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HomeMy WebLinkAboutD-967 Cross Town Feeder Proj. C. P. # 1055 Recorded 09/22/1976s RECORDING REQUESTED o 1615wW221" A00000- 00CAR'C TBE CITY OF SAN LUIS OBISPO A,ND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHER- 3�L7�© WISE SHOWN BELOW, MAIL TAX STATEMENTS TO: � NO- J 8 OFFICIAL � �RECORDS NAME City Clerk SAN LUIS 06ISP0 w-1 CAL ADDRESS City of San Luis Obispo S E P 2,2 1976 CITY 8 P. 0- Box 321 MAIPAREff sTZ P � Luis Obispo, CA 93406 J WCIOIJI� Y RECORp� t Title Order No. Escrow No. MME. ­2; 0 0 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned declares that the documentary transfer tax is $ .......... PN ................. and is �- -,� ------------------------ ❑ computed on the full value of the interest or property conveyed, or is t f-n�'� 051k pEm-,ey C LPL � 2 ❑ computed on the full value less the value of liens or encumbrances remaining thereon ereon at the time of sale. The land, tenements or realty is located in ❑ unincorporated area jo city of... Say( - -- .Cuffs. -A001" FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, NONE BRIZZOLARA ENTERPRISES, a limited partnership hereby GRANT(S) to THE CITY OF SAN WIS OBISPO, a municipal Corporation, rights of ingress to and egress from together with easements to construct, maintain, operate, patrol, reconstruct, repair, remove and /or change the nuunber and /or sizes of pipe- lines, hydrants, and appurtenances, for the conveyance of water on, under and across the following described real property in the City of San Luis Obispo county of Sari Luis Obispo , state of California: Parcel "A" A ten foot (101) wide strip of land across Parcel No. 1 as said parcel is described in Document No. 8630 filed March 20, 1973, in Volume 1715, Page 482, in the Office of the County Recorder, County of San Luis Obispo, California, the center line of said strip being more particularly described as follows: Commencing at the northerly end of a line lying in, and defining a portion of, the Easterly right- of-way boundary of State Highway Number 101, said line being that line described as, "North 30021'55" Fast a distance of 258.09 feet in a Grant Deed from G. W. Baker, et ux, to State of California, dated September 4, 1951 and recorded October 22, 1951 in 632 of 45, Figure 17 in the office of said County Record; thence, from said point North 67028'40" East a distance of 30.7 feet to the True Point of Beginning; thence South 49047' East to the center of Stenner Creek. Parcel "B" Two temporary construction easements each 15 feet wide and lying one on each side of, contiguous to, and parallel with, Parcel "A ", the herein above described permanent easement. Said temporary construction easements shall cease and terminate nate upon completion of construc- tion, but in any event, shall cease and terminate not later than January 1, 1978. Dated AKG - 2.s t f.7 e. General � Brizzolara Enterprises STA 4tE OF.A�_FORNIA l f } /CDi3NTY• O.F Santa Barbara ))) SS. On at 23, 19769 before me-, the under- signed, a Notary Public in and for said County and State, personally appeared c- 31012s P_ Fi lhin, Wi I 1 i am R_ Erm t, _ F._ D_ Arnett , known to me to be the person S whose nameG — subscribed to the within instrument and acknowledted hat�hEU executed the same. �• Sigrtature o Notary uauu EARL B. FUGATE r NOTARY PUBLIC -• sAr,u U:Al;BARP. COUNTY CALff(j tilA My C 111111 slon expires July 20, 1979 MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE. IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE. Name Street Address City & State L -1 (G.S.) (Rev. 4 -75) 8 pt. C % 967 Iwnl '1921 PACt 746 w} Jz O O" W Uo wQ LL °C QCO C/)Z Q LLJ >- 0 0 W W JQ �� Q W Q z O Q ~ O w �? D O LL W U W � o w °° w a U U UZ i o 0 0 v N LLCr =cr 0 mQ Q a QCO �o �2 o U) Z a I� LLJ } 0 m 0 v W J Q a Q 0 �-O - 0 LL W U LL LL O w CO m w U z 0 v wQ LL CC =cr m Q a Q Cl) �2 o U) Z z `a w} J¢ � a O O" W U� wa LL °C Q U) U) z CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Easement Deed dated August 23 1976 from Brizzolara Enterprises. Arnett & Broadbent, Inc., James P. Filbin and William R. Broadbent. 