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HomeMy WebLinkAbout07-15-2015 Robert C. Edwards - Utilities Easment DeedRecording requested by: Hamner, Jewell & Associates Government Real Estate Services When recorded, mail to: Hamner, Jewell & Associates Government Real Estate Services 530 Paulding Circle, Suite A Arroyo Grande, CA 93420 No fee per Government Code 6103 UTILITIES EASEMENT DEED (To The City of San Luis Obispo) No Documentary Transfer Tax per Revenue Taxation Code 11922 APN: 003 - 652 -025 For a valuable consideration, receipt of which is hereby acknowledged, ROBERT C. EDWARDS, an unmarried man (hereinafter referred to as "Grantor ") hereby grants to CITY OF SAN LUIS OBISPO, a municipal cooperation and a charter city in the County of San Luis Obispo, State of California ( "City") A perpetual Public Utilities Easement (the "Easement ") in gross for sanitary sewer collection pipeline(s), sanitary sewer force main(s), water transmission pipeline(s), fiber optics and related purposes, including, but not limited to, the right to survey, access, install, construct, reconstruct, enlarge, lay, alter, operate, patrol, remove, relocate, replace, repair, improve and maintain such facilities and all related appurtenances ("City's Utilities "). These related appurtenances may include, but are not limited to, markers, manholes, valves, fiber optic conduit, and all related incidents, fixtures, and appurtenances. The City's Utilities will be installed subsurface but there may be surface appurtenances within the Easement. The Easement shall be in, over, on, through, within, under, along, and across the easement area of the real property as defined in this paragraph. The "Real Property" is in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described in Exhibit "A," attached hereto and incorporated by reference herein. The easement area is described in Exhibit `B" and depicted in Exhibit "C," attached hereto and incorporated herein ( "Easement Area "). The permanent Easement described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Grantor shall not install, plant, or construct, nor permit others to install, plant or construct: buildings, structures, walls, and other facilities of a permanent nature; trees that would impair the City's facilities. 2. As the amount of earth or other fill over City's Utilities can affect the structural integrity of the City's underground facilities, City shall have the right to maintain the height of earth or other fill over City's underground utilities. Grantor shall not temporarily or permanently modify, or allow others in any way to modify, the ground surface elevation in the Easement Area from the elevation established upon completion of construction of City's Utilities without the City's written consent, which consent shall not be withheld unreasonably. Grantor shall not conduct, or permit others to conduct, grading operations, ripping or stockpiling, or use, or permit others to use, explosives within or proximate to the Easement Area to the extent that City Utilities may be damaged. 3. Subsequent to the grant of this Easement Deed, Grantor shall not grant any easements of any kind whatsoever to others in, over, on, through, within, under and across the Easement Area without the prior written approval of the City, which approval shall not be withheld unreasonably. 4. This Easement Deed shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns to the parties hereto. Executed this day oflr -� , 2015. GRANTOR: Robert C. Edwards 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California j . * 1 County �of�n'k) h�.�'�16, J On Jv i -� AO 1 before me, Gig +'t� I� _ �1E_Lt [:�1 Notary Public, personally trppeared Robert C. Edwards, who proved to me on the basis of satisfactory evidence to be the personv whose name(A islard'subscribed to the within instrument and acknowledged to me that he1s tbq executed the same in hi6eftb& authorized capacity(ies), and that by hislWtWw signaturesW on the instrument the persono, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official DAVID M. JEWELL Commission * 1993165 ar= ^ t Notary Public - California i Z I San Luis Obispo County My Comm. Expires Oct 5, 2046 ACCEPTANCE OF DEED This is to certify that the interest(s) in real property conveyed by the foregoing Utilities Easement Deed dated S�cu 1 , 2015, from Robert C. Edwards, " tor" therein, to the City of -0-k San Luis Obispo, "Grantee ", is hereby accepted this i + day 64.2015 by the City of San Luis Obispo, under the authority granted by the City, and the City consents to the recordation thereof. CITY OF SAN LUIS OBISPO By: Max-)4 Name: ?Ali % )( Title: M "of % f 01?— 1:] name: �► f Title: i t� � c -rte