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SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
This SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS
("Agreement") is entered into by and between DWIGHT LARKS ("Larks") and DELCAP, a California Limited Liability Company (collectively referred to herein as "DELCAP") on the one hand, and the CITY OF MERCED, a California Charter Municipal Corporation, ("City") on the other, all of whom may be reterred to collectively as the "Parties" or singularly as "Party."
RECITALS
WHEREAS DELCAP and City and/or their predecessors in title are parties to that certain Easement Agreement recorded on November 10, 1982, in Volume 2348,
WHEREAS the real property that is the subject of the Original Easement is commonly known as 531 West Main Street, Merced, California. Said parcel is referred to herein as the "Servient Tenement".
WHEREAS The Original Easement generally provides for an easement for public pedestrian access over an approximate 15-foot-wide strip of land along the western boundary of the Servient Tenement, as depicted on Exhibit "A" attached hereto.
WHEREAS the City initiated the process to vacate the Original Easement pursuant to California Streets and Highways Code Section 8300 et seq. at the request of Larks and/or DELCAP.
WHEREAS the matter came on for a public hearing before the City of Merced Planning Commission on April 21, 2021. The Planning Commission reviewed the vacation for consistency with the City's General Plan and found, by unanimous vote of those present, that the proposed vacation does not conflict with any General Plan policies, text, or maps, and is, therefore, consistent with the General Plan. Thereafter on May 17, 2021, the City Council adopted a Resolution of Intention and set June 21, 2021, as the date for the public hearing to consider Vacation #21-03. The item was continued to the City Council Meeting August 2, 2021, again to the meeting of September 20, 2021, and finally to the November 1, 2021 meeting. At the November DRAFT *DRAFT * DRAFT
1, 2021 meeting of the City Council, the City Council voted to deny the vacation of the Original Easement based upon evidence of public use of the area and directed City staff to attempt to negotiate an amendment to the scope and/or terms of the Original Easement in lieu of a complete vacation.
WHEREAS certain disputes and controversies have arisen between Larks/DELCAP and the City with respect to each Parties rights and responsibilities as it relates to the Original Easement which culminated in multiple threats of litigation against the City by Larks and/or DELCAP.
WHEREAS the parties have engaged in extensive settlement communications since the November 1, 2021, public hearing.
WHEREAS the parties hereto now desire to resolve any and all disputes between them as it relates to the Original Easement by entering into this Settlement Agreement and Release of Claims, together with the Amended and Restated Easement Agreement which is attached hereto as Exhibit "B" and incorporated by reference herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained and other good and valuable consideration, and to avoid the risk, expense, and burden of litigation, it is hereby agreed by and between the Parties as follows:
AGREEMENT
Settlement Terms. The Parties agree to the following terms:
A. The City will initiate a new proceeding for a partial vacation of the Original Easement pursuant to California Streets and Highways Code section 8300 et seq. Said partial vacation would reduce the size and scope of the Original Easement to a fifty-two (52) inch walkway situated along the western boundary of the Servient Tenement for public pedestrian use as set forth more fully in the Amended and Restated Easement Agreement which is attached hereto as Exhibit "B" and incorporated herein by reference (the "Amended Easement"). The City makes no warranties or representations as to whether approval will be granted for the partial vacation as the item must be considered, deliberated, and voted upon by the City Council at a public hearing. This Agreement is contingent upon the City Council approving the partial vacation of the Original Easement. If the City Council denies the partial vacation, this Agreement shall have no further force and effect.
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B. DELCAP will immediately execute the Amended Easement attached hereto as Exhibit "B." DELCAP shall also ensure that its lender, Farmers and Merchants Bank of Central California, a California Banking Corporation, approves and executes the Amended Easement.
C. If the City Council approves the partial vacation of the Original Easement after a public hearing, only then will the City execute this Agreement.
D. This Agreement shall have no force and effect unless and until the partial vacation of the Original Easement is approved by the City Council and all parties properly execute Exhibit "B".
E. The City shall remove the existing planter boxes located near the western boundary of the Servient Tenement, repair and/or replace the sidewalk within the Amended Easement and install appropriate lighting fixtures within the Amended Easement (the "City Improvements"). City Improvements shall be done at the discretion of and at the sole expense of the City.
