HomeMy WebLinkAboutD-55 Cuesta GradeTHIS INDENTURE, i.iade this day of Decer•ber, in the
year 1910, between FRAFK. TATE, of the County of San Luis Obispo,
State of California, the malty of the first part, and CITY OF SAN
LUIS OBISPO, a municipal corporation, in the County of Sail Luis
Obispo, State of California, the party of the second part, WITITESSETH: -•
That said party of the first part, in consideration of the
soar. of Ten Q10.00) Dollars, lawful money of the United States,
to lain in hand paid by said party of the second part, the receipt
whereof is hereby acknowledged, has granted, bargained, sold and
conveyed, and by these presents does grant, bargain, sell and
convey unto said party of the second part, and to its successors
and assigns forever, the following property and rights situated in
the County of San Luis Obispo, State of California, to writ: --
I.
All that certain lot, piece or parcel of land bounded and
particularly described as follov;s, to wit:-
Coyir.,encing at a stake narked T 1, said stale being distant
N. 83 deg. N. 201.4 feet from the 1 4 section corner between
Sections 7 and 18, Township 30 Sout , Range 13 East, Mount Diablo
Meridian, said stake being on the line betvreen sections 7 and 13
above mentioned. Thence along the westerly line of the present
County Road from the City of San Luis Obispo, California, to the
Town of Santa Margarita, Cal., over the Cuesta Grade, on the
following courses and distances, to Unit:- S. 15 1/2 deg. E. 261.3
feet to stake marked T. 2; thence S. 9 1/4 deg. E., 84.8 feet
to stake marked T. .3; thence S. 12 3/4 deg. E. 176.9 feet to
stare marked T. 4; thence S. 2 1/2 deg. 17.9 162.2 feet to stake
marked T. 5; thence S. 11 1/2 deb. E. 213.E feet to stake ;narked
T. 6; thence S. 7 1/2 deg. ., 326.2 feet to stake marked T. 7;
thence S. 2 1/2 deg. 17., 382.2 feet to stake marked T. 8; thence
leaving the line of County Road X. 71 deg. l'1.9 17.2 feet to stake
marked T. 9; thence N. 56 1/2 de;. W. 99.00 feet to stake marked
T. 10; thence N. 3 deg. E.,'223.0 feet to stake marked T. 11;
thence N. 10 1/2 deg. W., 148.2 feet to stale e marked T. 1:3; thence
N. 4 3/4 deg. W. 206.9 feet to sta.Ke marked T. 13; thence N. 11 3!!g
deg. 1.7., 215.1 feet to stake marked T. 14; thence N. 8 deg. W.9 216.4
.eet to stake marked T. 15; thence N. 34 1/2 deg. 1'!.4 135.,E feet
to stare marked T. 16; thence N. 8 de;. W., 72 feet to stahe
marked T. 17; thence N. 26 3/4 deb;. E., 153.9 feet to stake marY.ed
T. 18; thence N. 13 deg. :9.9 223.5 feet to stake marked T. 19 on
the line between Sections 7 and 18 above mentioned; thence S.
83 deg. E., 87.6 feet along the last mentioned line to stare T. 19
the point of beginning, containin-; 4.39 acres, more or less, and
being part of the North West quarter of Section 13, Township 30
South, Range 13 East, Hount Diablo Meridian.
0
Reserving however unto said party of the first part, his
heirs, successors and assigns, a right of way for a road across
said parcel of land from the Westerly boundary thereof to the
County Road on the East by a feasible route, said road to be
located by the said party of the second part so as not to interfere
with any improvements which said party of the second part may
place on said parcel of land; and said party of the second part
shall have the right to change the location of said road across
said parcel of land from time to time as it may desire.
This conveyance is made upon the condition that said party
of the second part shall construct and shall at all times maintain
along the County Road on the Easterly side of said parcel of land
a substantial fence suf_icient to turn stock, and shall place
therein and keep properly closed and locked gates so as to prevent
stock from entering upon or passing from the adjacent lands of the
party of the first part.
II.
All the right, title and interest of the party of the first
part in and to the raters of San Luis Obispo Creek flowing on
to, over and across that certain lot, piece or parcel of land
bounded and particularly described as follows, to Tit: -
The East half of the North West quarter of Section Eighteen
(18), Township Thirty (30) South, Ranoe Thirteen (13) East,
M. D. M.
Together with the right to tape and divert all the waters
of said creek either upon the parcel of land first hereinbefore
conveyed or at a point on said creek above said parcel of land.
