HomeMy WebLinkAboutD-2134 Bicycle Path Easement Deed Church of Jesus Christ of Latter-day SaintsRECORDINU REQUESTED BY;
FIRST AMERICAN TITLE COMPANY
55-7�3L,'tI-.a-'bk
Recording requested by:
Hamner, Jewell & Associates
Government Real Estate Services
When recorded, return to:
City of San Luis Obispo
Department of Public Works
Attn: Adam Fukushima
919 Palm Street
San Luis Obispo, CA 93401
"This document was electronically submitted
to San Luis Obispo County for recording"*
2018051365
Tommy Gong
San Luis Obispo - County Clerk -Recorder
12/14/2098 12:19 PM
Recorded at the request of
FIRST AMERICAN TITLE COMPANY
Titles:I Pages: 12
Fees: $0.00
Taxes: $0.00
Total: $0.00
APN: 052-162-025 No Fee pursuant to Gov. Code sec. 6103
No Documentary Transfer Tax per R&T Code sec. 11922
No Recording Fee per Gov. Code sec. 27383
EASEMENT DEED
(for Public Trail Purposes)
For valuable consideration, receipt of which is hereby acknowledged,
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a
Utah corporation sole (hereinafter called "Grantor"),
hereby grants to the
City of San Luis Obispo ("City"),
the following described interests in real property located in the City of San Luis Obispo, County
of San Luis Obispo, State of California:
An exclusive easement for a multipurpose public recreational trail ("Public Trail") and all
purposes incidental thereto, such as walking, jogging, running, skating, biking, maintenance,
repair and all related uses (the "Trail Easement") in, on, over, under, along and across that
portion of Grantor's property that is legally described in Exhibit A and graphically depicted on
Exhibit B, each attached hereto and incorporated herein by this reference (the "Easement Area").
Grantor and City acknowledge that this Trail Easement is in gross and not appurtenant to any
dominant tenement.
TOGETHER WITH, a temporary easement for construction and access ("Temporary
Construction Easement"), including the right to pile earth thereon, store materials, supplies and
equipment thereon, and utilize said Temporary Construction Easement for all other related
activities and purposes in conjunction with the San Luis Obispo City Safe Routes to School
Project, in, on, over, under, along, and across that certain property described and depicted in
Rev. 2018-08-29 City of SLO/LDS Church/Pubfic Trail Easement Deed
Page 1 of 8 4826-2193-8032
(J zk3 y
Exhibits "A" and `B" attached hereto and incorporated herein by this reference (the "Temporary
Easement Area").
The Trail Easement and Temporary Construction Easement are granted herein pursuant to the
following terms and conditions:
1. Term of Temporary Construction Easement. The 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 6 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 additional 1 -month increments if City determines
that additional time beyond the initial period is necessary for construction completion. In such
case, City shall have the unilateral right to extend the Temporary Construction Easement through
construction completion and agrees to compensate Grantor ONE THOUSAND SIX HUNDRED
FIFTEEN DOLLARS ($1,615) for each 1 -month extension term exercised. Payment for any
such extensions shall be paid by City to Grantor concurrent with City's written notice to Grantor
of City's intent to exercise such extension provisions.
2. restoration of Grantor Propgdy. The City, at its sole cost and expense, shall repair any damage
caused by the City or the City's affiliates, representatives, officers, directors, shareholders, employees,
agents, contractors, tenants, licensees, invitees, guests, successors, and assigns (collectively the "City's
Agents") to the Temporary Easement Area and shall restore the Grantor's property and the improvements
thereon to the same or better condition as they existed prior to any entry onto or work performed on the
Temporary Easement Area by the City or the City's Agents. The City's restoration responsibilities shall
also include, but not be limited to: (i) removal of all improvements, equipment or materials which it has
caused to be placed upon the Temporary Easement Area;'(ii) mounding of the same topsoil which was
originally removed in the excavation process, in all areas excavated by the City such that the mounded areas
shall settle to the approximate depth of the surrounding surface after the construction activities; (iii) the
filling in and repairing of all other portions of the Grantor's property which are damaged, rutted or otherwise
disturbed as a result of the City's operations with the same topsoil existing prior to said construction
activities as necessary such that all disturbed areas are ready for re -vegetation; (iv) compacting the soil after
it is backfilled to a density acceptable to Grantor; (v) grading the areas in which the soils were removed and
relocated; and (vi) leaving the Grantor's property and the Temporary Easement Area in a condition which
is clean, free of debris and hazards which may be caused by the City's activities, and subject to neither,
environmental hazards, nor liens caused by the City's activities.