F. DELCAP shall be solely responsible for any and all improvements done on the Servient Tenement outside of the Amended Easement. Any such improvements shall not in any way obstruct or interfere with the use of the public's use of the Amended Easement. DELCAP will ensure that any improvements comply with any and all applicable state and federal laws, regulations, Building Code and the standards set forth under the Americans with Disabilities Act.
G. The City will contribute a maximum of Fifty Thousand Dollars ($50,000) towards the City Improvements. If the final cost of the City Improvements is less than $50,000, the remaining balance of the $50,000, if any, shall be used to reimburse DELCAP for the actual cost (as shown in any third-party invoice, receipt or purchase order) incurred to install fencing/barriers or to replace the concrete within the Original Easement. Upon completion of the City Improvements, the City will provide DELCAP with an itemized statement reflecting the cost of any such improvements.
2. No Admission of Liability. The Agreement shall never be considered at any time or for any purpose as an admission of liability by any Party hereto, or that any Party or person referred to herein acted wrongfully with respect to any other Party or person, or that any Party hereto has any rights whatsoever against any other Party. This Agreement is entered into solely for the purpose of avoiding time-consuming and costly litigation.
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3. Attorneys' Fees and Costs. Each Party shall bear his/its own attorneys' fees and costs related to this matter. However, if any action is filed to enforce this Agreement, the prevailing party may recover attorneys fees and costs, if any.
4. Release of Claims. Larks and DELCAP hereby release, remise, and forever discharge the CITY and any of its related or affiliated entities, and each of their respective past and present officers, directors, members, consultants, employees, attorneys, heirs, successor, assigns, and agents ("Released Parties"), of and from any and all claims, demands, express or implied contract rights, actions, causes of action, charges, debts, demands, damages, liabilities, costs, attorneys' fees, and/or expenses of any kind, nature, and character, at law or in equity, accrued or inchoate, arising under any federal, state, or other law, whether known or unknown, filed or otherwise, sounding in discrimination, harassment, tort, contract, equity, or otherwise, including, without limitation, foreseen or unforeseen, disclosed or undisclosed, anticipated or unanticipated, and expected or unexpected claims, damages, losses, costs, expenses, and liabilities and consequences thereof that LARKS and/or DELCAP has had, now has, or may have, for any reason whatsoever against the Released Parties related to the Original and Amended Easement. ("Released Claims").
5. Waiver of California Civil Code section 1542. With respect to the claims released herein, the Parties hereby waive all rights under section 1542 of the California Civil Code or any analogous state, local, or federal law, statute, rule, order or regulation, or principle of state or federal common law. California Civil Code section 1542 reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY.
The Parties fully understand that if the facts upon which the Release is given are found hereafter to be other than or different from the facts now believed to be true, the Parties expressly accept and assume the risk of such possible difference in facts and agree that the Release shall be and remain effective notwithstanding any such differences in facts.
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Enforceability. In the event that any one or more of the provisions of this Agreement shall, for any reason, be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.
8. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the City, the Released Parties, and their insurers, successors, and assigns.
2. Right to Counsel. Each Party has had the opportunity to consult with counsel of his/its own choosing and to revise, comment upon, and redraft this Agreement.
Accordingly, it is agreed that no rule of construction shall apply against any Party or in favor of any Party. This Agreement shall be construed as if the Parties jointly prepared it, and any uncertainty or ambiguity shall not be interpreted as against any one Party and in favor of the other.
10. Further Action. The Parties hereto, without further consideration, shall execute and deliver such other documents and take such other action as may be necessary to achieve the objectives of this Agreement.
11. No Modification Except in Writing. No provision of this Agreement may be changed, modified, or waived except in a writing signed by all Parties.
12. Entire Agreement. The Parties agree that this Agreement, together with the Exhibits hereto, constitute the entire agreement between them, and supersedes all prior or contemporaneous agreements and understandings, oral or written, between them as of the date of this Agreement pertaining to the terms and conditions of this Agreement.
13. Governing Law and Venue. This Agreement, and all matters pertaining to its validity, construction, enforcement, interpretation, or effect shall be governed by and construed under the laws of the State of California, without reference to its conflict of laws principles. Any action to enforce the terms of this Agreement shall be brought in the Superior Court of the County of Merced.
