HomeMy WebLinkAbout2006-022 Atascadero Unified School District Easement Agmt. ITEM NUMBER: RA A-3
DATE: 04/25/06
1918 ® 1979
Community Redevelopment Agency of Atascadero
Staff Report- Public Works Department
City Parking Lot Funding Allocations
(City parking lot located on East Mall, across the street
from the Historic City Hall.)
RECOMMENDATIONS:
Board authorize the Executive Director to accept an easement from the Atascadero
Unified School District (AUSD) over Lot 3 of Amendment D of Atascadero Colony,
accept ownership of the portable units on the Lot, and pay $60,000.00 to the
AUSD.
DISCUSSION:
Background: The Atascadero Unified School District (AUSD) is currently operating
their Mommy and Me classes, as part of the Parent Education Program, in the 27,000
square foot portable units behind the City Parking Lot on East Mall (See Attachment A).
They are moving the classes to the San Benito Elementary School site. This portable is
located on two lots owned by the AUSD, Atascadero Creek Reservation No. 3 and Lot 3
of Amendment D of Atascadero Colony. The facility is air conditioned, has two
bathrooms and is fully functioning.
One of the goals of the Downtown Revitalization Plan is to increase Downtown parking.
The City's parking lot on East Mall is designated a parking area in the Plan. If the
portable unit was removed, the parking lot size in this area could be increased and
pedestrians would have access along Atascadero Creek.
City Staff has been in discussion with AUSD Staff about the portables and the use of
the property. AUSD Staff has agreed to sell the existing portable buildings to the City
and give an easement to the City on Lot 3 of Amendment D of Atascadero Colony for
$60,000.00 (See Attachment B). Atascadero Creek Reservation # 3 is in the process of
being given to the City as part of a settlement agreement. This would give the City
control over all the property from the existing parking lot to Atascadero Creek. The
portables can be used as a construction trailer for the Lewis Ave Bridge Project, a
bathroom for select Downtown events, and the property under it can be used to expand
the parking lot and pedestrian uses in the future. The portables would have to be sold
and removed, or demolished, prior to the parking lot being expanded.
ITEM NUMBER: RA A-3
DATE: 04/25/06
FISCAL IMPACT:
$60,000 of the budgeted funds from the Historic City Hall Parking Lot Project.
ATTACHMENTS:
Attachment A—Arial Map of area
Attachment B — Easement Exhibit
Approved May 23, 2006
ti=. W .;.
XM , 1979
CITY OF ATASCADERO
COMMUNITY REDEVELOPMENT AGENCY
MINUTES
Tuesday, April 25, 2006
6:30 P.M.
REGULAR SESSION: 6:30 P.M.
Chairperson Clay called the meeting to order at 6:30 p.m.
ROLL CALL:
Present: Board Members O'Malley, Pacas, Scalise, Luna and Chairperson
Clay
Absent: None
Others Present: Board Secretary Marcia McClure Torgerson, Recording Secretary
Grace Pucci
Staff Present: Executive Director Wade McKinney, Assistant Executive Director
Jim Lewis, Public Works Director Steve Kahn, Community
Development Director Warren Frace, Community Services Director
Brady Cherry, Police Chief John Couch, Deputy Public Works
Director Geoff English and City Attorney Patrick Enright.
APPROVAL OF AGENDA:
MOTION: By Board Member O'Malley and seconded by Vice Chairperson
Luna to approve the agenda.
Motion passed 5:0 by a roll-call vote.
RDA Minutes 04/25/06
Page 1 of 3
Approved May 23, 2006
COMMUNITY FORUM:
None
BOARD ANNOUNCEMENTS AND REPORTS:
None
A. CONSENT CALENDAR:
1. Community Redevelopment Agency Minutes — March 28, 2006
■ Board Secretary Recommendation: Board approve the Community
Redevelopment Agency minutes of March 28, 2006. [Board Secretary]
2. Main Street Annual Report
■ Fiscal Impact: None.
■ Recommendation: Board receive Annual Report. [Executive Director]
3. City Parking Lot Funding Allocations
■ Description: City parking lot located on East Mall, across the street from
the Historic City Hall.
■ Fiscal Impact: $60,000 of the budgeted funds from the Historic City Hall
Parking Lot Project.
■ Recommendation: Board authorize the Executive Director to accept an
easement from the Atascadero Unified School District (AUSD) over Lot 3
of Amendment D of Atascadero Colony, accept ownership of the portable
units on the Lot, and pay $60,000.00 to the AUSD. [Public Works]
Items pulled: Eric Greening, Item #A-2.
MOTION: By Board Member O'Malley and seconded by Vice Chairperson
Luna to approve Items #A-1 and 3.
