HomeMy WebLinkAboutD-1160 Foothill Blvd. Nw Parcel A To Se Parcel C Recorded 11/04/1983Re- herding requested by:
pity of- San -Luis Obispc
Vhe4 recorded return to:
CITY CLERK'S OFFICE
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, CA� 93401
DEED OF EASEMENT
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• 4� U 1-90" L
55562
SAN LUIS OBISPO CO'., CAL
NOV 4 1983
FRANCIS M. GOONEY
County Clerk- Recorder
TIME 1-2: 15 PM
A.P.N. 52- 174 -47
BURT POLIN AND FRANK TRUCHAN, as Grantors, hereby grant to the
CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantee, the following
easement in the City of San Luis, Obispo, County of San Luis Obispo, State of
California, to wit:
An easement to maintain, repair, replace, enlarge, and remove
a public sewer and appurtenances in and across that portion of the
Northeast quarter of the Northeast quarter of Section 27, Township 30
South, Range 12 East, Mount Diablo Base and Meridian, in the City of
San Luis Obispo, County of San Luis Obispo, State of California, according
to the official plat of the survey of said land approved by the Surveyor
General, said easement being 10.00 feet wide measured at right angles
lying Northeasterly and parallel to the following described line:
Beginning at the northwest corner of Parcel "A" of parcel map SLO -77 -357
as recorded at Book 28 of parcel maps at page 57 in the Office of the Recorder,
County of San Luis Obispo, California, said point also being on the Southerly
right -of -way line of Foothill Boulevard; thence departing said right -of -way
South 06 35' East a distance of 209.97 feet to the Southeast corner of said
Parcel "A" said point also being the Northwesterly corner of Parcel "C" of
said parcel map SLO -77 -357, thence along said Westerly lot line South 00 35'
East a distance of 60.07 feet to the true Point of Beginning, thence along
the Westerly boundary of said Parcel "C" South 00 35' East a distance of
148.03 feet to the Southwesterly corner of said Parcel "C "; thence along the
Southerly boundary of said Parcel "C ", North 890 17' 09" East a distance of
253.14 feet to the Southeasterly corner of said Parcel
IN WITNESS WHEREOF, Grantors have hereunto caused their names to be
subscribed this ,2 9 - �4 day of , 1983.
c.
Michael; S. Szatlocky
Civil Engineer for City of SLO
Burt Polin
Frank Truc an
von 253 :�..:�_533
1))160
SUBSCRIBING - WITNESS ACKNOWLEDGMENT ( "WITNESS JURAT ")
19$_�
On this the —Ltb-- day of eared
before me, the undersigned Notary Public, personally app
Michael S. Szatlocky (name of witness),
® personally known to me
❑ proved to me on.the oath /affirmation of a
credible witness, whom I know personally,
to be the person whose name is subscribed to the within instrument as witness
(he /she)
thereto, and who swore or affirmed before me that 11P (name of signer
k
personally knows knows K „rL r�l in & Fr�3,
not appearing before Notary) to be the individual whose name is subscribed
to the Mthin instrument as principal and witnessed that individual sign the same
and acknowledge signing it freely for the purposes therein contained.
WITNESS my hand and official seal.
1--- r-�, r�% A 0
State of California
SS.
County of San Luis Obispo
OFFICIAL SEAL
W' = DIANE R. STUART
^4 T NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN LUIS OBISPO COUNTY
My Commission Expires Apr 23, 19E
I'M
7160 122
NO. 206
Notary's Signature
ura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91364
NATIONAL NOTARY ASSOCIATION • 23072 Vent
,r
ROUGEOT
SCALE
I"= 100,
9
P O.B-w FOOTHILL BLVD.
8
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O N
° PARCEL
N. A
PARCEL
B
28 PM 57
PL. � iI `TP am
M
28
co PARCEL PARCEL C
co
`t 101 SAN. SEWER 1868 OR
n I EASEMENT 218
= 29 253_14_
O _
M S8 90117' 0 W
O I 62 62 62 I SLO-76 -390
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I I
"i PARCEL B
C B A I I
I I
MEINECKE AVENUE
to
EXHIBIT A
Alcity of SEWER EASEMENT
S�y1 �U�C OBIS PO Burt 'Polin an TO rank Truchan
I J Jp THE CITY OF SAN LUIS OBISPO
VIOL 2538: ,.J,t_ 535
i
I
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 Deed of Easement
dated June 29 1983, from Burt Polin and Frank
Truchan
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.
u
• A"TTES,.
amt i ` 1
s -City Clerk Pamela
END OF DOCUMENT
s
CITY OF SAN LUIS OBISPO
VOL 2538 536
EXHIBIT "A"
AGREEMENT
This,q$j.�66tdfit by and between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and Burt Polin and Frank Truchan,
California, hereinafter
called "Owners ".
