed of trust upon the interest of the Parcels
that is recorded in the Official Records prior to the date any such modification, amendment or
termination is recorded, without the written approval of the holder of such deed of trust.
11.8. Change in Project. The easements being granted by the Bank under this
Agreement are based on the Owner of the H&D/Halferty Property completing the proposed
Village at Broad Street project as set forth in the Development Plan. In the event that the Owner
of the H&D/Halferty Property intends to substantially change the Development Plan in a manner
that is materially detrimental to the use of the Bank Property, the Owner of the H &D/Halferly
Property shall obtain the written consent of the Owner of the Bank Property to proceed with such
changes, which consent shall not be unreasonably withheld, conditioned or delayed, and which
right to consent shall be exercised in commercially reasonable good faith by the Owner of the
Bank Property.
11.9. Exhibits. All exhibits attached to this Agreement are incorporated herein by
reference.
11.10. Joint and Several Obligations. To the extent that there is more than one Owner of
a Parcel, the obligations of that Owner under this Agreement shall be on a joint and several basis.
I l .11. Count r_parts. This Agreement may be executed in one or more counterparts, each
of which shall be a fully binding and enforceable contract and agreement against the party
signing such counterpart, but all such counterparts shall together constitute but one agreement.
Notwithstanding the above, all signatures shall be in original form for recording.
(SIGNATURE PAGES TO FOLLOW]
1L?
S:1RAa0aANK%Rabobank -SL6- Reciprocal Easement Ag,..W.H&D Maymont- Fina6I 1- 23-09.doc /'
• i
IN WITNESS WHEREOF, the parties have executed this Reciprocal Easement
Agreement as of the date fist referenced above.
BANK-
Rabobank, N.A., successor in interest to
MSB Properties, Inc., a California corporation
By:
Mic . e1.E8son
Its: S orYice,Prwident : Properties
and General Services Manager
BY
'Its:
APPROVED AS TO FORM:
Law Offices of Erik B. Michelsen
r
BY,
Erik B. Michelsen, Esq.
_ ! Attorney for Rabobank, N.A.
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE]
13
SARABOBANOUbobank -SLO- Reciprocal Esmmt Agrmmw -HBrD Maym in- irmLl 1- 23 -09.doc
IN WITNESS WHEREOF, the parties have executed_ this Reciprocal Easement
Agreement as of the date first referenced above.
BANK:
Rabobank, N.A., successor in interest to
MSB Properties, Inc., a California corporation
By:
Michael Edson "
Its: Senior Vice President, Properties
�^ and General Services Manager
De rj % Zimmer
Its: EYP /Director of Operations
APPROVED AS TO FORM:
Law Offices of Erik B. Michelsen
By:
Erik B. Hchelsen, Esq.
Attorney for Rabobank, N.A.
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE],
13
S: 1RHHaHANKUtabobank- SL4Reeiprtxtd Fasemrnt Agreenerrt -A &D Mnymont- Finwl- ll- 23A9.doc
IN WITNESS WBEREOF, the parties have executed this Reciprocal Easement.
Agreement as of the date first referenced above.
BANK:
Rabobank, N.A., successor in interest to
MSB Properties, Inc., a California corporation
By:
Michael-Edson
Its: Senior Vice President; Properties
and General Services Manager
By:
Its:
APPROVED AS TO FORM:
Law of r, fEa -S. Michelow
ErflrB "senM4.
Attorney for Rabobank, N.A.
[SIGNATURES CONTINUED ON THE FOLLOWING PAGE]
13
S"ARABOBAWRabobank-SLO-Red
P—IEUP,,M=Agr==I-R&DWm=t-Fmal-ll-2349.doc
R&DALALFFAff
H & D MAYMONT, LLC,
a Delaware limited liability
BY: Hafferty & DeBeikes Reunipn, LLC,
a Delaware limited liability company
Its: Sole Member
By: DeBeikes California Partners, LP,
a California limited partnership
Its: Member
By: DeBeikes Investment Co.,
a Californiac' ti
�9�ja on
Its: General P
'By:
'ch A. DdBeikes, Jr.