Motion passed 5:0 by a roll-call vote.
Item #A-2: Eric Greening asked several questions regarding the Main Street Annual
Report including the status of the request to remove Planning Commission review of
projects of 10,000 square feet or less and the status of the fagade improvement
program.
Board Member O'Malley explained that the funds for the fagade improvement program
have been redirected to lighting for the downtown.
RDA Minutes 04/25/06
Page 2of3
Approved May 23, 2006
Steve Martin, Executive Director Atascadero Main Street explained that the Main Street
Board and members were very supportive of using the fagade improvement funds for
lighting in the downtown.
Board Member O'Malley suggested agendizing Main Street's letter of request on the
Strategic Planning Session in June.
There was Board consensus to agendize Main Street's requests for discussion at
the June Strategic Planning Session.
MOTION: By Board Member O'Malley and seconded by Board Member
Scalise to approve Item #A-2.
Motion passed 5:0 by a roll-call vote.
B. EXECUTIVE DIRECTOR REPORT: Wade McKinney, Executive Director
None
C. ADJOURNMENT
Chairperson Clay adjourned the meeting at 6:37 p.m.
MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
RDA Minutes 04/25/06
Page 3 of 3
JULIE RODEWALD ` SRNG
San Luis Obispo county-cierWRecorder 7105/2006
Recorded at the request o1 10:07 AM
Pubiic
RECORDING REQUESTED BY AND D 0 C.#; 2006046874 Titles:: I Pages: 11.
/ WHEN RECORDED,MAIL TO:
Fees 0.00
Taxes 0.00
�Cti �-� ` ��_ �.;✓F'��(t `� Others 0.00
(i•� '; -t l 1 (i 1A.1 ��l[; 2tt l PAID $0.00
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
i EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this �2,94h day of 2006,by and
between the ATASCADERO UNIFIED SCHOOL DISTRICT,a school district formed under the laws of the
State of California("AUSD"), and the CITY OF ATASCADERO,a municipal corporation organized and
existing under`tfie laws of the State of California("City"),with respect to the following facts:
RECITALS :
A. AUSD is the owner of that certain real property situated in the City of Atascadero, San Luis Obispo
' County, California, and more particularly described in Exhibit"A"and depicted in Exhibit`B"which
are attached hereto and incorporated by reference (the"Property").
B. City desires to acquire certain rights in the Property until such time as City is able to acquire the
Property in fee.
AGREEMENT :
NOW,THEREFORE, in consideration of the foregoing and the mutual covenants herein,AUSD and the
City hereby agree as.follows:
1. Grant of Easement. In consideration of the sum of$60,000,AUSD hereby grants to City the following
easement subject to the.terms of this Agreement.
?. Character of Easement. The easement granted in this Agreement is in gross.
3. Description of Easement. The easement granted in this Agreement over and across the Property is for
ingress and egress,parking,pedestrian.access,tete use and maintenance of any building on the Property, and any
other public or municipal use that the City deems necessary. On the Property are three(3)portable buildings,
manufactured by Speedspace,Model VIP or VIP Duplex,serial numbers V2278,V2279 and V2280 each
approximately 960 square feet, that are joined together as a single building, and used as a pre-school(the
"Portables"). The pre-school will continue to use the Portables until on or around June 30,2006. The City shall
take this easement subject to the pre-school's use until June 30,2006. AUSD quitclams all right,title and
fo---s.. .1 st„T2.t .,i, a.. l�:.-. .� C�;s..1,.c.-�.11......ne«.+..F1ia 7Prt.-F..l�loa 4b.n
11IN.1GJt'ill ClllU tV 11i l VLIaUIC�+J, LV t lly, ailu Vl�y LV1uVy at t rto tate a-,.able.. uwt v a++✓v,a vvv, uat vitt
shall be responsible for maintenance and operation of the Portables, and their removal and disposal at the
expiration or termination of this easement,or sooner if deemed necessary by the City or AUSD. AUSD shall
have no responsibility or liability concerning the Portables.
925647.1 _
4. Exclusive Easement. City's use of the easement granted in this Agreement shall be non-exclusive.
AUSD shall not grant or assign to others any right-of-way or easement in the Property without City's written
consent, which consent shall not be unreasonably withheld. _Notwithstanding the terms of this provision,
- - AUSD reserves the right to use the Property in a manner consistent with City's free use and enjoyment of the
easement.
5. Existing Encumbrances. This grant is made subject to all prior easements,restrictions,conditions,
covenants and encumbrances, liens and claims of title which may affect the Property,and the word"grant"as
.used herein shall not be construed as a eovenar!t noainst the existence of any thereof.
