HomeMy WebLinkAboutD-100 French St Recorded 07/06/1931THIS INDEN1URE made this 23rd day of June, 1931,
between JOSEPH RUSCA and LUCIA RUSCA, his wife, b.oth of San
Luis Obispo,. California,. the parties of the first part, and
CITY OF SAN LUIS OB ISPO, a municipal corporation of the -State
of California, party of the second part
WI'TNESÐ::
That the said parties of the f irst.part, in conside r
ation of the sum of Ten Dollars ($10..00) lawful money of the
United States of America,. to them in hand paid by party of
the second part,. the receipt whereof is: hereby acknowledged-,
do by these presents,. grant, bargain, sell and convey unto
the said party of the second part and to its successors and
assigns- forever, a right of way to lay,. construct,,. operate,
maintain, repair, change and reconstruct one. Ten_(10) indhLpipe -_liM
for the transportation of water, across:, under and through that
certain lot, piece or parcel of land situate in the City of
San Luis-Obispo, County of San Luis! Obispo, State. of Califor
nia, and described as follows, to wait:
Lot No. Five (5) in Block No. 149, as said lot and
block are shown and delineated upon that certain map
entitled. °lkap of J. Harford's Addition to the City of
San Luis Obispo. Surveyed by B. F. Hinchliffe, April_
1876." on file in the office of the County recorder of the
County of San Luis Obispo, to which map reference is hereby
made.
Together with the right of ingresm and egress to and
from the same, unto the said party of the second part, its.
agents and employees and the right to do and perform all things
necessary and convenient to the use of the right hereby granted.
Said pipe line shall be laid and constructed along the
following described course, to —wit:
Beginning at a point in the northerly line of French
Street, said point being 30.7..5 feet southwesterly from- the
most southeasterly corner of Block No. 149 as.said block
is shown upon that certain map entitled, "Map of J. Harford•s
Addition to the City of San Luis Obispo. Surveyed by B.
F. Hinchliff e, April 1876" on file in the office of the
State of California, Iss.
County of San Luis Obispo, 1
On this .............. a3.r.d ...................... day of ..................... Jun.e .... ...................................... in th, yonr one thou.s.ind nine hundred and
........................... thixtvon.-.rane. ........................... before me, M. A. FITZGERALD, a Notary Public In and for the said County and State,
residing; (horoin, duly commissioned and sworn, personally appeared ............. J-ozeph ...... uiaca .... anic ...... ... ] U c ia - -aU-5 C-a -
known to me. to h,' the PVrson R. drqcril,011 ill, :01d "-1101e Millws .... . .... are ................... stli-crihod
ro the within instrument nrid ......... they ...... . ........... ackno%,le,1god to nie thnt .......... the,7 ....................
executed the same
In Witness Whereof, I h.1VV h-•Trllnlrl sot my and and affixed my of ill SMI the day and
%-,-:ir in this c.,rtificale first above written. n --)
�
\'nl:iz-y Viddle in :md lor the (70LI111•.Of Snll T.UiS clK.qjq, Mato of /'.;,1ifornin.
County Recorder of said County; then.N. 90 000 E., 311.7
fee-t,. more or less, to a point in the line between lots
Two (.2J and .Five (.5)=, as shown on the above described map.
Said party of the second part agrees to bury said pipe
in a trench at least four f4J feet deep and in such manner as
not to interfere with the use of said property by parties of
the first part, their successors and assigns,. for farming
purposes-, for the construction of buildings and for any and
all other purposes not inconsistent with the right hereby
granted.
If, in the future;. such pipe line, by reason of its
particular location, shall interfere with the subdivision of said
property, or shall interfere with the improvement or development
of said property, or shall interfere with the construction of
buildings and improvements on said property, or if parties of
the first part, their successors or assigns shall, for any
demonstrative reason, desire said pipe line changed and removed
from its then location to another portion of said4omperty,.
party of the second part, within thirty (.30). days after receiving
notice, agrees to remove and change said pipe line to such _
location as may be satisfactory to parties of the first part,
their successors or assigns.