Reserving however unto said party of the first part, his
heirs, successors and assigns, sufficient of said water for stock
upon the said East half of the North West quarter of said
Section 13; provided that said water be diverted from the pipe
or reservoir of said party of the second part upon the parcel of
2.
land first hereinbefore conveyed through a 3/4" pipe to one
trough, said pipe to be fitted with a float valve so as to prevent
waste, said trough and float valve to be supplied and maintained
by the party of the first part; said party of the second part
shall supply all pipe necessary to convey said water to said
trough, provided that no more than 300 feet of pipe shall be
required to be supplied by said party of the second part for such
purpose.
III.
All that certain lot, piece or parcel of land bounded and
particularly described as follows, to wit:- -
Commencing at a stake marked R. 1 on the Northerly line of
the County road from the City of San Luis Obispo, California, to
the Torn of Santa Margarita, over the Cuesta Grade, from which
said stare the corner to Sections 19 -24 -25 and 30, Township 30
South, Ranges 12 and 13 East, mount Diablo Meridian, bears S. 73
deg. E. 1139.7 feet distant. Thence running along the Northerly
line of said road on the following courses and distances, to viit:-
N. 74 deg. 34' C1. 215.7 feet to stake R. 7; thence S. 63 deg.
117. 137.8 feet to stake R. 6; thence S. 39 degrees 371 W., 58.5
feet to stake R. 5; thence leaving the Northerly line of above
mentioned road N. 69 deg. 451 W.,-196.6 feet to stake R. 14;
thence N. 24 deg. 45' 1`1. 199.8 feet to stake R. 13; thence N.
20 deg. 15' E. 417.2 feet to stake R. 12; thence N. 65 deg. 15'
E. 199.8 feet to stake R. 11; thence S. 69 deg. 45' E. 558.9
feet to stake R. 2; thence S. 20 deg. 30' E. 483.4 feet to fence
post marked R. 9. on the Northerly line of said County Road;
thence along the Northerly line of said County Road on the
following courses and distances to wit: S. 66 1/2 deg. W. 151.1
feet to fence post marked R. 8; thence N. 74 3/4 deg. Fl. 207.1 feet
to stake R. 1, the point of beginning and containing 11.42 acres
more or less, and being part of the South East quarter of
Section 24, Tor;nship 30 South, Range 12 East, Mount Diablo Meridian.
This conveyance of said parcel of land is made upon the
condition that the said party of the second part shall either
construct and �l:aintain a good and substantial fence between said
parcel of land and the adjoining lands of the party of the
first part, or shall construct and maintain along the County Road
upon the South Easterly boundary of said parcel of land a
substantial fence sufficient to turn stock, and shall place
therein and keep closed and locked gates so as to prevent stocX
from entering upon or passing frorz the adjoining lands of said
S.
party of the first part.
IV.
The rights of way for pipe lines, conduits and flumes for
conducting !rater to supply to the City of San Luis Obispo and
the inhabitants thereof, said rights of way being described
as follows, to ,:rit:-
(a) A strip of land twenty (20) feet wide, lying 10 feet
on each side of a center line described as follows, to ;:it:-
Commencing at a stake marked "A" from which the corner to Sections
19,249 25 and 30, Township 30 South, Ranges 12 and 13 East,
Mount Diablo Meridian, bears N. 30 deg. E. 994 feet distant, and
running thence N. 25 deg. W. 1164.4 feet to a starie marked "B"
on the Northerly line of the County Road from the City of San
Luis Obispo, California, to the Town of Santa Margarita, and being
a part of the 1 ?orth East quarter of Section 25, and the South. East
quarter of Section 249 Township 30 South, Range 12 East, M. D. M.