Its: Prot' ent
. T�z
By; DeBeikes Investment Co.,
a California tion
Its: Member
By:
chard A. begeikes, Jr: r
Its: Ftttiatnt
HALFERTY, DEVEW90tENT COMPANY, LLC,
a Delaware limited liability company
By:
James L. it fferty
Its; Sole Member
0
14
SARABOBANK1Rabobmk-SLO-Reciprocel Easement Agreemcni-N&Dh%ymcni-FinW-11-23-09.doc
H &D/HALFEiiTY:
H & D MAYMONT, LLC,
a Delaware limited liability
By. Hal&Tty & DeBeikes Reunion, LLC,
a Delaware limited liability company
Its: Sole Member
By: . DeBeikes California Partners,-LP,
a California limited partnership
Its: Member
By. . DeBeikes Investment Co.,
a California corporation
Its: General Partner
By.
Richard A. DeBetices, Jr:
Its: President
By: DeBeikes Investment Co.,
a California corporation
Its: Member
By:
Richard A. DeBeikes, Jr.
Its: President
HALFERTY DEVELOPMENT COMPANY, LLC,
a.Delaware limited liability com y
James L. Halferty
_ �; Sole Member
14
S:\RABOBANK\Rabobaok -SLO- Reciprocal Eaacment Agmanent -H &D Mayn=f -FinaW 1,23- 09.doe
1
ACKNOWLEDGEMENT
State of California `)
County of
On, ZQW before me, Iy \h4ER ..1 Fu Notary
Public, personally. appeared _ who proved to me on
the basis of satisfactory evidence to be the porsflA(s'j vy nam6� is /ate subscribed to the
within instrument and acknowledged to me that heWw4boy executed the same in hWhef/thcir-
authorized capacity(J4 and that by his /kerAheir signaturewon the instrument the persov,(d), or
the entity upon behalf of which the personWacted, 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. CABBIE MARIE YEE
COVIL / 1164305
WITNESS my hand and official seal. ' AaGn1Ea coua°n1°'�" N
yr Caw. UP. AN, 28. 7011 i
ACKNOWLEDGEMENT
State of California
County of-
On V, kW 2u ZJD09— before me, I Vj � Notary
Public, personally appeared P_P4=^ 5 . 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.
/State of California that
I certify under ENALTY OF PERJURY under the laws of the W ,
the foregoing para . ph true and correct. nrllu N r 1657132
arl ►
Pd ft - Camornia
WITNESS and official seal. w cou y 2013
q
Signature
ACKNOWLEDGEMENT
S-U ASOHANKIaebobenk- SLO- Rccip=al Ea=nrnt Agmement -H&D Maymont- Final -I 1,13-09.doc
(Seal)
}
i
J. NM
Ctulydaaton / 1557132
Ibtary PWW - Conforms }
Aiwn ft county ice.,•
VIV con%R urn 2013.~
ACKNOWLEDGEMENT
State of California )
County of .' %N t4ib NO
i
On %W2obt -c 'ay ' Zt A before me, 13. �RQ� NtAt W 4�CS . Notary
Public, personally appeared Z- V' who proved to me on
the basis of satisfactory evidence to be the person(s whose name(s )05are subscri o the
within instrument and acknowledged to a that h sh ey executed the same in heir
authorized capacity(ies), and that by hi - eir signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument. .
1 certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing.pamgraph is true and correct.
WITNESS my hand and official seal.
ACKNOWLEDGEMENT
State of California )
County of 1
(Seal)
N. rillf►f- LENE WEEKS :-
OMM.0020276 .. '
HDTARYPUBUC- IMIFORMA
5AN'1 UI5- SPO C011MIY
Y} Comm.�t'.ipfrn.G�a�o► i, 2009''.
