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Home My WebLink AboutD-2080 Ackerman Easement Agreement 919 El Capitan Way2017053190 r Tommy Gong San Luis Obispo - County Clerk -Recorder 11/17/2017 01:41 PM RECORDING REQUESTED Recorded at the request of: PUBLIC BY AND WHEN RECORD Titles: 1 Pages: I I RETURN TO: Fees : $0.00 Taxes: $0.00 7N(0 2 0 1`91Total: $0.00 City of San Luis Obispo Attn: City Clerk S'-0 CITY CLERK] 990 Palm Street San Luis Obispo, CA 93401 APN: 053-410-015; 024 NO RECORDING FEE - PUBLIC AGENCY- Gov. Code § 6103 GRANT OF EASEMENT AGREEMENT This Grant of Easement Agreement (this "Agreement") is made as of this 151 day of Nw� A ti,, 2017, by and between Ryan Scott Ackerman and Katrina Ann Ackerman (hereinafter "Grantors"), and the City of San Luis Obispo, a municipal corporation and charter city (hereinafter "Grantee" or "City"). Grantor and Grantee are sometimes referred to herein as the "Parties." RECITALS WHEREAS, Grantors are the owners of certain real property located in the City of San Luis Obispo, State of California, commonly referred to as 919 El Capitan Way, San Luis Obispo, Lot 7 of Tract 2294, Assessor Parcel Numbers: 053-410-024 and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Ackerman Property"). WHEREAS, Grantee is the owner of certain real property adjacent to the Ackerman Property, which is commonly known as APN: 053-410-015, and is more particularly described in Exhibit B, attached hereto and incorporated herein by reference (the "City Property"). WHEREAS, a pedestrian bridge (the "Bridge") is partially located on the Ackerman Property and the City Property as depicted in Exhibit C attached hereto and incorporated herein by this reference. WHEREAS, the Bridge was installed as part of a seven -unit development located along El Capitan Way commonly known as Tract 2294, however, the Bridge provides an important amenity to the surrounding community. As part of that development, the developer of Tract 2294 executed a "Creek Preservation and Maintenance Agreement" ("Bridge Maintenance Agreement") which was recorded in the official records of San Luis Obispo County on May 30, 2000, as Document No. 1 9 ter° 2000-029502. Among other things, the Bridge Maintenance Agreement obligated the seven lots of Tract 2294 to maintain the Bridge in a professional manner in perpetuity to the satisfaction of the City's Public Works Director. The City desires to assume responsibility for the maintenance, repair and replacement of the Bridge and by this Agreement, Grantors desire to grant and Grantee desires to accept an easement on the Ackerman Property in order for Grantee to maintain, repair and replace that portion of the Bridge located on the Ackerman Property. AGREEMENT NOW, THEREFORE, Grantors grant the Easement (as hereinafter defined) to Grantee under the following terms and conditions: Section 1. Grant of Easement: Grantors hereby grant to Grantee an easement over, under, across, within and through a portion of the Ackerman Property that is depicted in Exhibit C, for the Easement Purposes, as defined in Section 2 of this Agreement ("Easement"), subject to all matters and encumbrances of record affecting the Ackerman Property, on the terms and conditions set forth in this Agreement. Section 2. Easement Purposes: "Easement Purposes" collectively means use of the Ackerman Property within the Easement area for the purposes of maintaining, repairing, replacing or removing the Bridge, and all appurtenances thereto. Section 3. Character of Easement The Easement is nonexclusive and in gross. Section 4. Term The Easement will be an easement in perpetuity and may only be terminated by the written mutual consent of the parties hereto or their successors in interest. Section 5. Maintenance and Repair Grantee will be responsible to maintain and repair the Easement in good condition and repair, including, but not limited to, the maintenance, repair or replacement of the Bridge, 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 Grantors, its successors, assigns, tenants, customers or invitees, or the customers and invitees of such tenants, Grantors will be responsible for the cost of such maintenance and repair. 2 Section 6. Successors and Assi s 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 Grantors and Grantee, their respective successors and assigns. 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 Bridge excluding there from claims resulting from the gross negligence or willful misconduct of Grantors, or its successors, assigns, guests or invitees. 