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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 10` EASEMENT (805T1NG)' E C J ' LAWN .04 jK r_ f �� 1✓.j�i' • E. �• PINE g • \ . � high rxmQrodr t block high T jf • 7 {faK _- •" ' retaining wall _ ���1 G r, x 10 A 12' • ._ �`�Jti PINE t YV - A 10, PINE J 3134 SPRING CT. • • ' high wooden fence Lot 6 Block A t Tract 166 - . - FIREA OF eery R16Yr _ of F�1/TRy _ A /� 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. to channel 117/0 P L� -)ego Floe Sa ,�t98.2D�YA gpA0je \ STDe M 17 P'P 4 ed 30 P/ice EaS2 \ C (No-J °ant} M N' set cover h 9 r°dei c Josh Lot. frn�s f -END OF DOCUMENT NO OF 130CUMPNIT 5. • t`1� ,�o� •� P I> I �G 1 i \3� G STO/2M I e,41AI it 0,4714, ,e= l/S' 6 a f/O' 11Y' 37 "-� L= 32.0o" T: /c.7 /" tiry /V� `x/ oz ¢ Yap 04/ F / VOL -2558 PAGE I UU v.. vnl t P1 rF 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 0 J ,� � � � m Z of rn 3AI&C ,. S3 ci Al OS A cri U) C_ x M > lb. -j 0) LA > 0 > i .0 T. 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