HomeMy WebLinkAboutD-1147 Tract 703 Recorded 09/13/1982RECORDING REQUESTED BY:
rUi'ty Cierk
City of San Luis Obispo
WHEN RECORDED RETURN TO:
City Clerk 1.
City of San Luis Obispo
P. 0. BOX 321
San Luis Obispo, CA 93406
388'7 6647
DOC. NO.
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAI
SEP 13 O -
WILLIAM E.ZIMARI4C
COUNTY- RECORDER
Trams 2 :55 PM
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GRANT OF EASEMENT APN # 76- 351 -31
AND AGREEMENTS RELATING THERETO
This Agreement is made this day of April, 1981,
by and between AUGUST MEISSNER ( "Grantor ") and the City of
San Luis Obispo, a municipal corporation.
( "Grantee ") upon the following terms.and conditions:
AGREEMENTS
1. Grant and Location of Easement for Sewer and Other
Utility Purposes.
For valuable consideration, the receipt of which
is hereby acknowledged, Grantor hereby grants to Grantee
an easement on, over, under and through that certain real
property situate in the City of San Luis Obispo, County of
San Luis Obispo, State of California, and specifically des-
cribed as follows:
The most westerly 28.8 feet of that.certain
existing 30 -foot wide private roadway commonly
known as "Meissner Lane" which lies between
lots 45 and 39 of the San Luis Obispo Suburban
Tract according to map filed for record
February 6, 1906 . in Book 1, Page 92, of Records
of Survey recorded in the official records of
the County Recorder of San Luis Obispo County.
for the purpose of constructing, operating, maintaining,
repairing, replacing and improving one or more underground
sewage collection or transmission lines, together with the
right of ingress to and egress therefrom for the purpose
of constructing, operating, maintaining, repairing, replacing
and improving said sewage collection or transmission facilities
or any replacement sewage collection or transmission facilities.
2. Nature of Easement. The easement herein granted
shall be in gross and shall be for the benefit of the Grantee
and Grantee's heirs, successors, assigns and personal repre-
sentatives and shall bind Grantor and Grantor's heirs,
successors, assigns and personal representatives.
3. Indemnification. All costs of constructing,
operating, maintaining,. repairing, replacing or improving
any sewage facilities constructed on the easement herein
granted will be borne by Grantee. In the event that Grantee
takes any action hereunder to construct, maintain, repair,
replace, install, remove or improve any such facility pursuant
to the easement herein granted, Grantee hereby agrees to and
shall indemnify Grantor against any action, claim, loss or
damage arising therefrom, including reasonable attorney's fees,,
costs and expenses of litigation and agrees to defend
Grantor in any such action or proceeding arising therefrom
upon written request by Grantor.
4. Further Assurances. Grantor and Grantee hereby agree
to execute such additional documents and to take such further
action as the other party may deem necessary or desirable
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to further evidence the easement herein granted.
5. Notices. All notices specified herein shall be
mailed first -class mail, postage prepaid, to the following
addresses or to such other addresses as either party may
specify by written notice to the other:
To Grantor: August Meissner
Route 1, Box 18
San Luis Obispo, CA 93401
To Grantee: City of San Luis Obispo
Post Office Box 321
San Luis Obispo, CA 93406
IN WITNESS WHEREOF, the Grantor and Grantee have
executed this Grant of Easement and Agreements Relating
Thereto as of the date first hereinabove written.
GRANTOR:
GRANTEE:
ATT
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C TY CLERK P 0 ES
Aug st eissner
STATE OF CALIFORNIA
s1.
COUNTY OF qan Tiui S Obi SDO
K m y� p
r E On /+h1 X. Q9, 19O 1 before me, the undersigned, a Notary Public in and for
o
U August Meissner
u said State, personally appeared
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known to me to be the person whose name 1s
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subscribed to the within instrument and acknowledged to me
Official Seat
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MAR_...3 tit HOLMES
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that— f1P executed the same.
NOTA;'.Y PUBLIC - CALIFORNIAI
SAN LUIS G:.:S ?O COUNTY
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WITNESS my hand and official seal.
My Commis-.an Expires
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APRIL 29, 1983
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Signature
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VOL
Name (Typed or. Printed)
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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 Grant of Easement and Agreement Relating Thereto
dated April 28 , 198.2, from August Meissner
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 of his agent.
Date: August 31, 1982
CITY OF SAN LUIS OBISPO
' ' ~ B `i
lig Mayor
ATTEST °.� Ili I �;