WITNESSETH
WHEREAS there has been called to the City's attention a poor condition
of the sanitary sewers in the back yards of the properties in-.the 800 block.
of Meinecke Street: and
WHEREAS, the City has plans to correct the situation by.:,the installation
of new sewer.lines with adequate slope and proper standards, and;
WHEREAS, it is necessary to have access to the area of construction.
NOW THEREFORE, the parties hereto ;mutually agree as follows:
1. Owners agree that the City may, at its sole cost, reconstruct
the sewerline along the side of the property as shown on the plans
for City Project E -42, Meinecke Easement (Chorro to 300' Easterly).
2. The City agrees' to pay the full cost for the work including
engineering, surveying, inspection, labor and materials.
3. The City agrees to connect the laterals now connected to the old
sewer main from the subject properties into the new sewer main.
4. The City agrees to restore all paving, landscaping and /or fencing
removed or damaged by the installation of the sewerline to the
original condition.
5. The owner agrees to sign an easement for a ten fo6t wide easement
for construction and maintenance of the new sewer main and agrees
to allow access for the expedient construction and maintenance of
the sewerline.
6. The City agrees to exeznp;t said property from future frontage
changes per Municipal Code Section 7500.4.
7.; The City intends to construct the sewerline in the summer of 1983
however, in the event that the City does not construct this sewerline
for any reasons within three years, this agreement shall become null
and void.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the 27-day of __ �A 1983.
Citv of San Luis Obispo
A
Approved as to form: Approved as to content:
CitJAtto
y l C 4Adm* 4strive Officerr
Director i c Services
ity E gineer
u
' t
EXHIBIT "B"
:f
AGREEMENT
Th.i.s agreement, by and between THE CITY OF SAN LUIS .OBISPO, a municipal
corporation, hereinafter called. -" City " -, and - JERRY .JUHL
and SUSAN JUHL
California, hereinafter called "Owners ".
WITNESSETH
WHEREAS there has been called to the City's, attention a poor condition
of the sanitary sewers in the back yards of the properties in the 800 block
of Meinecke Street; and
WHEREAS, the City has plans to correct'th -e situation by.the installation
of new sewer lines with adequate slope and proper standards, and;
WHEREAS, it i's. necessary to have access- to the. area of construction.
NOW.THEREFORE, the.:parties':hereto .mutually . agr_ee. -as fohl;oWs:
1. Owners agree that the City may;, at its sole cost; reconstruct the
sewerline along the side of the property as shown on the plans for
City Project E -42, Meinecke Easement (Chorro to 300' Easterly).
2. The City agrees.to pay the full cost for the work including
engineering, surveying, inspection, labor and materials.
3. The City agrees to connect'the'laterals now connected to the old
sewer main.'from the subject properties into the new sewer main.
4. The City agrees to restore all paving, landscaping and /or fencing
removed or damaged by the installation of the sewerli.ne to the
original condition.
5. The owner agrees to sign an easement for a twenty --'foot wide- easemefitr
construction and maintenance of the new sewer main and agrees to
allow access for the expedient construction and maintenance of the
sewerline.
6.- The City intends to construct the sewerline in the summer of J983
however, in the event that the City does not construct this sewerline.
for any reasons within three years, this agreement shall become null
and void.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
the 211 day of 19TOr
Approved as to form:
City Att ney
Approved as to content:
City Admi ra ve Offi cer r
'Director of Public Services
Pty gineer
RESOLUTION NO. 5231 (1983 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AGREEMENT BETWEEN THE CITY AND BURT POLIN AND
FRANK TRUCHAN GIVING THE CITY EASEMENT FOR SEWERLINE PURPOSES
AND
AN AGREEMENT BETWEEN THE CITY AND JERRY JUHL AND SUSAN JUHL
GIVING THE CITY AN EASEMENT FOR SEWERLINE PURPOSES
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreements, attached hereto marked Exhibit "A"
and Exhibit "B" and incorportated herein by reference, between the City of San
Luis Obispo and Burt Polin and Frank Truchan, owners; and Jerry Juhl and Susan
Juhl, owners; 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: Burt Polin and Frank Truchan,
and Jerry Juhl and Susan Juhl.
