The URL can be used to link to this page

Home My WebLink About07-24-2017 Unrecorded Easement Deed - SLO Non-Profit Housing 208 - 210 Margarita AveRECORDING REQUESTED BY: J. Christine Dietrick, City Attorney City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Manager 990 Palm Street San Luis Obispo, CA 93401 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 053-182-027 and 053-182-030 (SLO County) No fee pursuant to Government Code § 6103 FIRST AMENDMENT TO TEMPORARY CONSTRUCTION EASEMENT DEED The FIRST AMENDMENT TO UTILITIES EASEMENT DEED ("First Amendment") is made this 2- 4 A\, day of July, 2017 by San Luis Obispo Non -Profit Housing Corp., a Corporation, hereinafter referred to as "Grantor." WHEREAS, Grantor is the owner of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, commonly known as (208 and 210 Margarita Avenue), San Luis Obispo, California, APNs: 053-182-030 and 053-182-027 and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ("the subject property"); WHEREAS, on July 10, 2016, Grantor executed a Utilities Easement Deed (the "Easement Deed") granting to the City of San Luis Obispo ("Grantee") a temporary construction easement (the "Temporary Construction Easement") over a portion of the Subject Property in order to facilitate the construction of the Margarita Lift Station Replacement Project for municipal wastewater conveyance ("City Facilities"); WHEREAS, the Easement deed was recorded in the Official Records of San Luis Obispo County on August 25, 2016 as Document No. 2016041587, the terms and conditions of which are incorporated herein by reference; and WHEREAS, by this First Amendment Grantor desires to amend certain terms and conditions of the Easement Deed. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor agrees as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Capitalized Terms. All capitalized terms not defined herein shall have that meaning set forth in the Easement Deed. 3. Amendment. Section B of the Easement Deed is hereby amended to read as follows: A Temporary Construction Easement for the purposes of facilitating construction of City Facilitates, including the right to place equipment and vehicles, pile earth thereon, and utilize said Temporary Construction Easement for all other related activities and purposes associated with facilitating the construction of City Facilities within the Permanent Easement described hereinabove, in, on, over, under, through, and across that certain parcel of land described and depicted as "Temporary Construction Easement" in Exhibit "C", attached hereto and incorporated herein, Said Temporary Construction Easement shall commence thirty (30) days after issuance by City of a Notice of Commencement of Construction to Grantor, which shall be issued to Grantor by U.S. Mail, and shall automatically terminate upon completion of City's construction, or four (4) months after the commencement of construction, whichever occurs first; provided, however, that City shall have the right to extend the Temporary Construction easement term in six addition one (1) month increments if City determines that additional time beyond the four month period is necessary for construction completion. In such case, City shall have the unilateral right to extend the Temporary Construction Easement period through construction completion and agrees to compensate Grantor Six Thousand Dollars ($6,000) for each one month extension term exercised. Payment for any such extensions shall be paid by City to Grantor concurrent with City's written notice to Grantor concurrent with City's intent to exercise such extension provisions. In any event, this temporary easement will automatically terminate at the conclusion of City's construction, or on December 31, 24P 2018, whichever occurs first. Upon completion of construction of City's project, said Temporary Construction Easement area shall be generally restored to the condition that existed prior to construction, or better, to the extent reasonably practical, except for landscaping. 4. Other Conditions. Except as set forth herein, all other terms and conditions in the Easement Deed shall remain in full force and effect. IN WITNESS WHEREOF, Grantor has executed this First Amendment as of the date first referenced above. GRANTOR: San. Luis. bispo Non -Pr Housing Corp., a Corporation Scott Smith 6'cf Executive Officer 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. OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment STATE OF CALIFORNIA ) ) ss COUNTY OF SAN LUIS OBISPO) On S` 11 7 02 before me, Victoria L. Connerley, Notary Public, personally appeared Scott Smith, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person 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. MMA -I.