HomeMy WebLinkAboutD-2025 Easement Agreement - Public Trail - Rachel Court 03-24-2016RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Attn: City Clerk
990 Palm Street
San Luis Obispo, CA 93401
2016 12762
Tommy Gong
San Luis Obispo - County Clerk- Recorder
03/24/2016 11:48 AM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 8
Fees: $0.00
Taxes: 0.00
Total: 0.00
IIla,
I I I 1A4��ta�11 II
APR 14 2016 Exempt i ton Recording Tees -Public ageticy_- Goer. Code §6103
—
EASEMENT AGREEMENT
(Public Trail)
This Easement Agreement (Public Trail) ( "Agreement ") is made and entered into by and
between MI SLO Terrace, LLC, a Delaware limited liability company ( "GRANTOR ") and the
CITY OF SAN LUIS OBISPO, a municipal corporation and charter city (hereinafter referred
to as "CITY ") on the 7-til day of ma , 20j_(6 .
RECITALS
WHEREAS, GRANTOR is the owner of the real property described as Lot 9 in Block 15 and
Lot 18 in Block 11 of Buena Vista Addition to the City of San Luis Obispo, in the City of San
Luis Obispo, County of San Luis Obispo, State of California, as shown on map recorded
October 20, 1887 and filed in Book A of Maps at Page 47 in the office of the County Recorder of
said county, and a portion of Bushnell Street abandoned per Resolution No. 5865 (1986 Series)
recorded January 13, 1986 in Volume 2790, Page 696 of Official Records of said County which
would pass to said Lots 9 and 18 under California Civil Code 831, and a portion of Leland
Terrace abandoned per Resolution No. 2243 (1971 Series) recorded January 5, 1972 in Volume
1647, Page 564 of Official Records of said County which would pass to said Lot 18 under
California Civil Code 831 (the "Property ");
WHEREAS, Condition No. 38 of Architectural Review Commission Resolution No. ARC -
1017-13 required GRANTOR to, prior to issuance of a building permit, dedicate a public trail
easement over a portion of the Property to connect to the Terrace Hill Open Space, and to design
and construct the trail improvements;
WHEREAS, GRANTOR has met with the CITY to discuss the feasibility of constructing a trail
at the end of Rachel Court and has proposed to satisfy Condition No. 38 by offering to CITY a
public trail easement, and providing a cash payment in the amount of $6,900 to the CITY to
cover the cost of designing, constructing, and maintaining the trail for twelve (12) months, in lieu
of constructing the trail at this time (the "Cash Payment ");
WHEREAS, GRANTOR has proposed that CITY, at its sole discretion, can use the Cash
Payment to improve other existing trailheads serving the Terrace Hill Open Space in lieu of
GRANTOR constructing a trailhead at Rachel Court; and
WHEREAS, GRANTOR's proposal to satisfy Condition No. 38 with an easement and a "Cash
Payment" was reviewed and approved by the Community Development Department, Natural
Resources Manager, Public Works Department, and Parks and Recreation Director.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and in consideration of the above recitals and mutual
covenants, terms, conditions and restrictions contained herein, GRANTOR and CITY agree as
follows:
1. Offer to Dedicate: GRANTOR does hereby offer to dedicate, irrevocably, to the public,
an easement for public trail purposes (the "Easement "), in, over, upon, across and under
that portion of certain real property located in the City of San Luis Obispo, County of San
Luis Obispo, State of California, as more particularly described in Exhibit "A" and
depicted in Exhibit `B" both of which are attached hereto and incorporated herein by this
reference fthe `Basement Area "), together with the right to install, maintain, repair and
replace any and all public trail improvements CITY deems necessary, in its sole and
absolute discretion. For purposes of this Agreement, the term "public trail improvements"
shall include, but not be limited to, pathways improvements (i.e. gravel, wood chip, dirt
surface, decomposed granite or similar material), bridges, boardwalks, culverts, retaining
walls, fences, stairs, signs, trash cans, rest benches and similar facilities.
2. Type of Easement: The Easement shall be non - exclusive and in gross. Provided,
however, the easement rights granted to CITY herein shall be paramount and superior to
the rights of GRANTOR and all other persons and entities.
3. Acceptance: The Easement may be accepted at any time by the CITY, and CITY may
commence construction and public use of the public trail improvements within the
Easement Area at any time thereafter.