(b) A strip of land 40 feet wide lying 20 feet on each side
of a center line described as follows, to wit:- Commencing at a
stake marked "J" on the Northerly line of the County Road from
the City of San Luis Obispo, California, to the Town of Santa
Margarita, from which said stake the corner to Sections 19, 249
25 and 309 Township 30 South, Ranges 12 and 13 East, Mount Diablo
Meridian, bears S. 79 1/2 deg. E., 1451.8 feet, and running thence
S. 25 deg. E. 319.5 feet to stake marked "P "; thence S. 17 deg. W.
177.5 feet to stake marked "E"; thence S. 26 deg. W. 127.4 feet
to stake marked "D"; thence S. 33 deg. W. 77.7 feet to stake
marked "H "9 and 30 feet in width, lying 15 feet on each side of
the center line- commencing at said stake marked "H", and running
thence S. 66 deg. 17. 623.9 feet to stake marked "I "; thence S. 1
deg. E. 17.5 feet to stake marked "R", the width of said strip
being 40 feet from stake marked "J" to stake marked "H", and 30
feet from stake marked "H" to stake marked "R", and said strip of
land being a part of the South East quarter of Section 24 and the
North East quarter of Section 25, Township 30 South, Range 12 East,
Y. D. M.
(e) A stop of land 10 feet in width on each side of the
following center line: Commencing at a stake marked 11111' on the
Northerly line of the County Road from the City of San Luis
Obispo to the Town of Santa margarita, said stake being distant
N. 50 3/4 deg. 71. 649 feet from the corner to sections 19, 249
25 and 30, Township 30 South, Ranges 12-and 13 East, Mount
Diablo Meridian. Thence S. 67 deg. 18' W. 195 feet to a sta�ie
marked "N", thence on a 15 degree curve to the right (383.07
feet radius) 167 feet to a stake marked "0" (at the intersection
with the Easterly line of the parcel of land described in Paragraph
numbered III of this conveyance, distant N. 20 1/2 deg. W. 53.7 feet
from post R. 9 of said parcel of land.
(d) Along, over and across the County Road leading from
the City of San Luis Obispo to Santa Margarita where the same
crosses the lands of said party of the first part in Sections 24
and 25, Township 30 South, Range 12 East, 11. D. Y!., in said County
of Saar Luis Obispo.
4.
J
Said rights of Fay are conveyed upon the condition that
said City shall bury and maintain all pipe at least 12 inches
belo;,r the surface of the ground so as not to interfere with
the farming operations of the party of the first part upon said
premises.
V.
The right to discharge crater from tike reservoir to be
constructed by said party of the second part upon the parcel of
land described in paragraph numbered III of this conveyance in-
to the gulch or ravine which leads Southerly from said parcel of
land across part of the South East quarter of the South East
quarter of Section 24 and the North East auarter of the North
East quarter of Section 259 Township 30 South, Range 12 East,
M. D. M. to San Luis Obispo Creeh.
This conveyance is raade upon the condition that if water is
discharged into said gulley or ravine in such quantity as to
Wash or damage the lands of the party of the first part along
said gulley, then said party of the second part shall conduct
said water through pipes or conduits so as to prevent crash or
damage to the lands along said gulley.
VI.
The right to take out, divert and use a quantity of grater not
exceeding five (5) cubic inches under a flooring head of four (4)
inches pressure, as reserved in that certain convey ante executed
by Nathan Goldtree and Isaac Goldtree to San Luis Water Cnmpany,
dated June 229 1876, and recorded July 139 1876, in Liber "Hu of
Deeds, page 522 et seq., San Luis Obispo County Redords.
This conveyance is made upon the condition that said party
of the second part shall upon demand furnish water,free of charge,
to said party of the first part, or to Jennie Tate, the wife of
said party of the first part, during their life time, or the
5.
life time of either of them, at one residence in the City of
San Luis Obispo, provided however that said water shall not exceed
the quantity furnished by said party of the second part to its
consumers in said City at its regulaLf, meter rates for Three
(x'3.00) Dollars per month, and provided further that said right
to said crater shall be only personal to said party of the first
part and to said Jennie Tate, his wife, and can not be granted
or conveyed to others; and provided further that the residence
at which said water is to be supplied shall front upon a street
along which a City Yrater main is located.
This conveyance is made upon the further condition that
said party of the second part shall upon demand furnish to said
party of the first part, his heirs and successors in ownership,
stater from its reservoir or main for household, domestic and
stock purposes upon the North half of the North East quarter of
Section Twenty -five (25), Township Thirty (30) South,Range Twelve
(12 ) East, M. D. M.; provided 'however that said water shall not
exceed the quantity furnished by said City to its consumers in
the City of San Luis Obispo at its regular rates for Pour (44.00)
Dollars per month; and also provided that all pipes, and fittings
required to deliver said :'rater from the reservoir or main of the
party of the second part shall be supplied by said party of the
first part, his heirs and successors in otFmership.
