HomeMy WebLinkAboutD-941 Edna Saddle Tank Site Recorded 09/27/1974RECORDING REQUESTED BY
The City of San Luis Obispo
AND WHEN RECORDED MAIL TO:
CITY ATTG? L E'
The City of San uis Obispo
. City Hall
San Luis Obispo, California
g340
D= No. 33120
OFFICIAL RECORDS
SAN LUIS OB1SR0 Co., Cam,
OCT 1 01974
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME q.UsPM
'COMPARED
WATERLINE AND UTILITIES
EASEMENT DEED TO THE
CITY OF SAN LUIS-OBISPO
05855"10^QQQQQ:QQCQRECR
05855010 p(QIUQUOUO UQUo
THIS INDENTURE, made the day of ,
1974 by SAMUEL W. TERRA, individually and as the Trustee of the
Testamentary Trust of SAMUEL TERRA, the party of the first part
and the CITY OF SAN LUIS OBISPO, a municipal corporation of the
State of California, the party of the second part:
W I T N E S S E T H:
That the parties of the first part for a valuable consideration;
receipt of which is hereby acknowledged, do hereby grant unto the
party of the second part, its successors and assigns, the perpetual
and permanent easement for public water transmission facilities and-
public utility undergrounding of facilities and appurtenant purposes
upon, under., over, across and through that certain real property
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situate in the County of San Luis Obispo, State of California,
described in Exhibit A attached hereto.
The parties of the first part, do hereby further grant to
the party of the second part, its successors and assigns and its
agents and employees free access along said easement hereby conveyed
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[VOL 1801 ;PACE 121
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for any and all purposes as the party .of the second part, its
successors and.assigns may now or hereafter deem convenient and
necessary from time to time to construct, install, maintain, operate,
remove, replace and use said public water transmission. facility
and appurtenances thereto together with the right to protect the
property from all hazards within said easement hereby conveyed.,
and the right from time to time to construct, install, maintain,
inspect, replace, remove and use such underground conduits, pipes,
manholes, service boxes, wires, cables and electrical conductors;
above- ground marker posts,: risers and service pedestals, undergrounds
and above - ground switches, fuses, terminals and transformers with
associated concrete pads and fixtures and appurtenances necessary
to any and all thereof as second party deems necessary located
within the property described herein.
First party shall not erect or construct any building or
other structure or drill any well within the described property;
and second party is hereby granted the right to assign all or
any portion of the rights herein conveyed.
IN WITNESS WHEREOF, the parties of the first part have
hereunto set their hands the day and year first above written.
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CO:
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SAMUEL W. TERRA
VOL 180, PAGE ���
PROPERTY AND RIGHT
OF WAY AGREEMENT
This agreement entered into this 27 7 day of
1974, by and between SAMUEL W. TERRA,
hereinafter referred to as Grantor, and the CITY OF
SAN LUIS OBISPO, a municipal corporation of the State
of California, hereinafter referred to as City:
WHEREAS:
An easement deed covering the property particularly
described in the above instruments, have been executed
and delivered to Burt Fugate, for the City of San Luis
Obispo.
NOW, THEREFORE, in consideration of the mutual cove-
nants, conditions, promises and agreements herein set forth,
it is mutually agreed by and.between Grantor and City as
follows:
1. The par.ties.have herein set forth the whole of
their agreement. The performance of this agreement con-
stitutes the entire consideration for said documents and
shall relieve the City of all further.obligation or claims
on this account or on account of the location or construc-
tion of the proposed public improvement.
2. The City shall:
said easement deed when title to said property vests in
the City, free and clear of all easements and leases except:
(a)
Pay the
undersigned Grantor
the sum of:
�pll2_p
for the property
as conveyed by
said easement deed when title to said property vests in
the City, free and clear of all easements and leases except:
(1) Easements or rights of way over
said land.for public or quasi
public or quasi- public utility
purposes, if any.
(2) Covenants, conditions and.restric-
tions as imposed by-deeds of record
affecting said property conveyed.
b. Pay any escrow and recording fees incurred in this
transaction; and if title insurance is desired by the City,
the premium charged therefor.