3. Construction of the hnpmvernents. The Public Trail and all related improvements
(collectively the "Improvements") shall be constructed by the City at its sole cost and expense and
in a good and workmanlike manner.
4. Condition of Easement Area/Title. CITY ACCEPTS THE EASEMENT AREA,
TEMPORARY EASEMENT AREA AND ALL ASPECTS THEREOF IN "AS IS," "WHERE IS"
CONDITION, WITHOUT WARRANTIES, EITHER EXPRESS OR IMPLIED, "WITH ALL
FAULTS," INCLUDING, BUT NOT LIMITED TO BOTH LATENT AND PATENT DEFECTS,
AND THE EXISTENCE OF HAZARDOUS MATERIALS, IF ANY. CITY HEREBY WAIVES
ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING. THE TITLE, CONDITION,
Rev. 2018-08-29 City of SLO/LDS Church/Public Trail Easement Deed
Page 2 of 8 4826-2193-8032
AND USE OF THE EASEMENT AREA AND TEMPORARY EASEMENT AREA,
INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CITY RELEASES
AND WAIVES ANY AND ALL CLAIMS AGAINST GRANTOR RELATING TO THE
CONDITION OF THE EASEMENT AREA AND TEMPORARY EASEMENT AREA,
INCLUDING, BUT NOT LIMITED TO, ANY ENVIRONMENTAL MATTERS.
5. Use of Easement Area.
5.1 City agrees that the Easement does not permit on the Easement Area any nuisance
or disruptive activity that is an annoyance or a nuisance to a church or private dwelling located
nearby.
5.2 City shall not convey its interests in the Easement Area to any other party without
the prior written consent of Grantor, which may be granted or withheld in Grantor's sole discretion.
Any transfer without Grantor's consent shall be null and void.
53 The Easement is solely limited to the purpose of the terms of this Agreement, and
does not include any of the following rights or activities: (i) any waste or damage to the Easement
Area; (ii) any public or private nuisance, including, but not limited to, any use that creates
objectionable noises, odors, dust, smoke, gases, light, vibration, or disturbances or increases the
risk of fire, explosion, or radioactive hazards on the Easement Area; (iii) any public or private
nuisance or disruptive activity that is an annoyance or a nuisance to a church or private dwelling
located nearby; (iv) any action that defaces, damages, or harms the Easement Area, except to the
extent such action is expressly authorized herein; (v) connecting any lights, apparatus, trailers,
machinery, or other equipment servicing the Easement Area and the structures thereon to any
utility service provided to the Grantor's property; (v) the installation, maintenance, or use of an
underground storage tank; and (vi) any violation of any Legal Requirements (defined below).
5.4 Except for the rights granted to City pursuant to this Agreement, neither City, nor
anyone claiming by, through, or under City, has any rights, title or interest in any other portion of
the Grantor's property. Notwithstanding anything to the contrary or otherwise stated herein,
Grantor, and its successors and assigns, reserve and retain the right to restore the Easement Area
in the event of subsidence or a land slide, which restoration right shall include the right: (i) to
access the Easement Area with mechanical equipment/tractors and heavy earth moving equipment,
(ii) to excavate and grade the Easement Area, (iii) to place vegetation, trees, shrubs, and utilities
on the Easement Area, and (iv) to receive reimbursement from the City for any costs associated
therewith.
6. Maintenance. City, at its sole cost and expense, shall maintain the Easement Area in a
clean, good and workmanlike condition, free from man-made debris, litter, and trash.
