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HomeMy WebLinkAboutD-1991 783 Alphonso Street & 780 Woodbridge 004-846-010 & 004-846-025 Real Property Agreement Recorded 12-16-2014RECORDI S G REQUESTED BY: FIRST .�IERIC_k TITLE CO�W.k NY RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 4783480 -DMS JULIE RQDEWALD San Luis Obispo County— Clerk/Recorder Recorded at the request of First American Title Company As 12/16/2014 8:00 AM D 0 C -# : 2014053178 Titles: 1 Pages: 10 Fees 0.00 Taxes 0.00 Others _0.00 PAID $0.00 Exempt from Recording Fees - Public agency — Gov. Code § 6103 AGREEMENT AFFECTING REAL PROPERTY This Agreement Affecting Real Property ( "Agreement ") is made this 16 day of December, 2014 (the "Effective Date "), by and between San Luis Garbage Company, a California corporation ( "SLGC ") and the City of San Luis Obispo, a municipal corporation and Charter City (hereinafter referred to as "CITY "). RF.0 TTAT.c WHEREAS, SLGC owns certain real property located at 783 Alphonso and 780 Woodbridge, San Luis Obispo, CA (the "Property ") and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; WHEREAS, pursuant to the terms and conditions set forth in that certain document entitled Agreement of Purchase and Sale - Easement - Victoria Avenue Right of Way executed on No,►e m by W , 2014 between SLGC and CITY, SLGC has offered to CITY a public right of way (the "Offer of Dedication ") through a portion of the Property (the "Right of Way ") as described in Exhibit `13-1" and depicted in Exhibit "13-2" both of which are attached hereto and incorporated herein by this reference; WHEREAS, the Offer of Dedication was recorded in the Official Records of San Luis Obispo County on CONCURRENTLY .2014 as Document No.: HEREWITH ;and WHEREAS, by this Agreement SLGC and CITY wish to set forth the terms and conditions regarding the removal of any structures or improvements located within the Right of Way area and to establish terms and conditions regarding liability for any environmental claims. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, SLGC and CITY agree as follows: 1. Recitals. The above recitals are true and correct and incorporated herein by this reference. 1 (00063936.DOC.2) AkCAge 2. Removal of Encroachments and Remediation. Except as provided herein, no later than one hundred eighty (180) days after written notice to SLGC by CITY, SLGC shall, at SLGC's sole cost and expense, completely remove to CITY's reasonable satisfaction any and all encroachments and improvements located within the Right of Way, but only to the extent such encroachments or improvements are located on the Property or any adjacent property owned by SLGC. Prior to CITY's acceptance of the Offer of Dedication, CITY shall have the right at reasonable hours and upon reasonable prior written notice, to enter the Property in order to conduct a phase II environmental assessment of the Right of Way area. The parties acknowledge and agree that CITY's right to conduct a phase II environmental assessment is at the option of CITY, the purpose of which is to determine, if necessary, if any Hazardous Materials (defined below) exist within the Right of Way. In the event that such environmental assessment determines that (i) any Hazardous Materials exist within the Right of Way which were released or migrated within the Right of Way after the Effective Date and before CITY's acceptance of the Offer of Dedication, and (ii) such release or migration was caused by the negligent or willful acts or omissions of SLGC, then upon written demand by CITY, SLGC agrees to take any and all actions necessary to remediate the Property in and around the Right of Way to all applicable state and federal standards, but only to the extent such remediation was necessitated by the negligent or willful acts or omissions of SLGC. SLGC agrees to diligently prosecute such clean -up work without interruption or delay. CITY agrees that in the event SLGC is required to perform any remediation as set forth herein, the one hundred eighty (180) day deadline stated above shall be automatically extended for such reasonable amount of time to allow SLGC to perform such remediation work. For purposes of this Agreement, the term Hazardous Materials shall mean any substance or material, which because of its status as a waste, or its quantity, concentration or physical or chemical characteristics, is at any time now or hereafter deemed by any federal, state or local governmental authority to pose a present or potential hazard or threat to public health, welfare or the environment, or which is regulated based on such potentially