6. Term of Easement. The term of this Easement shall be for five(5)years. Thereafter,the Easement shall
renew automatically for successive one(1)year periods, until either party gives the other party ninety(90)days'
written notice that: (1) City elects, in its sole discretion,to abandon its rights hereunder; or(2)AUSD elects,in
its sole discretion,to sell the Property and City does not buy the Property after AUSD offers the Property to
City at fair market value(valued at its highest and best use,unencumbered by this Easement)("Fair Market
Value"). If City does not buy the Property for Fair Market Value(less credit for sums paid by City to AUSD
for this Easement)or for other consideration acceptable to AUSD,within 90 days of the offer,City shall: (a)
restore the Property to the same or better condition than when received,including removal,at City's sole cost
andexpense,of all-Improvements,-except those AUSD agrees may remain; (b)remediate, to AUSD's
reasonable satisfaction, and in compliance with all applicable laws,all environmental damage and hazardous or
toxic materials contamination occurring on the Property during the time this Easement is in effect;and(c)upon
AUSD's request, immediately quitclaim all rights,title and interest in and to the Property to AUSD. Thereafter,
this Agreement and the rights and obligations of the parties hereunder shall terminate.
7. Assignment. This Agreement,including any interest in this Agreement,shall not be assigned without
the prior written consent of the other party.
8. Recordation. City shall record this Easement Agreement in the office of the Recorder of San Luis
Obispo County,State of California. City shall provide a record copy of this easement to AUSD within 30 days
of its recordation.
9. Running Covenants. The provisions of this Agreement shall inure to the benefit of and be binding upon
the successors and assigns of AUSD and the assigns of City and shall run with the land.
10. Indemnification. City shall indemnify,defend and hold harmless AUSD,its officers,agents,and
employees,by counsel reasonably satisfactory to AUSD, from and against all claims,demands,liabilities,
losses,obligations,judgments,or damages,including attorney fees,arising out of or resulting from City's
activities on the Property, including but not limited to ongoing-use oPfhe Property and the Portables by City,its
employees,agents,contractors,and the public,excepting only those actions,claims,liabilities,obligations,
judgments, or damages,arising out of the sole negligence of AUSD,its officers, agents and employees.
11. Notices. All notices to be given to the parties to this Agreement shall be in writing and served by
depositing same in the United States Mail,postage prepaid,registered or certified mail.
Notices to the AUSD should be addressed to:
Atascadero Unified School District Superintendent
Atascadero Unified School District
5601 West Mall
Atascadero,CA 93422
Notices to City should be addressed to:
8256471
Wade McKinney
City Manager
City of Atascadero
6907 El Camino Real
Atascadero,CA 93422
Either the AUSD or City may change its address of record for receipt of official notice by giving
the other written notice of such change and any necessary mailing instructions.
12. ComRIiance with the Law. All parties shall comply with all statutes, ordinances,rules and regulations of
the United States,the State of California, and all political subdivisions of any thereof with jurisdiction over the
Property.
13. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs,
executors,administrators, successors, and assigns of City and the AUSD.
14. Counterparts. This Agreement may be executed in any number of counterparts,each of which shall be
deemed an original, but all of which when taken together shall constitute one and the same Agreement.
15. Represen6ti6n and Warranties. Each person who executes t11iis Agreement on behalf of the AUSD and
City hereby represents and warrants that(a)the party on whose behalf he or she executes the Agreement,if
other than a natural person, (1) is a legally constituted legal entity and(2)has authorized the execution of this
Agreement. and(b)he or she is authorized to execute this Agreement.
16. Amendment. This Agreement may not be modified, changed, altered,or amended or otherwise revised
except by a duly executed written amendment.
17. Entire Agreement. This Agreement contains the entire agreement between the AUSD and City with
respect to the subject matter hereof and supersedes any other agreement,whether written or oral,between the
AUSD and City relating to the same subject. Any prior representations,promises, or the like that are not
contained in this Agreement shall be of no force or effect.
IN WITNESS WHEREOF,the parties hereto have caused these presents to be executed in duplicate by
their respective officers hereunto duly authorized as of the day and year first herein written.
ATASCADERO UNIFIED SCHOOL DISTRICT:
Dated: tr_ _ ATASCADERO UNIFIED SCHOOL DISTRICT
Geo%edge
o
By:
Preki; nt,Board �rustees
ATTEST: Donn Clickard
Clerk to the Board
925647 1
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CITY OF ATASCADERO,
a municipal cor oration
—A�i
By:
Title: 2AW
A ST
Marcia Torgerson, C.M.C.,(pity Clerk
APPROVED AS TO FORM:
,
KRONJCK,MOSKOVITZ,TIEDEMANN
&G7 a Pr ,91ssio Corporation
Patric ,City Attorney
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8256-17.1 -
State of California
County of San Luis Obispo ✓✓ 11 A. II ')
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On i< ;t 8 f C� !� before me,(here insert name and title of the officer),personally appeared
g ck j ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the
person(s)whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the
instrument the person(s),or the entity upon benaif of which the persons) actcu,chcC:iit�d use rstruu�ert.
