Loading...
HomeMy WebLinkAboutD-2042 Easement between Nancy Caligari, trustee of the Tony B. Machado Trust and SLO city APN: 002-482-013RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 2017003724 Tommy Gang _ RECEXVCD San Luis Db!I3p11 PM County Clerk -Recorder ecarded at the request of MAR 3 22017 PUBLIC Titles: 1 Pages: 14 SLD CITY CL.�RK Fees: $0.00 Taxes: 0.00 Total: 10.00 111 IR I?)AAtlltiY�������������� D APN: 002-482-013 NO RECORDING FEE — PUBLIC AGENCY — Gov. Code § 6103 GRANT OF EASEMENT AGREEMENT This Grant of Easement Agreement (this "Agreement") is made as of this QSday of 2017, by and between Nancy Caligari, Trustee of the Tony B. Machado Trust dated Deceemb r 13, 2001, as amended (hereinafter "Grantor"), and the City of San Luis Obispo, a municipal corporation and charter city (hereinafter "Grantee"). RECITALS WHEREAS, Grantor is the owner of certain real property located in the City of San Luis Obispo, State of California, commonly known as APN: 002-482-013 and referred to as 280 Higuera Street, San Luis Obispo, CA and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Caligari Property"). WHEREAS, Grantee is the owner of certain real property adjacent to the Caligari Property, a portion of which is commonly known as APN: 002-482-025, and is more particularly described in Exhibit B, attached hereto and incorporated herein by reference (the "City Property"). WHEREAS, Grantee also owns other real property immediately adjacent to the Caligari Property commonly referred to as Bianchi Lane, which is a City right-of-way owned in fee and is more particularly described in Exhibit C, attached hereto and incorporated herein ("Bianchi Lane"). WHEREAS, on June 2, 2016, Grantor had prepared a Record of Survey of the Caligari Property which determined that the steel bridge (the "Bridge") which spans San Luis Obispo Creek and provides access to the City Property via Bianchi Lane is partially located on the Caligari Property as depicted in Exhibit D, attached hereto and incorporated herein by this reference. WHEREAS, Grantee is in the process of developing a capital improvement project to replace and relocate the Bridge to the City Property and Bianchi Lane. WHEREAS, Grantor has agreed to grant to Grantee an easement over the Caligari Property upon the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein, Grantor grants the Easement (as hereinafter defined) to Grantee under the following terms and conditions: Section 1. Grant of Easement: Grantor hereby grants to Grantee an easement over, under, across, within and through a portion of the Caligari Property that is described and depicted in Exhibits D-1 and D-2, respectively, for the Easement Purposes, as defined in Section 2 of this Agreement ("Easement"), subject to all matters and encumbrances of record affecting the Caligari Property, on the terms and conditions set forth in this Agreement. Section 2. Easement Purposes: Easement Purposes" collectively means use of the Caligari Property within the Easement area as a public right of way. Section 3. Character of Easement The Easement is nonexclusive and in gross. Section 4. Term Grantee intends to replace and relocate all but a small portion of the Bridge onto the City Property and Bianchi Lane (the "Bridge Relocation Project"), and is in the process of preparing plans and specifications, and developing funding for the Bridge Relocation Project. Upon completion of the Bridge Relocation Project, the parties shall amend this Agreement to reflect the new location of the Bridge on the Caligari Property. Section S. Maintenance and Re air Grantee will be solely responsible to maintain and repair the Easement in good and safe condition and repair, including, but not limited to, the maintenance, repair or replacement of the Bridge located within the Easement spanning across San Luis Obispo Creek, as Grantee deems reasonably necessary or advisable; provided, however, that if any such maintenance or repair is required in whole or in part by any act or omission of Grantor, its successors, assigns, tenants, customers or invitees, or the customers and invitees of such tenants, Grantor will be responsible for the cost of such maintenance and repair. 2 Section 6. No Impediment to Use During the term of this Agreement, no walls, fences or barriers of any sort or kind whatsoever that prevent or impair the reasonable use of the Easement, or the exercise or performance of any of the Easement Purposes, will be constructed, maintained, or permitted on the Easement, or any portion thereof, by Grantor or Grantee, unless such improvement is mutually agreed upon in writing by Grantor and Grantee. Section 7. Indemnification Grantee agrees to indemnify, defend and hold harmless Grantor, its agents, representatives, heirs, successors and assigns, against any and all claims, actions, or demands, costs or expense, including reasonable attorney's fees, arising out of or in any way connected to any activities of Grantee, its agents, representatives, heirs, successors, assigns or invitees arising out of its use, maintenance or repair