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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 T to r JO 0 W O0 �I E O CLO N N 0 of ZI i FO 0 %HIL L BL VD 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' UI00 PO in of �im tn w �L" �LO o Iz 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 z CD z�- N ¢z LLJ V)w w0 oa ww �'� _ja 0n U m r D LAND S J cr) C'_ AN R. LU �C (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 saferoutes.dwg