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Home My WebLink AboutD-904 Recorded 07/25/1973For valuable consideration as' set out herein, Martin, �Polin' and Susan Polin, husband and wife, hereby grant further ea`sementsto the. City of San Luis Obispo, California,.. in _t.ha.t--- certaib - parcel of,�land' in which the said city already owns an easement, described , in -Instrument' No. 3332 on Page 119, in Volume 1109 of the Official Records of the County of San Luis Obispo, State of California, as follows: 1. All portions of any encroachment upon the City's easement, which encroachment has been allowed or accepted by the City, shall be at least ten feet, measured vertically, above the final ground surface. The final ground surface shall be at least two feet above the top of the existing water main as shown in the records of the City Water Department, or as determined by exploration, if exploration has been done at such time. 2. All future improvements within the easement except asphalt paving, landscaping that ordinarily matures to a height of less than four feet and fencing immediately within abd along the northwesterly property line, shall be subject to the approval of the Director of the Water Department. 3. No physical obstruction which would prohibit free access to any portion of the easement except asphalt pay.ing,, landscaping that ordinarily matures to a height of less than four feet and fencing immediately within and along the northwesterly property line, shall be constructed within the easement except as approved by the Director of the Water Department. 4. The owners of the servient tenement, including the grantors herein, their heirs or assigns, shall waive any rights to compensation for damages to any improvements on the easement resulting from the opera- tion, maintenance, restoration or future construction of City facili- ties within the easement. 5. The use of the easement shall at all times by subject to the paramount rights of the City to use such easement for the purposes for which it was originally reserved and if in the course of operation, maintenance or restoration of existing facilities or construction of future City facilities it becomes necessary for the City to remove any improvements within the easement, such removal shall be accomp- lished by the City without responsibility for restoration or replace- ment of the improvements. 6. Provided, however, it is agreed that nothing herein shall modify or contradict the building plans designated as Office Building for Martin Polin, Architect Andrew G. Merriam, A.I.A., dated December 22, 1972, as finally revised to meet City approval and filed with the p, City Department of Planning and Buildings, parts of which are the consideration for the granting of the above easements. F.as Dated: January Z" 1973- . RTIN PO IN STATE OF CALIFORNIA ) S AN POLIN : ss COUNTY OF SAN LUIS OBISPO ) DIXIE F. DAEr On January 25, 1973 before me, the NOTARY PUBLIC or said State, S . LUIS OBISPO COUNTY undersigne Notary Public in an , CALIFORNIA personally appeared Martin Polin and Susan Polin mykommissi- Expires..May 19� 1975 t known to me to be the persons whose names are - subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. NOTARY 'PUBLIC T) 9v4 k VOL 1, � PACE JJ. 0749025 RECR •- , . 07496�25r WHICA DOG. rio, 24MI �= !� V`.� I 111 OFFICIAL RECORDS _ -- - -- - - - SAN LUIS OBISPO CO., CALIF. _ _ Recording Requested by WILLIAM E. ZIMARI& City of San Luis Obispo 1 I i 3 COUNTY RECORDER JUL2 51973 MWA Return to: P. 0. Box City Clerk 321, San Luis Ob spo �`- VKASEMENTS� �Inr1E ; -CA o,r SP73, For valuable consideration as' set out herein, Martin, �Polin' and Susan Polin, husband and wife, hereby grant further ea`sementsto the. City of San Luis Obispo, California,.. in _t.ha.t--- certaib - parcel of,�land' in which the said city already owns an easement, described , in -Instrument' No. 3332 on Page 119, in Volume 1109 of the Official Records of the County of San Luis Obispo, State of California, as follows: 1. All portions of any encroachment upon the City's easement, which encroachment has been allowed or accepted by the City, shall be at least ten feet, measured vertically, above the final ground surface. The final ground surface shall be at least two feet above the top of the existing water main as shown in the records of the City Water Department, or as determined by exploration, if exploration has been done at such time. 2. All future improvements within the easement except asphalt paving, landscaping that ordinarily matures to a height of less than four feet and fencing immediately within abd along the northwesterly property line, shall be subject to the approval of the Director of the Water Department. 3. No physical obstruction which would prohibit free access to any portion of the easement except asphalt pay.ing,, landscaping that ordinarily matures to a height of less than four feet and fencing immediately within and along the northwesterly property line, shall be constructed within the easement except as approved by the Director of the Water Department. 4. The owners of the servient tenement, including the grantors herein, their heirs or assigns, shall waive any rights to compensation for damages to any improvements on the easement resulting from the opera- tion, maintenance, restoration or future construction of City facili- ties within the easement. 5. The use of the easement shall at all times by subject to the paramount rights of the City to use such easement for the purposes for which it was originally reserved and if in the course of operation, maintenance or restoration of existing facilities or construction of future City facilities it becomes necessary for the City to remove any improvements within the easement, such removal shall be accomp- lished by the City without responsibility for restoration or replace- ment of the improvements. 6. Provided, however, it is agreed that nothing herein shall modify or contradict the building plans designated as Office Building for Martin Polin, Architect Andrew G. Merriam, A.I.A., dated December 22, 1972, as finally revised to meet City approval and filed with the p, City Department of Planning and Buildings, parts of which are the consideration for the granting of the above easements. F.as Dated: January Z" 1973- . RTIN PO IN STATE OF CALIFORNIA ) S AN POLIN : ss COUNTY OF SAN LUIS OBISPO ) DIXIE F. DAEr On January 25, 1973 before me, the NOTARY PUBLIC or said State, S . LUIS OBISPO COUNTY undersigne Notary Public in an , CALIFORNIA personally appeared Martin Polin and Susan Polin mykommissi- Expires..May 19� 1975 t known to me to be the persons whose names are - subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. NOTARY 'PUBLIC T) 9v4 k VOL 1, � PACE JJ. 0 0 CERTIFICATE OF ACCEPTANCE * ** * * * * * * * ** * ** THIS IS TO CERTIFY that the interest in real property conveyed by the Easement dated January 25 19 73, from Martin Polin and Susan Polin 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 k�ay 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 or his agent. Date: April 10, 1973 t�; I�r�•` C�fM _ CITY OF SAN LUIS OBISPO END of DOCUMENT L VOL 1 736 PAGE 36