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HomeMy WebLinkAboutD - 2026 Utilities Easement Deed (Pending Recording)Recorded at request of and When recorded return to: City of San Luis Obispo City Clerks Office 990 Palm Street San Luis Obispo, CA 93401 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 053- 182 -027 and 053- 182 -030 (SLO County) No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 273 83 City of San Luis Obispo UTILITIES EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, San Luis Obispo Non - Profit Housing Corp., a Corporation (hereinafter referred to as "GRANTOR ") does hereby GRANT to the CITY OF SAN LUIS OBISPO, a municipal corporation and a charter city in the County of San Luis Obispo, State of California ( "CITY ") the following interests in real property: A. A Permanent, Easement for the installation, construction, reconstruction, enlargement, operation, maintenance, replacement, and repair of a lift station, conduits, utility boxes and related appurtenances, and ingress and egress rights associated therewith in connection with the Margarita Lift Station. This Permanent Easement ( "Permanent Easement ") shall be in, over, on, along, through, within, under, and across the Permanent 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 "Permanent Easement Area" which comprises the Permanent Easement is described and depicted in Exhibit `B" attached hereto and incorporated by reference herein. 1 of 5 SLO City/Margarita Lift Station/Deed - HASLO.doc The Permanent Easement described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: I. The facilities and improvements installed in the Permanent Easement Area collectively are referred to herein as "City Facilities." Plans for City Facilities as they exist from time to time shall be maintained at the City's principal offices. 2. City shall have the right of ingress and egress for personnel, vehicles, and construction equipment to, from, and along the Permanent Easement Area at any time, without prior notice. Such right shall include temporary removal of the perimeter fence and work around the City Facilities in order to accommodate such rights as granted to City under section A herein, including the right to lock and secure the gate into City Facilities. 3. As the amount of earth or other fill over City Facilities 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 facilities. Grantor shall not temporarily or permanently modify, or allow others in any way to modify, the ground surface elevation in the Permanent Easement Area from the elevation established upon completion of construction of the City Facilities 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, stockpiling, or use, or permit others to use, explosives within or proximate to the Permanent Easement Area to the extent that City Facilities may be damaged. 4. Subsequent to the grant of this Easement, Grantor shall not grant any easements of any kind whatsoever to others in, over, on, through, within, under and across the Permanent Easement Area without prior written consent of the City. Together with: B. A Temporary Construction Easement for the purposes of facilitating construction of City Facilities, including the right to place equipment and vehicles, pile earth thereon, and utilize said Temporary Construction Easement for all other related activities and purposes associated with facilitating the construction of City Facilities within the Permanent Easement described hereinabove, in, on, over, under, through, and across that certain parcel of land described and depicted as "Temporary Construction Easement" in Exhibit "C ", attached hereto and incorporated herein. Said Temporary Construction Easement shall commence thirty (30) days after issuance by City of a Notice of Commencement of Construction to Grantor, which shall be issued to Grantor by U.S. Mail, and shall automatically terminate upon completion of City's construction, or four (4) months after the commencement of construction, whichever occurs first; provided, however, that City shall have the right to extend the Temporary Construction Easement term in six additional one (1) month increments if City determines that additional time beyond the four month period is necessary for construction completion. In such case, City shall have the unilateral right to extend the Temporary Construction Easement period through construction completion and agrees to compensate Grantor Six Thousand Dollars ($6,000) for each one month extension term exercised. Payment for any such extensions shall be paid by City to Grantor concurrent with City's written notice to Grantor of City's intent to exercise 2 of 5 SLO City/Margarita Lift Station/Deed - HASLO.doc such extension provisions. In any event, this temporary easement will automatically terminate