of the Easement and/or the Bridge Relocation Project, excluding therefrom claims resulting from the gross negligence or willful misconduct of Grantor. This Section 7 shall survive termination of this Agreement. Section S. Attorney's Fees If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party will be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorney's fees, costs, and expenses incurred in the action or proceeding by the prevailing party. Section 9. Notices All notices given pursuant to this Agreement must be in writing and by personal delivery, U.S. Mail or established express delivery service, such as Federal Express, with postage or delivery charge prepaid, return receipt requested, and addressed to the person and address designated below: If to Grantor: Nancy Caligari, Trustee 149 Fel Mar Dr. San Luis Obispo, CA 93405 With a copy to: Timothy J. Carmel Carmel & Naccasha LLP 1410 Marsh Street San Luis Obispo, CA 93401 If to Grantee: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 3 Section 10. Miscellaneous This Agreement constitutes the entire agreement between Grantor and Grantee relating to the Easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement will be of no force and effect unless it is in writing and signed by Grantor and Grantee or their respective successors or assigns. This Agreement will be effective upon the date it is recorded. Section 11. Successors and Assigns The provisions of this Agreement are intended to and will run with the land, and, until their expiration or termination in accordance with the terms of this Agreement, will bind, be a charge upon and inure to the benefit of the Grantor and Grantee, their respective successors and assigns. Section 12. Recitals The Recitals set forth above are hereby incorporated in and made a part of this Agreement by this reference. Section 13. Signature/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. Section 14. Covenants Running with the Land The benefits and burdens of this Agreement will run with the land in accordance with California Civil Code §§ 1460-1471. Section 15. Recording Grantee shall record this Agreement in the Official Records of San Luis Obispo County. Signatures on following page] 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove. GRANTOR: GRANTEE: City of San Luis Obispo Of e2 Nancy Calxgari, Trustee of the Tony B. eidi larmon, May Machado Trust dated December 13, 2001 Date: Date: Attest: Carrie Gallagher, City Clerk Approved as to Form: Dietrick, City Attorney ACKNOWLEDGMENT 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 validi of that document. State of California County of co 1 Ury _ } On 2U ' before me, LU(; insl narn and title of flfiicer) personally appeared n-- —.. - ---— who proved to me on the basis of atisfacta 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) L, FtlE FI. MAN Commission #t 2050457 zMI, Notary Public • California a' 4 San Luis Obispo County tiM Comm, Ex as Nav 28.2017 ACKNOWLEDGMENT 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 _' o.v'\ L iS 4JiSlo ) On o. 3, c7 M before me, 1Ae-cA-Iher Eboye`w 1h , -A)0 I U6UL insert name and title of the officer) personally appeared. 6,k _ who proved to me on the basis of satisfactory evidence to be the personJs) whose namek8ris/r-e- subscribed to the within instrument and acknowledged to me that Oe/she/they executed the same in f"/her/tli& authorized capacity(jes), and that by his/her/theirsignaturek4 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. HEATHER GOODWIN [ Commission # 2030014 ` WITNESS my hand and official seal. Notary Public - California San Luis Obispo County M Comm. Ex ire$ dun 21, 2017 Signature G v (Seal) EXHIBIT A Caligari Property All that part of Block 61 of the City of San Luis Obispo, according to the official map on file in the office of the County Recorder of said County, described as follows: Beginning at a point on the Southerly boundary line of the San Luis Obispo Town Lands between Town corners 13 and 14 at a point of said boundary line where the Westerly line of Higuera Street intersects the same; thence North 8° 15' East along the Westerly line of Higuera Street, 50 feet; thence at right angles North 81' 45' West 200 feet, more or less, to center of Arroyo de San Luis Obispo; thence down the center of said Arroyo Southwesterly to its intersection with the Southerly boundary of Town Lands aforesaid 50 feet, more or less, and East 180 feet of Town Corner No. 14; thence following said Town boundary East 220 feet to the point of beginning; SUBJECT TO all city, county and state taxes, and covenants, conditions, restrictions and easements of record, if any, for streets, alleyways and public utilities. 