On before me, ; Notary
Public, personally appeared - who proved to me on
the basis of satisfactory evidence to be the person(s) whose names) Ware subscribed to the
within instrument and acknowledged to me that helshe/they executed the same in his/herhheir
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.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGEMENT
S:UtABOBA4K1Rabobank -SLO- Reciprocal Fa==i Agmemm -H &D MaymorA- Final- 11- 23- 09.doc
(Seal)
ACKNOWLEDGEMENT
State of California }
County of
On Nmambt-r== before me _ e—
\kp.4c%s Notary
Public, personally appeared red
who proved to me on
the basis of satisfactory evidence to be the person(d) whose name G are subsc ' ed to the
within instrument and acknowledged to me thatQR�he/they executed the same i� is erhheir
authorized capacity(yesl,"and that by is erttheir stgnature(pron the instrument the persopM, or
the entity upon behalf of which the personky acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that
the foregoing paragraph is true and correct.
J�NtNFM L. NEYEb.. .
WITNESS my hand and official seal. R bit 10'*2*3
M.owt► Piero -. CiIMa+�i�
..:12.13
Signatu
ACKNOWLEDGEMENT
State of California )
County of )
On, before me, Notary
Public, personally appeared 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/herAbeir
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.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGEMENT
S:\ RABOBANK\Rabobank- SLO- Redprocal Easement Agrcemm -H&D Maymom- final -I 1- 23 -09.doc
(Seal)
_1
�r )
•
State of California
County of f t.-
ACKNOWLEDGEMENT
On '1'- befQ m _.. ;.: - Notary
Public, personally appeared who proved to me on
the basis of satisfactory evidence to be the person(s) whose names) is /are subscribed to the
within instrument and acknowledged to me that he/she /they executed the some in his/her/their
authorized capacity(ies), and that by his/her/theit 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.
Si.gt, (Seal)
t�o�t>rs
60 .0 1631183, ;
y:p�bfo
�arro:.t
ACKNOWLEDGEMENT
State of California )
County of )
On before me, , Notary
Public, personally appeared 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.
WITNESS my hand and official seal.
Signature (Seal)
ACKNOWLEDGEMENT
S:UUBOBANKUtabobmik -SLO. Reciprocal Easement Agreement -H &D Maymont- Final -1 1- 23.09.dce
EXHIBIT
PAGE 1
SITE PLAN
71E IRLAOF AT aW SMET
MXPWOY POWYA Y AM
PAqAWG fASrMWI AWA PARMS 1' 2.& .4 S.
to 04= tee
TY, -7�
Wen i
AIRIOnO
%
�77
SCALE. • 1'--I20'
See page immediately
following this page
for legal description
of Triangular Parking
Easement Area
Mr-
J
TRIANGULAR PARING EASEMENT AREA
Legal Description
That portion of Parcel 3 of Parcel Map SLO 04-160, in the City of San Luis Obispo, County of
San Luis Obispo, Califomia, according to the map filed in Book 68 of Parcel Maps, Pages 69-70
in the office of the County Recorder of said County, lying within a strip of land 28.00 feet wide,
the.centerline of which is described as follows:
Commencing at the most southerly corner of said Parcel 3; thence
1, Along the southeasterly line of said Parcel I North 53054'S4" West 428.53 fact to the
TRUE POINT OF BEGINNING; thence
2. Leaving said southeasterly line North 69*23'33" East 15.48 feet to a-curve concave to the
south having a radius of 7150 feet; thence
3. Northeasterly, easterly and southeasterly along said curve an arc distance of 72.73 fed
through a central angle of 56'41'33"; thence
4. South 53 °54'54" East 24.97 feet to a curve concave to the northeast having a radius of
3550 feet; thence
5. Southeasterly and easterly along said curve an m distance of 18.62 feet through a central
angle of 30r03'21", thence
6. South 83*58'15" East 12.97 feet; thence
7. North 06128'17" West 3.13 fed; thence
8. North 83 *31'43" East 22.00 feet; thence
9. North 06028'17" West 8.13 feet; thence
.10. North 83 °31'43" East 53.13 feet to the northeasterly 6e of said Parcel 3.