Said party of the second part agrees to pay any and
all damages which may arise or result from the laying, con-
structing,. operating, maintaining,. repairing, reconstructing
or changing said pipe line..
IN WITNESS VIEREOF,. the :said parties of the first part
have hereunto set their hands the day and year first above
written.
f
'RESOLUTION ITO. 3_ 7 (NEW SERIES)
A RMOLUTION ACCEPTING A`DIED. FROR JOSEPH.'.
RUSCA'.AND LUCIA RUSCA.
..FE IT RESOLVED by the Council of the City of San Luis
Obispo as followes
That that certain deed dated June 23rd, 1931, made and
executed by Joseph Rusca and.Lucia Rusca and conveying to the
City of San Luis Obispo a right of way across the following
described property, to —nits
Lot No. Five (5) in Block No. 149, as said lot and
block are:shown and delineated upon that certain map
entitled, "Map of J. Harford's Addition to the City of
San Luis Obispo. Surveyed by A. F. Hinehliffe, April
1876" on file in the office of the County Recorder of the
County of San Luis Obispo, to which map reference is hereby
made,
be. and the same is hereby accepted by the City of San Luis
Obispo.
The City Clerk is hereby authorized and directed to
cause said deed to be recorded in the office of the County-
Recorder of the County of San Luis Obispo.
PASSED AND ADOPTED this 6th day of July, 1.9311 by
the following vote:
AYES: J.B. Berkemeyer, John_ Chauek` H E Cox, L. F. Singhaimer_
NOES: None
ABSENT: L. J. Defosset
ay L. F. Sinshei r
ATTEST:
City clerk.
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SECU1 .ITY TITLE INSURAI .L.JE COMPANY
eecuwrry
TITL® 1049 MARSH ST.. P.O. BOX 1143. SAN LUIS OBISPO. CALIFORNIA 99408 • (808) 849.8211
PRELIMINARY REPORT
City Plater Dept.
990 Palm Ste
San Luis Obispo, CA 93401
Attention: Robert Paul
Dated as of Papamber- 34 19-73- at 7:30 A.M.
Your No..
Our No. 98574
In response to the above referenced application for a policy of title insurance,
SECURITY TITLE INSURANCE COMPANY
hereby reports that it is prepared to issue, as of the date hereof, a California Land Title
Association Standard Coverage Form Policy of Title Insurance describing the land and
the estate. or interest therein hereinafter set forth in Schedule A, insuring against loss
which may be sustained by reason of any defect, lien or encumbrance not shown or re-
ferred to as an Exception in Schedule B or not excluded from coverage pursuant to the
printed Schedules, Conditions and Stipulations of said policy form.
This report (and any supplements or amendments thereto) is issued solely for the pur•
pose of facilitating the issuance of a policy of title insurance and no liability is assumed
hereby. If it is desired that liability be assumed prior to the issuance of a policy of
title insurance, a Binder or Commitment should be requested.
Joi�tle1l-ia&r
P -116 Rov. 1 -:0
CLTA P;ehrnmary Report Form
SCHEDULE A
The estate or interest in the land described or referred. to in this schedule covered by this report is:
A fee.
Title to said estate or interest at the date hereof is vested in:
SWE OF CMJFOMA.
The land referred to in this report is situated in the State of California, County of San Luis Obispo
and is described as follows:
PARCEL l: Lot 5 in Block 149 of J. Harford's Addition to the City of San Luis
Obispo, in the City of San leis Obispo, according to the map filed May 8, 1876
in Book A at page 123 of Maps.
PARCEL 2: That portion of lot 1 in Block 149 of J. Harford'a Addition to the
City of San Luis Obispo, in the City of San Lois O'oispo, according to the map
filed May 89 1876 in Book A at page 123 of Maps, described as follows:
Beginning at the most Southerly corner of said Lot 1; thence North 6 l /g° East
along the West line of said lot, 260 feet, more or less, to the Southwest
corner of the property conveyed to Joseph Rusea by deed recorded in Book 123 at
page 536 of Deeds, records of said County; thence South 81° East along the line
of the property so conveyed, 92 feet, more or less, to the Northwest corner of
the property conveyed to Emanuel Firpo by deed recorded in Book 144 at page
368 of Official Records, records of said county; thence Southeasterly along the
West line of the property so conveyed 125 feet, more or less, to the Southeasterly
line of said Lot 1; thence South 48 1/2° West dong said Southeasterly line, 194.56
feat, more or less to.the point of beginning.