0 EXHIBIT B City Property That part of the parcel of land conveyed to the State of California by deed recorded February 23, 1962 in Volume 1170, Page 744 of Official Records of said County that lies northerly of a line that is 570 feet southerly of and parallel to the southerly line of South Street shown on the map of J. Harford's Addition to the City of San Luis filed in Book A at page 123 of Maps in the office of the County Recorder of said County. Said 570 feet measured at right angles to said southerly line. Excepting therefrom that portion thereof that lies easterly of a line extended southerly from and at right angles to, said southerly line of South Street, from a point on said southerly line that is 25.00 feet distant easterly along said line from its intersection with the easterly line of Lot 3 of Block 149 as shown on said map. Also excepting therefrom that portion thereof that lies westerly of the following described line: Beginning at the northwest corner of PARCEL THREE shown on the map filed in State Highway Map Book 3, Page 667 in said County Recorder's Office; thence (1), N. 6° 27,14" W., 278.31 feet; thence (2), N. 8°38'27" E., 669.69 feet to Course 6 described in said deed. Bearings and distances used herein are based on the California Coordinate System, Zone 5. It is expressly made a condition herein that the conveyed property be used exclusively for public purposes for a period of ten (10) years from the date of this deed, that if said property ceases to be used exclusively for public purposes during this ten (10) year period, all title and interest to said property shall revert to the State of California, Department of Transportation, and that the interest held by the grantee(s), named herein, or its/their assigns, shall cease and terminate at such time. It is understood and agreed by the grantee(s), herein named, and its/their assigns, that the foregoing provision constitutes a divestiture and will cause all interest to revert in the State of California, Department of Transportation, if the conveyed property cease to be used for public purposes, There shall be no abutter's rights of access appurtenant to the above described real property in and to the adjacent State freeway. 7 EXHIBIT C Bianchi Lane Beginning at the Southeast corner of the lot of land sold by Eustaqui Sesenna et al to Pablo Antonio Sylvera by deed dated January 21, 1904, and recorded in Book "H" of Deeds, page 307, San Luis Obispo County Records, and running thence northeasterly along the westerly line of Higuera Street, twenty two (22) feet to a point; thence at right angles northwesterly, two hundred 200) feet to a point in the center of the San Luis Obispo Creek; thence at right angles southwesterly, twenty two (22) feet; thence at right angles northeasterly, two hundred (200) feet to the point of beginning. 8 EXHIBITS D-1 and D-2 The Easement EXHIBIT D-1 Legal Description A portion of Block 61 of the City of San Luis Obispo, according to the Official Map on file in the Office of the County Recorder of San Luis Obispo County, California described as follows; Beginning at a 5/8" rebar with cap "LS 5702" set at the most northeasterly corner of the parcel described in the Trust Transfer Deed to Tony B. Machado, Trustee of the Tony B. Machado Living Trust, dated December 13, 2001 and recorded on January, 8 2002 as Document No. 2002-001523 in said County Recorder's office; thence North 810 45'00" West a distance of 19.12 feet to the True Point of beginning; thence 1) South 880 19'23" West a distance of 301.89 more or less to the center of San Luis Obispo Creek; thence 2) North 110 12'40" East along the centerline of said creek a distance of 33.60 feet to a point which bears North 810 45'00" West from the True Point of Beginning; thence 3) South 810 45'00" East a distance of 298.38 feet, more or less to the True point of beginning. The above-described parcel contains 5160 square feet, more or less. The above-described parcel is graphically shown on Exhibit D-2 attached hereto and made a part hereof. D SAND` 5.. i g 9 L. LIC. NO. 5702 .' B. Stanton, PYLS5702 Date M:\16-115 280 Higuera Street - San Luis Obispo\Legal Description - Bianchi Lane to uty of SLO.doc 12/8/2016 1:44 PM 2-1 S P' N f EXHIBIT D-2 L U' B S P p N 1 1' 12'40"E 1041" CENTER OF SAN _I LUIS CREEK I FND 5/8" REB Q SCALE 1"=40' I W FND 3/4 lip T.P.O.B J 1 I 3.50'R1 S8'15'00"W iv3.20'" R3&D2 rn 30.38'M 50.00'M 2.20' C R E E K FND 5/8" REB W H l b U E RA STREETJ _ 1 IYI MICHAEL B. STANTON, PLS 5702 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 805-594-1960 December 8, 2016 JOB #16-115 O Ia 0 o 01 Cn rp ap Z a w ti o 00 C c Iul u 00J M LC _ VyR N O bo t, OD W r0 W z z 0 I cD, O I r Z Co j o Iwo N y CD Z rn n ry CO o I 0 o v N i Q SCALE 1"=40' I W FND 3/4 lip T.P.O.B J 1 I 3.50'R1 S8'15'00"W iv3.20'" R3&D2 rn 30.38'M 50.00'M 2.20' C R E E K FND 5/8" REB W H l b U E RA STREETJ _ 1 IYI MICHAEL B. STANTON, PLS 5702 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 805-594-1960 December 8, 2016 JOB #16-115 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Grant of Easement Agreement, dated February 23, 2017, from Nancy Caligari, Trustee of the Tony B. Machado Trust dated December 13, 2001, as amended is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (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. A-CAAe Date ATTEST: Carrie Gallagher City Clerk CITY OF SAN LUIS OBISPO M or/Heidi Ha on City seal required] r=N!? Cir DOCUMENT