WITNESS my hand and official seal.
LOMY
Signature �c� i>ac�, j �-L�y�. BARBARA M. WEAVER`'1,. (Seal) :AMM.#1391748NDTARY >a , PUBLIC-CALIFORNIA XSAN IUIS OBISPO COUNTYComm.Expires DEC.24,Merv-v'c�.v
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825647.1
State of California
-- County of San Luis Obispo
VAYC% M. ,1r�raves No�r` C +bltc
Oni t �► before me,(here insert name and title of the officer),personally appeared
=.. 'Y).A z ,personally known to me(or proved to me on the basis of satisfactory evidence)to be the
person(s) whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the
instrument the person(s),or the entity upon behalf of which.the person's) acted,executed he-1rLStrML ellt.
I
WITNESS my}sand and official seal. ^
BARBARA M. WEAVER
Signature c 1 �,.• (Seal) N COMM.#1391748NOTARY
m PUBLIC-CALIFORNIA
Q SAN IUiS OBL COUNTY
My Comm.Exp
DEC.24.2W6
$256471
State of California
County of San Luis Obispo
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On 3111k, J' before me, (11mr,Insert nffl. personally appeared
Steve) (r,. ,&Q,personally known to me( o be the.
person(s)whose name(-s)is/gee subscribed to the within instrument and acknowledged to me that he/sh
exPrtited the Same in hic/harlLlaaiaa1-1thnri?ed capar_.itv(.iesl.and that by hrS(h.9gtkelF S1QnatllIe
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instrument the person(4),or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS r h4nd and official seal.
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Signature j ; y j tf'lQ/ (Seal) La-
825647
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CERTIFICATE OF ACCEPTANCE
This is to certit t the interest in real property conveyed by the deed or grant
dated
1� , from �'f�G -fes N Q. t Ott%
__, t
to the CITY UF ATASCADERO,a municipal.corporation, is hereby accepted by the
L!ndersivnert,nffirer or aoPnt on behalf o the CITY OF ATASCADERO pursuant to
y 7 .. a-
autho y conferrecVby resolution of the City Counsel of the City of Atascadero adopted
on f'Aand the grantee consents to recordation thereof by its duly
authorize office or agent.
Executed on��it� `-4�,
at Atascadero,California.
TY 0 TASCADERO
By
Title
3
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r
NOTARY ACKNOWLEDGMENTS MUST BE ATTACHED FOR ALL SIGNATURES
LIST OF EXHIBITS
i
Exhibit "A"Legal Description of Property and Legal Description Easement Area
Exhibit -B Sketch of Easement Area
525647.1
EXHIBIT A
A portion of Lot 3, as shown on Amendment "D" to the Map of Atascadero, in the City of Atascadero,
County of San Luis Obispo, State of California, filed in Book 4, Page 67A of Maps, later shown on
Amendment "N" to the Map of Atascadero, filed in Book 4, Page 67C of Maps, in the Office of the
County Recorder of said County,
' BOUNDED ON THE NORTHWEST by the southeasterly and southerly lines of Lots A, B and C of Lot
Line Adjustment 80-1, as described in document number 22619, recorded June 4, 1980, in Volume
2244, Page 295 of Official Records of said County;
BOUNDED ON THE NORTHEAST by the southeasterly extension of the northeasterly line of said Lot
A;
BOUNDED ON THE SOUTHWEST by the southeasterly extension of the southwesterly line of said Lot
C;
BOUNDED ON:THE SOUTHEAST, by the line between said Lot 3 and Atascadero Creek Reservation
No.3, as shown un said Amendment"N".
The above described portion of said Lot 3, Administration Park, is shown on EXHIBIT B, attached
hereto and made a part hereof.
