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HomeMy WebLinkAboutD-207 Swazey & Rachel Sts Recorded 04/05/1943a '026.7 THIS INDMURE, made this day of March, 1943, be- tween CHESTER r. BRUCE and ARABELLA BRUCE, his wife, the parties of the first part, andkCITY OF SAN LUIS OBISPO, a muni- cipalfcorporaticn of the State of California, party of the second part, W I T N E S S E T H: That the said parties of the first part in consideration of the sum of One Dollar ($1.00), lawful money of the United States of America, to them in hand paid by party.of the second part, the receipt whereof being hereby acknowledged, do by these presents grant, bargain, sell, and convey unto the said party of the second part, and to its successors and assigns for- ever, a right -of -way to lay, construct, operate, maintain, repair and reconstruct a pipe line for the transportation of drainage water, with the right of ingress and egress to and from the same, across, under, over and through that certain real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California; and described as follows: All that part of Lot 8, in Block 12, of the Buena Vista Addition to the City of San Luis Obispo, according to the official map thereof on file in the Office of the County Recorder of the County of San Luis Obispo, State of California described as follows: Beginning at a point on the easterly line of said Lot 8 and the westerly line of Rachel Street, said point being 7 feet northerly from the southeast corner or said Lot 8; thence 4aesterly -parallel with the line between said Lot 8 and Lot 9 in said Block 12, to the westerly line of said Lot 8 and easterly line of Swazey Street; thence northerly, along the easterly line of Swazey Street 5 feet; thence easterly parallel with the lire between said Lots 8 and 9, to the easterly line of said Lot 8 and westerly line of Rachel Street; thence southerly, along the westerly line of Rachel Street, 5 feet to the point of beginning. - 1 - t�. � a 7 State of California, County of San Luis Obispo. I SS. On t his.......... 25tyh- ------------ ... day of .......... R1a. �. C. h. ........................................... ............. in the year one thousand nine hundred and .. erty.-._ li !hree ....................before me, M. A. F[T7.GER.11.D, a Notary Public In and for the said County and State, ......................ft....- .r....... residing therein, duly commissioned and sworn, personally appeared ..................................... _ ........ __._.__ ............ ............................. _.. -._.. _Ch.e s..er .... E.....Lruc.e .... and .... Arab ella.._Bruc e.. known to me to be the personS ... described in, and whose name$ ........... a.LX...e ...... ...subscribed to the within instrument and acknowledgkpd to me that___t}1P3% ....:........ ..executed the same. In Witnemn Whereof. I have hereunto set my hand and affixed my official seal the day and year In this certificate Yirat abov a•rltter Pu Said party of the second part agrees to bury said sewer line, so far as possible, in a trench four (4) feet deep, and in such manner as not,to interfere with the use of said property by parties of the first part, their successors and assigns, for the construction of buildings and for any and all other purposes not inconsistent with the rights hereby granted. Said patty of the second part agrees to pay all damages which may arise or result from the laying, constructing, operating, maintaining, repairing or reconstructing said pipe line; provided however, that any such damages shall be limited to actual injury or actual damage to the property itself, and party of the second part shall not be liable for any damages by reason of the mere existence of any pipe line constructed by it nor for any damages to the market value of said property caused by the existence of any pipe line. IN WITNESS IA.rHEREOF the parties of the first part have heretnto set their hands the day and year first above written. WAYMMUMM"J"M RESOLUTION NO.�(New Series) A RESOLUTION ACCEPTING A RIGHT OF PAI' DEED FROM CHESTER E. BRUCE AND AR-ABEL-LA BRUCE. BE IT RESOLVED by the Council of the CJ-cy of San Luis Obispo as follows: That that certain deed dated the 25th day of March, 1943 made and exscuted by Chester E. Bruce and Arabella Bruce, his v.ife and conveyi nr to the City of ::an Luis Obispo a right of :'. =ay over and across that certain reel property situated in the City of San Luis Obispo, and described as folyo:vs: P11 that part of Lot S, in .Block 12 of tine Buena Vista Addition to the City of San.Luis "bispo, accordi_n g to t.e offi ci -al ma.o th :reof on file in the Office of the County corder of the County oil San Luis Obispo, St,te of Cali.forn l - esc-ibed as follows: Beginning at a point on the easterly line of said Lot 8 and the westerly line of Rachel Street, said point being, 7 feet northerly from the southeast corn::_' of Said Lot 8; thence i"Test,'r'_y parallel with the lire bet4%een said Lot 5 and Lot 9 in said Block 12, to the %,2sterly line of said Lot 8 and easterly line of 'waze;r Street; thence northerly, along the easterly line of Swaze�r street 5 feet;- tL_nce ees , - -i-ly oalallel with the lire between said Dots 3 and 0, to the easterly line of sr:id Lot 8 and. viesterly .Line of Rachel St .-et- thence so:ztherly, along the westerly line of Rachel Street, 5 feet to the point of beginning, be, and the some is hereby accepted.by the City; of San Luis Obispo; and the City Clerk is hereby directed to cause' said deed to be recorded in the Office of the County Recorder of the County of San Luis Obispo. PASSED AND ADOPTED this _day of April, 1943, by the following vote: AYZS: ':`T.H.Brazil,R.P.Hovje11, Ralph C. Kennedy, F.C. Kimball, Joseph Leary NOES: None P-BS NT: None bl.iJ�r ATTEST: City Cleric I, J. E. Brown, the duly appointed, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of Pesolution No.41o(New Series), passed and adopted by the Council of the City of San Luis ubispo on the .Sf day of April, 1943.. WITNESS my �Pnd and the seal of the City of San Luis Obispo this day of April, 1943• / / City Clerk