4. Limitations on Use of the Easement: Except for any such equipment required by CITY
for the installation, maintenance and repair of public trail improvements, the Easement
Area may be used for pedestrian uses only. No motor vehicles, bicycles or equestrian
uses shall be permitted.
Maintenance: Until such time as the Easement is accepted by the CITY, GRANTOR shall
be responsible for the maintenance of the Easement Area. Upon acceptance of the
Easement by the CITY, CITY shall be responsible for use and maintenance of the public
trail improvements within the Easement Area, including all public trail improvements, in
CITY's sole and absolute discretion.
6. Cash Payment: GRANTOR shall submit the Cash Payment to the City in the amount of
$6,900.00 within 30 days of the date of this Agreement. GRANTOR agrees that the Cash
Payment may be used by CITY to improve other existing trailheads serving the Terrace
Hill Open Space in lieu of constructing a trailhead at Rachel Court, at the CITY's sole
discretion.
T 'Successors and Assi iis. The Property shall be held, transferred, encumbered, used, sold,
conveyed, leased, and occupied subject to this Agreement (and incorporating the above
recitals herein by this reference) which shall run with the land and shall be binding upon
GRANTOR's heirs, successors in interest, legal representatives, administrators, grantees,
assigns, lessees, or any other occupiers and users of the Property, or any portion of it.
8. Reserved Rights of GRANTOR. Nothing contained in this Agreement will result in a
forfeiture or reversion of GRANTOR's reserved rights or title in any respect.
9. Severability. If any term or provision of this Agreement is determined to be illegal,
unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable,
or invalid provision or part thereof shall be stricken from this Agreement, and such
provision shall not affect the legality, enforceability, or validity of the remainder of the
Agreement. If any provision or part thereof of this Agreement is stricken in accordance
with the provisions of this section, then such stricken provision shall be replaced, to the
extent possible, with a legal, enforceable, and valid provision that is as similar in tenor to
the stricken provision as is legally possible.
10. Counterparts. This Agreement may be executed in two or more counterparts, each of
which will be deemed an original, but all of which together will constitute one and the
same instrument.
11. Modification. No oral representations or modification concerning this instrument shall be
of any force or effect and this instrument shall be modifiable only by an instrument in
writing, signed by the party to be charged.
12. Recordation. CITY may record this Agreement in the Official Records of San Luis
Obispo County.
IN WITNESS WHEREOF, this Agreement is hereby executed by GRANTOR and CITY on
the day and year first written above.
CITY OF SAN LUIS OBISPO
Attest:
City Clerk
Apodiyied as to Form:
Stine Dietrick
ttorney
GRANTOR
MI SLO TERRACE, LLC,
a Delaware limited liability company
By: MI BUILDERS, LLC,
a Delaware limited liability company,
its Managing Member
By: GGCCB, LLC
a California limited 1
company,
its Co- Manager
H. Orodgman, Manager
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On M, ,(dA ?� �i0fla before me,. "+VYWA �DaN&- 1" VM "I ,
Date Name and Title of the officer
personally appeared, U-1
Name. of Signe.r(l)
who proved to me on the basis of satisfactory evidence to be the person(ol whose name($) is /are
subscribed to the within instrument and acknowledged to me that he /sheAhQy executed the same in
his /heFAh it authorized capacity(), and that by his /hQagioir signature(.&) on the instrument the
person(.&), or the entity upon behalf of which the person(e) 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.
ANTONETTE CORDOVA
WITNESS my hand and official seal. Commission # 1993635
Notary Public - California Z
Santa Barbara County
Signature My Comm. Ex ire.& Oct 11. 2016
sv.ature of Notary Public Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On , before me,
Date Name and Title of the Officer
personally appeared,
Name 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 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
Signature of Notary Public
Place Notary Seal Above
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY RESULTS IN YOUR
SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO THE AGREEMENT OF THE FOREGOING INSTRUMENT
The undersigned beneficiary, under that certain deed of trust recorded on February 6, 2015, as Document No. 2015-
005219, in the Official Records of the County of San Luis Obispo, does hereby join in, and consent to, each and all
of the terms and provisions of the within instrument, and does hereby subordinate its interests to the entire effect of
this instrument. In this regard, the undersigned does hereby agree upon request of any insuring title company to
direct the trustee under said deed of trust to execute and deliver to the County in recordable form acceptable to such
insuring title company partial re- conveyances as to any rights granted and to be granted to the City of San Luis
Obispo pursuant to this instrument.