14. Counterparts. This Agreement may be executed in one or more counterparts, any one of which shall be deemed to be the original even if the others are not produced.
A facsimile or email signature shall be as valid as an original. The Parties agree where practicable to use DocuSign, an electronic signature technology, to expedite the execution of this Agreement, pursuant to California Civil Code Section 1633.7.
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EACH PARTY DECLARES THAT HE/IT HAS CAREFULLY READ THIS
SETTLEMENT AGREEMENT (IN THE CASE OF ANY CORPORATE
PARTY THROUGH ITS AUTHORIZED REPRESENTATIVE), THAT
HE/IT HAS RECEIVED ANY AND ALL EXPLANATIONS NECESSARY
TO HIS/ITS FULL UNDERSTANDING, AND THAT THIS AGREEMENT
IS EXECUTED WITHOUT IMPROPER PRESSURE OR UNDUE
INFLUENCE AND AFTER MATURE DELIBERATION.
IN WITNESS WHEREOF, the Parties hereto have duly executed this Settlement Agreement and Release of Claims.
Dated: 9-28-2022
DELCAP, LLC
Dated: 9-28, 2022 By_
Its: Managing Member
CITY OF MERCED
A California Charter Municipal Corporation
Dated: _, 2022 By.
City Manager
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
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BY:
City Attorney Date
ACCOUNT DATA:
BY:
Verified by Finance Officer
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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. File No: n(RS) APN No:
STATE OF CALIFORNIA
COUNTY OF Merced
On _ 9/28/22 _ before me, _ D. A. Ansah _ Notary
Public, personally appeared
Dwight Larks
ho proved to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the vithin instrument and acknowledged to me that he/she/they executed the same in his/her/their authorizec 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 the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true WITNESS my hand and official seal. D. A. ANSAH
Сом. # 2358702
1E) NOTARY PUBLIC: CALIFORNA LO
signature P. A. Ansah MERCED COUNTY
И Сомм. Ехр. MAY 24, 2025 7
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
INDIVIDUAL
CORPORATE OFFICER(S) TITLE(S):
PARTNERS: • LIMITED • GENERAL
ATTORNEY IN FACT
GUARDIAN/CONSERVATOR
• TRUSTEE(S)
• OTHER:
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: Settlemat Agreemt and Release of Claims NUMBER OF PAGES: DATE OF DOCUMENT:
SIGNER(S) OTHER THAN NAMED ABOVE:
Reproduced by First American Title Insurance Company Mortgage Solutions-NTP 2015-03-31 DRAFT *DRAFT * DRAFT
RECORDING REQUESTED BY:
City of Merced, A California Charter Municipal
Corporation
WHEN RECORDED MAIL TO:
City of Merced
City Clerk
678 West 18th Street
Merced, California 95340
Exempt Recording Per Govt Code
Section 6103
(Above for Recorder's Use Only)
AMENDED AND RESTATED EASEMENT AGREEMENT
This Amended and Restated Easement Agreement ("Agreement") is entered into as of , 2022, by and between DELCAP, LLC ("Grantor" or "DELCAP"), and the City of Merced, a California Charter Municipal Corporation, ("Grantee" or "CITY"), for the purpose of amending and restating the Easement Agreement dated November 10, 1982, and recorded in Volume 2348 Page 289 of the Official Records of Merced County.
RECITALS
A. DELCAP and CITY and/or their predecessors in title are parties to that certain Easement Agreement recorded on November 10, 1982, in Volume 2348,
B. The real property that is the subject of the Original Easement is commonly known as 531 West Main Street, Merced, California, and is more particularly described on Exhibit "A" attached hereto. Said parcel is referred to herein as the "Servient Tenement".
C. The Original Easement generally provides for an easement for public pedestrian access over an approximate 15-foot-wide strip of land along the western boundary of the Servient Tenement, as depicted on Exhibit "A" attached hereto.
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D. Grantor is the current owner of the Servient Tenement, having acquired title by way of Grant Deed recorded in the Official Records of the County of Merced on August 1, 2019, as Document Number 2019-235023.
E. Farmers and Merchants Bank of Central California, a California Banking Corporation, is the beneficiary of that certain Deed of Trust recorded on July 17, 2020, as Document Number 2020-24037 in the Official Records of Merced County, which appears as a lien on title to the Servient Tenement. Farmers and Merchants Bank is a signor to this Agreement only to the extent that it consents to the Amended and Restated Easement Agreement as set forth herein.