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0430Aexhibit3H.doc Page 1 of 2 6/15/2006
HIBIT -B
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fieryLot 8
SO4,16 4M6 A
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LOT 1
16 M 16
Area of /
`�, Description
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SOUTHEAST
BOUND \
SOUTHWEST PARCEL 3
BOUND 43 PM 8
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graphic Scale i°=80'
0 80 160
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Exp.b ZM$
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0430Aexhibit3H.pro Page 2 of 2 !6/15/2006
SND OF DOCUMENT
JULIE RODEWALD SRNC
CiSY QF AT A� San Luis Obispo County—Clerk/Recorder 7/05/2000
copCT# Recorded at the request of 10:07 A
t Public
D 0 C# : 2006046875 Titles: 1 Pages: 14
Fees 0.00
RECORDING REQUESTED BY AND — Fees
- _0.00
-
WHEN RECO MAIL TO. —
---Dthers
ti
PAID $0.00
CO [PYC
(SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE)
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made this day of X61. zoo (� ,
2006, by and between the ATASCADERO UNIFIED SCHOOL DISTRICT, a school district
formed under the laws of the State of California ("AUSD"), and the CITY OF ATASCADERO,
a municipal corporation organized and existing under the laws of the State of California
("City"), with respect to the following facts:
RECITALS :
A. ASUD is the owner of that certain real property more particularly described in Exhibit
"A" attached hereto (the "Property" or"Servient Tenement"). The City desires to build a
bridge, commonly referred to as the Lewis Avenue Bridge over the creek that traverses the
Property. The Lewis Avenue Bridge will connect Lewis Avenue and Capistrano Avenue. The
purpose of the easement is to grant the City a public right of way to build the Lewis Avenue
Bridge across the Atascadero Creek to connect Lewis Avenue and Capistrano Avenue, subject to
the conditions of this Easement Agreement.
B. The design for the bridge and roadway improvements for Lewis Avenue Bridge will
require the roadway to be elevated above ground to attain the necessary roadway elevation for
the Lewis Avenue Bridge.
C. AUSD is in the process of granting Atascadero Creek Reservation No. 3 to the City per a
Settlement Agreement.
AGREEMENT :
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein,
AUSD and the City hereby agree as follows:
823430.1
1. Grant of Easement for Lewis Avenue Bridge. AVSD hereby grants to City the following
easements with respect to that certain portion of the Property described on Exhibit "A" attached
hereto and hereby made a part hereof:
1.?A permanent exclusive easement, 110 foot wide, known as Lewis Avenue Bridge
Area and Easement 1 and-shown on-Exhib—i$ariddescribed on Exhibit A—fir T public--uf=way.
for ingress and egress over and across the Lewis Avenue Bridge over the Atascadero Creek.
This easement includes the right to construct, operate, inspect, maintain and reconstruct an
elevated roadway, together with all necessary foundations, substructures and related roadway
facilities for the construction and maintenance of the Lewis Avenue Bridge.
1.2 A temporary constriction easement, 200 foot wide, known as Easement 2 and
shown on Exhibit B and described on Exhibit A, with the right to enter upon the easement to
store construction equipment and materials, work, clear, support and all other needs to the
construction of the Lewis Avenue Bridge. The temporary construction easement shall extinguish
when the notice of completion for the Lewis Avenue Bridge is filed with.the San Luis Obispo
County Recorder's Office, but in no event later than one-hundred eighty (180) days after the
opening of the Lewis Avenue Bridge to vehicular and pedestrian traffic. Lewis Avenue Bridge
Area and temporary constriction easement of Exhibit `B" shall hereinafter be referred to
collectively as the "Easements."
1.3 No work shall be done or materials stored on the Atascadero Junior High School
campus. This area is defined as school areas such as buildings, access roads, on site sidewalk,
landscaping and other parts of the campus That are normally used by staff, students or others
involved in the campus operation.
2. Reserved Rights under Lewis Avenue Bridge Easement. AUSD hereby reserves unto
itself, its successors and assigns, the general right to use and enjoy Property in any manner
consistent with the easement herein granted. The general right to use and enjoy said Property by
AUSD, its successors and assigns (as reserved in this paragraph) shall, however, be subject to the
following conditions:
2.1 No use may be made of the Lewis Avenue Bridge Area which would impair the
full use and safety of the Lewis Avenue Bridge or which would otherwise interfere with the free
flow of traffic thereon or which would impair the maintenance thereof.
2.2 The Lewis Avenue Bridge Area shall not be used for the storage of flammable,
volatile, explosive or corrosive substances, and such substances shall not be brought onto said
property except in such quantities as are normally required for the industrial uses permitted
within said property, or the transportation of such materials, or in the maintenance operations of
occupants of said property. The use of any such substances shall be in conformance with all
applicable code requirements and environmental laws.
2.3 No buildings or permanent structures shall hereafter be constructed on or within
the Lewis Avenue Bridge Area, including without limitation, within the airspace lying above or
below the Lewis Avenue Bridge.
