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Home My WebLink AboutD-1842 APN 001-014-060 Recorded 10/07/2009• RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Luis Obispo City Clerk's Office 990 Palm Street San Luis Obispo, CA 93401 i JULIE RODEWALD AG San Luis Obispo county — clerk/Recorder 10/07/2009 Recorded at the request of 2:13 PM Public D 0 C # : 2009055682 Titles: 1 Pages: 8 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 j -EASEMENT DEED RECEIVED 0 C T . 42' 3 2�U,9 SLO CITY CLERK 17�' - u EASEMENT DEED (To The City of San Luis Obispo) C� No Documentary Transfer Tax per Revenue Taxation Code 11922 APN: 001 - 014 -060 No Recording fee per Government Code §6103 For a valuable consideration, receipt of which is hereby acknowledged. James Frearson and Tommi Frearson, husband and wife as joint tenants (collectively herein after referred to as "Grantor ") hereby grant to CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, and its successors and assigns: . A Permanent Easement in gross to survey, install, construct, reconstruct, enlarge, lay, alter, operate, patrol, remove, relocate, replace, and maintain a sewer conduit, consisting of one or more underground pipelines and related facilities and to permit the entry upon the property for the purpose of maintaining and/or repairing a portion of an existing, adjacent retaining wall that encroaches upon the Real Property. These related facilities may include but are not limited to markers, and manholes. The markers, manholes, and other related facilities may be located below ground or at ground level and, if placed, shall be done in a manner which minimizes visual and physical obstruction. This easement shall be in, over, on, through, within, under, and across the:: Easement Area of the Real Property as defined in this paragraph. The "Real Property" is in the City of San Luis Obispo, County of San Luis Obispo, State of California described in Exhibit "A," attached hereto and incorporated by reference herein. The "Easement Area" which comprises the Permanent Easement is described in Exhibit "B," and depicted in Exhibit "C," both are attached hereto and incorporated by reference herein. The Permanent Easement(s) described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: L. The facilities and improvements installed in the Easement Area collectively are referred to herein as "City Facilities." Plans for City Facilities as they exist from time to time shall be maintained at the City's principal offices. 2. City shall have the right of ingress and egress for personnel, vehicles, and construction equipment to, from, and along the Easement Area at any time, upon 24 hours notice (except in cases of emergency requiring immediate access), including the right to use any existing or subsequently constructed entry or access to the Property, as shall be convenient and necessary for the purpose of exercising the right herein set forth; provided, however, that nothing herein shall prevent or limit Grantor's right to close any such entry or access and to provide the City with comparable alternative access to the Easement Area, as deemed reasonable by the City. The ingress and egress of personnel, vehicle, and construction equipment will be done in a manner that respects the security of the premises. 3. As the amount of earth or other fill over City facilities can affect the structural integrity of the the underground facilities, City shall have the right to maintain the height of earth of other fill over City's underground facilities. Grantor(s) shall not temporarily or permanently modify, or allow others in any way to modify, the ground surface elevation in the Easement Area from the elevation established upon completion of construction of the City's facilities without the City's written consent, which consent shall not be withheld unreasonably. -Page 1 of 2 - Grantor(s) shall not conduct, or permit other to conduct, grading operations, ripping, stockpiling; or other construction activitieswithin or proximate to the Easement Area to extent that City facilities may be damaged or, under any circumstances, without prior written approval by the City. This paragraph shall not apply to routine maintenance activities related to any authorized improvements within the Easement Area, to the extent that such activities present no reasonably foreseeable risk of damage to the CITY's facilities. 