F. Grantee is the current holder of the public easement pursuant to Assignment of Easement by the Merced Designated Local Agency, as Successor Agency to the Redevelopment Agency of the City of Merced, a public entity organized and existing under California Health and Safety Code Section 34173(d), dated February 23, 2021, and recorded on March 11, 2021, as Document Number 2021-01192 in the Official Records of the Merced County.
G. Grantor and Grantee now desire to wholly amend and restate the Original Easement to reduce the size of the easement on the terms and conditions set forth below. The terms of this Agreement shall amend, replace, and supersede the Original Easement in its entirety.
AGREEMENT
Grant of Easement. Grantor hereby grants and confirms to the CITY and its successor and assigns, an easement in gross to be used by the general public as a right-of-way for pedestrian access for the purpose of traversing between Main Street and the alley and parking lot on the north side of Exhibit "A". The easement granted is located generally along the western boundary of Exhibit "A" and is fifty- two (52) inches wide and extends from main Street to the alley and parking lot along the northern boundary of Exhibit "A" (the Revised Servient Tenement) as described more fully in Exhibit "B" attached hereto and incorporated herein (the "Easement"). The Easement granted herein is exclusive and the Grantor shall have no right to obstruct or interfere with the use of the Revised Servient Tenement as a public right-of way except as specifically set forth herein.
Contingent on Council Action. The Parties hereby acknowledge and agree that this Agreement is contingent upon the approval by the City Council of the
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City of Merced of a vacation of all but the 52-inch easement described in Paragraph I of this Agreement, of the Original Easement pursuant to California Streets and Highways Code Section 8300 et seq. Grantor acknowledges that the vacation proceeding requires a public hearing and Grantee makes no warranties or representations as whether such approval will or will not be granted by the City Council. If the vacation is approved by the City Council, the Resolution approving such vacation shall be attached hereto as Exhibit "C.
3. Use of Easement Area by Grantor. Grantor and Grantee expressly agree to the following with respect to use of the Easement by Grantor:
(a) There shall be no gates, fences, barriers or other obstructions within the Easement at any time. Grantor reserves the right to utilize the Easement for purposes of ingress and egress to and from Servient Tenement as shown in Exhibit "A", so long as it does not interfere with public access to the Easement.
4. Term of Easement. The term of the Easement, unless sooner terminated under provisions of this Easement Agreement, shall be perpetual.
5. Maintenance of Easement. The CITY shall be responsible for any and all repairs, improvements, maintenance, expenses, utilities and/or janitorial service within the Easement only.
Indemnity. Grantee shall indemnify, protect, defend, save and hold Grantor, its officers, employees, and agents, including successors in interest, harmless including attorney fees and costs, from any and all claims or causes of action for death or injury to persons, or damage to property which occurs on the walkway, as well as any resulting from intentional or negligent acts, errors, or omissions of Grantee or Grantee's officers, employees, independent contractors, volunteers, agents, invitees, and permittees with respect to their use or construction, including removal of any improvements, such as concrete planter boxes, that Grantee decides to undertake within the Easement.
Compliance with State and Federal Laws. Grantor shall comply with any and all state, federal and/or municipal law as it relates to the Revised Servient Tenement.
8. Binding Obligations. This Agreement shall run with the land and be binding on and inure to the benefit of Grantor and Grantee and their respective successors in interest and assigns.
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9. Amendment. This Agreement may not be modified, amended or otherwise changed in any manner except by a written amendment executed by both Grantor and Grantee, or their respective successors-in-interest.
10. Attorneys' Fees. In the event of any action by the parties hereto concerning the subject matter of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party its reasonable costs and expenses of enforcing its rights hereunder, including reasonable attorneys' fees and costs.
11. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of California. Any action to enforce the terms of this Agreement shall be brought exclusively in the Superior Court of the County of Merced.
12. Counterparts. This Agreement may be executed in counterparts, all of which together constitute one and the same agreement.