I
End Description
EXHIBIT
PAGE 2
T'IPVPT.OIDM-PMT PT AM
EXHIBIT A-1
BANK PROPERTY
Legal Ilesmiptlon
Parcel A of Parcel Map SLO 80-174, in the City of San Luis Obispo. County of San Luis
Obispo, California,-according to the map filed in Book 32 of Parcel Map, Page 35 in the office
of the County Recorder of said County.
EMMIT A -2
THE VILLAGE AT BROAD STREET PROPERTY
Legal Description
Parcels 1, 2 & 3 of Parcel Map SLO 04 -160, in the City of San Luis Obisp% County of San Luis
Obispo, Califomia, according to the map filed in Book 68 of Parcel Maps, Pages 69 -70 in the
office of the County Recorder of said County,
EXHIBIT A-3
LINE OF SIGHT EASEMENT AREA
Legal Description
That portion of Parcel i of Parcel Map SLO 04 -160, in the City of San Luis Obispo, County of
San Luis Obispo, California, according to the map filed in Book 68 of Parcel Maps, Pages 69-70
in the office of the County Recorder of said_ County, described as follows:
BEGINNING at the most southerly corner of said Parcel 1, marked by a brass tag stamped "IS
7065" set in concrete as shown on said map; thence
1. Along the southwest linezf. said Parcel 1, North 33150'57" West 14.99 feet; thence
2. Continuing along said southwest linei North 32°31'35" West 80.01 feet; thence
3. Leaving said southwest line, North 57°28'25" East 24.00 feet; thence
4. South 65 955'55" East 113.86 feet to the southeast line of" Parcel 1; thence
5. Along said southeast line South 57°30'.21" West 86.34 feet to the POINT OF BEGINNING.
The above - described parcel is graphically shown on Exhibit A -313 attached hereto and mode a
part hereof.
End Description
EXHTBIT A -3E
LINE OF SIGHT EASEMENT AREA
ALAJ(040. ST
SCALE.' I. =120'
AD
PARCEL 2
. • XZ �...
M WJA&F AT MW SIRE 7
PARCELS 1 2 & 20 04 -16O;
.._ -FARCE! .J •. � _._ -. _•.J
N.
1 ^.
1 .. .r
1'
t`"il
EXHIBIT A4
DRIVEWAY EASEMENT AREA- BANK PROPERTY
Legal Description
That portion of Parcel A of Parcel Map SLO 80 -174, in the City of San Luis Obispo, County of
San Luis Obispo, California, according to the map filed in Book 32 of Parcel Maps, Page 35 in
the office of the County Recorder of said County, lying within the land described as follows:
Commencing at the most southerly corner of Parcel 1 of Parcel Map SLO 04-160, according to
the map filed in Book 68 of Parcel Maps, Pages 69-70 in the office of the County Recorder of
said County, marked by a brass tag stamped "LS 706Y' set in concrete as shown on said map;
thence
1.
Along the southwest line of said Parcel 1,. North 33 050'57" West 6.50 feet to a line parallel
with and 6.50 feet northwest of the southeast line of said Panel 1, said point being the TRUE
POINT OF BEGINNING; thence
2.
Along said parallel line, North 57°30'21" East 225.80 feet to the beginning of a curve
concave to the south having a radius of 20.00 feet; thence
3.
Easterly along said curve an arc distance of 27.96 feet through a central angle of 80°05'24" to
the beginning of a reverse curve concave to the northeast having a radius of 284.00 feet, a
radial through said beginning of reverse curve bears South 47°35'45" West; thence
4.
Southeasterly along said curve an arc distance of 62.90 feet though a central angle of
12°41'21'; thence
- 5.
South 55°05'36" East 81.89 feet to the southeast line of said Parcel A; thence
6.
Northeasterly along said southeast line to a line parallel with and 28.00 feet northeast of
Course No. 5 herein described; thence
7.
Along said parallel line, North 55'05'36" West 98.08 feet to a curve parallel with and 28.00
feet northeast of Course No. 4 herein described and concave.to the northeast having a radius
of 256.00 feet; thence
8.
Northwesterly along said curve an arc distance of 90.15 feet though a central angle of
20°10'37" to a line parallel with and 21.50 feet northwest of Course No. 2 herein described;
thence
9.