4. This easement is subject to all existing easements; utilities and facilities existing on the date this Easement is granted, and all future uses authorized by the CITY, which do not directly or indirectly interfere with or endanger City's exercise of the right described herein; provided, however, that City shall have the right to clear and keep clear from the Easement Area all activities, buildings, structures, walls, and other facilities of a permanent nature, and any earth cover or stockpile of material placed without the City's written consent, which interfere with the City's use of the Easement Area. Grantor shall not construct, nor permit others to construct; such permanent facilities which conflict with City's ability to use the Easement Area. City shall have the right of non - exclusive use and possession within the Easement Area for a distance of two (2) feet in every direction around the outside surface of the City Facilities and within the easement. In addition to any other legal and equitable remedies for violations of this paragraph, City shall have the right to do all things necessary and proper to remove any activities, buildings, structures, walls, and other facilities of a permanent nature, and any earth cover or stockpile of material placed without the City's written consent, which interfere with the City's use of the Easement Area, at the Grantor's expense. 5. Subsequent to the grant of this Easement, Grantor shall not grant any easements of any kind whatsoever to others in; over, on, through, within, under and across the Easement Area without the prior written approval of the City, which approval shall no be withheld unreasonably. Executed this S day of �2 i , 2008 Frearson ommi Frearson - Page 2of2- • • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California Countyof San Luis Obispo On Sep 14, n lae t' 5 2008' before me, A Im ✓I L - A-ntl SfA , Ne tv !V Pit bA, Date r,,, Here Inser Name and Title o We Officer personally appeared Tww) ryurso n and James r-aar an Name(s) of Signer(s) AMY L. ANTISTA COMM. #1573405 Q m NOTARY PUBLIC - CALIFORNIA SAN LUIS OBISPO COUNTY My Comm. Expires APR 26, 2008 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persons whose name &s/are subscribed to the within instrument and acknowledged to me that heAs3he /the executed the same in Uis�er /their authorized capacity w, , and that by UisA�heir signatured on the instrument the personG or the entity upon behalf of which the person@ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and ozial seal. Signature �/14 ,n Signature of ry Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Documenntn p" Title or Type of Document: eaS e I I iyn De e d Document Date: suttIn bo, 5 12-009 Number of Pages: Signer(s) Other Than Named Above: IN �— Capacity(ies) Claimed by Signer(s) `S' ner's Name: Tnmm I Ff G i-SOn �1' Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • El Trustee Top of thumb here - ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 2 Signer's Name: -+ a ma r rt ars D n Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 -Chatsworth. CA 91313 -2402 • www.NationalNotaryorg Item #5907 Reorder Call Toll -Free 1- 800-876 -6827 • • . sa1VLuis Ob1is� Own�ly— L7R?1= RECORDING REQUESTED BY: Clerk/Reemder Cuesta Title Company Eeaew No. neemlea ai ne mpm et Cue& Title Company 8:09 AM 1039094R Title Order No. 00103909 D O C 1/ : 2003080312 TNW 1 Pqac 2 When Recorded Mall Docu neat and Tax Statement To: Fan 10A0 Mr. and Mrs. James Frearson Taos 0.00 133 Chorro Street Others 0.00 San Luis Obispo, CA 93401 PAID =10,00 • GRANT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Wantw(s) declares) F'EE>� EXEMPT o Documentary transfer tax is $ — O - City Transfer Tax is a s I X ] computed on full value of property conveyed, or [ I computed on full value less value of liens or encumbrances remaining at time of sale, [ X ] Unincorporated Area City of FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acinrowkdged, James D. Frearson who acquired title as a single man hereby GRANTIS) to James D. Frearson and Tommf G. Frearson, husband and wife as joint tentants ire following described real property in the City of , County of San Luis Obispo, State of California: SEE EXHIBIT ONE ATTACHED HERETO AND MADE A PART HEREOF DATED: June 20, 2003 STATE OF CA FORNIA COU14TY OF fore me, personally appeared Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his/her/their authorized capacity(ies), and that by his /herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AV J es D. earson rT`EmmSA iWl # 278 2S7 a _ fdocarrtorn arc �WW Witness m han and official seal. SAN� Signature MAIL TAX STATEMENTS AS DWECTED ABOVE FO -213 (Rev 7196) GRANT DEED Emew No. 109809 -TR Thb order No. 00109909 EXHIBIT ONE Lot 18 in Block 17 of Anholm Addition to the City of San Luis Obispo, WOW City of San Luis Obispo, County of San Luis Obispo, State of Cafifomia, according to map recorded May 13, 1927 in Book 3, Page 91 of Maps. EXCEPTING THEREFROM the North 3 feet of said Lot 18 as conveyed to John G. Meyer, at ux., by deed dated July 20, 1949 in Book 529, Page 572 of Officlal Records. - a 4 1 1 i. t 3 . END OF DOCUM 0 • Exhibit "B" LEGAL DESCRIPTION PERMANENT EASEMENT File no: 061.0021 (0299) September 18, 2008 A portion of Lot 18 of the Anholm Addition in the City of San Obispo, State of California according to the map filed in Book 3 of Maps at Page 91 in the Office of the County Recorder of San Luis Obispo County, also described in that Grant Deed dated June 20, 2003 to James D. Frearson and Tommi G. Frearson, recorded in Document #: 2003080312 of Official Records in said County Recorder's Office, said portion described as follows: Commencing at the northwesterly corner of the parcel of land described in said Grant Deed, said comer being marked by a #5 rebar with a plastic cap stamped "LS 7618" as shown on the Record of Survey map filed in Book 92 of Licensed Surveys at Page 06 in said County Recorder's Office; Thence along the northerly line of said parcel of land south 89 040'00" east 40.63 feet, (1-2), to the True Point of Beginning; Thence continuing along said northerly line south 89 040'00" east 9.25 feet, (1-4), to the northwesterly corner of the land described as Parcel No. 19 in the Easement Deed recorded in Volume 627 of Official Records at Page 206 in said County Recorder's Office; Thence along the westerly line of said Parcel No. 19 south 00 °20'00" west 10.00 feet, (1-7), to the southwesterly corner of said Parcel No. 19; Thence north 89 040'00" west 9.25 feet, (1-6); Thence north 00 020'00" east, 10.00 feet (1-5), to the True Point of Beginning. Containing 92.50 square feet more or less. The above - described parcel of land is graphically shown on Exhibit "C" attached hereto and made a part hereof. End Description W V • � * N0.6192 Jose T. Morris P.L.S. 6192 pF�A��'��° f License expires 3/31/10 �' C� 20 • ��— FD. #5 REBAR 19 dc PTN' ) 8 "LS 6192" R1 FD. NAIL & TAG "LS 7618" R T.P.O.B. FD. COTTON SPINDLE OLD LOT AND SUPERTAG LINE "LS 6192" R1 -- — -- — L4 — - -- - - - -- — L 1 - - - -..- — — -- _— L2 7 PARCEL 19. L3 P.O.C. 76 PTN 18 -- - - FD. #5 REBAR DOC. #2003080312 "LS 7618 "R1 (92 /LS /06) IO.00'SEWER EASEMENT 6271OR1206 aa, 0.0 _ 17 LEGEND LINE # R 92ILS106 RI 241CRI76 CF CALCULATED FROM T.P.OB. TRUE POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT O FOUND MONUMENT AS NOTED O 60' rr CD CDC � SCALE 0 15 30 60 1 INCH = 30 FEET LINE TABLE LINE # LENGTH BEARING RECORD LENGTH BEARING L 1 154.82' N89° 40' 00 "W CF R 154.73' N89 °40'00 "W L2 40.63' S890 40'00"E --- --- -- L3 97.77' N89° 40'00"W CF R1 97.77' N87 037'28 "W L4 9.25' S890 40'00"E --- --- -- L5 10.00' NO* 20'00"E --- -- - -- L6 9.25' N890 40' 00"W — --- --- L7 10.00' SO° 20'00"W --- --- -- L8 41.41' NO' 24'28 "W CF R1 41.40' N01 °38'04 "W i PERMANENT JOB No.: 0061 -0021 -0299 012 CLARION COURT DRAWING: EASE DRAWING SAN LUIS OBISPO, CA 93401 EASEMENT EXHIBIT DRAWN BY: CLB T 805 544.4011 EXHIBIT "C" F 905 544 -4204 DATE: 0910412008 www.wellacegroup us WALLACE GROUP0 SCALE: 1 " =30' END OF DOCUMENT