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Home My WebLink AboutResolution 02-89 Alt- RESOLUTION 2-89 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO CONSIDERING THE INTENTION TO VACATE A PORTION OF A SANITARY SEWER EASEMENT IN THE CENTURY PLAZA PARKING LOT AND TO VACATE A PORTION OF A P,U.E. IN THE CENTURY PLAZA PARKING LOT AND CAPISTRANO RIGHT-OF-WAY AND TO VACATE A PORTION OF A SEWER AND WATER EASEMENT IN THE CAPISTRANO RIGHT-OF- WAY PURSUANT TO CHAPTER 3,, SECTION 8320, ET , SEQ. , OF THE STREETS AND HIGHWAYS CODE. NOW, THEREFORE, the Council of the City of Atascadero resolves as follows : 1 . It is the intention of the Citv of Atascadero to consider abandoning (1) a portion of the sanitary sewer easement in the Century Plaza parking lot , (2) a portion of a public utility easement (PUE) in the Century Plaza parking lot and the Capistrano right-of-Way, and (3) a portion of a sewer and water easement in the Capistrano right-of-way, as shown on attached Exhibit A (pages 1-10) and subect to the agreement shown as Exhibit B, pursuant to Chapter 3, Section 8320 et , seq. of the Streets and Highways Code . 2 . The proposed abandonment is categorically exempt from the provisions of the California Environmental Quality Act . (Class 5 ; Section 15305) 3 . Copies of the map showing the particulars of the proposed abandonments are on file in the Communitv Development Department and the Public Works Department . 4 . The City Council shall hold a public hearing at the regularly scheduled City Council meeting to be held February 14 , 1989 at 7 : 00 p .m. or later, in the City Council Chambers , Administration Building, 6500 Palma Avenue. Atascadero. The public hearincr will consider a Resolution of Vacation at which time all persons interested in the proposed vacation may be heard. 5 . The City Clerk shall cause the notice' of this public hearing to be published in the same manner as other Resolutions of the Council . 6 . The Director of Communitv Development shall cause to be posted, conspicuous notices of vacation in compliance with Streets and Highways Code Section 8322 This Resolution was passed and on adopted Januar 24 P 1'' , 1989 . AYES : Councilmen Shiers, Dexter, Lilley, Councilwoman Mackey and Mayor Borgeson NOES . None ABSENT : None ATTEST : BOYD . SHARITZef 1-t— TO-14ITA BORG SON, yor City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: PAUL M. SENSIBAUGH G. J GENSEN Director of Public Works v tt ne City Engineer EXHIBIT B/� r' Recording requested by: When recorded mail to: City of Atascadero 6500 Palma Avenue . Atascadero, CA 93422 APN a9 INDEMNITY AGREEMENT AFFECTINGr REAL PROPERTY THIS AGREEMENT is made and entered into this ?QST day of JAVU 'k , 19 , by and between EL CAMINO ASSOCIATES, a Californi General Partnership, hereinafter referred to as mIndemnitor", and the CITY OF ATASCADERO, a Municipal Corporation of the State of California, hereinafter referred to as OCityn. WHEREAS, Indemnitor is the owner of that certain real property located within the City of Atascadero, commonly known as Century Plaza, and more particularly described in the attached Exhibit "A" incorporated herein as though fully set forth; and WHEREAS, Indemnitor has applied to the City of Atascadero for the partial abandonment of a sewereasementgranted to the City and recorded at Volume 1556 of Official Records at Page 91 in the office of the County Recorder, County of San Luis Obispo; and WHEREAS, said partial abandonment of the sewer easement is necessary and convenient to the further development of Century Plaza by Indemnitor; and WHEREAS, said partial abandonment of the sewer easement will allow the construction of a building and other structures within close proximity to a main sewer line owned and operated by the City; and WHEREAS, in consideration for said partial abandonment of the sewer easement, the City requires that Indemnitor indemnify and hold harmless the City for any and all claims that may arise from the abandonment; NOW, THEREFORE, it is agreed by and between the parties as follows: l I 0 • 1. Indemnification. (a) Indemnitor shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, liability, and attorneys' fees and costs arising out of the above-referenced abandonment, including but not limited to any negligent act or omission to act, or any wrongful act, on the part of Indemnitor, or of agents, employees or independent contractors directly responsible to Indemnitor, which in any way causes damage to, interruption of, or interference with the remaining sewer easement or the sewer line owned and operated by the City of Atascadero. (b) Indemnitor shall defend, indemnify, and save harmless the City of Atascadero, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses, liability, and attorneys' fees and costs arising out of the above-referenced abandonment, including but not limited to any negligent act or omission to act, or any wrongful act, on the part of Indemnitor, or of agents, employees or independent contractors directly responsible to Indemnitor, or for any act or omission arising out of the operation, maintenance, or repair of the sewer line owned and operated by the City of Atascadero which causes any damage to, interference with, or settlement to the proposed building to be constructed by Indemnitor as a part of the further development of Century Plaza along the perimeter of the remaining easement. (c) The foregoing shall apply to any wrongful act or any passively negligent act or omission to act, committed jointly or concurrently by Indemnitor, Indemnitor's agents, employees or independent contractors, and the City of Atascadero, its agents, employees or independent contractors. Nothing contained in the foregoing indemnity provisions shall be construed to require Indemnitor to indemnify the City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 2. Right of EntMv. City shall have the right of reasonable entry onto the easement area, the partially abandoned easement area, and the adjacent land of Indemnitor during normal business hours for the purpose of operation, repair, or maintenance of City's sewer line, and at any time during an emergency. 