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HomeMy WebLinkAboutD-227 Deleissiguez Tract Recorded 07/02/1956VOL 052 P4OE273 _Z_7 RIGHT -OF -WAY DEED THIS INDENTURE, made this day of , 19560 by and between the County of San Luis Obispo, a political corporation and one of the counties of the State of California, the Party of the First Part, and the City of San Luis Obispo, a municipal corporation, and a charter city in the County of San Luis Obispo, State of Calif- ornia, the Party of the Second Part; WITNESSETH: That the Party of the First Part under authority of Section 25365 of the Government Code of the State of California allowing counties to grant interest in real property to any city within the county, and in consideration of Second Party granting to First Party a strip of land 20 feet in width along Sewer Farm Road for use as a public road, does by these presents grant unto the Party of the Second Part easements and incidents thereto for a public purpose, to -wit: the location of a water storage tank on that certain real property situate in the County of San Luis Obispo, State of California, described as follows: The portion of Lot 13 of the Deleissiguez Tract in the County of San Luis Obispo, State of Calif ornia, accord- ing to the map thereof recorded'in Book A of Maps at page 95, records of said county, described as follows: Beginning at a 3" x 4" post on the southeasterly line of the above mentioned Lot 13, said post being also on the westerly line of Bishop Street and designated "S2" as said post and street are shown on the Map of Gold - tree Vineyard Tract, recorded in Book l; Record of sur- veys at page 14, records of said county; thence, along said common boundary line, N. 360 301 E., 125.42 feet to an iron pipe, the True Point of Beginning of the par- r eel of land herein described; thence, continuing along said common boundary line, N. 360 301 E., 40.00 feet to an iron pipe; thence, N. 530 301 W -, 40.00 feet to an m iron pipe; thence, S. 360 301 W., 40.00 feet to an iron pipe; thence, S. 530 301 E., 40.00 feet to the True Point of Beginning. IN WITNESS WHEREOF, the County of San Luis Obispo has caused its corporate name to be hereunder subscribed by its officers, thereunto 2a VOL 852 PAGE 2 14 G duly authorized by Resolution of the Board of Supervisors of the County of San Luis Obispo, State of California, and the seal of said Board of Supervisors to be hereunder affixed this _2 a_1 of -� 1956. ATTEST: o u J'I t unty- er and a officio c .clerk of hetiBosr of Super- , visors of tip County of San a Z.aiis Obispo,, State of California c STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO, ti By: j IA 14 �� ti L c Chairman of the Board of Super- visors of the County of San Luis Obispo, State of California :ss. COUNTY OF SAN LUIS OBISPO ) On this day of 1956, before me, Herbert C. Grundell, a Notary Public in and for said county and state, personally appeared John Ruskovich, known to me to be the Chairman of the Board of Supervisors of San Luis Obispo County, and A. E. Mallagh, known to me to be the County Clerk for the County of San Luis Obispo, and ex- officio clerk of the Board of Supervisors of said County of San Luis Obispo, the corporation that executed the within instrument and known to me to be the persons that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that this corporation executed the some. WITNESS my hand and seal the day sad year in this certificate firs.t,.,above written. c - Notary Public in and for said "`� Count Document No. ._______________� y and State R •P9RDED AT REQUEST OF �A Commission Expires Oct 30,1957 AT- SAN LUIS OBISPO coUNTY, CAL. JUL 10 056 order By- - - "- i e S -- Indexed C,QMF^K90 VoL 852 %rL271 I 81253 I, J. H. Fitzpatrick, the duly elected, 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 Resolution No. 104 (1956 Series), passed and adopted by the Council of the City of San Luis Obispo on the 2d day of July, 1956• WITNESS my hand and the seal of the City of San Luis Obispo this 2d day of July, 1956• f 4 Clerk • }r I � c r 0 N Con VOL 052.. PAGE 272 RESOLUTION 1,10. A- Se: ies ) i n LS�L:J s'ION AUTHOR12ING fii E CITY 0LERK �`0 At' CDHT AND RECORD RICZHT-OF-WZY. DEED HROV! THE COUNTY OF . SAN LUIS 033SPO Tai IT REHOLTI,D by the Council of the City of Sam Luis Obis -po as follows: a:-tai the City Clerk be and he is hereby instructed to receive and racord right -or- ay deed, on behalf of said city, from tare County of San Luis Obispo, granting to the City of San Luis Obispo as described in right-of-way deed. PASSED AND ADOPTED this 2d day of Julys, 39569 by t3-Ae following roll cal? vote: AYES: Nels Heck2 Lome'!1 E. Christie, 1,,arren G. Edwards, Kenneth W. Jones, Fred H. Lucksinger NOES: None ASSENT: None /s/ Fred H. Lucksinp-er mayor ATTEST: /s/ J. H. Fitzpatrick icy erk C- c µ O co C.n am i U1 GPIC7T of 1S MErT THIS INDENTURE, made this 21 day of May , 19560 by and between the City of San Luis Obispo, a municipal corporation, and a charter city in the County of San Luis Obispo, State of California, the Party of the First Part, and the County