MEMORANDUM TO: FROM: SUBJECT: CTY COUNCL STEVEN ADAMS, CTY MANAGER~ CONSDERATON OF RECPROCAL EASEMENT AGREEMENT AND REVOCABLE LCENSE RELATED TO ACCESS OF POLCE STATON DRVEWAYS DATE: OCTOBER 28,2014 RECOMMENDATON: t s recommended the Cty Councl: 1) approve a Recprocal Easement Agreement for Common Drveway at the Polce Staton at 200 N. Halcyon Road wth T.L. Berryhll and Alva Sue Berryhll, Wllam J.W. Calder and Candace Calder, as Trustees of the Wllam and Candace Calder Famly Trust, and John Albert Mallory, Trustee of the John Albert Mallory and Patrca Gal Mallory Trust; and 2) approve a Revocable Lcense for ngress and Egress Purposes wth the same partes related to access from the drveway servng the Polce Staton at 200 N. Halcyon Road from Rena Street. MPACT ON FNANCAL AND PERSONNEL RESOURCES: There are no projected future costs or staff tme resultng from the recommended acton. BACKGROUND: t recently came to staffs attenton that there are peculartes regardng the Cty's property lne at the Polce Staton at 200 N. Halcyon Road, whch could mpact access to the vstor parkng, as well as a lack of clarty regardng access rghts to the exstng drveway from Rena Street. At the suggeston of the neghborng property owners, staff has negotated recommended agreements to clarfy and address these ssues. tem 8.h. - Page 1
CTY COUNCL CONSDERATON OF REVOCABLE LCENSE DRVEWAYS OCTOBER 28, 2014 PAGE2 RECPROCAL EASEMENT AGREEMENT AND RELATED TO ACCESS OF POLCE STATON ANALYSS OF SSUES: Followng a dscusson wth the owners of the former Mallory Berryhll Realty buldng south of the Polce Staton and preparaton of a ttle report, t was determned that ther property ncludes a porton of the area needed to access the Polce Staton vstor parkng area and the Cty's property ncludes a porton of the area needed to access ther parkng. As a result, a Recprocal Easement Agreement has been drafted and agreed upon, whch wll provde shared access to both parkng areas. n addton, there s a drveway from Rena Street behnd the Polce Staton secured parkng lot that s used to access busnesses at that locaton, as well as the Polce Staton vstor parkng area. Rghts to utlze that access have never been formally granted and documented. The preference of the adjacent property owners was to nclude t n the Recprocal Easement Agreement. Staff recommends aganst that because t could mpact future flexblty to make changes to the property. However, staff recommends the Cty allow contnued use of the access drveway through a Revocable Lcense and Agreement. t has been dentfed as an mportant access pont for the neghborng busnesses. Staff communcated to the owners that the Cty has no future plans to modfy the drveway at ths tme. ALTERNATVES: The followng alternatves are provded for the Councl's consderaton: Approve staffs recommendatons; Negotate alternate terms; nclude the Rena Street drveway n the Recprocal Easement Agreement; Provde drecton to staff. ADVANTAGES: The Recprocal Easement Agreement wll provde the Cty legal access to ts vstor parkng area and legal access to the neghborng busness. The Revocable Lcense and Agreement mantans secondary access to the neghborng busnesses, mantans future flexblty for the Cty for use of the property, and ndemnfes the Cty for use of the drveway. DSADVANTAGES: No dsadvantages have been dentfed. ENVRONMENTAL REVEW: No envronmental revew s requred for ths tem. PUBLC NOTFCATON AND COMMENTS: The agenda was posted n front of Cty Hall on Thursday, October 23, 2014 and on the Cty's webste on Frday, October 24, 2014. tem 8.h. - Page 2 _j
