HomeMy WebLinkAboutD-1105 3134 Spring Court Storm Drain Access Recorded 01/19/1984This document is being rerecorded to correct the property description
as Lot 6 instead of Lot 7 as previously shown.
Dw. No 3166
. v�uu. �eo�OROs
SM u." OBMPO 00., cA
JAN 1 91984
Gary Deno
FRAi�Ci8 K LOONEY
COU"Iy CW&-PAwrdW
WE .1 :4 Q PM
Susan Deno
,1.
R.eccTding Requested By:
COPY iSAN LUIS OBISPO
When RA corded Please Return To O
CITY CLERK'S OFFICE
City of San Luis Obispo
P.O: Box.321
San Luis Otri. fwd 931
RIGHT OF ACCESS
Eu €3,1 S
a
GARY AND SUSAN DENO, owners of Lot '6, Block A, Tract 166, in the City
and County of San Luis Obispo, hereby grant to the City of San Luis Obispo,
a municipal corporation,-the right of access from Spring Court to the
entrance of storm drainage facilities located near the northerly property
line of said property. Access shall be over and across those areas more
particularly shown on Exhibit A, attached, and shall be for the purpose of
maintaining said storm drainage facilities.
- - -- IN WITNESS WHEREOF; Grantors have hereunto caused their names to be
subscribed this day of =- 4filt; , 1981.
Gary Deno
d
Susan Deno
Wi.,tness :
Date: 2 -11 -81
(Witness)
STATE OF CALIFORNIA
COUNTY OF San Luis Obispo ( SS.
On' 7 -11 R1 before me; the-
...,,.
undersigned; a Notary Public in and for said State, personally appeared
D. F. Romero , personally known to
me to be the person whose name is subscribed to the within Instrument, as
U1 a Witness thereto, who being by me duly sworn, deposes a_nd, says:
= That he resides in San Luis DbI S 0 and that he
W was.present and saw. Gary Deno and usan Deno - - - --
a ersona
Q p ]] known to him to be the same persons described in
m and whose names are subscribed to the within and annexed Instrument
a.. , tt e Part 1 es thereto, execute and deliver the same, and
eY acknowledged to said affiant that theY Lexecuted the same;
and"that said afIiant subsc
WITNESS my hand and o ial ,
( Seal) OFFICIAL SEAL
Signature MARILYN PERRY
Marilyn 0 NIA
TO 443 C Name „ ra ted NC!!?ALOK IN
W LUIS OBISPO COUNTY
Notary P 'Iic *G' wiSsidit Emirps Aua 19 1 CAR
Aj CA
DOC.IVO.
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
FEB 181981
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME 1j'. Itoe
i
VOL 2558 PAGE 996
ro,2306i �21
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3134 SPRING CT.
• • ' high wooden fence
Lot 6
Block A t
Tract 166 -
. - FIREA OF
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EXHIBITI'A
61- 2306PAGE 2 u W m ;1;Q nmrr 0O I /
C]
•
C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed by
the - Right of Access
dated January 31 , 1981, from Gary and Susan Deno
to the CITY OF SAN LUIS OBISPO, a Political-Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council
pursuant to authority conferred by Resolution No. 549 (1959 Series),
recorded May 26, 1959, in Volume 1002, Official Records, Page 292,
San Luis Obispo County, California, and the Grantee consents to
recordation thereof by its duly authorized officer or his agent.
Date: February 5, 1981
ATTEST: ;" f j +
L
J
Ttzjeatrick, City Clerk
a�
VOL IW55S PAGE 998 VOA 2,306PaGE 12
RESOLUTION NO. 4363 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS 0BISPO APPROVING AN AGREEMENT BETG]EEN THE
CITY AND GARY DENO AND SUSAN DENO FOR CONDITIONS
AND PAYMENTS OF AN EASEMENT TO A STORM DRAIN
INLET ON THEIR PROPERTY AT 3134 SPRING COURT, SLO.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated her by reference, between the City of San Luis Obispo and
Gary Deno and Susan Deno
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Gary and Susan Deno,
City Finance Director, and the Director of Public Services.
On motion of Councilman Dunin seconded by Councilwoman BilliQ
and on the following roll call vote:
AYES: Councilmembers Dunin, Billig, Bond, Munger and Mayor Cooper
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopt5a-,)this 16th day of December , 1980•
ATTEST:
CITY '00tRK J.H. FITZPATRICK
APPROVED:
City'kdm�n,fgftattive Officer
A �„�jt L�.� City At Yx- e )
F3'nance— Uired'ror
Public Services Director
LYNN R.
vni ?r 5R PAU i44
R 4363
VOL 2306PAGE 1
AGREEMENT
THIS AGREEMENT, made and entered into this /,�- day of 1980,
by and between GARY DENO AND SUSAN DENO, husband and wife (hereinafter called
"Owner ") and the CITY OF SAN LUIS OBISPO,.a municipal corporation (hereinafter
called "City ").
WITNESSETH:
In consideration of the mutual benefits, promises and agreements set forth
herein, the parties agree as follows regarding owner's property at 3134 Spring
Court.:
1. .City will contribute $3,649 toward.the cost-of-concrete driveway and
slab improvements now being considered for construction alongside and behind the
house. The City contribution is to increase. the amount of steel and concrete
to a degree adequate to support occasional truck or equipment which must traverse
this area to service a storm drain inlet near the northerly edge of the property.