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 Grantors: Ryan and Katrina Ackerman 919 El Capitan Way San Luis Obispo, CA 93401 If to Grantee: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 Section 10. Miscellaneous This Agreement constitutes the entire agreement between Grantors 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 Grantors and Grantee or their respective successors or assigns. Each of the individuals signing this Agreement on behalf of a party hereto warrants and represents that such individual is duly authorized and empowered to enter into this Agreement and bind such party hereto. Section 11. 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. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove, GRANTORS: - / X�'// Ryan tt Ackerman Date: (/ /,� /q ) 17 Katrina Ann Ackerman Date: I 1115 )11 M GRANTEE: City of San Luis Obispo I eidi arrnan, M or Date: Ui J-pI-I Attest Carrie Gallagher, City Clerk Approved as to Form: Dietrick, City Attorney EXHIBIT "A" Legal Description for Ackerman Property Lot 7 of Tract 2294 located in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the inap filed for record May 30, 2000 in Book 19 at Pa=e 17 of Maps on file in the office of the County Recorder of said County. EXHIBIT "B" Legal Description for City Property Lot 15 of Tract 2248 located in the City of San Luis Obispo, Comity of San Luis Obispo, State of California, according to the snap tiled for record July 7, 1997 in Book 18 at Page 18 of Maps oil file in the office of the County Recorder of said County. R 10118'17 EXHIBIT "C -r" Legal Description for Bridge Easement on Ackennan Property That portion of Lot 7 of Tract 2294 located in the City of San Luis Obispo, Comity of San Luis Obispo, State of California, according to the map filed for record May 30, 2000 in Book 19 at Page 17 of Maps on file in the office of the County Recorder of said County and being more particularly described as follows: Beagilining at a point in the easterly line of said Lot 7 at the beginning of a tangent 984,95 foot radius curve, concave easterly, from which the northwest comer of Lot 15 of Tract 2372, according to the map filed for record December 16, 2001 in Book I I at Pages 25 through 27 of Maps oil file iri the office of the said County Recorder, bears North 05"25'20" West 175,03 feet; thence southwesterly along said curve an arc length of 3.00 feet, through a central angle of 0°27'55'; thence South 84°34'40" West 30.20 feet to a point in the northerly lirre of said Lot 7; thence North 66'30'54" East 31.74 feet to the northeast corner tliereof: thence South 05"25'30" East 1.84 feet, along said easterly line of said Lot 7, to the point of begirming. Containing: 149 square feet, more or less ,AND d �NO. H35& 7 Legal Description prepared by or under the supervision of: Cristi E. Fry, L 35 0/18117 EXHIBff 'C-2' ACKERMAN BRIDGE EASEMENT C', R .4 P H I C SCALE' 1 "=2 m 1.847 D-0'27'55" 1-::=8.00' Date: 16Vf 6117 END OFDOCUMENT 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 San Luis Obispo On November 6, 2017 before me, Heather Suzanne Goodwin, Notary Public (insert name and title of the officer) personally appeared Heidi Harmon 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 wshe/tJ executed the same in bj6/her/thbeir authorized capacity, and that by fjeher/tbeir signature, s�on the instrument the persons , or the entity upon behalf of which the persortW 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) HEATHER SUZANNE GOODWIN Notary Public- California San Luis Obispo County_ Commission A 2198666 My Comm. Expires Jun 21, 2021 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 San Luis Obispo On November 15, 2017 before me, Heather Suzanne Goodwin, Notary Public (insert name and title of the officer) personally appeared _9— in SC -04 YAC -1[{ y -rna- who proved to me on the biosis of satisfactory evidence to be the person(r whose name* is/ate subscribed to the within instrument and acknowledged to me that he/s-he/they executed the same in his/lyw/t1_& authorized capacity(] W, and that by his/ber/their signature(s-) on the instrument the personN-, or the entity upon behalf of which the personN-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 SUZANNE GOODWIN Notary Public - California z San Luis Obispo County WITNESS my hand and official seal. Commission# 2198666 I V My Comm. Expires Jun 21, 2021 Signature! �t�r� (,t�[I\- (Seal) 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 vaHdity of that document. State of California County of San Luis Obispo On November 15, 2017 before me, Heather Suzanne Goodwin, Notary Public (insert name and title of the officer) personally appeared. k1q +y -j nA- who proved to me on the basis of satisfactory evidence to be the person*whose name( is/a-re subscribed to the within instrument and acknowledged to me that be/she/they executed the same in ili�s/her/their authorized capacity(), and that by "/her/tbett 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 - Sig natu eal. Signatu�Ywlh. (Seal) HEATHER SUZANNE GOODWIN Notary Public - California San Euis Obispo County f Commission # 2198666 My Comm. Expires Jun 21, 2021 END OF DOCUMENT