Along said parallel line South 57°30'21" West 269.70 feet. to the southwest line of said
Parcel 1; thence
10. Along said southwest line South 32°31'35" East 13.01 feet and South 33 °50'5T' East 8.49
feet to the TRUE POW OF BEGINNING.
The above - described parcel is graphically shown on Exhibit A-4E attached hereto and trade a
part hereof.
End Description
EXHIBITA-4E
DRIVEWAY EASEMENT AREA- BANK PROPERTY
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EXHIBIT A -5
DRIVEWAY EASEMENT AREA - THE VILLAGE AT BROAD STREET PROPERTY
Legal Description
That portion of Parcel 1 of Parcel Map SLO 04 -160, in the City of San Luis Obispo, County of
San Luis Obispo, California, according to the map filed in Book 68 of Parcel Maps, Pages 69 -70
in the office of the County Recorder of said County, lying within the land described.as follows:
Commencing at the most southerly corner of said Parcel 1, marked by a brass tag stamped "LS
7065" set in concrete as shown on said map; thence
L Along the southwest line of said Parcel 1, North 33050'57" West 6.50 feet to a line parallel
with and 6.50 feet northwest of the southeast line of said Parcel 1, said point beingthe TRUE
POINT OF BEGINNING; thence
2. Along said parallel line, North 57030'21" East 225.80 feet to the beginning of a curve
concave to the south having a radius of 20.00 feet thence
3. Easterly along said curve an distance of 27.96 feet through a central angle of 80°05'24" to
the beginning of a reverse carve concave to the northeast having a radius of 284.00 feet, a
radial through said beginning of reverse curve bears South 47035'45" West; thence
4. Southeasterly along said curve an arc distance of 62.90 feet though a central angle of
12 °41'21 ";thence
5.. South 55 °05'36" East 81.89 feet to the southeast line of said Parcel A; thence
6. Northeasterly along said southeast line to a line parallel with and 28.00 feet northeast of
Course No. 5 herein described; thence
7. Along said parallel line, North 55°05'36' West 98.08 feet to a curve parallel with and 28.00
feet northeast of Course No. 4 herein described and concave to the northeast having a radius
of 256.00 feet; thence
8. Northwesterly along said curve an arc distance of 90.15 feet though a central angle of
20°10'37" to a line parallel with and 2150 feet northwest of Course No. 2 herein described;
thence
9. Along said parallel line South 57030'21" West 269.70 feet to the southwest line of said
Parcel 1; thence,
10. Along said southwest line South 32 °31'35" Bast .13.01 feet and South 33 °50'5T' East 8.49
feet to the TRUE POINT OF BEGINNING.
The above- described parcel.is graphically shown on Exhibit.A -5E attached hereto and made a
part hereof.
End Description
.71
EXHIBITA-5E
DRIVEWAY BASEMENT AREA- THE VILLAGE AT BROAD STREET PROPERTY
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EXHIBIT A -6
BANK PROPERTY PARKING EASEMENT AREA
Legal Description
That portion of Parcel A of Parcel Map SLO 80 -174, in the City of San Luis Obispo, County of
San Luis Obispo, California, according to the map filed in Book 32 of Parcel Maps, Page 35 in
the office of the County Recorder of said County, described as follows:
Commencing at the most southerly comer of Parcel 1 of Parcel Map S1.0 04 -160, according to
the map filed in Book 68 of Parcel Maps, Pages 69 -70 in the office of the County Recorder of
said County, marked by a brass tag stamped "LS 7065" set in concrete as shown on said map;
thence
1.
Along the southwest line of said Parcel 1, North 33050'5T' West 6.50 feet to a line parallel
with and 6.50 feet northwest of the southeast line of said Parcel 1, thence
2.
Along said parallel line, North 57030'21" East 225.80 feet to the beginning of a curve
concave to the south having a radius of 20.00 feet; thence
3.