Dated: -Z. L t Lf ( I
TRUST DEED BENEFICIARY
Wells Fargo Bank, National Association
ELI.� L1a
A Notary Public or other officer completing this certificate verifies only the identity of the Individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of CaVornia }
County of }
On t)— N —kL-( , before me,1 L -'k= +71t�F , -t 1
Date N and Title of I&, Ofter
personally appeared, _4b�
Name of Slgnegs)
who proved to me on the basis of satisfactory evidence to be the persons} whose nameN is/ace
subscribed to the within instrument and acknowledged to me that helshelomy executed the same in
iNG/herltheir authorized capacity(te§), and that by htstledtheir signature(sl on the instrument the
person(, 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. wpiill Wli Ri!✓1 A1�f 14 661It tU INS 1162216
'W'ENDY BINEV -
WITNES y hand and official seal. COMM. #12098655
NOTARY PUBLIC • CALIFORNIA!
1A 1(1S 11,, LOS ANGELES COUNTY -
/l 11. ��Merr�r i iI� ,89414riii1iutor
Signature &t.,/
Signatur4 of Mary Public Place Notary Seal Above
EXHIBIT ItItA"
LEGAL DESCRIPTION
TRAIL EASEMENT
PARCEL 1
That portion of Lot 9 in Block 15 and a portion of Bushnell Street (abandoned) of
the Buena Vista Addition to the City of San Luis Obispo, in the city of San Luis
Obispo, County of San Luis Obispo, State of California, as shown on the map filed
in Book A of Maps at Page 47 in the office of the County Recorder of said County
together with that portion of Bushnell Street abandoned per Resolution No. 5865
(1986 Series) recorded January 13, 1986 in Volume 2790, Page 696 of Official
Records of said County of which would pass under California Civil Code 831, more
particularly described as follows:
Commencing at a 5/8" rebar and cap "LS 5702" set to mark the intersection of
the centerline of Bushnell Street with the south right -of -way of Rachel Court as
shown on the map filed in Book 106 of Records of Surveys at Page 39, records of
said County; thence along said right -or -way of Rachel Court, South 89 02531"
West, 30.00 feet to the westerly right -of -way of Bushnell Street; thence along said
Bushnell Street right -of -way South 00 002'05" East, 0.57 feet to the True Point of
Beginning; thence
along the arc of a curve to the right having a radius of 46.00 feet, through a central
angle of 022 146'41 ", the radius point of which bears North 48 055'16" West, and a
radial line out bears South 26 008'35" East, for an arc length of 18.29 feet; thence
South 29 007'05" East, 29.29 feet; thence
North 55 038'13" East, 17.28 feet; thence
along the arc of a non - tangent curve concave northwesterly having a radius of
40.00 feet, through a central angle of 020 036'42 ", the radius point of which bears
North 20 125'44" West, and a radial line out bears South 00 010'58" West, for an
arc length of 14.39 feet to the westerly right -of -way of Bushnell Street; thence
along said right -of -way
North 00 002'05" West, 29.42 feet to the True Point of Beginning.
The above described Parcel 1 contains 299 square feet more or less and is shown
graphically on Exhibit "B" attached hereto and incorporated herein by reference.