13. Mortgage protection. A breach of any of the terms, covenants, conditions or restrictions of this Agreement shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value, but each such term, condition, covenant or restriction shall be binding upon and effective against any person who acquires title to any interest in the Servient Tenement or any portion thereof by way of foreclosure, trustee's sale, or otherwise.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
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DELCAP
California Limited Liability Company
9-28-8022
BY:
ITS: Managing Member
FARMERS & MERCHANTS BANK
OF CENTRAL CALIFORNIA
A California Banking Corporation
BY:
ITS:
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
City Manager
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
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BY:
City Attorney Date
ACCUUNI DAIA:
BY:
Verified by Finance Officer
RAF
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EXHIBIT A
[Original Easement Description]
Real property in the City of Merced, County of Merced, State of California, described as follows:
That portion of Lot 11 and Lot 12 in Block 163 according to that certain map entitled, "SUPPLEMENTAL MAP TP TOWN OF MERCED, "recorded March 4, 1889, in Book 1 of Maps, Page 12, and now appears in Book 2 of Maps, Page 12, Merced County Records, described as follows:
Beginning at the most westerly corner of said Lot 12; thence N65°20'W, along the southwesterly line of said Lot 11, a distance of five and one-quarter inches; thence N25°02'30"E, for 150.00 feet to a point on the northeasterly line of said Lot 12 that is S65°20'E, for 6.53 inches from the most northerly corner of said Lot 12; thence S65°20'E, for 24.83 feet along the northeasterly line of said Lot 12; thence S69°29'55"W, for 16.97 feet; thence S24°29'55"W, for 38.00 feet; thence S65°30'05"E, for 6.00 feet; thence S24°29'55"W, for 6.00 feet; thence S65°30'05"E, for 6.00 feet; thence S24°29'55"W, for 38.00 feet; thence N 65°'05"W, for 6.00 feet; thence S24º29'55"W, for 6.00 feet; thence N65°30'05"W, for 6.00 feet; thence S24º29'55"W, for 38.00 feet; thence S20°30'05"E, for 16.97 feet to a point on the southwesterly line of said Lot 12; thence N65°20 W, for 25.81 feet to the place of beginning.
BLOCK 163
S65'20'00"E 2 O.P. 59
S65'20'00"E 6"
6.53" (INCHES) 24.83'
20.50'
NORTHWESTERLY S69955
LINE OF LOT 12 16.97°
38.00 S65'30'05'E
S24:29'55W 6.00'
52429'55"W
52" WIDE EASEMENT 6.00'
TO REMAIN S65'30'05"E
650 Sq. Ft. 6.00'
EASEMENT AGREEMENT
PER
VOL. 2348 O.P., PAGE 289, M.C.R.
1 N25'02'30"E 150.00' EASEMENT ABANDONMENT 2,053 Sq. Ft. 13 S24'29'55"w LoT
S65'30'05°E
6.00'
SE
S2429'55'
Jo НOЛ3 6.00'
No. 8851
S65'30'05'E
S24 29'55"W 38.00' 6.00*
OF CALIFORN 9/22/2022.
S20'30'05"E
16.97 21.91' SCALE: 1"=20*
N65'20'W - S65'20'00"E
5-1/4" 25.81' 6"
MAIN STREET (17TH STREET)
DR BY: CARDOSO
City of Merced DATE 0/14/22
"Gateway to Yosemite"
DATE:
DEVELOPMENT SERVICES Tie No.
ENGINEERING PROJECTS AND STANDARDS
678W. 18th Street (209) 385-6846 SCALE: 1'-20
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EXHIBIT "B"
[Amended Legal Description Servient Tenement]
That portion of Lot 11 and Lot 12 in Block 163 according to that certain map entitled, "SUPPLEMENATL MAP TO TOWN OF
MERCED", recorded March 4, 1889, in Book 1 of Maps, Page 12, and now appears in Book 2 of Maps, Page 12, Merced County Records, described as follows:
The northwesterly 52 inches of the following described real property:
Beginning at the most westerly corner of said Lot 12; thence N65°20'W, along the southwesterly line of said Lot 11, a distance of five and one-quarter inches; thence N25°02'30"E, for 150.00 feet to a point on the northeasterly line of said Lot 12 that is S65°20'E, for 6.53 inches from the most northerly corner of said Lot 12; thence S65°20'E, for 24.83 feet along the northeasterly line of said Lot 12; thence S69°29'55"W, for 16.97 feet; thence S24°29'55"W, for 38.00 feet; thence S65°30'05"E, for 6.00 feet; thence S24°29'55" W, for 6.00 feet; thence S65°30'05"E, for 6.00 feet; thence S24°29'55" W, for 38.00 feet; thence N 65°30'05"W, for 6.00 feet; thence S24°29'55"W, for 6.00 feet; thence N65°30'05"W, for
6.00 feet; thence S24°29'55"W, for 38.00 feet; thence S20°30'05"E, for 16.97 feet to a point on the southwesterly line of said Lot 12; thence N65°20'W, for 25.81 feet to the place of beginning.
