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HomeMy WebLinkAboutD-2190 Drainage Basin - Easement Deed - Barbara Parsons and Jeanne HelphenstineRecording requested by Hamner, Jewell & Associates and when recorded, return to: City of San Luis Obispo Public Works Department 919 Palm Street San Luis Obispo, CA 93401 _...................... ........ Exempt from the 75 uil ing and Jobs Act Fee per Gov't Code §27388.1(2) D) u ic gency No Fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 EASEMENT DEED (Drainage Basin) APN: 004-706-024 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Barbara Parsons, Trustee of the Barbara Parsons Trust under agreement dated January 28, 2000, and Jeanne Helphenstine, Trustee of the Jeanne Helphenstine Trust under agreement dated April 20, 2016, as tenants in common (hereinafter collectively referred to as "Grantor") hereby grants to The City of San Luis Obispo, a Municipal Corporation and Charter City (hereinafter referred to as "Grantee" and/or "City") A permanent easement for the construction, operation, maintenance, and repair of drainage facilities and a retention basin, including the right to construct and maintain a slope bank that supports the adjacent public road on, over, upon, through, along, and across that specific portion of Grantor's property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, legally described in Exhibit "A" and depicted in Exhibit "B," each attached hereto and made a part hereof (the "Drainage Easement Area"). City intends to construct certain public roadway and associated improvements on land adjacent to property owned by Grantor which may from time to time result in surface water flowage across and onto the Drainage Easement Area. The facilities installed by City within the Drainage Easement Area will be constructed and maintained by City for the purposes of capturing surface runoff from adjacent constructed public roadway improvements. All said facilities will be constructed in conformity with the project permits and approvals per Tract Map 3063 -Phase 1 recorded April 9, 2018; final plans and specifications titled "Tank Farm Road and Orcutt Road Roundabout, Specification No. 1000164" APN: 004-706-024 City of SLO/Tank Farm-Orcutt Rd. RAB/Drainage Easement Deed 2021-08-18 Page 1 of 4 approved June 1, 2021; and jurisdictional permit received from the California Water Board, titled "Water Quality Certification No. 34021 WQ02 for the Orcutt Tank Farm Roundabout Project, San Luis Obispo County" dated June 2, 2021. City shall have the right to fence and restrict access to the Drainage Easement Area. City agrees to indemnify Grantor from any and all liability including, but not limited to, reasonable costs of defense and attorneys' fees associated with the use, maintenance and operation of the facilities installed by City within the Drainage Easement Area, excepting that Grantor shall indemnify City to the extent that any of Grantor's actions related to, or in any way materially affecting the Drainage Easement Area, violate the project approvals, permits, or regulations referenced herein. Grantor shall not grant any other easements or other rights to others within and upon the Drainage Easement Area without the express written consent of City, which consents will not be unreasonably withheld. GRANTOR: The Barbara Parsons Trust under agreement dated January 28, 2000 By: Date Barbara Parsons, Trustee The Jeanne Helphenstine Trust under agreement dated April 20, 2016 By X l Date , Jeanne 1-lelplienstin --„ Trustee APN: 004-706-024 City of SLO/Tank Farm-Orcutt Rd. RAB/Drainage Easement Deed 2021-08-18 Page 2 of 4 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 trutiaf ihicss accuracy orwvalidity of that document. State of California County of,a 06'50f";, 011 cr- before me, _ Q "} o _ „ Notary Public, personally rappeared Barbara Parsons, who proved to me on the ba is 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 signatures(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 and correct. WITNESS my hand and official seal, 'Co. M 00114 L01c�Rv Notary Public - California San Luis Obispo County Commission 0 2313412 '" tiay piratOat 20, 20 . 27 Sign�atul� "l� mm..._,... (Seal) Comm. E� 6 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of �j—:� �t .t« � . Public, la MIMso¢aally appeared .Teanne Hel h ns in ,who proved to meon the basis of satisfactory evidence to be the persons) 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 signatures(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 and correct. WITNESS my hand and official seal. CAROL D. GARY Notary Public - Callfornla San Lis Obispo Caumy 0 231342 aY CommulEsxpes pat 20, OZ] Signature � . �.,M seal) APN: 004-706-024 City of SLO/Tank Farm-Orcutt Rd. RAB/Drainage Easement Deed 2021-08-18 Page 3 of 4 CERTIFICATE OF ACCEPTANCE This is to certify that the City of San Luis Obispo hereby accepts for public street and drainage easement purposes the real property, or interests