3. Character of Easement. The easement granted in this Agreement is in gross.
823430.1
4. Third-Party Easements. City shall have the right to grant concurrent easements in the
Servient Tenement to third parties for the installation and maintenance of public utilities,
including but not limited to electricity, gas, sewer and water. City shall notify AUSD and
receive the written approval of AUSD prior to granting any easements for the transportation of
hazardous materials over-or under-the-Lewis Avenue Bridge-Area. This specifically includes any
pipelines transporting natural gas, fuel and propane.
5. Pre-Construction Activities. Prior to construction of the Lewis Avenue Bridge, any use
by AUSD of the area within the Easements is at AUSD's sole risk.
6. Existing Encumbrances. This grant is made subject to all prior easements, restrictions,
conditions, covenants and encumbrances, liens and claims of title which may affect the Property,
and the word "grant" as used herein shall not be construed as a covenant against the existence of
any thereof.
7. Condition Precedent to Use of Easements. City's right to use the Easements granted
herein and to accept shall be limited to and dependent upon the City's construction of the Lewis
Avenue Bridge. The City shall have no right to use the Easement, or any portion thereof, for any
purpose prior to the commencement of construction of such improvements; provided, the City
may access the easements prior to actual construction in order to prepare plans, do soil studies,
and undertake other matters preparatory to construction. This Easement shall terminate in five
(5) years from the date of the recordation of this Easement if the City has not constructed the
Lewis Avenue Bridge.
8. Term of Easements. The term of the easement on Lewis Avenue Bridge Area shall be in
perpetuity,unless and until City elects, in its sole discretion, to abandon its rights hereunder, in
which case this Agreement and the rights and obligations of the parties hereunder shall
terminate. The temporary construction easement on the Servient Tenement Parcel shall
terminate in accordance with Paragraph 1.2. If the City abandons the easement, the City shall
restore the property to its previous condition or to the satisfaction of Atascadero Unified School
District.
9. Recordation. City shall record this Easement Agreement in the office of the Recorder of
San Luis Obispo County, State of California. City shall provide a record copy of this easement
to AUSD within 30 days of its recordation.
10. Running Covenants. The provisions of this Agreement shall inure to the benefit of and be
binding upon the successors and assigns of AUSD and the assigns of City and shall run with the
land.
11. Indemnification. City shall indemnify, defend and hold harmless AVSD, its officers,
agents, and employees,by counsel reasonably satisfactory to AVSD, from and against all claims,
liabilities, loses, obligations,judgments, or damages, including attorney fees, arising out of or
resulting from City's activities in the Easements, including but not limited to:
1) Construction, maintenance, operation, inspections and reconstruction
activities on the Lewis Avenue Bridge Area,
823-430.1
2) ongoing use of the Lewis Avenue Bridge Area by City, its employees, agents,
contractors, the public and emergency vehicle personnel and passengers; and
3) any third-party easements granted by City pursuant to paragraph 4 of this
_Agreement.
excepting onlythose actions, claims, liabilities, obligations,ju gm n , or ds -Gurt-uf_ -
the sole negligence of the AVSD, its officers, agents and employees.
12. Notices. All notices to be given to the parties to this Agreement shall be in writing and
served by depositing same in the United States Mail, postage prepaid, registered or certified
mail.
Notices to the AUSD should be addressed to:
Atascadero Unified School District Superintendent
Atascadero Unified School District
5601 West Mall
Atascadero, CA 93422
Notices to City should be addressed to:
Wade McKinney
City Manager
City of Atascadero
6907 El Camino Real
Atascadero, CA 93422
Either the AUSD or City may change its address of record for receipt of official
notice by giving the other written notice of such change and any necessary
mailing instructions.
13. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the
heirs, executors, administrators, successors, and assigns of City and the AVSD.
14. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed an original, but all of which when taken together shall constitute one and
the same Agreement.
15. Representation and Warranties. Each person who executes this Agreement on behalf of
the AUSD and City hereby represents and warrants that (a) the party on whose behalf he or she
executes the Agreement, if other than a natural person, (1) is a legally constituted legal entity and
(2) has authorized the execution of this Agreement, and (b) he or she is authorized to execute this
Agreement.
823430.1
16. Amendment. This Agreement may not be modified, changed, altered, or amended or
otherwise revised except by a duly executed written amendment.
17. Entire Agreement. This Agreement contains the entire agreement between the AUSD
and City with respect to the subject matter hereof and supersedes any other agreement, whether
written or oral, between the AUSD and City relating to the same subject. Any prior
representations, promises, or the like that are not contained in this Agreement shall be of no force
or effect.
823430.1
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
in duplicate by their respective officers hereunto duly authorized as of the day and year first
herein written.