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 May 26, 1959, in Volume 1002, Official Ilecords, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date; September 15, 1976 CMY OF SAN LUIS OBISPO ATTEST: yor W C11 O END of DOCUMENT 00[1923 PAC�.747_ T L1NK � 02 ,. °9 � / D 4 5 6 7 Q O co ;'. CO 0 z ti 1•• a 100_' - CITY OF SAN LU15 OBISPO)cAL. ENGINEERING DEPT ,WATER R/W ACQUISITION FROM -� EXHIBIT " D" EASEMENTS BRIZZOLARA ENTERPf- �ISES�+ TEMPORARY EASEMENT' FOR WATER LINE PERMANENT" CD.vwn Pt�.s. r-7-: C,Kadl 6y: 4Gd N'— A �G/1 7 �l Dwwin9 Non: b `O City E ,6'r 1' ► z r• EACH ST 0 z ti 1•• a 100_' - CITY OF SAN LU15 OBISPO)cAL. ENGINEERING DEPT ,WATER R/W ACQUISITION FROM -� EXHIBIT " D" EASEMENTS BRIZZOLARA ENTERPf- �ISES�+ TEMPORARY EASEMENT' FOR WATER LINE PERMANENT" CD.vwn Pt�.s. r-7-: C,Kadl 6y: 4Gd N'— A �G/1 7 �l Dwwin9 Non: b `O City E ,6'r 1' ► z r• PROPERTY AND RIGHT OF WAY AGRL'EMENT !I 'Phis agreement entered into this dav'of u , 1976, by and between BRIZZOLARA EINTERPRISES, a Limited Partner- ship, hereinafter referred to as Grantor, and the CITY OF SAN LUIS OBISPO, a municipal.corporation of the State of.Cali.for- nia, hereinafter referred to as City: WHEREAS: An easement deed-covering the property.particularly - des cribed in the above instruments and illustrated as Exhibit D, have -been executed and delivered to Burt Fugate,,for the City of San Luis Obispo. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, it is mututally agreed by and between Grantor and City as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes 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 construction of the proposed . public improvement. 2. The City shall: (a) Pay the undersigned Grantor the sum of: One Dollar 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 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, including but not limited to removal,from the - easement area of all con- struction material and scraps and replacement in kind or by alternates acceptable to Grantor all landscaping materials and /or fences or improvements or .paving r(--rn(:)v(-,d for construction. City shall repair and restore all faults and defects in paving including. those caused by.settling. that occur within one year after the date of completion of construction. P:.irki.ng area adjacent to construction easement shall not !)o disturbed for a period of time to exceed 10 consecutive days and not to 'exceed a total of 30 days cumulatively. (d) C•y agrees to install a fire hydrant y t adjacent to the northerly property boundary and freeway fence in a way as to not interfere with vehicular parking. City agrees to use due :diligence to accomplish proposed construction within.the right of way herein granted. 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.other.s 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. obliga- tion .herein to .indemnify the City shall not exceed the amount paid to the Grantor under this. agreement.. IN WI'1TNESS WHEREOF, the parties have executed_ this agree - ment the day and year first above written. BRIZZOLARA ENTERPRISES ARNETT & BROADBENT, INC. BY, resident BYl�k�. Secretary JAMES P. FILBIN,- GENERAL PARTNER CI W ATTEST: CITY CLERK "1OF THE CITY OF SAN LUIS OBISPO RECOMMENDED-FOR APPROVAL RIGHT OF WAY AGENT 44Ld RECO1`_ME,ND}1D FOR APPROVAL CITY 'ENGINEER