Except therefrom all minerals, oil, gas,.petroleum, naptha and other hydrocarbon
substances in, on or under said real property or recoverable thereon or there-
from, however without the right to ever drill dig or mine through the surface
of the above—described � �lland, as reserved by Richfield oil Coporation, a corporaticn
in deed dated January 12, 1955 and recorded July 18, 1955 in Book 811 at page 207
of Official Records.
e
P -116 -C (G.S.)
CLTA Preliminary deport rorn la's
SCHEDULE B
.At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained
in said policy form would be as follows: .
1. An easement to lays constructs operate and maintain a water pipe line across
Lot 5s herein describeds together with the right of ingress and egress to and
from the same as granted to the City of Sala Isis Obispo, a municipal corporatioag
by deed dated June 23, 1931 and recorded in Book 112 at page 416 of Official
Records, records of said County.
244� Any rights, interests or easements in favor of the public which exist or are
cla+ywad to exist over any part of said land covered or formerly covered by water.
3. Any adverse claim based an the assertion that the San Isis Obispo Creek has
moved,
i2/ lm
eve
,
P -116 -D (G.S.)
CLTA Preliminary Report Form Os
_• O P
m
"THIS PLAT IS INSERTED AS A 61ATTEFI NFORMATION DIMLY, AND WHILE VIE SAME
iS C.0 %1 ,11I.E0 FROM INFORMATION W141CH WE BELIEVE TO BE CORRECT. NO UAB!Lln
IS ASSUMED BY IH13 ODMPANY AS W ME CORRECTNESS Of SAID 2IiD2MI(Xi."
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da3n!qiH a
JOSEPH RUSCA at ux
+
to THIS LMDEUTURH, made this 23rd day of Jame, 1931, between
CITY OF SAN LUIS OBI6P0 + JOSEPH RUSCA and LUCIA RUSCA, his rife, both of Ban Luis
. . . . . . . . . . . . . s Obispo, California, the parties of t o first part, and
CITY OF SAN LUIS OBISPO, a Municipal corporation of the State of California, party of
the second part;WITHESSETH:
That the said parties of the first part, in consideration tf the ens of TWO Dollars
010.00) lawful money of the United States of America, to than in hand paid by party of
the second part, the receipt whereof is hereby acknowledged, do by these yresentss grant,
bargain, sell and convey unto the said party of the second part and to its successors and
assigns forever, a right of way to lay, construct, operate, rain °.ain, repair, change and
K.A.F. reconstruct one Ten (10) inch pipe line for the transportation o:' water, across, under
A.P.
and through that certain lot, piece or parcel of land situate in the City of San Luis
Obispo, County of San Luis Obispo, State of California, and described as follows, to -Witt
Lot ■o. Five (5) in Block go. 149, as said lot and block are shown and do" &tea
upon that certain map entitled, 'uap of J. Sarfordts Addition to the City of Sat Luis
Obispo. Surveyed by B. F. Hinchliffe, April 16760 on file in the office of the Comty
'f Recorder of the County of San Luis Obispo, to which stay reference is hereby made.
Together with the right of ingress and egress to and from the same, Onto the said ?
f ¢ Party of the Second part, its agents and employees and the right to do and perform all ;
t things necessu7 and covenient to the use of the right hereby grunted. !
4 Said pipe line shall be laid and constructed along the following described course",
to -11"Itt
I
Begtazing ads point in the northerly line of French Street, said point being •--
E
307.5 feet southwesterly from the most southeasterly corner of Block go. 149 as said
block is shown upan that certain map entitled, 'Up of J. Barfordts Addition to the City!