C. At no expense to Grantor and upon completion of
work, clean the easement area to the extent possible, in-
cluding but no limited to removal from the easement area of all
construction material and scraps and replacement in kind or
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by alternates acceptable to Grantor all landscaping materials
and /or fences or improvements found necessary to remove.for
construction.
3. The undersigned Grantor covenants and agrees to.in-
demnify and hold the City of San Luis Obispo harmless from
any and all claims that others may make or assert on the
title to the premises by reason of any deed or deeds of
trust or any mortgage or mortgages covering the premises.
-Grantor's obligation herein to indemnify the City shall not
exceed the amount paid to the Grantor under this agreement.
IN WITNESS WHEREOF, the parties have executed this
agreement the day and year first above written.
SAMUEL W. TERRA
Page two...
A
ATTEST:
CITY CLERK OF THE CITY
OF SAN LUIS OBISPO
BY
RECOMMENDED FOR APPROVAL
RIGHT OF WAY AGENT
1. RECOMMENDED FOR APPROVAL
Ass;. CITY. ENGINEER
Page three...
I �r ® sAn tUIS-OB14-3po
y
CITY ATTORNEY'S OFFICE
Post Office Box 321 •San Luis Obispo, CA 93406 805%543 -8666
'..�,- ''itit' s'ant`:�I Ei?hl�it Gii,��.•
October 23, 1974
Mr. Samuel W. Terra
817 Arbor
Ventura, CA 93001
Re: Easement for City water line
Dear Mr. Terra:
Enclosed herewith is a copy of the signed agreement between
you and the City of San Luis Obispo concerning the right of
way easement which you granted to the City, together with the
City's warrant for $2,000 in full consideration for said
easement.
The City wishes to thank you for working with Mr. Fugate
in this matter. The City now expects to be able to complete
its water project before next spring.
Sincerely,
A. ;-J . Shaw, Jr.
City Attorney
AJS:ktm
c. c. Burt Fugate
City Clerk
enc.
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EXHIBIT A
Real property in the County of San Luis Obispo, State
of California, described as follows:
PARCEL 1 - B /l:
The southerly 30' of Lot 31 of the San Luis.Obispo Sub-
urban Tract, in the County of San Luis Obispo, State
of California, according to the map thereof.filed.in
Book 1, Page 92 of record of surveys, records of said
county.
PARCEL 2 - B /2.:
The Northerly fifteen (15) feet of
road adjacent to Lot 30 of the San
Tract in the County of San Luis Ob
according to the map thereof filed
record of surveys, records of said
pass with a conveyance of said Lot
a thirty (30) foot
Luis Obispo Suburban
ispo, State of California,
in Book 1, Page; -92 of
county, which would
30.
Excepting therefrom that portion thereof lying outside the
limits of that portion of Lot 30 described in the decree
of final distribution in the matter of the Estate of Samuel
Terra, deceased, dated December 20, 1971 and recorded.
December 27, 1971 in Book 1646, Page 47 of official records,
records of said county.
Gg
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NOL 1001 PACE 12
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN LUIS OBISPO )
On 1974, before me, the
undersigned,, a Notary Public.in and for said County and State,
personally appeared SAMUEL W. TERRA, known to me to be the
person.whose name is subscribed to the within instrument and
and acknowledged that he executed the same.
WITNESS my hand and official seal.
EARL B. FUGATE
' NOTARY PUBLIC
SANTA BARBARA COUNTY
� CA I S JULY C
MY COhiMISSldN EXPIRE S JHLY 20, 1975
Cz
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NOL 1801 PAGE 12'4.
f 0
CERTIFICATE OF ACCEPTANCE
THIS IS TO CEO TIFY that the interest in real property conveyed
Waterline and Utilities
by the Easement Deed dated September 27
19 74 , from SAMUEL W. TERRA
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 Ivay 26, 1959, in Volume 1002, Official
records, Page 292, "an Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date; October ] 0 _ 1974 ,
CITY OF SAN LUIS OBISPO
ATTEST:
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END OF DOCUMENT 1861 PAGE 125