- -LEY CMM./ 207218 NVAM rwc�c . carruro�NA SAN LUIS 05-1 C0-UN1. Comm. Exp. JI *:—: UNE 27 2018 Victoria L. Connerl , Notary Public EXHIBIT A A temporary construction easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of Lot 9Ias shown on that certain map entitled "Map of Tract Number 400 El Camino Estates, in the City of San Luis Obispo", recorded in Book 8 of maps at Page 2, on June 25, 1971, along being a portion of Parcel A as shown on that certain parcel map entitled "Parcel Map SLO- 76-560", recorded in Book 24 of Parcel Maps at Page 16, on October 27, 1977, said easement being more particularly described as followed: Beginning at a point on the northerly line of Margarita Avenue (84 feet wide), said point being the southwesterly corner of said Lot 91 shown on said map described above; Thence westerly along the southerly line of said parcel described above, said line also being northerly line of said avenue, North 79°03'40" West, 17.23 feet to the TRUE POINT OF BEGINNING; Thence continuing along said avenue and said line, North 79°03'40" West, 49.10 feet to the southwesterly corner of said parcel; Thence leaving said northerly line, North 05°16'09" East, 78.73 feet along the westerly line of said parcel; Thence leaving said parcel line, South 84°32'31" East, 66.00 feet to said westerly line of said lot on said map described above, Thence leaving said lot line, South 84°32'31" East, 21.96 feet; Thence South 05°06'21" West, 53.21 feet; Thence South 11 °20'27" West, 1.05 feet; Thence North 79°02'55" West, 22.11 feet to said westerly line of said lot on said map described above; Thence leaving said lot line, North 79°02'55" West, 14.03 feet; Thence South 10°5077" West, 32.76 feet to the TRUE POINT OF BEGINNING; See attached Exhibit 'D' made a part hereon. Containing and area of 6,066 square feet, more or less. End of easement i N70'03'�O'Vl ft.33' o?'r�4ov, 119.07' (N80•.16'.41'yYl -66.33') ,(RJ) {s8016T r 116:67') (M) P,PINT.OF, BEGINNING. i MARGARITA_ AVENUE': (84' WIDE) (m) BOOK 24 PARCEL,MAPS, PA'GE.16 THE B[ RINGS SI-IOVO4 HEREON ,ARE BASED,DN CITY OF SAN LUIS OBISP,O HORIZONTAL CONTROL NETWORK 2007, j SCALL: ; 11" = 20' 00Ti VEN. 07,2015 CONSTRU C11011 2 OF 2 FASFMENT n d •p f ! Ui1 a 4�:� IN 584'32'31E .9'7' 21.9fi'•..: o 1 �1 . J 1.... t I `p :n. PARCEL A ` :` LOT 97;' BOOK 8 PARCEL B `.. •• - BOOK`24 PARCEL MAPS;;PAGE 16 -MAPS, PAGE 2 BOOK 24 faA13C:EL I APN 053-182-030 64 , fAPN.053-182-027 MAPS,.P GE.1G. x O W. AREA X5.;066 h d t ra u+ 4 S 11'2U'27' W_ i w .a N7g'02�55-W .36.14,.! .. 4.72..7•.1!.... 14.03' 6S i EXISTING, 36'x15' a w 1 SEWER LIr_r LIFT STATION "' EASEMENT �• v s (.1695 O.R. 29"') TRUE I'OINI' 1 ' I OF BEGINNING -. 49.10' 17.23' i N70'03'�O'Vl ft.33' o?'r�4ov, 119.07' (N80•.16'.41'yYl -66.33') ,(RJ) {s8016T r 116:67') (M) P,PINT.OF, BEGINNING. i MARGARITA_ AVENUE': (84' WIDE) (m) BOOK 24 PARCEL,MAPS, PA'GE.16 THE B[ RINGS SI-IOVO4 HEREON ,ARE BASED,DN CITY OF SAN LUIS OBISP,O HORIZONTAL CONTROL NETWORK 2007, j SCALL: ; 11" = 20' 00Ti VEN. 07,2015 CONSTRU C11011 2 OF 2 FASFMENT CIJO'IORE TEMPORARY CONSTRUCTIO14 EASEMENT Polyl,l.ne Report Vqrt:4in JFasting Beaking :r ''. Distance .229,04,48- 833 .57652-47.38'7 N 79°'03'40:"'W .19.:].03 $.7651-,99.176 N E .-726 57652.06.4'06 s 84-32131! '7�;6,6'.:0.02 A >229.053(i.2.66, 15765272.109 ,22, 9,0528. T',�.7,,7 5765293.974 i.,57,6528--9.23.El S. .3...'2:13 2290-475.175' S, 2290474.:195. W. 73°02'55+',-4.,;22.1.12 .,229047 8.34.6: c51-652 7 N- 79 WJ4 :_02.9 -2290481. 011 S IQ*.50127!' w-- 89.763 2290440;5765247 , .-8 8 7 .q-lqsure ta ' ncd> 0-.,00000 Total Distanc�> 335-03 polyline Areal. 6()65.8 sq ft, 0.1 acres Page 1 of 1 mi CERTIFICATE OF ACCEPTANCE This is to certify that the City of San Luis Obispo hereby accepts for public purpose the real property, or interest therein described in that First Amendment to Utilities Easement Deed from San Luis Obispo Non -Profit Housing Corp., a Corporation, Grantor therein, to the City, Grantee therein and consents to the recordation thereof. In Witness Whereof, I have set my hand this day of , 2017. CITY OF SAID [IIS OBISPO f By Name: Heidi Ha on Title: Mayor Attest: 2.4 . A,64� Carrie Gallagher, City Clerk APPROVED AS TO FORM: ne Dietrick, City Attorney