PARCEL 2
That portion of Lot 18 in Block 11 and a portion of Bushnell Street (abandoned)
and a portion of Leland Terrace (abandoned) of the Buena Vista Addition to the
October 12, 2015; 9:22 AM Page 1 of 2
M: \12 -141 Rachel Court-SLO Terrace \Legal Descriptions for Easements \2 - Exhibit A -Trail Easement.docx
Randy Ellison, LS7065
City of San Luis Obispo, in the city of San Luis Obispo, County of San Luis Obispo,
State of California, as shown on the map filed in Book A of Maps at Page 47 in the
office of the County Recorder of said County together with that portion of Leland
Terrace abandoned per Resolution No. 2243 (1971 Series) recorded January 5,
1972 in Volume 1647, Page 564 of Official Records of said County and together
with that portion of Bushnell Street abandoned per Resolution No. 5865 (1986
Series) recorded January 13, 1986 in Volume 2790, Page 696 of Official Records
of said County both of which would pass under California Civil Code 831, more
particularly described as follows:
Beginning at a 5/8" rebar tagged "LS 5702" set to mark the most northerly corner
of Parcel 4 of Abandonment Resolution #5865 filed in Book 2790 of Official Records
at Page 696 as shown on the map filed in in Book 106 of Records of Surveys at
Page 62 (106- RS -62), records of said County; thence along the centerline of
(former) Leland Terrace as shown on said map
North 35 048'28" West, 34.84 feet; thence leaving said centerline
South 00 102'05" East, 31.63 feet to the existing right -of -way of Rachel Court;
thence along said right -of -way
along the arc of a non - tangent curve concave southwesterly having a radius of
40.00 feet, through a central angle of 013 010'28 ", the radius point of which bears
South 48 013'40" West, and a radial line out bears North 61 124'08" East, for an arc
length of 9.20 feet to the north line of said Parcel 4 of said Abandonment
Resolution #5865; thence along said north line
North 54 011'32" East, 18.59 feet to the point of Beginning.
The above described Parcel 2 contains 406 square feet more or less and is shown
graphically on Exhibit "B" attached hereto and incorporated herein by reference.
AN
Michael B. Stanton, PLS5702 Date
,k LIC. N0. 5702//*,
C A"
October 12, 2015; 9:22 AM Page 2 of 2
M: \12 -141 Rachel Court -SLO Terrace \Legal Descriptions for Easements \2 - Exhibit A -Trail Easement.docx
Randy Ellison, LS7065
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STREET EASEMENT BY
SEPARATE DOCUMENT.
EXHIBIT "B"
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STREET EASEMENT BY
SEPARATE DOCUMENT.
EXHIBIT "B"
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A= 22'46' 41
Co R= 46.00'
L= 18.29'
PARCEL 1 )POB
299± SQ FT nq ..; PARCEL 1 /,•\'
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S00 02 05 E 0.57
?. N00 02 05 "W 29.42'
N48'13'40 "E
-A= 20'36'42" R= 40.00' L= 14.39'
ow � r � \RADIAL
►--- S89'25'31 "W 30.00'
BUSHNELL STREET S20'25'44 "E I ` I
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STREET EASEMENT BY
!/ SEPARATE DOCUMENT.
LELAND TERRACE AND
BUSHNELL STREET
(ABANDONED)
(ABANDONED) RADIAL i I \ A= 13'10'28" R= 40.00' L =9.20'
\' S00'02'05 "E 31 63'
i
POC
PARCEL 1
N54'11'32 "E 18.59'
PARCEL 2
406± SQ FT
POB
PARCEL 2
� a t [JF CA4�Fv
T
MICHAEL B. STANTON, PLS 5702 20 GRAPHIC SCALE 40
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401 — 2{]�
805-594-1960
Octobef 12, 2015 ,JOB 12 -141 2 —TRAIL
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X11
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I
If
A= 22'46' 41
Co R= 46.00'
L= 18.29'
PARCEL 1 )POB
299± SQ FT nq ..; PARCEL 1 /,•\'
rLs
Cj
S00 02 05 E 0.57
?. N00 02 05 "W 29.42'
N48'13'40 "E
-A= 20'36'42" R= 40.00' L= 14.39'
ow � r � \RADIAL
►--- S89'25'31 "W 30.00'
BUSHNELL STREET S20'25'44 "E I ` I
o,
L
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STREET EASEMENT BY
!/ SEPARATE DOCUMENT.
LELAND TERRACE AND
BUSHNELL STREET
(ABANDONED)
(ABANDONED) RADIAL i I \ A= 13'10'28" R= 40.00' L =9.20'
\' S00'02'05 "E 31 63'
i
POC
PARCEL 1
N54'11'32 "E 18.59'
PARCEL 2
406± SQ FT
POB
PARCEL 2
� a t [JF CA4�Fv
T
MICHAEL B. STANTON, PLS 5702 20 GRAPHIC SCALE 40
3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401 — 2{]�
805-594-1960
Octobef 12, 2015 ,JOB 12 -141 2 —TRAIL
r:mn nF WCUIVIEN 4