No. 8851
OF CALIFORN
9/22/2022
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EXHIBIT "C"
[Resolution Approving Partial Vacation]
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
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. File No: n(RS) APN No:
STATE OF CALIFORNIA
COUNTY OF Merced
9/28/22 D. A. Ansah _ Notary
On _ before me, _
Public, personally appeared
Dwight Lacks
who 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 behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true WITNESS my hand and official seal. D. A. ANSAH
CoM. # 2358702
Signature D. A. Ansah ) NOTARY PUBLIC- CALIFORNIA CA
MERCED COUNTY
MY CoNs. ExP. MAY 24, 2026 7
This area for official notarial seal.
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
CAPACITY CLAIMED BY SIGNER
Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents.
D INDIVIDUAL
• CORPORATE OFFICER(S) TITLE(S):
• PARTNERS: O LIMITED • GENERAL
• ATTORNEY IN FACT
• GUARDIAN/CONSERVATOR
• TRUSTEE(S)
• OTHER:
SIGNER IS REPRESENTING:
Name of Person or Entity Name of Person or Entity
OPTIONAL SECTION - NOT PART OF NOTARY ACKNOWLEDGEMENT
Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form.
THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: Amended Easemut Agreement and restated NUMBER OF PAGES: - 10 DATE OF DOCUMENT:
SIGNER(S) OTHER THAN NAMED ABOVE:
Reproduced by First American Title Insurance Company Mortgage Solutions-NTP 2015-03-31 RESOLUTION NO. 2022-71
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MERCED, CALIFORNIA
ORDERING THE VACATION OF AN
EASTERN PORTION OF THE ARBOR
WALKWAY NORTH EASEMENT
(APPROXIMATELY 2,053 SQUARE FEET)
WHICH WOULD REVERT DEVELOPMENT
RIGHTS BACK TO THE PROPERTY
OWNER OF 531 W. MAIN STREET
(VACATION #22-03)
WHEREAS, by adoption of Resolution No. 2022-64 on November 7, 2022, the City Council declared its intention to consider the vacation of a portion of an easement approximately 2,053 square feet, known as the Arbor Walkway North easement at 531 W. Main Street, generally located on the north side of Main Street, approximately 145 feet east of M Street (Vacation #22-03), more particularly described in Exhibit "A" and shown on the map at Exhibit "B, " attached hereto and incorporated herein by this reference, and set a public hearing thereon; and
WHEREAS, Resolution No. 2022-64 fixed a time and place for hearing all persons interested in or objecting to the proposed vacation to wit:
On Monday, December 5, 2022, at the hour of 6:00 p.m. of said day, in the Council Chambers of the City Council, 678 West 18h Street, Merced, California, which said time was not less than fifteen (15) days from the above-mentioned date and passage of Resolution No. 2022-64; and WHEREAS, Resolution No. 2022-64 was published in the manner prescribed by Section 8320 of the Streets and Highways Code of the State of California; and
WHEREAS, the public hearing occurred on December 5, 2022; and WHEREAS, on November 10, 2022, notices were conspicuously posted along the lines of the property proposed to be vacated, which notices consisted of copies of Resolution No. 2022-64 and,
X: Resolutions 2021\Planning|Ordering Vacation - Arbor Walkway North Easement (Eastern Portion).doex WHEREAS, the vacation of the dedication as proposed by Resolution No. 2022-64 was submitted to the Planning Commission on October 19, 2022, which found the proposed vacation to be in conformity with the general plan.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The City Council finds from all of the evidence submitted that the easement in the City of Merced, as described on Exhibit "A" and shown on Exhibit "B," is unnecessary for present or prospective easement use.