hazardous effects. The term "hazardous materials" includes, without limitation, any material or substance defined as a "hazardous" or "toxic" substance or "waste," and any pollutant or contaminant regulated under the federal or California Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended ( "CERCLA ") (42 U.S.C. Sections 9601 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. Sections 6901 et seq.), or pursuant to Section 25316 et seq. of the California Health and Safety Code; any material listed pursuant to Section 25140 et seq. of the California Health and Safety Code; any man -made asbestos and asbestos containing materials, and any petroleum, including, without limitation, crude oil or any fraction thereof, natural gas or natural gas liquids. 3. Failure to Remove Building or Remediate the Property. If SLGC fails to (i) remove any encroachments or improvements to CITY's reasonable satisfaction pursuant to, and within the deadlines set forth in, Section 2 above, or (ii) if SLGC fails to timely remediate the Property upon written demand by CITY pursuant to Section 2 above, then CITY may, at CITY's option, elect to take the steps necessary to remove the encroachments or improvements or to remediate the Property at SLGI's sole cost and expense. For these 2 {00063936.DOC.2} purposes, CITY may perform such work, as it considers reasonably necessary and proper to remove the encroachment or improvements or remediate the Property to all local, state and federal standards. The CITY may act either through its own employees or through an independent contractor. SLGC, and its successors and assigns hereby irrevocably consent and hereby permit the CITY to enter the Property and any adjacent property owned by SLGC in order for CITY to remove any or all encroachments or improvements located within the Right of Way or to remediate the Property as provided in this Agreement. Such consent to entry however, shall automatically terminate upon CITY's acceptance of the Offer of Dedication. 4. CITY's Costs of Removal a Lien. If the CITY incurs costs in (i) removing any encroachments or improvements within the Right of Way; or (ii) remediating the Property pursuant to Section 3 above, the CITY shall make a written demand upon SLGC for payment. If SLGC fails to pay the costs incurred by the CITY within thirty (30) days of the date demand is made, the CITY may make the costs a lien upon the Property by recording a notice that it has incurred expenses under the terms of this Agreement with the San Luis Obispo County Recorder. The notice shall state the facts that the CITY has incurred the costs under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid and draws interest at the rate of ten percent (10 %) per year until paid. 5. Additional Remedies. The CITY may as an alternative to the lien procedure set forth in Section 4 above bring legal action to collect the sums due as the result of the making of expenditures for removal of any encroachments within the Right of Way or from remediating the Property as authorized herein. 6. Termination. Except as provided herein, this Agreement shall automatically terminate and be of no further force and effect upon City's acceptance of the Offer of Dedication. Furthermore, in the event CITY fails to approve in writing the transfer of the Property by SLGC to a third party as provided in Section 10 below, for any reason or no reason whatsoever, then this Agreement shall automatically terminate and be of no further force and effect, and SLGC shall be released from any and all obligations and liability as set forth in this Agreement (including, without limitation, those contained in Sections 2, 3 and 7). It is the express intent of CITY and SLGC that the foregoing sentence be personal to SLGC and that any successors in interest to the Property shall be bound to the terms and conditions hereof. 7. Indemnity. Except as provided herein, from and after the date of CITY's acceptance of the Offer of Dedication, SLGC shall protect, indemnify, defend and hold CITY, its officials, employees and agents, harmless from and against any and all liabilities, liens, claims, demands, costs, penalties, remediation obligations and expenses, of any kind or nature related to SLGC's use of the Property, including, but not limited to, any environmental liability related to any Hazardous Materials within the Right of Way (i) which were released or migrated within the Right of Way after the Effective Date and before CITY's acceptance of the Offer of Dedication. Notwithstanding the foregoing, SLGC shall have no obligation to indemnify or defend CITY for any liabilities, liens, 3 {00063936. DOC.2} claims, demands, costs, penalties, remediation obligations and expenses, which arise from the CITY's gross negligence or willful misconduct. 