RECORDNG REQUESTED BY AND WHEN RECORDED RETURN TO: J JOHNSON llaw OFFCE, NC. P.O. BOX 31 GROVER BEAqH, CA 93483 ' A.P.N.: 006~161-019, 006-153-005, 006-153-011, 006-161-020 j RECPROCAL EASEMENT AGREEMENT FOR COMMON DRVEWAY ', Preamble 1 tem 8.h. - Page 3
; : WHEREAS, the Parcel B OWNER owns certan real property, n the Cty of Arroyo Grande, County of San Lus Obspo, State of Calfornajdescrbed as follows: j ' APN 006-153-005 (Parcel 1) : Lots 3 and 4 n Block 10 of the Western Addton to the Town of Arroyo Grahde, n the Cty of Arroyo Grande, County of San Lus Obspo, St~te of Calforna as per map recorded Aprl 10, 1894 n Book B, Pa 1 ge 10 of Maps, n the offce of the County Recorder of Sad Count~. APN 006-153-011 (Parcel 2) : Lots 1 and 2 n Block 10 of the Western Addton to the Town of Arroyo Grapde, n the Cty of Arroyo Grande, County. of San Lus Obspo, State of Calforna as per map recorded Aprl 10, 1894 n Book B, Pcl.ge 10 of Maps, together wth that porton of Cornwall Avenue ababdoned by Resoluton recorded r-1ay 16, 1989 as nstrument ; No. 30686 n Book 3316, Page 508 of Offcal Records that would pass.. ~ w1th t1tle. r t APN 006-161-020 (Parcel 3) : Lots 16, 1~7, 18 and 19 n Block 1 of the Western Addton to the Town of Arroyo Grande, n the Cty of Arroyo Grande, County of San Lus ObspJ, State of Calforna as per map recorded Aprl 10, 1894 n Book B, Page 10 of Maps, together wth that porton of Cornwall Avenue abandoned by Resoluton recorded May 16, 1989 as nstrument No. 30686 n Book 3316, Page 508 of Offcal Records that would pass l wth ttle.j ' l WHEREAs, the partes, to acqure certan rghts other; ; Now, dherefore, t s agreed as follows: ( Parcel A OWNER and Parcel B OWNER desre n the Servent Tenement owned by the ' Grant of Easements f 1. For valuable consderaton n the form of recprocal easements granted hefen, Parcel A OWNER hereby grants to Parcel B OWNER and Parcel B OWNER hereby grants to Parcel A OWNER recprocal easements as herena~ter ' descrbed. 2. The easements Tenements 4escrbed J Character of Easements granted heren are appurtenant heren. to the Domnant 2 tem 8.h. - Page 4
Descrpton of Easements 3. The easements granted heren are for common shared drveway, for ngress and egress, emergency access and publc utltes. 1 Locaton 4. The c~mmon drveway easement for the beneft of "Parcel A owner" s descrbed n "Exhbt A" attached hereto. The common drveway e~sement for the beneft of "Parcel B owner" s descrbed n "ExhbtB" attached hereto. Mantenance 5. a. The partes shall each pay one-half ( 1/2) of the mantenance of the common drveway, and any common utl tes. Each party shalf pay for the mantenance of separate utl tes located wthn the ~asement. b. B~ds for mantenance and repar shall be obtaned for from at least ~wo (2) contractors. f any party to ths easement agr$ement s a publc agency that s requred to pay more to ) contractors; (.e. "prevalng wage"), then each contractor shall