ATASCADERO UNIFIED SCHOOL DISTRICT:
Dated: 06 ATASCADERO UNIFIED SCIJPYL DISTRICT
B .
strict oar(Pres d nt
CITY OF ATASCADERO,
a munici corporati
-1 Attested
By: ..
By: �/�" '�//
Name: V—A tWames L. Stecher
District Superintendent
Title: PLP%9,.LU L,00 -b:�-S P1 Secretary to the Board of Trustees
APPROVED AS TO FORM:
KRONICK, MOSKOVITZ, TIEDEMANN
& G a Profes iegal Corporation
atE t, City Attorney
823430.1
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real roperty conveyed by the deed or grant dated
LL 14 ,'00�k from (,�S to the CITY OF
ATASCADERO, a municipal corporation, is hereby accepted by the undersigned officer or agent
on behalf of the CITY OF ATASCADERO pursuant to aut ority ferred by resolution of the
City Council of the City of Atascadero adopted on�_ 2� and the grantee consents
to recordation thereof by its duly authorized officer or ag t.
Executed on , 20Q6at Atascadero, California.
CITY OF ATASCADERO
J�By
Title
S23430.1
State of California
County of San Luis Obispo <,1 v
OnA �.)r1C-n no o kas i
y before me, (h ,
personally' appeared rsonally known to me
to 4 the person(&) whose name(s) is/a+e subscribed to the within
instrument and acknowledged to me that he/shefthey executed the same in his!'+efAheTr-
authorized capacity(ic.$), and that by hislhep4hc4 signature(s}on the instrument the person(&--)or
the entity upon behalf of which the person(s)-acted, executed the instrument.
WITNESS my hand and official seal.
Signaturet��` /72.� ��' � �� { z� (Seal) �SHAN�wwt1549M0
Notary Public-Caulomlo
San Luis Obispo Courdy
My Comm.Expires Feb 3.200
82 1101
State of California
County of San Luis Obispo
On r. �I'1�-(1 ria(A Rcu i e s c nv; �JOA(k,f
% (gyp bef re me, (h-@ - me and title of the officer)
persona ly appeared ,TampS L 5��,anally known to me (or-pre
ca4& ..tefy ,vi4e,,,e) to be the person(c+whose name(o is/aye subscribed to the within
instrument and acknowledged to me that he/&hG -executed the same in hisifwa 4eir-
authorized capacity(-i_es), and that by his/herf herr signature(-9-) on the instrument the person(-4, or
the entity upon behalf of which the person(-s4 acted, executed the instrument.
WITNESS awiy hand and official seal. ,
SHANNON MARIE SIMS
Signature` J 1 �) ] (Seal) C°mmisston#1549704
�b �� -� Notary Public-California
San Luis Oblspo County
My Comm.Expires Feb 3,200
923430.1
State of California
County of San Luis Obispo
S'na.n rb n Pvas-t e S m 5 K-6kcs y
Onbefore me, (
ona ltome
a cer),
persy appeared i�;'%-sonally known to me
,) to be the person(4)whose name(e) is/afe-subscribed to the within
instrument and acknowledged to me that he/sh,:,/�executed the same in his/h4i; T�
authorized capacity(ies), and that by his/rA hz��signature(6)-on the instrument the person(4, or
the entity upon behalf of which the person(&)-acted, executed the instrument.
WITNESS my hand and official seal. 1 IF
SHANNON MARIE NNIS
I 1 Commission# 1549704
Signature ? !}'jZ✓� (Seal) N
otary tM Puuis ObispoCalN
ni®
Comm.Expires Feb 3,2009
323430.1
NOTARY ACKNOWLEDGMENTS MUST BE ATTACHED FOR ALL SIGNATURES
LIST OF EXHIBITS
Exhibit "A" Legal Description of Property and Legal Description of Easements.
Exhibit "B"Sketch of Letivis Bridge Avenue Easement.
523430.1
EXHIBIT A
SERVIENT TENEMENT
Parcel A — Atascadero Creek Reservation No.3, as shown on Amendment "N" to the Map of
Atascadero, in the City of Atascadero, County of San Luis Obispo, State of California, recorded
September 3, 1925, in Book 4, Page 67C of Maps, in the Office of the County Recorder of said
County;
Parcel B — Lot 3, Administration Park, as shown on Amendment "D° to the Map of Atascadero, in the
City of Atascadero, County of San Luis Obispo, State of California, filed in Book 4, Page 67A of Maps,
later shown on Amendment "N" to the Map of Atascadero, filed in Book 4, Page 67C of Maps, in the
Office of the County Recorder of said County.
EASEMENT 1 - LEWIS AVENUE BRIDGE AREA
A strip of land, 110 feet wide, on, over, under and across said SERVIENT TENEMENT, the
CENTERLINE of which is described as follows.