7. Reservation by Grantor. Grantor reserves the right to install a driveway and driveway
apron onto Foothill Boulevard perpendicularly across the Easement Area in conjunction with
future development on Grantor's property. Grantor acknowledges that the specific design, width,
and location of said driveway shall not unreasonably interfere with the Public Trail and shall be
subject to City's engineering standards and must undergo City's development review and approval
Rev. 2018-08-29 City of SLO/LDS Church/Public Trail Easement Deed
Page 3 of 8 4826-2193-8032
process and all modifications and costs associated with such installation shall be borne solely by
Grantor or its successors in interest.
8. Development I38ueS. As a material condition of this transaction, Grantor and City agree
that this transaction will not cause adverse conditions or requirements to be placed upon the
Grantor's property or the Easement Area, and that the Grantor's property and the Easement Area
are compliant with all applicable land use codes and ordinances. The Easement Area will continue
to be part of the legal parcel that includes the Grantor's property. As such, the Easement Area will
be included and considered toward development approvals (i.e., setbacks, landscaping, open space,
density, zoning, etc.).
9. Compliance with Le al Requirements. City will comply with all applicable Legal
Requirements. "Legal Requirements" means all existing or future laws, statutes, codes, acts,
ordinances, rules, regulations, orders, judgments, decrees, injunctions, rules, regulations, permits,
licenses, authorizations, directions, and requirements of and agreements with all applicable
governments, departments, commissions, boards, courts, authorities, agencies, officials and
officers, foreseen or unforeseen, ordinary or extraordinary, including, without limitation, any and
all building, zoning, and land use laws and any laws related to the control and regulation of
hazardous substances.
10. indemnification and Release. City shall, at City's sole expense and with counsel
reasonably acceptable to Grantor, defend and hold harmless Grantor from and against all claims,
losses, costs, damages, expenses, liabilities, liens, actions, causes of action, assessments, fines and
penalties of any kind, including court costs and attorneys' fees, actually incurred from any cause
other than Grantor's gross negligence or willful misconduct, arising out of or relating directly or
indirectly to this Agreement. This provision extends to and includes claims for: (i) the acts and
omissions of the City, the City's guests or the public; or (ii) the use of the Easement Area or the
exercise of the rights granted hereunder by the City, the public or the City's Agents.
City acknowledges that it accesses and uses the Easement Area at City's sole risk and hazard
and, without limiting the generality of the foregoing, City agrees that Grantor shall not be
responsible for any harm, damage, or injury that may be suffered or incurred by City or City's
Agents, associated with the physical condition of the Easement Area. City, for itself and City's
Agents, hereby releases, remises, acquits, and forever discharges Grantor from any and all claims
and causes of action that may arise on account of injury to persons, loss of life, and damage to
property associated with City's and the City's Agents' entry upon or use of the Easement Area.
This provision shall survive the termination of the Easement and this Agreement.
11. Liens. City shall keep the Easement Area and the Grantor's property free from any liens
arising out of any work performed, materials furnished, or obligations incurred by or for City. City
hereby indemnifies, holds harmless and agrees to defend Grantor from and against any and all
liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of
laborers or materialmen or others for work performed or materials or supplies furnished to or for
City or persons claiming under City. In addition, City will be liable to defend Grantor in any
lawsuit filed by any contractor or subcontractor relating to the any work performed on the
Easement Area or Temporary Easement Area by City and as set forth herein. Where liens have
Rev. 2018-08-29 City of SLO/LDS Chureb/Public Trail Easement Deed
Page 4 of 8 4826-2193-8032
been filed against the Grantor's property, by, through, or under City, City will obtain lien releases
and record there in the appropriate county and/or local jurisdiction and provide Grantor with a title
free and clear from any liens of contractors, subcontractors or entities providing materials by,
through, or under City. If City fails to pay or defend Grantor relative to any charge for which a
bond or other lien claim has been filed and City has not given Grantor security to protect the
Easement Area and the Grantor's property, then Grantor may, but shall not be obligated to, pay
the claim. Any such payment by Grantor as well as other costs and reasonable attorneys and
paralegal fees incurred by Grantor in connection therewith (including without limitation copy costs
and consultant and expert fees) shall be immediately due and owing from City to Grantor. This
provision shall survive the termination of the Easement and this Agreement.
