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
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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..
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L.
LIC. NO. 5702 .'
B. Stanton, PYLS5702 Date
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EXHIBIT D-2
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W H l b U E RA STREETJ _
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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
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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