of San Luis Obispo, a political corporation and one of the counties of the State of Calif- ornia, the Party of the Second Part; WITNESSETH: That the Party of the First Part for and in consideration of the conveyance by the Party of the Second Part of an easement and incid- ents thereto for the location of a water storage tank upon certain real property situate near the county hospital in the city of San Luis Obispo, executed contemporaneously herewith and the additional consideration of the performance of those conditions hereinafter set forth to be performed by the Party of the Second Part, does hereby grant to the Party of the Second Part the right -of -way and incidents thereto for a public highway over that certain real property situate in the County of San Luis Obispo, State of California, and more partic- ularly described as follows: The part of Lots 6, 18 and 19 of the San Luis Obispo Suburban Tract in the County of San Luis Obispo, State of California, according to the map thereof filed for record February 7, 1906 in the Office of the County Recorder of said county, lying within the following described strip of land: Beginning at a point on the centerline of the road 40 feet in width which bound@ the northeasterly side of the above mentioned Lots 6, 18 and 19, distant N. 640 051 W., 161.57 feet and S. 250 55f W., 20.00 feet from a 2" x 2" stake tagged "R.E.No 6923" set at the most southerly corner of the 1.304 &ore piece of land delineated upon the map of survey filed in Book 79 Record of Surveys at page 72, records of said county: thence, along the centerline of said 40 foot road N. 64° 059 W., 1230.24 feet to a point distant S. 250 55+ W., 20.00 feet from a 2" x 2" stake set on the north- easterly line of said 40 foot road at its intersection Ki ro with the northwesterly line of Lot 5 of said Sur - burban Tract; thence, continuing N. 640 051 W., 19.76 feet; thence, S. 250 551 W.,. 40.00 feet; thence, S. 640 051 E., 1250.00 feet; thence, N. 250 551 E., 40.00 feet to the point of beginning. As additional consideration, the Party of the Second Part promises and agrees that it will at its own cost and expense: a. Remove the existing concrete pipeline now located within the subject right -of -way, and re -lay same on to adjacent city property, or b. If impossible to remove and re -lay said line, to construct a new line on city property of equal quality together with all the nec- essary valves and fittings. c. Remove the existing property fence and reconstruct the same on the new southwesterly right -of -way line. d. Remove two small buildings now located within the subject right -of -way, and replace the same on new foundations on city property opposite and adjacent to the new right -of -way line, II1 WITNESS WHEREOF, the parties hereto have caused their corporate names to be hereunder subscribed by their officers, thereunto duly authorized by Resolution of their executive board of council and the seal of said board or council to be hereunto affixed on this 21 day of May . 1956. CITY OF SAN LUIS OBISPO ATTEST: Mayor of the City Council of the City of San Luis Obispo, County of San Luis Obispo, State of California C y er o e city o San Luis Obispo, County of San Luia Obispo, State of California (SEAL) Party of the First Part COUNTY OF SAYS LUIS OBISPO ATTEST: By: C airman of t board of Supervisors a, of the County of San Luis Obispo,, State of -California County Clerk and- ex -0 f ic _o clerk of the BoardSuper- visors of the County of San Luis Obispo, State of California Party of the Second Part (SEAL) -2- STATE, OF CALIFORNIA ) : as* COUNTY OF SAN LUIS OBISPO ) On this 7 day of May 0 1956, before me, Herbert C. Grundell, a Notary Public in and for said county and state, personally appeared John Ruskovich, known tome to be the Chairman of the Board of Supervisors of San Luis Obispo County, and A, E. Mallagh, known to me to be the County Clerk for the County of San Luis Obispo, and ex- officio clerk of the Board of Supervisors of said County of San Luis Obispo, the corporation that executed the within instrument and known to me to be the persons that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that this corporation executed the same. WITNESS my hand and seal the day and year in this certificate first above written. 9 Notary Public In and for s County and State (SEAL) goy Commission Expires Oct 30, 1957 STATE OF CALIFORNIA ) : 88. COUNTY OF SAN LUIS OBISPO ) On this 21 day of May , 1956, before me, William M. Houser, Jr., a Notary Public in and for said county and state, personally appeared Fred H. Lucksinger, known to me to be the Mayor of the City of San Luis Obispo, and J. H. Fitzpatrick, known to me to be the City Clerk of the City of San Luis Obispo, zhe corporation that executed the within instrument and known to me to be the persons that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that this corporation executed the same. WITNESS my hand and seal the day and year in this certificate first above written. Notary Public in and for said County and State My Commission Expires May 16, 1960 (Seal)