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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 \ 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 —2 YGL ��'c,1P!GE�c��l 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 owl C�rl7� 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 - r - I m V E Q, LL known to me to be the person whose name 1s .a subscribed to the within instrument and acknowledged to me Official Seat rr.; +,r v!� MAR_...3 tit HOLMES c that— f1P executed the same. NOTA;'.Y PUBLIC - CALIFORNIAI SAN LUIS G:.:S ?O COUNTY �{ � C WITNESS my hand and official seal. My Commis-.an Expires o APRIL 29, 1983 o LL Signature q s MaeMq VOL Name (Typed or. Printed) _ [This area for official notarial seal) 9 — C.No �140 rr s,� [ • �.anv . � .a[- wo�aa�•a:-c+:a.�*safom�m^nm +n�ms SEW E EA N I" = 50' P/ U MEN(T G RANADA LOT 24 IVILIJJIVLI-- L /AIVG pR i VAT F C? ne r) LOT 45 f- AUGU5T_,,ME.lS5NEZ CITY .� 5rAI�1`��Ll .O�I5 0 LEGEWD —� - _5EWEK EASEMENT - . city of San Luis oslspo 5- S15 -8z ARw sy: ;? 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 �;