submt a bd for a publc agency and a bd for a prvate owner. The prvate owner party to ths agreement shall pay one-half (1/2) of the prvate: owner bd and the publc agency shall pay the balance due to the 6ontractor. c. Ahy damages done durng constructon shall be repared by the party dbng constructon. ; f t Exclusveness of Easements 6. The ea~ements granted heren are for the exclusve, mutual use 1 of Parcel A OWNER and Parcel B OWNER C.nd ther n v tees, and no other part~s 7. The easements mantenance~ repar, ' ~ ) 1 shall be allowed access or use thereof. Secondary Easements granted heren nclude and replacement. ncdental rghts of, Entre Agreement/Modfcatons 8. Ths nstrument contans the entre agreement between the partes re~atng to the rghts heren granted and the oblgatons heren as$umed. Any oral representatons or modfcatons ; concernng jths nstrument shall be of no force and effect. No modfcatop, amendment, waver, dscharge or change of ths easement s~all be vald unless sgned by all of the owners and sgned by lthe Plannng Drector (or other government offcal currently clerformng that functon) for the Cty of Arroyo Grande and recorde~ n offcal records of the County of San Lus Obspo. ; 3 tem 8.h. - Page 5
1 Attorney's Fees 9. n thelevent of any controversy, clam, or dspute relatng to ths nstru~ent or the breach thereof, the prevalng party shall be enttled tq recover from the losng party reasonable expenses, attorney's ~ees, and costs. Bndng Effect 10. Ths hstrument shall be bndng on and shall nure to the beneft of ~the hers, executors, admnstrators, successors, and assgns of Parcel A OWNER and Parcel B OWNER. N WtNESS WHEREOF, the partes hereto have executed ths Agreement t~e day and year frst above wrtten. [ \ Parcel A OWNERS: Parcel B OWNER: T.L. BERRYHLL l Cty of Arroyo Grande by: ALVA SUE BERRYHLL WLLAM J.W CALDER, Co-Trustee of thej"wllam and Candace Calder Famly Trust Date~ September 29, 1987" (Prnted name), Mayor, Cty Clerk CANDACE CALDER, Co-Trustee of the"wllam and Candace Calder Famly Trust Date8 September 29, 1987", (Prnted name) JOHN ALBERTjMALLORY, Trustee of the "J6hn Albert Mallory and Pat~ca Gal Malory 1976 Trust Dated March 1, 1976" 4 tem 8.h. - Page 6
State of C~lforna County of ~an Lus Obspo On 2014 before me, Notary Puqlc, personally appeared T.L. BERRYHLL and ALVA SUE BERRYHLL who proved to me on the bass of satsfactory evdence to l be the persons whose names are subscrbed to the wthn nstrument the same n ther and ackno~ledged to me that they executed authorzedj capactes, and that by ther nstrument j the persons, or the entty upon persons acbed, executed the nstrument. sgnatures on behalf of whch certfy tmder PENALTY OF PERJURY under the laws of the State of Calforna that the foregong paragraph s true and correct. ) WTNESS my {hand and offcal seal. the the Notary Pub~c State of cdlforna ' County of San Lus Obspo ) On 2014 before me, Notary Publc, personally appeared WLLAM J. W. CALDER and CANDACE CALDER whoproved to me on the bass of satsfactory evdence to be the persons whose names are subscrbed to the wthn nstrument and acknowledg~d to me that they executed the same n ther authorzed capactes,; and that by ther sgnatures on the nstrument the persons, o'r the entty upon behalf of whch the persons acted, executed tle nstrument. ;' certfy pnder PENALTY OF PERJURY under the laws of the State of Calforna jthat the foregong paragraph s true and correct. WTNESS myhand and offcal seal. Notary PubJlc 5 tem 8.h. - Page 7