Easterly along said curve an arc distance of 27.96 feet through a central angle of 80005'24" to
the beginning of a reverse curve concave to the northeast having a.radius of 284.00 feet, a
radial through said beginning of reverse curve bears South 47°35'45" West; thence
4.
Southeasterly along said curve an arc distance of 62.90 felt though a.central angle of
12°41'21'; thence,
5.
South 55'05'36" "East 81.89 feet to the southeast line of said Parcel A; thence
6.
Northeasterly along said southeast line to a line parallel with and 28.00 feet northeast of
Course No. 5 herein described and the TRUE POINT OF BEGINNING; thence
7.
Along said parallel line, North 55 °05'36" West 98.08 feet to a curve parallel with and 28.00
feet northeast of Course No. 4 herein described and concave to the northeast having a radius
of 256.00 feet; thence
8.
Northwesterly along said curve an arc distance of 62.00 feet though a central angle of
13 °52'39" to the northwest line of said Parcel A; thence
9.
Along said northwest line North 57°30'21" East 9.48 feet to the most northerly comer of
said Parcel A; thence
10.
Along the northeast line of said Parcel A South 53 °54'54" East 189.81 feet to the most
easterly corner of said Parcel A; thence
11.
Westerly along the southeast line of said Parcel A to the TRUE POINT OF BEGINNING.
The above - described parcel is graphically shown on Exhibit A -6E attached hereto and made a
part hereof.
End Description
EXHIBIT A-613
BANK PROPERTY PARKING EASEMENT AREA
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PARM 2
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PARCR 5 1, 2 -q 0 04 160
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EXHIBIT A -7
TM VILLAGE AT BROAD STREET PROPERTY PARKING EASEMENT AREA
Legal Description
That portion of Parcel 1 of-Parcel Map SLO 04 -160, in the City of San Luis Obispo, County of
San Luis Obispo, California, according to the map filed in Book 66 of Parcel Maps, Pages 69 -70
in the office of the County Recorder of said County, described as follows:
Beginning at the most southerly comer of said Parcel 1, marked by a brass tag stamped'7.S
7065" set in concrete as shown on said map; thence
1. Along the southwest line of said Parcel 1, North 33 °50'57" West 6.50 feet to a line parallel
with and 6.50 feet northwest of the southeast line of said Parcel 1; thence
2. Along said parallel line, North 57130'21" East 225.80 feet to a curve concave to the south
having a radius of 20.00 feet; thence
3. Easterly along said curve an arc distance of 16.60 feet through a central.angle of 47 132'45' to
the southeast line of said Parcel 1; thence
4. Along said southeast line South 57°30'21" West 240.41 feet to the Point of Beginning.
The above- described parcel is graphically shown on Exhibit A -7E attached hereto and wade a
part hereof,
End Description
EXHIBITA-7E
TIT E VTl-LACj F AT BROAD STREM.-T PROPERTY PARKING r:v-\SB-Jr,, NIT AREA
-.PARCft 2-
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Sa4tf-• 1'--120'
EXHIBIT A -8
PUBLIC DRIVEWAY EASEMENT AREA
Legs! Description
That portion of Parcels 1 dt 3 of Parcel Map SLO 04-16D, in the, City of San Luis Obispo,
County of San Luis Obispo, California, according to the map filed in.Book 68 of Parcel Maps,
Pages 69 -70 and Parcel A of Parcel Map SLO 80 -174, in the City of San Luis Obispo, County of
San Luis Obispo, California, according to the map filed in.Book 32 of Parcel Maps, Page 35 in
the office of the County Recorder of said County, lying within a strip of laud 28.00 feet wide, the
centerline of which is described as follows:
Commencing at the most southerly corner of said Parcel 1, marked by a brass tag stamped "LS
7065" set in concrete as shown on said map; thence
1. Along the southwest line of said Parcel 1, North 33 050'57" West 6.50 feet to aline parallel
with and 6.50 feet northwest of the southeast line of said Parcel 1; thence
2. Along said parallel line, North 57°30'21" East 225.80 feet to the beginning of a curve
concave to the south having a radius of 20.00 feet-, thence
3. Easterly along said curve an arc distance of 27.% feet through a central angle of 80°05'24" to
the beginning of a reverse curve concave to the northeast having a radius of 284,00 feet, a
radial through said beginning of reverse curve bears South 47°35'45" West; thence
4. Southeasterly along said curve an arc distance of 62.90 feet though a central angle of
12 °41'21'; thence
5. South 55 °05'36" East 81.89 feet to the southeast line of said Parcel A; thence
6. Northeasterly along said southeast line to a line parallel with and 14.00 feet northeast of
Course No. '5 herein described, said point being the TRUE POINT OF BEGINNING; thence
7. Along said parallel tine, North 55°05'36" West 86.91 feet to a curve parallel with and 14.00
feet northeast of Course No. 4 herein described and concave to the northeast having a radius
