HomeMy WebLinkAboutD-969 Cross Town Feeder Proj. C. P. # 1055 Recorded 09/15/1976RECORDING REQUESTED BY1 0 6451159 000000,OQCARECR
THE CITY OF SAN LUIS OBISPO
DOC. NO. 36853
AND WHEN RECORDED MAIL TO OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
Name City Clerk S E F 151976
C�P�E�
Street City of San Luis Obispo WILLIAM E. 'ZIMARIK
Address P. o. Box 321 - \� COUNTY RECORDER
"'see 1S an Luis Obis o CA 9 3406
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
TO 405 C
AFFIX I.R.S. . b��..IN T Is SPACE
city e.c.�x� sFe,eEr�9,e.r�
EASEMENT DEED
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THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, None.
RAY B. BUNNELL, a married man, as his sole and separate property,
hereby GRANT(S) to THE CITY OF SAN LUIS OBISPO, a municipal corporation, rights of ingress
to and egress from, together with easements to construct, maintain, operate, patrol, re-
construct, repair, remove, and /or change the number and /or sizes of pipelines, 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 San Luis Obispo , State of California:
That portion of the Northeast Quarter of the Southeast Quarter of Section 2.7, Township
30 South, Range 12 East, Mount-Diablo Base & Meridian, in the City of San Luis Obispo,
County of San Luis Obispo, State of California, more particularly described in
Exhibit "B" attached hereto and comprised of one page.
Dated U G 0S7- a S I l 9% 6 ay unne
STATE OF CALIFORNIA
p SS.
COUNTY OF So w,, , AI-t h L4
On A 12 (2 1) ST_ S' 151 J6 U before me, the under-
signed, a Notary Public in and for said State, personally appeared
, known to me
to be the person whose name 1,� subscribed to the within
instrument and acknowledged than executed the same.
WITNESS my hand and official seal.
Signature
Name (Typed or Printed)
PHYLLIS PO?MPAAROFP
a NOTARY PUBLIC
SAN LUIS OBISPO WUNTT
CALIFORNIA
Box 1265, 863 Pacific St., San Luls Obispo, Ca. 93406
Title Order No._ Fscrow or Loan No.
(This area for official notarial seal)
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R. Bunnell to THE CITY OF SAN LUIS OBISPO.
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A ten foot (10') wide strip of land, the centerline of which is described
as follows:
Commencing at the Southwest corner of Lot 11, Block 5 of the Anholm Addition
to the City of San Luis Obispo, California, as per map recorded in Map Book
3, Page 91, in the Office of the County Recorder of said County;
thence along the prolongation of the easterly line of Hill Street, as said
street is shown on the map of said Anholm Addition, South 34 °50' East a
distance of.50.00 feet to a point on the southerly line of Lincoln Street;
thence,South 55 °10' West: a distance of 35.00 feet along the prolonged
southerly line of Lincoln Street to the Point of Beginning; thence South
34 °50' East a distance of 372 feet more or less to a point on the South
line of the Northeast Quarter of the Southeast Quarter of Section 27,
Township 30 South, Range 12 East, Mount Diablo Base and Meridian; the
sidelines of the ten foot (10') strip of land beginning on the said
Southerly line of Lincoln Street and ending on the said South line of
the Northeast Quarter of the Southeast Quarter of Section 27, Township
30 South, Range 12 East, Mount Diablo Base and Meridian;
Together with a twenty -five foot (25') wide temporary easement for con-
struction purposes lying easterly of, and adjacent ot, the hereinabove
described ten foot (10') wide permanent easement.
EXHIBIT "B"
woL x.922 PACE, 458
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed
by the Easement Deed dated August 25, _
19 76 , from Ray B. Bunnell
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 Ivory 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
CITY OF SAN LUIS OBISPO
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EN,U Of DOCUMENT [VOL1922 PAGE 459
PROPERTY AND RIGHT
OF WAY.AGREEMENT
This agreement entered into this 25�W - day
1976, by and between RAY B. BUNNELL, 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 des-
cribed in the attached instruments and illustrated as Exhibit
A, 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
mutually 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 re-
strictions as imposed by deeds.-of
record affecting said property
conveyed.
(3) Easements or rights of way for
road purposes over said roadway
for public.or private purposes,
if any.
(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 construc-
tion material and scraps.
(d) Provide a "T" for an 8" waterline connection in
the Proposed City Waterline, a fire hydrant and valve at a lo-
cation acceptable to the City adjacent to the south property
boundary. The purpose of this connection and fire hydrant is
to provide future service to the subject property.
(e) Subject to the submission of a suitable sub -
division map to the City, the City agrees to limit the Grantor's
requirement for the improvement of Hill Street to normal public
improvements on the north half only of Hill Street—Recognizing
the sloping topography of the remainder parcel and subject to
an acceptable subdivision map the City will not prohibit the
placement of sewer.lines along the north property boundary
and connection thereof to public sewer in Lincoln Street.
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 obli-
gation 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 agree-
ment the day and year first above written.
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ATTEST:
CITY CLERK OF THE CITY
OF SAN LUIS OBISPO
BY
RECOMMENDED FOR APPROVAL_
RIGHT OF WAY AGENT
C. .
RECOMMENDED FOR APPROVAL
CITY ENGINEER
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RAY B. SUNNELL