2. City at its sole cost will relocate existing storage shed to a mutually
agreeable site on the property. It is understood that the relocation might.
require construction of retaining walls and additional concrete slab; City shall
incur the cost of this construction.
3. City at its sole cost will install a gate a minimum of 14 feet wide in
the existing cyclone fence adjacent to the house.
4. City at its sole cost may improve emergency access between the slab and
the storm drain inlet by ramping, grading, fence modification, culverting, paving
or other method deemed appropriate. All work to be conducted to the approval of
the owner as .to compatibility with the yard landscaping.:
5. City agr--es -to -- restore any facilities on the property (including the
existing driveway) which may be damaged and to clean up any mess which may result
due to City action in maintaining the storm drain. Restoration and clean up shall
be conducted to the satisfaction of the owner.
VOL 2558 PAGE 100 6
i
(VoL20O6PAGE 125
a
6. City will pay owner the sum of .1, for perpetual access rights
across the property in order to service the storm drain inlet and as compensa-
tion for the disruption to the property.
7. In consideration of the above, Owner shall grant City a recordable
access right from Spring Court to the storm drain inlet,'generally along the
route of the improvements set out in Section 1, hereinabove.
IN WITNESS WHEREOF, City and Owner have executed this agreement the day
and year first above written.
GARY DENO
SUSAN DENO
CITY OF SAN LUIS OBISPO
DAVID F. ROMERO, DIRECTOR
PUBLIC SERVICES DEPARTMENT
VOL 2558 PAGE 100
VOL U PAGE Vol.
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VOL -2558 PAGE I UU v..
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WOLLAM REALTY
1204 Nipomo St.
Corner of Marsh
49 LA ODISPO, California 93401
Residence (805) 543
WES & GAi Associate MATTOCKS
Residential— Investment
Each Office is independently Owned And Operated
5, r. i-cE� �_ -P -_ST +. 1� r:,! ._. TEi' „M,C T"EREOF -0 SECURE AN INDEBTED-
NESS OF THE AMOUNT STATED HEREIN,
DATED APRIL 24, 1979
ORIGINAL AMOUNT $96,600.00
TRUSTOR KENNETH R. SEGER AND LIZBETH B. SEGER,
HUSBAND AND WIFE
TRUSTEE CALIFORNIA RECONVEYANCE COMPANY
BENEFICIARY GREAT WESTERN SAVINGS AND LOAN
ASSOCIATION
RECORDED MAY 7, 1979 IN BOOK 2152, PAGE 499 OF
OFFICIAL RECORDS
INSTRUMENT NO. 19872.
J 6. THE EFFECT OF THE FOLLOWING:
AN EASEMENT AFFECTING ALL OF SAID LAND FOR THE PURPOSES STATED
HEREIN, AND INCIDENTAL PURPOSES
IN FAVOR OF CITY OF SAN LUIS OBISPO
FOR THE RIGHT OF ACCESS FROM SPRING COURT TO
THE ENTRANCE OF STORM DRAINAGE FACILITIES
LOCATED NEAR THE NORTHERLY PROPERTY LINE
OF SAID PROPERTY
RECORDED FEBRUARY 18, 1981 IN BOOK 2306, PAGE 121
OF OFFICIAL RECORDS
NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID.
EASEMENT.
AT THE DATE OF SAID GRANT OF ACCESS, GRANTOR HAD NO RECORD INTEREST
NOR HAVE THEY SINCE ACQUIRED ANY.
C/'7. AGREEMENT ATTACHED TO GRANT SHOWN ABOVE
BY i GARY DENO AND SUSAN DENO -ems"/='
AND BY d CITY OF SAN LUIS OBISPO
FOR i REFER TO DOCUMENT FOR FULL PARTICULARS
RECORDED FEBRUARY 18, 1981 IN BOOK 2306, PAGE 121
OF OFFICIAL RECORDS.
.:ge au �-�.�
TICOR TITLE.INSURANCE
1212 MARSH STREET
SAN LUIS OBISPO, CALIFORNIA 93406
On-5) 5L__ -20,0
TO: LAURA WHITE
YOUR REFERENCE: SEGER /SMITH
OUR NO. 142839
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY
REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF
THE DATE HEREOF, A CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVER-
AGE FORM POLICY OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE
OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS
WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE
NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM
COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULA-
TIONS OF SAID POLICY FORM.
NOTICE: IF THE REAL PROPERTY COVERED BY THIS REPORT IS A RESI-
DENTIAL CONDOMINIUM UNIT, A RESIDENTIAL LOT, OR A RESIDENTIAL LOT
IMPROVED WITH A STRUCTURE CONTAINING ONE.TO.FOUR SINGLE FAMILY RESI-
DENTIAL UNITS, THEN THE POLICY ISSUED TO AN OWNER IN CONNECTION
HEREWITH, WILL NOT BE THE POLICY REFERRED TO ABOVE, BUT WILL BE THE
AMERICAN LAND TITLE ASSOCLATION RESIDENTIAL POLICY 1979 FORM.
THIS REPORT AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS
ISSUED SOLELY FOR THE PURPOSE 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.
DATED. AS OF DECEMBER 2, 1983, AT 7 :30 A.M.
TITLE OFFICER: DAVE TIBBET
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