8. Notices. Notice given by each party to this Agreement shall be given to the other party at the address shown below: If to CITY: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 With copy to: City of San Luis Obispo Attn: City Attorney 990 Palm Street San Luis Obispo, CA 93401 If to SLGC: San Luis Garbage Company 4388 Old Santa Fe Rd. San Luis Obispo, CA 93401 Attention: District Manager With a copy to: Waste Connections, Inc. 3 Waterway Square Place, Suite 110 The Woodlands, Texas 77380 Attention: Vice President, Deputy General Counsel Notice to SLGC shall be considered to have been given when sent to the address stated above. 9. Warranty. SLGC hereby represents and warrants to CITY that as of the Effective Date of this Agreement, it is the lawful owner of the Property. 10. Binding on Successors and Assigns. This Agreement and each and every term hereof, shall be binding upon the successors and assigns of SLGC and shall run with the land. CITY agrees that in the event SLGC transfers the Property to a third party approved by CITY in writing, then, with the exception of Section 9 above, upon such transfer, SLGC shall be released from any and all obligations and liability as set forth in this Agreement (including, without limitation, those contained in Sections 2, 3 and 7). Nothing herein (including City's approval of a third party) shall act or be construed as a waiver or release 4 {00063936.DOC.2} as to any successor in interest in the Property. It is the express intent of CITY and SLGC to obligate all successors in interest to the Property to the terms and conditions hereof. 11. Attorney's Fees. In the event of legal action to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover their costs, including reasonable attorney's fees. 12. Severability. If any provision of this Agreement is deemed invalid, the remaining provisions of it are not affected. IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date above. CITY OF SAN LUIS OBISPO By: Jan rx Ma di Attest: 1Cl- 5 on Nieji Cit, Cierk Approved as to Form: J. bCgtine Dietrick C' y Attorney 5 {00063936.DOC.2} SAN LUIS GARBAGE COMPANY By: Its: CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of,,.-,, 1,4"L s 0 b I s)0 a I On e4ci_ (b 20 ut. before me, e-h. �7 v 1, Le 2 No Dat4 Here In erl Nwhe arid Tile bf the Officer personally appeared - °-,,I Ji,li'tr Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they Signer Is Representing, I Signer Is Representing executed the salve in his /her /their authorized capacity(ies), ELIZABETH F, G@IYZALEZ and that by his /her /their signature(s) on the instrument the Commission #t 2081475 person(s), or the entity upon behalf of which the person(s) NOtsry Public - California Z acted, executed the instrument. San Luis Obispo County 10 and could prevent fraudulent removal and reattachment of this form to another document. Comm. Ex Tres Oct 10.2018 1 certify under PENALTY OF PERJURY under the laws of Title or Type of Document: the State of California that the foregoing paragraph is true Document Date: and correct. Signer Is Representing, I Signer Is Representing Witness my hand and official seal. Signature T c Place Notary Seal Above Signature of Notary 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate OfficerTitle(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact El Trustee ❑ Trustee ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here I ❑ Other: ❑ Other: Signer Is Representing, I Signer Is Representing CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of On 11— OA 7-n I before me, _ _1PhMAA,0,M Me personally appeared f �1ANTMD MUP'f MJ A COMMON 0 2MIS MNSty Fwft . cow" Los'&Wm County my Gamin. ExPirtl AM 10, 2017 the Name(s) of CIVIL CODE § 1189 who proved to me on the basis of satlsf§ktory evidence to be the personlf,6f whose name0)tj subscribed to the thin instrument and acknowledged to me that sh`e executed the same in h' er ti' authorized capacity and that by erjlel`r sigraature(sj an the instrument the personos , or the entity upon behalf of which the personfs'j 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 h nd and official seal. Signature• Place Notary Seal Above nature of I'Ic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer -- Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing:. © 2012 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -6827) Item #5907 Order Number: 4009- 4783480 Exhibit "A" LEGAL DESCRIPTION Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: (Parcel 1 of SLO AL 14 -0055 - Doc. #2014- 051592) Parcel 1 of Lot Line Adjustment SLO AL #14 -0054 in the City of San Luis Obispo, County of San Luis Obispo, State of California as described in Agreement Declaration of Lot Line Adjustment recorded November 12, 2014 as Doc. No. 2014- 047992 of Official Records in the office of the County Recorder of said County, being more particularly described as follows: That property described in Certificate of Compliance recorded January 15, 2014 as Doc. No. 2014001870 in the office of the County Recorder of San Luis Obispo County, being Lots 13 and 14 in Block 2 of the Imperial Addition, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map thereof recorded December 21, 1891 in Book A, Page 128 of Maps in the office of the County Recorder of said County. TOGETHER WITH that property described in Certificate of Compliance recorded January 15, 2014 as Doc. No. 2014001866 in the office of the County Recorder of San Luis Obispo County, being a portion of the "Pacific Coast Railroad Company's Right of Way ", in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map of the Haskin Tract, according to map thereof recorded in Book A, Page 127 of Maps in the office of the County Recorder of said County, bounded as follows: Bounded northeasterly by the northeasterly line of said railroad right of way; Bounded northwesterly by the northeasterly prolongation of the centerline of Alphonso Street, as shown on map of the Imperial Addition recorded in Book A, Page 128 of Maps, in the office of the County recorder of said County; Bounded southwesterly by the southwesterly line of said railroad right of way; Bounded southeasterly by the northeasterly prolongation of the northwesterly line of Lot 1 in Block 15 of said Imperial Addition. EXCEPT THEREFROM those portions of said "Pacific Coast Railroad Company's Right of Way" and said Lot 14 lying northeasterly of a boundary line which is 20.00 feet northeasterly, measured at right angles from the following described traverse line: Commencing at a point in the center line of Victoria Avenue, 60.00 feet wide per said map of Imperial Addition, distant South 32 030'00" East 10.72 feet from the point of intersection of the center line of said Victoria Avenue with the center line of Woodbridge Street (formerly Alexander Avenue), 60.00 feet wide per said map of Imperial Addition, said point being the beginning of a tangent 200.00 foot radius curve, concave northeasterly; thence northwesterly along said curve through a central angle of 11 044'51 ", an arc length of 41.00 feet to a point on the southeasterly line of said Block 2 and northwesterly right of way line of said Woodbridge Street, being the TRUE POINT OF BEGINNING; thence continuing northwesterly along said curve through a central angle of 9 03942" and an arc length of 33.73 feet, more or less, to a point of reverse curvature at the beginning of a tangent 200.00 foot radius curve, concave southwesterly; thence northwesterly along said curve through a central angle of 42 04633" and an arc length of 149.32 feet, more or less, to a point on a tangent line, said line being parallel with and distant 20.00 feet southwesterly, measured at right angles, from the northeasterly line of said "Pacific Coast Railroad Company's Right of Way "; thence along said parallel line, North 53 052'00" West 141.57 feet to the northeasterly prolongation of the center line of Alphonso Street, 60.00 feet wide per said map of Imperial Addition. Said boundary line which is 20.00 feet northeasterly from said traverse line, to be lengthened or shortened to terminate on said northeasterly prolongation of said center line of Alphonso Street and said northwesterly right of way line of Woodbridge Street. First American Tit /e Order Number: 4009- 4783480 TOGETHER WITH Lot 15 in Block 2 of the Imperial Addition, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map thereof recorded December 21, 1891 in Book A, Page 128 of Maps in the office of the County Recorder of said County. EXCEPT THEREFROM those portions of said Lot 15 and said Parcel 1 lying northwesterly of the following described line: Beginning at a point on said northeasterly line of said Pacific Coast Railroad Company's Right of Way, distant South 53 052'00" East 133.75 feet from the intersection of said right of way line with the northeasterly prolongation of the centerline of said Alphonso Street; thence South 36 008'00" West 50.00 feet; thence South 31 032'15" West 62.19 feet to the most westerly corner of said Parcel 1 of said Lot Line Adjustment SLO AL 14 -0054. (Parcel 2 of SLO AL 14 -0055 - Doc. #2014 - 051592) Parcel 1 of Lot Line Adjustment SLO AL #14 -0054 in the City of San Luis Obispo, County of San Luis Obispo, State of California as described in Agreement Declaration of Lot Line Adjustment recorded November 12, 2014 as Doc. No. 2014- 047992 of Official Records in the office of the County Recorder of said County, being more particularly described as follows: That property described in Certificate of Compliance recorded January 15, 2014 as Doc. No. 2014001870 in the office of the County Recorder of San Luis Obispo County, being Lots 13 and 14 in Block 2 of the Imperial Addition, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map thereof recorded December 21, 1891 in Book A, Page 128 of Maps in the office of the County Recorder of said County. TOGETHER WITH that property described in Certificate of Compliance recorded January 15, 2014 as Doc. No. 2014001866 in the office of the County Recorder of San Luis Obispo County, being a portion of the "Pacific Coast Railroad Company's Right of Way ", in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map of the Haskin Tract, according to map thereof recorded in Book A, Page 127 of Maps in the office of the County Recorder of said County, bounded as follows: Bounded northeasterly by the northeasterly line of said railroad right of way; Bounded northwesterly by the northeasterly prolongation of the centerline of Alphonso Street, as shown on map of the Imperial Addition recorded in Book A, Page 128 of Maps, in the office of the County recorder of said County; Bounded southwesterly by the southwesterly line of said railroad right of way; Bounded southeasterly by the northeasterly prolongation of the northwesterly line of Lot 1 in Block 15 of said Imperial Addition. EXCEPT THEREFROM those portions of said "Pacific Coast Railroad Company's Right of Way" and said Lot 14 lying northeasterly of a boundary line which is 20.00 feet northeasterly, measured at right angles from the following described traverse line: Commencing at a point in the center line of Victoria Avenue, 60.00 feet wide per said map of Imperial Addition, distant South 32 030'00" East 10.72 feet from the point of intersection of the center line of said Victoria Avenue with the center line of Woodbridge Street (formerly Alexander Avenue), 60.00 feet wide per said map of Imperial Addition, said point being the beginning of a tangent 200.00 foot radius curve, concave northeasterly; thence northwesterly along said curve through a central angle of 11 044'51 ", an arc length of 41.00 feet to a point on the southeasterly line of said Block 2 and northwesterly right of way line of said Woodbridge Street, being the TRUE POINT OF BEGINNING; thence continuing northwesterly along said curve through a central angle of 9 03942" and an arc length of 33.73 feet, more or less, to a point of reverse curvature at the beginning of a tangent 200.00 foot radius curve, concave southwesterly; thence northwesterly along said curve through a central angle of 42 04633" and an arc length of 149.32 feet, more or less, to a point on a tangent line, said line being parallel with and distant 20.00 feet First American Title Order Number: 4009 - 4783480 southwesterly, measured at right angles, from the northeasterly line of said "Pacific Coast Railroad Company's Right of Way "; thence along said parallel line, North 53 052'00" West 141.57 feet to the northeasterly prolongation of the center line of Alphonso Street, 60.00 feet wide per said map of Imperial Addition. Said boundary line which is 20.00 feet northeasterly from said traverse line, to be lengthened or shortened to terminate on said northeasterly prolongation of said center line of Alphonso Street and said northwesterly right of way line of Woodbridge Street. TOGETHER WITH Lot 15 in Block 2 of the Imperial Addition, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map thereof recorded December 21, 1891 in Book A. Page 128 of Maps in the office of the County Recorder of said County. EXCEPT THEREFROM those portions of said Lot 15 and said Parcel 1 lying southeasterly of the following described line: Beginning at a point on said northeasterly line of said Pacific Coast Railroad Company's Right of Way, distant South 53 052'00" East 133.75 feet from the intersection of said right of way line with the northeasterly prolongation of the centerline of said Alphonso Street; thence South 36 008'00" West 50.00 feet; thence South 31 032'15" West 62.19 feet to the most westerly corner of said Parcel 1 of said Lot Line Adjustment SLO AL 14 -0054: APN: Portion of 004 - 846 -010 and 0004 - 846 -025 END OF DOCUMENT FirstAmerican Tt /e