therein, described in that Easement Deed dated - pAg.m'�)" iloa from Barbara Parsons, Trustee of the Barbara Parsons Trust under wmcnient dated January 28, 2000 and Jeanne Helphenstine, Trustee of the Jeanne Helphenstine Trust under agreement dated April 20, 2016, as tenants in common, collectively Grantor therein, to the City, and consents to the recordation thereof. In Witness Whereof'. I have hereunto set my hand this _Aj_ day of .............. . ....... _, 2021. CITY OF SAN LUIS OBISPO By- /6ct-ek )"I'llson, City Manage[ - ATTEST: City Clerk APN: 004-706-024 City of SLO/Tank Farm-Orcutt Rd. RAB/Drainage Easement Deed 2021-08-18 Page 4 of 4 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 County of a ® .............. J} On Date before me, Here Insert Name and Title of the ficer personally appeared Name(s) of Signer(s) _.................. who 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 the instrument. KEVIN R. CHRISTIAN Notary Public - California San Luis Obispo County � z + Commission # 2302534 A4y Comm. Expires Aug 22, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Dai Title or Type of Document: , `�" i �� I `"" �-r. A Document Date: ..._ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ..... , ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: .... 11Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing:—„IT.....ITIT........_.. KOFMOMMAk ©2018 National Notary Association EXHIBIT "A" DRAINAGE EASEMENT All that certain real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, located in the Southwest one-quarter of Section 6, Township 31 South, Range 13 East, M.D.B. & M., described as follows: COMMENCING at a rebar and cap shown as set per record of survey filed September 29, 1998 in Book 77 of Licensed Surveys at Page 43, San Luis Obispo County Records at the intersection of the northerly line of Tank Farm Road and the southwesterly line of Orcutt Road; thence from said POINT OF COMMENCEMENT along said northerly line North 89022'42" West, 161.49 feet to the TRUE POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING leaving said northerly line North 65031'50" East, 47.05 feet; thence northeasterly, along a tangent curve concave northwesterly having a radius of 44.00 feet, through a central angle of 77°56'48", an arc distance of 59.86 feet; thence North 12024'58" West, 58.58 feet; thence North 73046'55" East, 2.72 feet; thence North 16013'05" West, 1.66 feet; thence North 29009'04" West, 6.40 feet; thence North 77°07'25" West, 10.15 feet; thence South 12052'35" West, 11.65 feet; thence North 75047'16" West, 22.44 feet; thence southwesterly, along a tangent curve concave southeasterly having a radius of 44.56 feet, through a central angle of 106°32'40", an arc distance of 82.87 feet to a reverse curve; thence southwesterly, along said reverse curve concave northwesterly having a radius of 25.00 feet, through a central angle of 34°01'34", an arc distance of 14.85 feet to a reverse curve; thence southwesterly, along said reverse curve concave southeasterly having a radius of 204.05 feet, through a central angle of 21023'02", an arc distance of 76.16 feet to the northerly line of said Tank Farm Road; S2460LGL004.docx Page 1 of 2 May 19, 2021 thence along said northerly line South 89022'42" East, 66.56 feet to the TRUE POINT OF BEGINNING. Containing 12,986 square feet or 0.30 acres more or less. The basis of bearings for this legal description is identical to that of the map of Tract 3063 - Phase 1, filed April 9, 2018 in Book 37 of Maps at Pages 59 through 71, San Luis Obispo County Records. Brian R. Howard 5-19-21 PLS 7250 Date LAND 5„ <(1 .aA)— No. ) Na. 7250 '•.,. ,. fi C AL r S2460LGL004.docx Page 2 of 2 May 19, 2021 W'LY LINE OF PARCEL \ 3 OF 365 OR 457 \ \ 35' WIDE PUBLIC ROAD AND SLOPE EASMENT \� PER INST 1997-055770, 1997-038137 \ \ \V \ \ LOT 170 TRACT 3063 -PHASE 1 37 MAP 59-71 OPEN SPACE & AGRICULTURAL CONSERVATION EASEMENT DOC. 2012-018090 DETAIL SCALE:1 '=30' \ CITY LIMITS PER DOC, 2011-057820 LAND RCJ 7r', 1� O Jho ` No. 7250 OF C AQ. \ \- 5-19-21 \" BRIAN R. HOWARD PLS 7250 DATE \ SEE DETAIL \ U 161.49' Irvna-zr-Iu vv 41 b. bo, N89°22'42"W 307.51' TANK FARM ROAD TRUE POINT OF BEGINNING CITY OF SAKI LUIS O ISS O, CA NORTH 100' �mm Scale: I"= 100' DRAINAGE EASEMENT ACQUISITION 12,986 FT 0.30 AC. POINT OF \COMMENCEMENT FOUND REBAR \ WITH CAP \ SHEET 1OF1 11151202 2460 330 Hwtpeli Avenue,10e 8 1 1,-. RedcPro, GA 96002 USA 1 6�i PORTION PARCEL 4^oma GHD Inc. 365 OR 457 May 19, 2021 2460LG004.dwg 79,46" „ 66.56' \ SEE DETAIL \ U 161.49' Irvna-zr-Iu vv 41 b. bo, N89°22'42"W 307.51' TANK FARM ROAD TRUE POINT OF BEGINNING CITY OF SAKI LUIS O ISS O, CA NORTH 100' �mm Scale: I"= 100' DRAINAGE EASEMENT ACQUISITION 12,986 FT 0.30 AC. POINT OF \COMMENCEMENT FOUND REBAR \ WITH CAP \ SHEET 1OF1 11151202 2460 330 Hwtpeli Avenue,10e 8 1 1,-. RedcPro, GA 96002 USA 1 6�i T 530 ZQ h700 W wrvvay.fjhd.wrn GHD Inc. May 19, 2021 2460LG004.dwg I r—:*,A,rit f Alw I 1 1101 k AWN 0 1 to] 100101 110061 R"Ol