SECTION 2. It is hereby ordered that the irrevocable offer of dedication for public use and any and all interests held by the City concerning the above described property be and the same is hereby vacated, pursuant to the provisions of Part 3, Division 9, of the Streets and Highways Code of the State of California, being the Public Streets, Highways, and Services Easements Vacation Law, section 8300 et seq.
SECTION 3. The City Clerk is directed to cause a certified copy of this resolution, attested under seal of the City of Merced, to be recorded in the Office of the County Recorder of Merced County.
PASSED AND ADOPTED by the City Council of the City of Merced at a regular meeting held on the 5th of December _ 2022, by the following called vote:
AYES: 6 Council Members: BOYLE, DEANDA, PEREZ, SERRATTO
SMITH, XIONG
NOES: 0 Council Members: NONE
ABSTAIN: 1 Council Members: ORNELAS
ABSENT: 0 Council Members: NONE
X: Resolutions|202 \Planning|Ordering Vacation - Arbor Walkway North Easement (Eastern Portion). docx 2 APPROVED:
Matt Sewitth
Mayor
ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY ARiandhaMedina CALIFORNIA
Assistant/Deputy City Clerk
1889
(SEAL) 1. , A.D.
APPROVED AS TO FORM:
BY: 11•15.22
Date
X: Resolutions 2021\Planning\Ordering Vacation - Arbor Walkway North Easement (Eastern Portion). docx 3 EXHIBIT A
Abandonment of Portion of an Easement
That portion of Lot 11 and Lot 12 in Block 163 according to that certain map entitled, "SUPPLEMENTAL MAP TO TOWN OF MERCED", recorded March 4, 1889, in Book 1 of Maps, Page 12, and now appears in Book 2 of Maps, Page 12, Merced County Records, described as follows:
Beginning at the most westerly corner of said Lot 12; thence N65°20' W, along the southwesterly line of said lot 11, a distance of five and one-quarter inches; thence N25°02'30"E, for 150.00 feet to a point on the northeasterly line of said Lot 12 that is S65°20'E, for 6.53 inches from the most northerly corner of said Lot 12; thence S65°20'F, for 24.83 feet along the northeasterly line of said Lot 12; thence S69°29'55"W, for 16.97 feet; thence S24°29'55"W, for 38.00 feet; thence S65°30'05"E, for 6.00 feet; thence S24°29'55"W, for 6.00 feet; thence S65°30'05"E, for 6.00 feet; thence S24º29'55"W, for 38.00 feet; thence N 65°30'05"W, for 6.00 feet; thence S24°29'55"W, for 6.00 feet; thence N65°30'05"W, for 6.00 feet; thence S24°29'55"W, for 38.00 feet; thence S20°30'05"E, for 16.97 feet to a point on the southwesterly line of said Lot 12; thence N65°20'W, for 25.81 feet to the place of beginning.
EXCEPTING THEREFROM the northwesterly 52 inches thereof.
LAND
OF CAL
10/31/2022
EXHIBIT A
BLOCK 163
S65'20'00"E S65'20'00"E 6 2 O.P. 59
6.53" (INCHES) 24.83'
20.50 S69'29'55 W
NORTHWESTERLY
LINE OF LOT 12 16.97
8 S65'30'05"E
6.00°
S24'29'55 52429555'
52" WIDE EASEMENT 6.00'
TO REMAIN S65'30'05"E
650 Sq. Ft 6.00'
EASEMENT AGREEMENT
PER
38.00 VOL. 2348 O.P., PAGE 289, M.C.R.
N25'02'30'E 150.00' EASEMENT ABANDONMENT 2,053 Sq. Ft. 55 13 S24: 29*
S65'30'05"E
6.00'
52429'55 W
No. 8851 38.00' 6.00'
S65'30'05"E
55 W 6.00'
CALT RE
OF 9/22/2022
S24'29'
S20'30'05'E
16.97 21.91° SCALE: 1"=20'
N65'20 W - S65'20'00"E -
5-1/4" 25.81'
MAIN STREET (17TH STREET)
DR IT: CARDOBO
ATE 0/14/23
City of Merced
"Gateway to Yosemite" EXHIBIT B
DEVELOPMENT SERVICES
ENGINEERING PROJECTS AND STANDARDS
678 W. 18th Street (209) 385-6846 sHE 15a0
ATTACYMENFS