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Home My WebLink AboutD-970 Santa Rosa Street Widening Recorded 11/10/1976Reco no Requested By;� 75.ity erVs Office ` -3o " ` rit'Ps ri '1rli +w i 1.Lea return to CITY CLnK'S OFFICL 46178 City of San Luis Obispo DOC. NO. P.O. Box 321 OFFICIAL RECORDS Scan Luis Obispo,.. CA 93401 SAN LUIS OBISPO CO., CAL COMPARED NOV 10 1976 WILLIAM E. ZIMARIK COUNTY RECORDER. r2 - -: 0 1 P K. GRANT OF EASEMENT GERALD W. SHIPSEY and JOHN L. SEITZ, as Grantors, hereby grant to the CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantee, An easement for street purposes over the following described property: The westerly ten feet (101) of the northwesterly one -half of Lot 4 in Block 33 of the City of San Luis Obispo in the. City of San Luis Obispo, County of San Luis Obispo, State of California, -as per Harris and Wards' Map of said City on file in the Office of the County Recorder of said County. IN WITNESS WHEREOF, Grantors have hereunto caused their names to be subscribed this 28th day of. September 1976. Gerald W. S ipsey Description approved: . City Engineer (,Individual) ) 'STATE OF CALIFORNIA } SS. San Luis Ob COUNTY OF ...... - ----- -- -- ... ---- -• - - -- ispo - October -- 15_x__.- 1976-- .-- _ - - - -- before me, the under- On __ ...___ signed, a Notary Public in and for said County and State, personally appeared - - -- c --------------- JOHN-I'- a---- SEITZ, --------------------------------------- ------------------------------------------------------------------------------------------------------------------ °•. , known to me to be the person .$ - - - -.- whose name.$... areubscribed to the within instrument and acknowledged that._ they ..executed the same. .1.12 Y. -:. I1[ISi. 4:� ?: a e and for said unty and State A I ommission Exai;:s Jur.= 29, 1977 b� 0� 970 35 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Grant of Easement dated September 28th 19 76 , from Gerald W. Shipsey and John L. Seitz to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded k-ay 26, 1959, in Volume 1002, Official records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date; November 9, 1976 CITI ATTEST-:, Cleft J.H. Fitzpatrick END OF DOCUMENT By SAN LUIS OBISPO yor Kenneth E. Schwartz PA935 PAGE. 26"1 .lA 0� N w � AGREEMENT THIS AGREEMENT, executed this day of 1976, by and between GERALD W. SHIPSEY and JOHN L. SEITZ, hereinafter called Grantors, acid the CITY OF SAN LUIS OBISPO, a Municipal Corporation, here- inafter.called City,;witnesseth: I. Grantors'shali convey to'the City, for street widening purposes, .'017 acres, more or less, lying along Santa Rosa Street as shown on the attached sketch. - ✓' 2,' In consideration of the easement for street widening, City agrees W/9 - AW1$%1jYY-/)(Y to remove existing curb, gutter, sidewalk and driveway ramp and to construct new curb, gutter, sidewalk and driveway ramp at the new line, relocate utilities as necessary, and pave out the - street to the new gutter, at such time as the widening takes .p"16ce; _ but in no event later than January 1, 1978. . 8 (Individual) STATE OF CALIFORNIA SS. COUNTY OF - - -San Luis Obispo On --------- October 1-5-1 - 1976 - ___ .before me, the under- -•-- --------- ••-------- ------ --- -- - -• - �- signed, a Notary Public in and for said County and State, personally appeared ---------- GERALD W. SHIPSEY and -------------------- - - - - -- ------------------------------------------- JOHN L. SEITZ ----------------------------------------------------------------- - - - - -- ----•------------------------------------- ----- --- -------- --- ------ ----------------------------------- ---- ---------- ---- ------ - - - --- known to me to be the person ..... . ---- whose nameS...aresubscribed to the within instrument and acknowledged that...-.they executed the same. IV, rT cc .. ti seal. ANN 2.. "O. :EN NDV27 PUBLIC r S . Cou �nn � s in and for said d State V Ri.,MiA Akvr4mmission Expires. June 28, 1977 Approved as tc WENDT, MITCHEI DE LA MOTTE & City Attorney By Allen Grimes is Attest: Gerald W. Shipsey. op form:. Approved as to content: SINSHEIPIER, LLEY, �► City Administrative officer i dSTATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 m TELEPHONE (805) 549-3111 - February 1.8,.'1977 R/W 05 -SLO Santa Rosa Street - Parcel 180 -10 (Shipsey) 05430 - .13050.9 City of San-Luis Obispo P. O. Box 321 San Luis Obispo, CA 9.3406 Attention Mr. Wayne Peterson City Engineer Gentlemen: Returned for your files for the above referenced parcel are.the original fully executed Right of Way Contract andIvRight to Construct. There..will -be no tax document recordation rary rights acquired,. S'nce4rienl J D. A: District Right of.Way Acquisition Branch Attachments cancellation or because of the tempo- Agent PEP SAN tay's AD San Luis Obispo, ,California September 20 , 19 76 GERALD W.- SHIPSEY and JOHN L SEITZ Grantor r Dist. County P.M. R E.A. SLO Santa 130509 Rosa Street- RIGHT OF WAY CONTRACT - CITY STREET Document No. 180 -10 in the form of a Right to Construct covering the property particularly described therein has been executed and delivered to Richard W. Lowder , Right of Way Agent for the State of California, acting on behalf of the City of San Luis Obispo. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed 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 document and shall relieve the City of San Luis Obispo of all further obli- gation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. 2. The City of San Luis Obispo shall: (A) Pay the undersigned grantor(s) the sum of $ 100.00 for the property or interest conveyed by above document., subject, to all matters of record. APPROVED BY DISTRICT 5 Dated Bentzin Depizk.y District Director Rigl u of Way 9 I 3. At no expense to grantors and at the time of street construction the City or its authorized agent shall: (A) Construct poured Portland cement concrete retaining wall. (B) Construct a Portland cement concrete drive apron and asphalt concrete driveway with 5 foot radius returns conforming to existing driveway alignment. (C) Relocate business sign upon grantors' remainder property. Any landscaping disturbed during said construction work shall be repaired or replaced in kind at no expense to grantors. It is understood and agreed that upon completion of the above described work, the retaining wall, sign, driveway, and landscaping shall be considered as the sole property of the grantors, the mainte- nance and repair of said property to be that of the grantors. The driveway and driveway apron shall be operated in accordance with and subject to the ordinances, rules and regulations of the City of San Luis Obispo. Permission is hereby granted the City or its authorized agent to enter upon grantors' land, when necessary, for relocating the sign and for constructing improvements described herein and all incidents relating to such construction. 4. It is agreed and confirmed by the parties hereto that notwith- standing other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on December 1, 1976, or upon approval of this contract by the City, whichever occurs first. 5. All work done under this agreement shall conform to all applicable building, fire, and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. 6. In consideration of the City's waiving the defects and imperfec- tions in the record title, as set forth herein, the undersigned grantors covenant and agree to indemnify and hold the City of San Luis Obispo harmless from any and all claims that other parties may make or assert on the title to the premises. The grantors' obligation herein to indemnify the City shall not exceed the amount paid to grantors under this contract. 2 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above Written. Grantor __§ Reco d "forA pr v CI .OF. - SAN LUISBY - -- ---------- - - - --- - - - - -- ------------ - - - - -- - Right of Way Agent 4 BY -- ------- -----=--- - - - - - -- ----- ------------=----- - - - - -- enneth .E . Schwartz.;. Mayor:_ S6II1'OlfRight of Wa y Agent - ------------------------------------ - - - - -- - - -- - - - - -- No Obligation -Other Than Those Set Forth Herein Will Be_ Recognized EST. 4332. 12131 -300 2-73 3M 8H %T O 03P Affects Parcel No. 180 -10 05 -Santa Rosa Street City of San Luis Obispo E.A. 130509 R I G H T TO C O N S T R U C T Date: September 2.0, 1916 City of San Luis Obispo Mr. Kenneth Schwartz Mayor P. 0. Box 321 San Luis Obispo, CA 93406 Gentlemen: Permission is hereby granted to the City or its authorized agent(s) to enter upon our land, as shown shaded in red on the attached map, for the purpose of constructing or improv- ing a public street and accomplishing all necessary incidents thereto. Said Right to Construct shall cease and terminate upon comple- tion of construction, but in any event shall cease and termi- nate not later than January 1, 1978. Very truly yours, ROCONMENDED FOR APPR VAL.: R -chard W. Lowder Right of �y Agent Accloisiti n Branch D. A.. Friend District Right of Way Agent Acquisition Branch ACCEPTED: OF SAN LUIS OBISPO Kenneth E. Schwartz Mayor Tl I W M/a '151 %3 3 ,9£ :£.5 N ,04. .01 I I I I I I � I I O N n I I I I I I I I - -- —L- -001 _ - -�_ ,04 .OI Ln in W O �0 N `f l r / P;..1� ,ovl ,ol I I I I In - ,041 '. ,01 i —_ N b I 1 L-1 0 �. I j 1 I I r---- ---- --� I I 1 n o. in r -J I I L------- - - - - -J 041 gg P M LI I.S7 %3 3 ,9£ ,£S N 1 '1S HD'd3d V /l O Q � H Z Q I 3 3 K a r W n i is 0 W °I i i RES0 Air 6 ION NO. 3182 „ (19 76 'Serie A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN.AGREEMENT BETWEEN TIME CITY AND GERALD. W. SHIPSEY AND JOHN L. SEITZ FOR SANTA ROSA STREET'RIGHT OF WAY, PARCEL 180 -10. BE IT RESOLVED by the Council of.the City of San Luis Obispo as follows: 1. That certain agreement, a copy of which is on file in the, Office of the City Clerk, between the City and GERALD W. SHIPSEY $ JOHN L. SEITZ for right of way acquisition for Santa Rosa Street. widening, Parcel 180 -10, Agreement No. 05430 - 130509 is hereby approved and the Mayor.is authorized to.execute same. 2. The City Clerk shall furnish a copy.of this Resolution together with a copy.of the agreement approved by it to: the City Engineer and Shipsey $ Seitz On motion of Councilman Petterson seconded by Councilman Graham and on the following roll call vote.: AYES: Councilmen Graham, Gurnee, Norris, Petterson aid Mayor Schwartz NOES • None. ABSENT.: None the foregoing Resolution was passed and adopted this 16th day o f November 19 76 ATTEST: r