at the conclusion of City's construction, or on December 31, 2017, whichever occurs first. Upon completion of construction of City's project, said Temporary Construction Easement area shall be generally restored to the condition that existed prior to construction, or better, to the extent reasonably practical, except for landscaping. AND C. A Temporary Landscape Maintenance Easement to maintain, water, trim and manage the landscaping which City will install around the perimeter of the lift station facility. Said temporary landscape maintenance easement shall commence upon conclusion of the construction of the lift station and terminate one year after commencement and shall include such area as is reasonable to accomplish the purpose of insuring establishment of the new landscaping being planted by City. Such rights shall include the right to install a temporary irrigation system for this purpose during the period of this easement. The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto, and all covenants shall apply to and run with the above described property. GRANTOR: San Luis Obispo Non - Profit Housing Corp., a cKic, % E, /e- Vtl - OF c:t.r By_ Name: Title: 3 of 5 SLO City/Margarita Lift Station/Deed - HASLO.doc 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 County of Sc ,Lf} 1+uiS Ob'tSP O On T Li &� (0, 3-D l (e, before me, Vj C; +U (-k0- 1— - Cjno' e— H N Notary Public, personally appeared —5 Lvj-t—_ 5 m <4 � , who proved to me on the basis of satisfactory evidence to be the person whose name(s) islaw subscribed to the within instrument and acknowledged to me that he/sk /they executed the sa ne in his/her /their authorized capacity(iie), and that by hislb�Wth& signatures(slj on the instrument the person(a), or the entity upon behalf of which the person() 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 seal. Ct - — — — Y Comm. # 20729113 Signature 6 ? (Seal) W � j N A SAN pc COUNTY COMM. . JUNE 27 2016 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 County of On before me, Notary Public, personally appeared _ _ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signatures(s) on the instrument the person(s), 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 seal. Signature . (Seal) 4 of 5 SLO City/Margarita Lift Station/Deed - HASLO.doc CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Utilities Easement Deed dated JUla"e ID. ,991�o , from San Luis Obispo Non - Profit Housing Corp., a Corporation, Grantor therein the City of San Luis Obispo ( "City "), is hereby accepted by the undersigned officer on behalf of City, and City hereby consents to the recordation thereof by its duly authorized officer or agent. In Witness Whereof, I have set my hand this // day of , 2016. CITY OF SAN LUIS OBISPO By rl.. *e& rl� N : Jan Howell Marx TiM. Mayor Dietrick, City Attorney ___, 5 of 5 SLO City/Margarita Lift Station/Deed - HASLO.doc EXHIBIT A LEGAL DESCRIPTION Real property in the City of San Luis Obispo, County of , State of California, described as follows: Parcel 1: (A.P.N.: 053 - 182 -027) Lot 91 of Tract No. 400, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded June 25, 1971 in Book 8, Page 2 of Maps, in the office of the County Recorder of said county. Parcel 2: (A.P.N.: 053- 182 -030) Parcel A of Parcel Map SLO -76 -560, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded October 27, 1977 in Book 24, Page 16 of Parcel Maps, in the office of the County Recorder of said county. APN: 053 - 182 -030 & 053 - 182 -027 EXHIBIT B PAGE 1 OF 3 An easement for sewer lift station situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of Lot 91 as shown on that certain map entitled "Map of Tract Number 400 El Camino Estates, in the City of San Luis Obispo", recorded in Book 8 of maps at Page 2, on June 25, 1971, along being a portion of Parcel A as shown on that certain parcel map entitled "Parcel Map SLO- 76- 560 ", recorded in Book 24 of Parcel Maps at Page 16, on October 27, 1977, said easement being more particularly described as followed: Beginning at a point on the northerly line of Margarita Avenue (84 feet wide), said point being the southwesterly corner of said Lot 91 shown on said map described above; Thence northerly along the westerly line of said lot, said line being coincident with easterly line of said parcel described above, North 05 016'00 East, 15.07 feet to the TRUE POINT OF BEGINNING; Thence leaving said line, South 79 °03'40" East, 15.76 feet along the northerly line of an existing sewer lift station easement described in that certain deed filed as Document No. 35593 of Official Records of San Luis Obispo County, State of California, on November 1, 1972, said northerly line described in said deed as "South 80 °16' 14" East, 35.00 feet "; Thence leaving said northerly line, North 10 °50'27" East, 