On motion of Councilman Settle
and on the following roll call vote:
, seconded by Councilwoman Dovey
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and ado ted the 18th day of
ATTEST: /
City C rk Pamela -Voge6
City A
gTgeer
October , 1983.
R 5231
11 i.�l�l illl Il���i;i �{i�lll � ••i ;.l��l�
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II
:RiGllltil'Lf A G ' M NB�Gi0d1411tka �N EN 11H,
October 21, 1983
City
or
SAY")
1UIS
OBISPO
i '!1 ;< iiISICC; i�U!. .1i1
.;'li' �_J Iti
(JI71SD(,1 (", ^,, �' -).i•i
_• � :1'..,
d;l
Mr. Burt Polin and Mr. Frank Truchan
486 Marsh Street
San Luis Obispo, CA 93401
Gentlemen:
Please.be advised that the San Luis Obispo City Council took action at
its meeting of October 18, 1983, to adopt Resolution No. 5231 (1983 Series),
a resolution accepting a deed of easement for construction of a sewerline
in conjunction with "SEWERLINE IMPROVEMENT PROJECT, CHORRO EASEMENT,
ROUGEOT TO MEINECKE ", City Plan No. E -42.
A copy of the resolution has been enclosed for your files. Should you
have additional questions, please feel free to call.
Sin erely,
Pamela Voges
City Clerk
Enclosure - Resolution No. 5231 (1983 Series)
PV: jlwp
luis ®Bis city ® s An
OFFICE pf= 1 f I - CITY CLFRK • 990 PALPA STNLE I
Post Ofiico Box 321 San Luis Obispo. CA 93 M, i,... i" 1. �1fiU
October 21, 1983
Jerry and Susan Juhl
775 Ardath Drive
Cambria, CA 93428
Dear Mr. &.Mrs. Juhl:
Please be advised that the San Luis Obispo City Council took action at its
meeting of October 18, 1983, to adopt Resolution No. 5231 (1.983 Series), a
resolution accepting a deed of easement for construction of a sewerline
in conjunction with "SEWERLINE IMPROVEMENT PROJECT, CHORRO EASEMENT., ROUGEOUT
TO MEINECKE ", City Plan No. E -42.
A copy of the resolution has been enclosed for your files. Should you have
additional questions, please feel .free to call.
Sincerely,
i
(Pamela. Voges
City Clerk
PV:js
Enclosure
( �`II'I^Iy1ll�llllllllllll III � EETING DATE:
II III ll" C, � of San ,S OBISPO October 18, 1983
i
COUNCIL AGENDA REPORT ITEM MB R
FROM: Wayne A. Peterso� Prepared By: Michael S. Szatlock
City Engineer Civil Engineer
SUBJECT:
Acceptance of Sewerline Easements in Conjunction with " Sewerline Improvemen
Project, Chorro Easement, Rougeout to Meinecke, City Plan No. E-42"
CAD RECOMMENDATION:
Approve the acceptance of the agreements between the City and Burt Polin
and Frank Truchan, and Jerry Juhl and Susan Juhl and authorize the mayor
to sign same.
BACKGROUND:
Sewerline Construction Project., City Plan No. E -42, involves the construction of an
eight (8) inch replacement sewer from Rougeot Street to Meinecke Street. Plans and
specifications have been approved by the City Council and the project is currently
under construction. The subject property owners have offered sewer maintenance ease-
ments to the City: These easements guarantee to the City the right of entry to
maintain and repair the sevierline.
ALTERNATIVES
1. Accept the sewerline maintenance easements.
2. Do not accept the sewerline maintenance easements.
PROS AND CONS OF THE TWO ALTERNATIVES
Alternative 1. Acceptance of the sewerline easements will guarantee the right of
entry to the City.
Alternative 2. Failure to accept the sewerline easement will not guarantee the right
of entry to the City. The Maintenance Division has experienced
problems in entering some properties in the Chorro- Foothill area due
to lack of easements in other locations.
FISCAL IMPACT None
RECOMMENDATION
Approve the acceptance of the agreements between the City.and_Burt Polin and Frank
Truchan, and Jerry Juhl and Susan Juhl and authoiize'the mayor to sign same.
Attachments: Easements
Easement Agreements
MSS:rw
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