of 270.00 feet; thence
8. Northwesterly and northerly along said curve an arc distance of 259.44 feet though a central
angle of 55003'21 "; thence
9. Along said parallel line North 00°02' 15" West 17.13 feet to the north line of said Parcel 1.
The sidelines of said 28 foot strip of land to be extended or shortened to meet at angle points and
to terminate at the north line of said Parcel l and southeast line of said Parcel A.
The above - described parcel is graphically shown on Exhibit A -SE attached hereto and made a
part hereof..
End. Description
EXHIBIT A-8E
PUBLIC DRIVEWAY EASEMENT AREA
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SCALE- 1"--120'
EXHIBIT A -9
TEMPORARY CONSTRUCTION.EASEMENT -BANK PROPERTY
Legal Description
All that portion of Parcel A of Parcel Map SLO 80 -174, in the City of San Luis Obispo, County
of San Luis Obispo, California, according to the map filed in Book 32 of Parcel Maps, Page 35
in the office of the County Recorder of said County, lying northwesterly, northerly and
northeasterly of the following described line:
Commencing at the most westerly corner of said Parcel A, being also the most southerly corner
of Parcel 1 of Parcel Map SLO 04 -160, according to the map filed in Book 68 of Parcel Maps,
Pages 69 -70 in the office of the County Recorder of said County, and marked by a brass tag
stamped "LS 7065" set in concrete as shown on said map; thence
1. Along the "southwest line of said Parcel A, South 33 050'57" West 25.01 feet to aline parallel
with and 25.00 feet southeast of the northwest line of said Parcel A, said point being the
TRUE POINT OF BEGINNING; thence
2. Along said parallel line, North 57 030'21" East 237.06 feet to a line parallel with and 50.00
feet southwest of the northeast line of said Parcel A; thence
3. Along said parallel line, South 53 954'54" East 132.57 feet to the southeast line of said Parcel
A.
The above - described parcel is graphically shown on Exhibit A =9E attached hereto and made a
part hereof.
End Description
EXHIBITA-9E
TEMPORARY CONSTRUCTION EASEMENT-BANK PROPERTY
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SCALE. 14=120,
CONSENT OF BENEFICIARY
AND SUBORDINATION OF LIEN
The undersigned, Beneficiary under that certain Deed of Trust recorded January
26, 2007 as Document No. 2007005608, of Official Records of San Luis Obispo County,
California, in the original principal sum of $3,885,000.00, hereby consents to the
provisions contained in the attached Reciprocal Easement Agreement, and agrees that the
lien of the Deed(s) of Trust above mentioned shall be junior and subordinate and subject
to said Reciprocal Easement. Agreement.
BENEFICIARY:
FOUNDERS COMMUNITY BANK
By, - r
Nebae Kee, Authorized Officer
STATE OF CALIFORNIA
COUNTY OF
On %lid l/. —, Z IV `� , before me, L . I ..,f 6,e,TkArt (A , a
Notary Public, personally appeared
m I e N/9EL. K�— — , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) Ware 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.
WITNESS my hand and official seal L, a. sERrn�ND
CommlSSion # fAl726�
w. Notary Public - California z
San Luis Obispo County
M .Comm. Ex Tres Sep 1.6, 20.13
Signature
END OF DOCl1MNENT