3. Binding on Successorsin Interest. This Indemnity Agreement shall run with the land described herein and shall inure to the benefit of and be binding on all parties hereto and on all heirs, assigns, or successors in interest. 2 4. Modification. This Agreement constitutes the entire understanding of the parties hereto, and no changes, amend- ments, or alterations shall be effective unless in writing and signed by all the parties or their successors in interest. 5. Costs and Attorneys' Fees. In the event Indemnitor or its successors in interest fail to indemnify City as provided hereunder, Indemnitor and its successors in interest agree to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorneys' fees. 6. Enforceability. If any term, covenant, condition, or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. 7. Agreement to be Recorded. Indemnitor and City intend and consent to the recordation of this Agreement in the office of the County Recorder in the County of San Luis Obispo. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. INDEMNITOR: EL CAMINO ASSOCIATES, a California General Partnership B By J M. HARRI N, nneth Fryer, naging General Partner General Partner By B ON, JR. , Little, Genera Partner General Partner 3 f^ ACKNOWLEDGMENTS STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ss. On this , 1� - day of ✓AAUu+9 2 y 19 S q , before me, 14 ,.r�C � '�i-- , a Notary Public, State of California, dulmatissioned and sworn, personally appeared BONITA BORGESON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instrument as Mayor of the CITY OF ATASCADERO, a Municipal Corporation of the State of California, and acknowledged to me that said Municipal Corporation executed it. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written. ,..,, OFFICIAL SEAL Cathy Sargent NOTARY PUSUC-CALIFORNIA PRUNCIPAL OFFICE IN y Notar b c, SAN LUIS OBISPO COUNTY My Commission Expires Sept. 30, 1991 State of California STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ) ss. On this day of ZaZS n �, , 19 $� , before me, a Notary Publ State o California, duly commissioned and sworn, personally appeared JAMES M. HARRISON and Wft 4R. , (or proved to me on the basis of satisfactory evidence) to be the persons who executed this instrument as Managing General Partner and- r-enara Pa*t, v y respeet4v4;Lr„ of EL CAMINO ASSOCIATES, a California General Partnership, and acknowledged to me that said General Partnership executed it. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day and year in this certificate first above written PMGE E. H. POLE T1 NOTAI1Y PUBLIC + SAS!LUISIR ! COUNTY CAUFOFflRA1IA Mymmission Expires an AW 3.1992 N tart' Pub c, [Notary Seal] State of ' fornix 5 e CITY: CITY OF ATASCADERO, a Municipal Corporation ByE BONITA BOR ES N,Aayor ATTEST: BOY C. SZiARITZ, Cit, erk APPROVED AS TO CONTENT: PAUL M. SENSIBAUGH, Public Works Director APPROVED AS TO FORM: Y NSEN, C' y A o ey JGJ:fr/12/29/88 C:AGATA680 4 STATE OF CALIORNIt Iss. COUNTY OF an U1 S (]bl S(�0 1 c a January 4, E On 1989 before me,the undersigned,a Notary Pu and or U said State,personally appeare c E � personally known to me(or proved to me on the basis of satis- * factory evidence) to be the person that executed the within PAIGE E. N. POLETTI a instrument al a General partner(s), a NOTARY PUBLIC tes, SAN LUIS OtCPr3 COUNTY on behalf of CALIFORNIA rthe partnership Nh'Commission Expires on April 3,1992 � , a therein named and acknowledged to me that the partnership 000 executed it. m � m WITN SS my han and dfficial seal. 0 - 0 s Signature. (This area for official notarial seal) S STATE OFCALI%FWItUi S Obi Sp0 j� COUNTY OF �aT(1I E r pn January b, 1989 before me,the undersigned,a Notary Public in and for U said State,personally appeared W j l l j'a Iia ts(n jr- d i= C U d E 4 m personally known to me(or proved to me on the basis of satis- LL factory evidence) to be the person that executed the within o instrument as d General partner(s), "` P AIGEt.ETTI BLIC m on behalf of E1 Camino Associates ', '"'� SHL COUNTYIAio the partnership mmira 3,1992 a � N therein named and acknowledged to me that the partnership co executed i. c WITNESS ;n& official seal Signature (This area for official notarial seal i STATE OF CAL�OR IA )ss. COUNTY Jan Tu Qbi: Q ) E On �f , � before me,the undersigned,a Notary Public in and for 1 en Little said Stat®,personalty appeared�;�' C co v CD E L personally known to me(or proved to me on the basis of satis- factory evidence)to be the person that executed the within iz a instrumentas a General partner{s), z 0 on behalf of El Camino Associates ac =onAM the partnershipJ_My therein named and acknowledged to me that the partnership OB wexecuted it o l. WITNESS my hand nd official sea M Signature (This area for official notarial seal)