State of Calforna County of skn Lus Obspo ; On 2014 before me, Notary PublfC, personally appeared JOHN ALBERT MALLORY who proved to me on the bhss of satsfactory evdence to be the person whose name s subscrb~d to the wthn nstrument and acknowledged to me that he executed the same n hs authorzed capacty, and that by hs sgnature o~ the nstrument the person, or the entty upon behalf of whch the p$rson acted, executed the nstrument. certfy Calforna l ' under PENALTY OF PERJURY under the laws of the State of that ' the foregong paragraph s true and correct. WTNESS my fuand and offcal seal. Notary Publc ' State of calforna County of S~n Lus Obspo On 2014 before me, Notary Publ~c, personally appeared l who proved to me on the bass of satsfactory evdence to be the person who$e name s subscrbed to the wthn nstrument and. acknowledged to me that he executed the same n hs authorzed capacty, abd that by hs sgnature on the nstrument the person, or the entty( upon behalf of whch the person acted, executed the nstrument. [ l certfy Jnder PENALTY OF PERJURY under the laws of the State of Calforna that the foregong paragraph s true and correct. WTNESS my ~and and offcal seal. Notary Publc 6 tem 8.h. - Page 8
f l State 6f Calforna County of San Lus Obspo On 1 2014 before me, Notary Publc, personally appeared who proved to me on the bass of satsfactory evdence to be the person whose name s subscrbed to the wthn nstrument and acknowledged ' to me that she executed the same n her authorzed capacty, a~d that by her sgnature on the nstrument the person, or the entty upon behalf of whch the person acted, executed the nstrument. certfy under PENALTY OF PERJURY under the laws of the State of Calforna that the foregong paragraph s true and correct. l WTNESS my nand and offcal seal. Notary Publ.Jlc. OpenFles/Berryh ll, T. J /Ease:n.ent forco:r..-nor.dr veway j 7 tem 8.h. - Page 9 J
EXHBT "A" EASEMENT FOR NGRESS AND EGRESS PURPOSES FOR THE BENEFT OF "PARCEL A OWNER" t ' t ALL THAT CERTAN REAL PROPERTY STUATE N THE COUNTY OF SAN LUS PBSPO, STATE OF CALFORNA DESCRBED AS FOLLOWS: A PO~TON OF PARCEL 4, OF THAT CERTAN GRANT DEED AS DOCUMENT NUMBER 52640, N BOOK 2534 AT PAGE 323 OF OFFCAL RECORDS, S.B.B. &M., FLED ' N THE COUNTY OF SAN LUS OBSPO, STATE OF CALFORNA, TOGETHER WTH THAT PORTON OF COR WALL AVENUE BY A RESOLUTON OF THE ' CTY COUNCL OF THE CTY OF ARROYO GRANDE, A CERTFED COPY( ' OF W-TCH RECORDED MAY 16, 1989 AS DOCUMENT NUMBER 30686 'N BOOK 3316 AT PAGE 508 OF OFFCAL RECORDS, S.B.B. &M;, FLED N THE '. COUNTY OF SAN LUS OBSPO, STATE OF CALFORNA BENG MORE. PARTJCULARL Y DESCRBED AS FOLLOWS: THE WESTERLY TWENTY FEET OF PARCEL 4 AS DESCRBED N BOOK 2534 AT PAGE 323 OF OFFCAL RECORDS TOGETHER WTH THE WESTERLY. t -. - -.. TWE)lTY FEET OFTHAT PORTON OF COR WALL AVENUE AS DESCRBED N BOOK3316 AT PAGE 508 OF OFFCAL RECORDS. CONTtANNG 0.071 ACRES, MORE OR LESS PAGEl OF2 tem 8.h. - Page 10