17.76 feet; Thence South 79 °01'34" East, 14.03 feet to said westerly line of said lot of said map described above; Thence leaving said line, South 79 °01'34" East, 19.32 feet; Thence South 04 °20'20" West, 11.35 feet; Thence South 10 051'47" West, 14.61 feet; Thence North 78 °37'34" West, 8.40 feet to the easterly line of said easement described above; Thence along said easterly line, North 10 °56'20" East, 8.08 feet to the northeasterly corner of said easement; Thence along the northerly line of said easement, North 79 °03'40" West, 10.49 feet to the TRUE POINT OF BEGINNING; See attached Exhibit `B' made a part hereon. Containing and area of 676 square feet, more or less. End of easement EXHIBIT B PAGE -2 OF,3 �XiSTtNG:�5..'x15" SCR L�Ff STATION EASMENT r 1 1 o 4s.3 {1) 1 NQ 16'4,1 -W (91) I. E I X84' DIVIDE) �� � .: • . 119 :,�. a;�> y s {R1). BUgK 24 PARCEL MAPS._ PAGE 16 •: BA�I��� 13E'Al2CN�,S: THE BEARINGS SHOWN HMEON ARE -BASED -OBE .CITY OF SA,N LP18: OBISPO HORIZQNTAL CONTRQL NETWOk.K 20.07. i OCT©B'P3 .07.2015 1 S79'01'34 "E s -r4" 14.0, 19:32` Ld I `# o � AREA G7� sq {ft . . _1040. `: 15178'. -- _ 1479 U3'40V ;. 7t in . . 40.25 ' TRUE Pf71,NT T b — cy, OF 13 6i4m`l�G ; �o: cr, PO1NT OFP GINNING :.� - 67f6' 1 °E; {fit:) . �V X84' DIVIDE) �� � .: • . 119 :,�. a;�> y s {R1). BUgK 24 PARCEL MAPS._ PAGE 16 •: BA�I��� 13E'Al2CN�,S: THE BEARINGS SHOWN HMEON ARE -BASED -OBE .CITY OF SA,N LP18: OBISPO HORIZQNTAL CONTRQL NETWOk.K 20.07. i OCT©B'P3 .07.2015 EXHIBIT C PAGE 1 OF 3 A temporary construction easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of Lot 91as shown on that certain map entitled "Map of Tract Number 400 El Camino Estates, in the City of San Luis Obispo", recorded in Book 8 of maps at Page 2, on June 25, 1971, along being a portion of Parcel A as shown on that certain parcel map entitled "Parcel Map SLO- 76- 560 ", recorded in Book 24 of Parcel Maps at Page 16, on October 27, 1977, said easement being more particularly described as followed: Beginning at a point on the northerly line of Margarita Avenue (84 feet wide), said point being the southwesterly corner of said Lot 91 shown on said map described above; Thence westerly along the southerly line of said parcel described above, said line also being northerly line of said avenue, North 79 °03'40" West, 17.23 feet to the TRUE POINT OF BEGINNING; Thence continuing along said avenue and said line, North 79 °03'40" West, 49.10 feet to the southwesterly corner of said parcel; Thence leaving said northerly line, North 05 °16'09" East, 78.73 feet along the westerly line of said parcel; ' Thence leaving said parcel line, South 84 °32'31" East, 66.00 feet to said westerly line of said lot on said map described above; Thence leaving said lot line, South 84 °32'31" East, 21.96 feet; Thence South 05 °0621 " West, 53.21 feet; Thence South 11 °20'27" West, 1.05 feet; Thence North 79 °02'55" West, 22.11 feet to said westerly line of said lot on said map described above; Thence leaving said lot line, North 79 °02'55" West, 14.03 feet; Thence South 10 °50'27" West, 32.76 feet to the TRUE POINT OF BEGINNING; See attached Exhibit `D' made a part hereon. Containing and area of 6,066 square feet, more or less. End of easement EXHIBIT G PAGE_2. C)F 3 y ;b, + 532'31 "E 21, g6 e 0 .PARCEL A L LOT91, BOOK 8 PARCE 13 nos 1300K'24 PARCEL'MAPS `P,, aGE 16 :.. ` MAPS, PAGE 2 BOOK 24 PARCL APN 053 -182 -030 + w APN 0.53- 132 -027' MAPS; RAGE 16 0 AREA .6,01:6 Sq. ffi. 4. y � N8'Q2 S5'iN • �6 '! 4' • 14.63' 2211,.' x51 E)G.Sll G.35'xl5' ' l �' 4 SCR LEFT. -- ._r. '4 0 LIFT STAT ON _ v en . _ -- EASEMENT I. 1 (1695 O.R. 2953) 1" TRUE POINT 1 i OF BEGINNING: ' j: 4 49.10'. 17.23.. N79'03 40 Vs! 66,33 N76-03'40* 1 19,07 "•._ . i (lVSfl,f W41 "N+ 66" -33 'j (SB(r 6.41E 7 49 07. {R1} PAINT OF BEGINNIA G; I MARGARITA AVENUE (84 WIQE) (R1). BOOK 24 PARCEL-.MAPS. PAGE.16 THE ;8E fNGS :SHOWN HEREON ARE -ON CITY OF ' :. .BASED SAI!E. l ll' S :0l�lSP�, HokizoNTAL CQNnb1. , iVtM611K- 2607. CONSTRUC.no SCALE .1" ? 20' OCTOSEl� -07,2015 AS M NT `' 2 2 0 No 8239, Page 1 of 1 .... .. .... . CLOSURE TEMPORARY C.ONSTRUCTION ImSEM E NT ... EXHIBIT C PAGE 3 OF 3 -�b'lyl.lpq Report Wed Oct 0 18:35:41 2015 Northi 4g F;asting Bearing ..Distance 229-0448..833 N 190'.03'407.-V -4 9 10.3 Q458,15*1 5.765199-176 N 0 5 -16 1.0 9'! t -726 ---2290536.".544 57652-06.4-06 8 84 °32' 66`.:0.02 .2-Q53Q.266. 5765272.109 9 .2 177 5765293.974 S 0 5 U�! 2 1 2290475.:175 -' 5-7.6528,'9.238 S 1102;01:27,1:i..w' . . . . . . . . . . 2290474. 145 032 N. 79° Q? 5 W 2. 112 22.9047,8.,,3'40 5.1. 5267.32 N 79'02155 "' W. 14:029 '2290481.017 576:5253...5.4:9 S 1005012711 W: 32.763 2290448-.833 --57652.47.887- , r stanc6> 0--00000 'Total :Distancb> .338.9:63 P ly iin:e, Areal. 6065.8 sq :ft, 0.1-aqr6s. 0 No 8239, Page 1 of 1 .... .. .... .