1 ,
( of San Luis Obispo. bm.veJed by B. F. Hinchliffe, April 1876' on file in the office of the
i
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Oomty Zcordar of said Camtyi the4 F. 90 00! E., 311.7 feet, core o:
Point in the liaw�*tseo late ' (2) and Fin (5). as aboma m the above abed a-T.
Bald party of the saaond part agrees to bury said pipe in a trench at least four
(4) feet deep and in snob meaner u not to interfere with the use of said property by
Portion of the first part, their successors and assigns, for farain8 purposes, for the
construction of buildings and for any and all other purposes not inconsistent with the
I right hereby granted.
+ If, in the futon*, such pipe line, by reason of its particular locatim, shall '
Iinterfere with the subdivision of saki property, or sh&11 interfere with the improve-
pot or development of said property, or shall interfere with the construction cc �
buildings and improvements on said property, or if parties of the first part, their
ageo*ssors or 98315331 shat, for any demonstrative reason, desire said pipe line changed
and removed from its then location to another portion of sald property, party of the ;
ascend part, within thirty (30) days after receiving vatic*, agrees to remove and
wbang* said pipe iias♦ such location as may be satisfactory to parties of the first
' part, their successors or assigns. i
( Said party of thmreoead part agrees to pee any and all damages which stay arise or
result from the laying, constructing, n1orating, repairing, iri pa ng, reeonetraoclag
or changing said pipe line. i
IN WITNESS WSEFEOF the said parties of the first part have bsreunto Pet their {
# hands the day and year irst above written.
STATE OF CALIFOE3IA,
BB
J. Rcsca
Lncla Dance
1 COCYT! OF BAN LUIS OBISPO. ) On this 23rd day of Juns in the year one thousand nlje
I hundred and thirty -one, before me, N. A. FITZGERALD, a Notary Public In and for said
1
! County and State, residing therein, duly and commissioned and sworn, personally appeared
Joseph Ruse& end Lucia Ruse&, known to as to be the persons described in, and whose
names are subscribed to the within instrument and they acknowledged to me that they
executed the same.
1
IN WITNESS iEMEOF, I have hereunto set 27 hand and affixed my official
seal the day and year in this eptlfleate first above written.
SEAL N. A. Fitzgerald
Notary Public in and for the County of Ban Luis Obispo, State of California.
ABSOLUTION E0. 357 (NEW SMUES)
A RFSOLDTION ACCEPTING A DEED FROM JUBEPN 7
1 ROSCA AND LUCIA EDSCA.
BE IT RESOLVED by the Council of the City of Sam Luis Obispo as followes
That that certain deed dated June 23rd 1931, made and executed by Joseph Ruses
hand Lucia Resca and conveying to the City of San Luis Obispo a right of way across the
ifollowing described property to -wit- -
Lot No, Five (S) in °lock No. 149, as said lot and block are shown and delineated
upon that certain map entitled, viap of J. uarford'e Adaition to the City of San Luis
Obispo. Surveyed by B. F. Rinchliff*, April 18762 m file In the office of the County
Recorder of the County of ban Luis Obispo, to which cap reference is hereby made,
tbe, and the same Is hereby accepted by the City of San Luis Oblaoo.
Tb-9 City Clerk is hereby authorized and directed to cause said deed to be recorded
L^_s ri lam: of the Cotrtp Rstorlar of tta U=7 oa SIA Luis Obispo.
PI : --D AND AD0?-.fD this 6th day of July, 1931, try the fol3sain4 votes
We J. 3. :arkemeysr, Jebm C:s;,ek, E. E. Cox, L. F..Snihalzsr.
L. J. Defc,.x,t-
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L. P. SLaaheimor �
e�
NAyor (L. F. Sjusbei2ap)
ATrWTI
Collis Is. John
City Clerk
Pj!CORDM AT REWEST OF Bra. Canle I. Jobc JUL 10 -931 at 30 n1r.. past 10 otclo--k A.m.
L. FLanAgc County Feccrdor
LBAJ;.A-,AW,APAWAFARLPA;;AFAFArAl%k.'.LrAF,AFJ-QAPAFARAFJJLUL Rea AILLRLIAPAFJ,FAWARAWAPAR;JUR
4219
ITEML OWES
DEED
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