/ EXHBT 'All (Page 2) SCALE: 1"=40'. CORNWALL AVENUE N66"57'00"E N66"57'00"E 148.59' l$;'r -..., 4 r- 3-4_ 1 -~--;;-~_ ~r ~_, 7 ~ 3 -.:..:... 7-0 =-.-~-~N~6-6_.-s7~::,;;\~~~~~~~~;;...~~r=- 0 tj;' 20' ~~..: E SEMENT v E f..(jt''l.~/ --~~y"' /.0&0.. ~~ 17-3-.?...;;o..;.;;.;.;,:;.;;~-oo-~o- '-~:;';..., l "'..., ~.~ PARCEL 3 PARCEL 4 r"'- 1/j,."N & f/oll;;.:; L /; c,;;" & 8800 2534 0 R 323 01. O.R.200501.:....~'' '~..,...,..., g"-~ 0.,... APN 006-161-019 :~~~ :~.:;:; APN 006-161-020 1\) ~~~~)~:~~; ~ 22 ±O.::AC 2Q l~ ~~ 3 SA~7 /?5170' '. REFERENCES: Rl--B MB 10 ' R2--AMB56. R3--13 LS. 91, Dl--O.R. 200S01B800 D2-~2534 O.R. 3:b D3--3316 O.R. 508 LEGEND: PARCEL BOUNDARY EASEMENT EASEMENT AREA ADJACENT PROPERTY UNES NTEROR LOT LNES CENTER LNES l PLAN LNE > PLATNOTE: 15 25~ 866"57'00'. 226.75 --------- ~~.:~ ~;-~~ ~: ~\.~~: -~~..\~:~~:~.. ~.. ~..\ THS.PLAT DOES NOT CONSTTUTE A LEGAL DESCRPTON OF THE LOTS OR PARCELS DEPCTED AND DOES NOT SHOW ALL EASEMENTS.OF RECORD ON OR AFFECTNG SAD LOTS OR PARCELS, AND S; BASED SOLELY ON RECORD DOCUMENTS.. ' 13 12.....;::,_ 16 (/) V : w - --l 0 MJ w 0 q t>... Ut Ut 0 q ~ >-jl ~ >-jl EASEMENT ACROSS PARCEL 4 FOR NGRESS AND EGRESS FOR THE BENEFT OF PARCEL 3. PARCEL 4 N BOOK 2534 AT PAGE 323 OF OFFCAL RECORDS, S.B.B. & M, FLED N THE COUNTY OF SAN LUS OBSPO, STATE OF CAUFORNA, TOGETHER WJTH THAT PORTON OF CORWALL AVENUE AS DESCRBED N BOOK '3316 AT PAGE 508 OF OFFCAL RECORDS. FOR THE CTY OF ARROYO GRANDE, CA 300 EAST BRANCH ST. ARROYO GRANDE, CA 93420 BY GARNG TAYLOR & ASSOCATES. 141 S. ELM ST. ARROYO GRANDE, CA 93420 PH: (805) 489-1321 F.X: (805)489-6723 SEPTEMBER, 2014 SHEET 2 OF 2 tem 8.h. - Page 11
EXHBT "B" E~SEMENT FOR NGRESS AND _EGRESS PURPOSES FOR THE BENEFT OF "PARCEL B OWNER" r ' ALL THAT CERTAN REAL PROPERTY STUATE N THE COUNTY OF SAN LUS pbspo, STATE OF CALFOR.l\fA DESCRBED AS FOLLOWS: ' t A PO~TON OF PARCEL 3, OF THAT CERTAN GRANT DEED, DOCUMENT NUMBER 20050018800, S.B.B. &M., FLED N THE COUNTY OF SAN LUS OBS:pO, STATE OF CALFORNA, BENG MORE PARTCULARLY DESCRBED ASFGLLOWS: COMMENCNG AT THE CENTERLNE-CENTERLNE NTERSECTON OF NORTH ' HALCYON ROAD AND CORNWALL A VENUE AS DEPCTED ON THAT. CERJAN MAP, BOOK 13 OF LCENSED SURVEYS AT PAGE 9, S.B.B. &M., FLED_N THE COUNTY OF SAN LUS OBSPO, STATE OF CALFORNA, THENCE LEAVNG SAD NTERSECTON, RUNNNG ALONG THE CEN~ERLNE OF CORNWALL A VENUE, NORTH 66 57'00" EAST A DSTANCE OF 43).41 FEET TO A PONT. SAD PONT BENG THE NTERSECTON OF THE CEN~ERLNE OF CORNWALL A VENUE AND THE NORTH HALCYON PLAN LNE AS DEPCTED ON THAT CERTAN MAP, BOOK 13 OF LCENSED SURVjEYS AT PAGE 9, S.B.B. &M., FLED N THE COtJNTY OF SAN LUS OBSPO, STATE OF CALFORNA, SAD PONT ALSO BENG THE TRUE PONT '. OF BEGTh'NNG; THENCE CONTNUNG ALONG THE CENTERLNE OF CORNWALL A VENUE, NOR'FH 66 57'00" EAST, A DSTANCE OF 48.59 FEET TO A PONT;.. THENCE LEAVNG CENTERLNE OF CORNWALL AVENUE, SOUTH 23 03'00" EAST~ A DSTANCE OF 20.00 FEET TO A PONT;. THE'{CE SOUTH 66 57'00" WEST, A DSTANCE OF 21.70 FEET MORE OR LESS TO A 1PONT ON THE NORTH HALCYON PLAN LNE;. THENCE RNNNG ALONG THE NORTH AHLCYON PLAN LNE NORTH 00 11 30" EAST, A DSTANCE-OF 21.70 FEET, MORE OR LESS, TO THE TRUE PONOC OF BEGLNNNG; l ' CONlfANNG 0.024 ACRES, MORE OR LESS PAGE OF2 tem 8.h. - Page 12