BEGINNING at a 3/4" iron pipe in a monument well set at the beginning of a 57.75 feet radius
curve, concave to the north, on the line common to Lot 3 and Lot 8, as shown on the map of
said Administration Park, Amendment "D", from which a 3/4" iron pipe in a monument well, set
at the intersection of Lewis Avenue (formerly South Mall) with East Mall as shown on said
Amendment "N", bears North 610 23' West, 200.28 feet (record North 610 23' West, 199.93
feet);
thence running through said Parcels A and B above, South 610 23' East, 213.90 feet more or
less to a point (TERMINUS) on the southeasterly line of said Atascadero Creek Reservation
No.3.
The northeasterly line of the said 110 feet wide strip shall be lengthened or shortened to intersect,
on the southeast, the southeasterly line of said Atascadero Creek Reservation No.3 (POINT 1),
and on the northwest, the northwesterly line of said Lot 3 (POINT 2).
The southwesterly line of the said 110 feet wide strip shall be lengthened or shortened to intersect,
on the southeast, the southeasterly line of said Atascadero Creek Reservation No.3 (POINT 3),
and on the northwest, the southeasterly line of Lots A, B & C of Lot Line Adjustment 80-1, as
described in document 22619, recorded June 4, 1980, in Volume 2244, Page 295 of Official
Records of said County (POINT 4).
EXCEPTING THEREFROM any portion of said Lot 3 lying northwesterly of the southeasterly line of
said Lots A, B and C, and its northeasterly or southwesterly extension (EXCEPTION 1).
The above described LEWIS AVENUE BRIDGE AREA is shown on EXHIBIT B, attached hereto and
made a part hereof.
EASEMENT 2 —TEMPORARY CONSTRUCTION EASEMENT
A strip of land, 200 feet wide, on, over, under and across said SERVIENT TENEMENT, the
CENTERLINE of which is described as follows.
0430Aexhibit3F.doc Page 1 of 3 4/13/2006
BEGINNING at a 3/4" iron pipe in a monument well set at the beginning of a 57.75 feet radius
common to Lot 3 and Lot 8, as shown on the map of
curve, concave to the north, on the fine
said Administration Park, Amendment "D", from which a 3/4" iron pipe in a monument well, set
at the intersection of Lewis Avenue (formerly South Mall) with East Mall as shown on said
Amendment "N", bears North 610 23' West, 200.28 feet (record North 610 23' West, 199.93
feet);
thence running through said Parcels A and B above, South 610 23' East, 213.90 feet more or
less to a point (TERMINUS) on the southeasterly line of said Atascadero Creek Reservation
No.3.
The northeasterly line of the said 200 feet wide strip shall be lengthened or shortened to intersect,
on the southeast, the southeasterly line of said Atascadero Creek Reservation No.3 (POINT 5),
and on the northwest, the northwesterly line of said Lot 3 (POINT 6).
The southwesterly line of the said 200 feet wide strip shall be lengthened or shortened to intersect,
on the southeast, the southeasterly line of said Atascadero Creek Reservation No.3 (POINT 7),
and on the northwest, the southeasterly line of Lots A, B & C of Lot Line Adjustment 80-1, as
described in document 22619, recorded June 4, 1980, in Volume 2244, Page 295 of Official
Records of said County (POINT 8).
EXCEPTING THEREFROM any portion of said Lot 3 lying northwesterly of the southeasterly line of
said Lots A, B and C, and its northeasterly or southwesterly extension (EXCEPTION 1).
The above described TEMPORARY CONSTRUCTION EASEMENT is shown on EXHIBIT B, attached
hereto and made a part hereof.
�Q <AN D SUS!
�5 SRT J. dF
0
Exp 0 2008
L$6 08
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04-.13.a�
0430Aexhibit3F.doc Page 2 of 3 4/13/2006
/
EXHIBIT B
/
Lot 8
dew; 4 M 67A vol 3P�G
s q�enve � M 61
(for,
\ � c�e�G
tie / S004 POINT 6 L '5 �e rat
5
ne /V MO/' /) POINT �o
FX 6
S61'237E 213.90
Q- �\ 2p038, CENTERLINE
�o� / o �� BEGINNING
' POINT 4
/ POINT
POINT 8 hh POINT 1
VpK
os
TERMINUS
200' WIDE POINT
EASEMENT
ti 110' WIDE
EASEMENT 1 POINT
o �
0 PARCEL 3
43 PM 8
r 6raphir- Scale 1"=80'
0 50 160
. � ,:1
03 i
" OF CA'����
0430Aexhibit3F.pro
Poge 3 of 3 4/13/2006