12. Legal Fees. In the event of any legal proceedings between the parties, the prevailing party
shall be entitled to have and recover of and from the other party all costs and expenses of suit,
including reasonable attorneys' fees, investigative and discovery costs, court costs, and expert
witness fees, as determined by a court of competent jurisdiction.
13. Notices. All notices, requests, demands, and other communications hereunder shall be in
writing and shall be given by (a) established express delivery service that maintains delivery
records, (b) hand delivery, or (c) certified or registered mail, postage prepaid, return receipt
requested, to the Parties at the following addresses, or at such other address as a party may
designate by written notice in the above manner:
If to GRANTOR: Corporation of the Presiding Bishop of
The Church of Jesus Christ of Latter-day Saints
50 East North Temple, 12th Floor
Salt Lake City, Utah 84150
Attention: Real Estate Services Division
Ref: Property No. 546-2398
Facsimile: (801) 240-2913
If to the City: City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
14. Amendment. This Easement Deed constitutes the entire agreement between the parties and
cannot be modified without the written approval of both parties.
15. Miscellaneous.
a. Nothing herein shall be deemed to create the relationship of principal and agent, or
partnership or joint venture or any association between City and Grantor.
b. The agreements and rights described herein shall run with and be considered
appurtenant to the land and shall be binding upon and shall inure to the benefit of all successors
hereto.
Rev. 2018-08-29 City of SLO/LDS Church/Public Trail Easement Deed
Page 5 of 8 4826-2193-8032
C. Any provision of this Agreement determined to be in violation of any law shall be
void, but shall not affect the validity and enforceability of any other provisions hereof.
d. This Agreement shall be construed according to and governed by the laws of the
State of California.
GRANTOR:
Corporation of the Presiding Bishop of the
Church of Je� Christ of Latter-day Saints, a Utah corporation sole
r
� r �
By: � � Date:
Terry/F. Rudd
Title: AUTHORIZED AGENT
Rev. 2018-08-29 City of SLO/LDS Church/Public Trail Easement Deed
Page 6 of 8 4826-2193-8032
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 Utah
County of Salt Lake
On —before me, .,yl !�(rjAanA , Notary
Public, personally appeared Terry F. Rudd, 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 Utah that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
LAUREN MECHAM
WTARY PtfflW * STA,'E OF VDW
Signatu e (Seal) a COMMISSION NO. 683260
iota COMM. EXP. 08/01/2019
Rev. 2018-08-29 City of SLO/LDS Church/Public Trail Easement Deed
Page 7 of 8 4826-2193-8032
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo hereby accepts for public purposes the real
property, or interest therein, described in that Deed dated 10 1 W-209, from
Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah
corporation sole, Grantor therein, to the City, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this & day of Cern 6( -e,� , 2018.
CITY OF SAN LUIS OBISPO
By
ATTEST:
City Clerk
Rev. 2018-08-29 City of SLO/LDS Church/Public Trail Easement Deed
Page 8 of 8 4826-2193-8032
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 December 6, 2018
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 nameW ism
subscribed to the within instrument and acknowledged to me that 0/shen"y executed the same in
tW/her/tlj& authorized capacity(*), and that by Ws/her/tt r signatune* on the instrument the
personX, or the entity upon behalf of which the personS,*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. IF
HEATHER SUZANNE GOODWIN
Notary Public - California
iw San Luis Obispo County �
WITNESS my hand and official seal. CCmmission B 21"666
My Comm. Expires Jun 21, 2021
I9
Signaturei� 66LW (Seal)
EXHIBIT "A"
BICYCLE/PEDESTRIAN PATH EASEMENT
All that certain real property situated in the City of San Luis Obispo, County of
San Luis Obispo, State of California, being a portion Parcel 2 per the Agreement
Declaration of Lot Line Adjustment recorded June 30, 2000, Document No. 2000-
036541, San Luis Obispo County Records.