EXHBT f'b" (Page 2) - ---1 SCALE: 1"=40' 73.70' N66.57' O"E 173.70' 100.00' {':) S... "/ o"":j 8 0 PARCEL3 O.R. 2005018800 APN 006 161-019 ± 0.33 AC 22 21 20 19 P.ARCEL4 2534 O.R. 323 APN 006-161-020 ~ ± 0.35 AC. 18 17 16 {/) tv w 0 w 0 0 tzl -(/1 Ul 0 q ~, : ~ r---31 ~,...,, 15 866 57'00' 226.75 25' (TYP) 13 14 12 REFERENCES: R--B MB 10 R2--AMB 56 R3--13 L.S. 91 D 1--0.R. 2005018800 '. D2--2534 O.R. 323 D3--3316 O.R. 508 LEGEND: PARCEL BOUNDA8Y EASEMENT EASEMENT AREA ADJACENT PROPERTY LNES NTEROR LOT LNES CENTER LNES PLAN LNE TRUE PONT OF BEGNNNG PONT OF COMMENCEMENT. l. PLATNOTE: j ---------.:: ~~:~ \~~::~::~ -~\.:.~~~ ~~~~::_:: T.P.O.B. P.O.C. THS PLAT DOES NOT CONSTTUTE A LEGAL DESCRPTON OF THE LOTS OR PA~CELS DEPCTED AND D.OES NOT.SHOW ALL. EASEMENTS OF RECORD ON OR AFFECTNG SAD LOTS OR PARCELS, AND ls BASED SOLELY ON RECORD DOCUMENTS. EASEMENT ACROSS PARCEL 3 FOR NGRESS & EGREss FOR THEBENEFT OF PARCEL4. PARCEL 3 OF OFFCAL RECORDS, DOCUMENT NUMBER 2005018800, S.B.B; & M, FLED N THE COUNTY OF SAN LUS OBSPO, STATE OF CALFORNA. FOR THE CTY OF ARROYO GRANDE, CA 300 EAST BRANCH ST. ARROYO GRANDE, CA 93420 BY GARNG TAYLOR & ASSOCATES 141 S. ELM ST. ARROYO GRANDE, CA 93420 PH: (805) 489:-1321 FX: (805)489-6723 SEPTEMBER, 2014 SHEET 2 OF 2 tem 8.h. - Page 13
RECORDNG REQUESTED BY AND WHEN RECORDED, MAL TO: Cty of Arroyo Grande Attn: Cty Clerk 300 E. Branch Street Arroyo Grande, CA 93420 (Ths Space For Recorder's Use Only) Fee Exempt per GC Sectons 6103 and 27383 GRANT OF REVOCABLE LCENSE AND AGREEMENT AFFECTNG REAL PROPERTY THS GRANT OF REVOCABLE LCENSE AND AGREEMENT AFFECTNG REAL PROPERTY ("AGREEMENT") s made ths day of, 2014 by and between the CTY OF ARROYO GRANDE, (the "CTY"), a muncpal corporaton and T.L. BERRYHLL AND ALVA SUE BERRYHLL, WLLAM J.W. CALDER AND CANDACE CALDER, AS TRUSTEES OF THE WLLAM AND CANDACE CALDER FAMLY TRUST DATED SEPTEMBER 29,1987, AND JOHN ALBERT MALLORY, TRUSTEE OF THE JOHN ALBERT MALLORY AND PATRCA GAL MALLORY 1976 TRUST DATED MARCH 1, 1976 (herenafter referred to collectvely as "LCENSEE"). WHEREAS, CTY s the owner of real property (the "Cty Property") located at 200 N. Halcyon Rd, Arroyo Grande, Calforna, (APN 006-161-020) whch contans a drveway access to Rena Street (the "Drveway") whch Drveway s more partcularly descrbed n Exhbt "A" and depcted n Exhbt "B", both of whch are attached hereto and ncorporated heren by ths reference. The Drveway s dentfed as "Parcel 1" n Exhbts "A" and "B"; and WHEREAS, LCENSEE s the owner of certan real property (the "Lcensee Property") located at 120 N. Halcyon Rd, Arroyo Grande, Calforna (APN 006-161-019) whch s adjacent to the Cty Property. The Lcensee Property s dentfed as "Parcel 3" and the Cty Property s dentfed as "Parcel 4" n Exhbt "B"; and WHEREAS, LCENSEE desres to utlze the Drveway to access Rena Street from the Lcensee Property; and tem 8.h. - Page 14