VII.
All that certain lot, piece or parcel of land bounded and
particularly described as follows, to wit:-
Beginning at post marked T. C. 1, from which the corner to
sections 19, 24, 25 and 30, Township Thirty (30) South, Ranges 12
and 13 East, Mount Diablo Meridian, bears N. 79 deg. E. 1359.6
feet distant; thence N. 58 3/4 deg. PI. 99 feet to post marked t
1:'. C. 2; thence S. 31 1/4 deg. W. 330 feet to post marked W. C.
3; thence S. 82 1/4 deg. W, 363 feet to post marked W. C. 4; thence S.
67 deg. W. 198 feet to post ;narked Fl. C. 5; thence S. 32 1�2
deg. W. 99 feet to post W. C. 6; thence S. 50 1/2 deg. E. 32
M
feet to a point in the bed of the San Luis Obispo Creek; thence
No 62 3/4 deg. Eo 132 feet to a point in the bed of said creek.
.,hence S. 75 deg. E. 231 feet to a point in the bed of said creek;
thence leaving the bed of said creek No 49 deg. E. 99 feet to a
post marked W. C. 10; thence No 1/2 deg. E. 66 feet to a post marked
WG, C. 11; thence N. 56 3/4 deg. Ea 194.7 feet to a post marked
W. C. 12; thence N. 32 deg. Bo 33O feet to a post marked V790.1, the
point of beginning and containing 3.31 acres, more or less, and
being part of the North half of the North East quarter of section
25, township 30 South, rWnge 12 East, Mount Diablo Meridian.
Said parcel of land to be u @ed by said party of the second
part for a site for a reservoir and necessary buildings and works,
and also to be used for a well site for the purpose of obtaining
and diverting the underground floe, of San Luis Obispo Creek.
Also the right to divert and use all of the underground flow
of San Luis Obispo Creek by means of a well or wells located upon
said parcel of land for the purpose of supplying water to the City
of San Luis Obispo and tbp its inhabitants, in so far as said party of
the first part has the right to grant the sameo
TO HAVE AND TO HOLD unto said party of the second part, its
successors and assigns, all of said property and rights, subject
to the reservations, conditions and restrictions in this conveyance
Particularly set forth and describedo
IN 1'IIaNESS V1HEREOF, the said party of the first part has
hereunto set his hand and seal the day and year herein first above
written.
S.�j ,�,,, C� I L1C( ����%%�'
�°' L ��i�' (SEAL)
STATE OF CALIFORNIA )
)ss.
County of San Luis Obispo) -n
On this '�/ day of a r, the year
onethou sand nine hundred and ten, efore me
a Notar!T Public in and for said County, residing ere n, du
oonmi.ssioned and sworn, personally appeared FRWK TATE, known to me
to be the person described in, and whose name is subscribed to the
within instrument, and he acknowledged that he executed the same.
IN FATNESS WHEREOF, I have hereunto set nor hand and affixed
n7 Official Seal the day and year ikL this certificate first above
written. LL'�
P3otary Publ c in and for said County
of San Luis Obispo, state of
California*
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btate of California. (on this .......... / _1
day of ... &a.#. ..... .................... I in the year of our Lord
)SS ..........
One Thousand Nine Hundred and Aa..0eto. before me- .......
a Notary Public in and for the ............ ... ....... ..................... ._.- County of ... .... ..... ......
7 State of California, residing therein, duly commissioned and sworn, personally appeared
7 .2�................ .................. . .... ................. ........
1 /44,
........................................................... ................... ...... . . .......... .. ... . .. .. ............................ .......... . .............................
known to me to be the person described in and whose name ...... 414 ...............................................
subscribed to the within instrument, and ............. A j.k .......... ........ -.acknowledged to me
....................
. .
thatebe executed the same.
_T3 Ju Ottntan 94treaf, I have bereuntu set my hand and affixed my Official Seal, the day
and year in this certificate first above written.
GENERAL ACKNOWLEDGMENT .......................................... ;2;. ..... ............ Notaril Ilublir
tardy's Blank No- 411
tardy's Vookstore Oakland California 5090 In and for the ................... ._- .......County of ..... ........... State of California.