BICYCLE/PEDESTRIAN PATH EASEMENT
BEGINNING at the Southeast corner of said Parcel 2;
thence from said POINT OF BEGINNING along the South line of said Parcel 2
South 89°30'55" West, 20.00 feet to a line parallel with and 20.00 feet West from
the East line of said Parcel 2;
thence along said parallel line North 0'15'55" East, 399.28 feet to a line parallel
with and 20.00 feet South from the North line of said Parcel 2;
thence along said parallel line South 89°50'34" West, 148.64 feet to the West line
of said Parcel 2;
thence along said West line North 0°09'26" West, 20.00 feet to the Northwest
corner of said Parcel 2;
thence along the North line of said Parcel 2, North 89°50'34" East, 168.79 feet to
the Northeast corner of said Parcel 2;
thence along the East line of said Parcel 2, South 0° 15'55" West, 419.17 feet to
the TRUE POINT OF BEGINNING;
Path Easement containing an area of 11,359 sq.ft. more or less.
TEMPORARY CONSTRUCTION EASEMENT
COMMENCING at the Southeast corner of said Parcel 2;
thence from said POINT OF COMMENCEMENT along the South line of said
Parcel 2 South 89°30'55" West, 20.00 feet to a line parallel with and 20.00 feet
SafeRoutesToSchool Page 1 of 2 1/31/2018
Ramona ToFoothill
West from the East line of said Parcel 2 and the TRUE POINT OF
BEGINNING;
thence from said TRUE POINT OF BEGINNING along said parallel line North
0°15'55" East, 399.28 feet to a line parallel with and 20.00 feet South from the
North line of said Parcel 2;
thence along said parallel line South 89°50'34" West, 148.64 feet to the West line
of said Parcel 2;
thence along said West line South 0°09'26" East, 10.00 feet to a line parallel with
and 30.00 feet South from the North line of said Parcel 2;
thence along said parallel line North 89°50'34" East, 138.57 feet to a line parallel
with and 30.00 feet West from the East line of said Parcel 2;
thence along said parallel line South 0°15'55" West, 389.34 feet to the South line
of said Parcel 2;
thence along the South line of said Parcel 2, North 89°30'55" East, 10.00 feet to
the TRUE POINT OF BEGINNING;
Temporary Construction Easement containing an area of 5,379 sq.ft. more or less.
�..�� 1-31-18
Brian R. Howard PLS 7250 Date
- 1�
No. 725OA-,
El
SafeRoutesToSchool Page 2 of 2 1/31/2018
Ramona ToFoothill
T i
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JO 0
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N 89`50'34" E 168.79'
S 89°50 34" W 148.64 �`
N 89'5034" _E13 -857'_
I
BICYCLE/PEDESTRIAN
PATH EASEMENT-
11,359
ASEMENT11,359 FT
TEMPORARY
CONSTRUCTION
EASEMENT
5,379 FT
PARCEL 2
2000-036541
I
TRUE POINT OF
BEGINNING TEMPORARY
CONSTRUCTION EASEMENT
L4-
_ _ 135.70'
S 89°30'55" W 165.70'
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RAMONA DRIVE
REDDING, CALIFORNIA
EXHIBIT B
Line Table
Line # Direction Length
L1
S 89'30'55" W
20.00
L2
N 0'09'26" W
20.00
L3
N 0°09'26" W
10.00
L4
N 89'30'55" E
10.00
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(L Cr)
`rr No. 7250
OF CNQ�
1-31-18
BRIAN R. HOWARD PLS 7250 DATE
POINT OF BEGINNING
BICYCLE/PEDESTRIAN
PATH EASEMENT
POINT OF COMMENCEMENT
TEMPORARY CONSTRUCTION
EASEMENT
NORTH
50'
Scale: V= 50'
omni -means
A DHD company
DEC. 19, 2017
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