WHEREAS, CTY s wllng to allow LCENSEE to utlze the Drveway, subject to the terms and condtons set forth heren. NOW, THEREFORE, n consderaton of the terms and condtons contaned heren, the partes agree as follows: 1. CTY hereby grants to LCENSEE a revocable lcense to use the Drveway for ngress and egress to the Lcensee Property, subject to the terms and condtons contaned heren. 2. LCENSEE agrees to hold harmless and ndemnfy CTY from any and all labltes, damages, costs, clams, causes of acton, complants or proceedngs of any knd or nature arsng or alleged to arse from the use of the Drveway by LCENSEE, ther agents, guests, nvtees, assgns or successors n nterest, of any knd. 3. CTY may mmedately revoke ths Lcense wthout notce for a breach of or falure to comply wth any of the terms and condtons set forth heren; CTY may revoke ths Lcense wthout cause upon thrty (30) days wrtten notce to LCENSEE. 4. Ths Agreement shall be bndng upon the successors n nterest of any knd to the property. 5. n the event oflegal acton to enforce the terms and condtons of ths Agreement, the prevalng party shall be enttled to recover ther costs, ncludng reasonable attorney fees. N WTNESS WHEREOF, the partes have executed ths Agreement on the day and year frst wrtten above. CTY OF ARROYO GRANDE LCENSEE: By: STEVEN ADAMS, Cty Manager* T.L BERRYHLL* 2 tem 8.h. - Page 15
ALVA SUE BERRYHLL* ATTEST: KELLY WETMORE, Cty Clerk WLLAM J.W. CALDER, as Trustee of the Wllam and Candace Calder Famly Trust dated September 29, 1987* APPROVED AS TO FORM: CANDACE CALDER, as Trustee of the Wllam and Candace Calder Famly Trust dated September 29, 1987* TMOTHY J. CARMEL, Cty Attorney [* sgnatures must be notarzed] JOHN ALBERT MALLORY, as Trustee of the John Albert Mallory and Patrca Gal Mallory 1976 Trust dated March 1, 1976* 3 tem 8.h. - Page 16
EXHBT "A" REVOCABLE LCENSE FOR NGRESS AND EGRESS PURPOSES FOR THE BENEFT OF PARCEL 3 PARCEL ALL THAT CERTAN REAL PROPERTY STUATE N THE COUNTY OF SAN LUS OBSPO. STATE OF CALFORNA DESCRBED AS FOLLOWS: A PORTON OF PARCEL 4, OF THAT CERTAN GRANT DEED AS DOCUMENT NUMBER 52640, N BOOK 2534 AT PAGE 323 OF OFFCAL RECORDS, S.B.B. &M., FLED N THE COUNTY OF SAN LUS OBSPO, STATE OF CALFORNA, BENGMORE PARTCULARLY DESCRBED AS FOLLOWS: THE SOUTHERLY FOURTEEN FEET OF PARCEL 4 OF THAT CERTAN GRANT DEED AS DOCUMENT NUMBER 52640, N BOOK 2534 AT PAGE 323 OF OFFCAL RECORDS, S.B.B. &M., FLED N THE COUNTY OF SAN LUS OBSPO, STATE OF CALFORNA, CONTANNG 0.071 ACRES, MORE OR LESS PAGE OF tem 8.h. - Page 17
SCALE: 1"=40' 15 73.70' PARCEL3 O.R. 2005018800 APN 006-161-019 ± 0.33 AC 22 21 20 866 57'00 w 226.75 CORNWALL AVENUE N66 57'00"E 148.59' 100.00' ---1 N66 57' O"E 173.70' 1 0 00' : C/) tv ~ 0 Ml PARCEL4 ~ 0 2534 O.R. 323 q t APN 006-161-020 ~... ~ ± 0.35 AC. 19 14'18 RE OCABLE L CENSE 13 12 ::cl 0 q "0 17 16 tl tl ~ ~, ~ REFERENCES: R1--B MB 10 R2--A MB 56 R3--13 L.S. 91 D 1--0.R. 2005018800 D2--2534 O.R. 323 D3--3316 O.R. 508 LEGEND: PARCEL BOUNDARY EASEMENT EASEMENT AREA ADJACENT PROPERTY LNES NTEROR LOT LNES CENTER LNES PLAN LNE PLAT NOTE: THS PLAT DOES NOT CONSTTUTE A LEGAL DESCRPTON OF THE LOTS OR PARCELS DEPCTED AND DOES NOT SHOW ALL EASEMENTS OF RECORD ON OR AFFECTNG SAD LOTS OR PARCELS, AND S BASED SOLELY ON RECORD DOCUMENTS. REVOCABLE LCENSE ACROSS PARCEL 4 FOR NGRESS AND EGRESS FOR THE BENEFT OF PARCEL3. PARCEL 4 N BOOK 2534 AT PAGE 323 OF OFFCAL RECORDS, S.B.B. & M, FLED N THE COUNTY OF SAN LUS OBSPO, STATE OF CALFORNA. FOR THE CTY OF ARROYO GRANDE, CA 300 EAST BRANCH ST. ARROYO GRANDE, CA 93420 BY GARNG TAYLOR & ASSOCATES 141 S. ELM ST. ARROYO GRANDE, CA 93420 PH: (805) 489-1321 FX:. (805)489-6723 SEPTEMBER, 2014 SHEET 1 OF 1 tem 8.h. - Page 18