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HomeMy WebLinkAboutD-100 French St Recorded 07/06/1931THIS INDEN1URE made this 23rd day of June, 1931, between JOSEPH RUSCA and LUCIA RUSCA, his wife, b.oth of San Luis Obispo,. California,. the parties of the first part, and CITY OF SAN LUIS OB ISPO, a municipal corporation of the -State of California, party of the second part WI'TNES&ETH:: That the said parties of the f irst.part, in conside r ation of the sum of Ten Dollars ($10..00) lawful money of the United States of America,. to them in hand paid by party of the second part,. the receipt whereof is: hereby acknowledged-, do by these presents,. grant, bargain, sell and convey unto the said party of the second part and to its successors and assigns- forever, a right of way to lay,. construct,,. operate, maintain, repair, change and reconstruct one. Ten_(10) indhLpipe -_liM for the transportation of water, across:, under and through that certain lot, piece or parcel of land situate in the City of San Luis-Obispo, County of San Luis! Obispo, State. of Califor nia, and described as follows, to wait: Lot No. Five (5) in Block No. 149, as said lot and block are shown and delineated upon that certain map entitled. °lkap of J. Harford's Addition to the City of San Luis Obispo. Surveyed by B. F. Hinchliffe, April_ 1876." on file in the office of the County recorder of the County of San Luis Obispo, to which map reference is hereby made. Together with the right of ingresm and egress to and from the same, unto the said party of the second part, its. agents and employees and the right to do and perform all things necessary and convenient to the use of the right hereby granted. Said pipe line shall be laid and constructed along the following described course, to —wit: Beginning at a point in the northerly line of French Street, said point being 30.7..5 feet southwesterly from- the most southeasterly corner of Block No. 149 as.said block is shown upon that certain map entitled, "Map of J. Harford•s Addition to the City of San Luis Obispo. Surveyed by B. F. Hinchliff e, April 1876" on file in the office of the State of California, Iss. County of San Luis Obispo, 1 On this .............. a3.r.d ...................... day of ..................... Jun.e .... ...................................... in th, yonr one thou.s.ind nine hundred and ........................... thixtvon.-.rane. ........................... before me, M. A. FITZGERALD, a Notary Public In and for the said County and State, residing; (horoin, duly commissioned and sworn, personally appeared ............. J-ozeph ...... uiaca .... anic ...... ... ] U c ia - -aU-5 C-a - known to me. to h,' the PVrson R. drqcril,011 ill, :01d "-1101e Millws .... . .... are ................... stli-crihod ro the within instrument nrid ......... they ...... . ........... ackno%,le,1god to nie thnt .......... the,7 .................... executed the same In Witness Whereof, I h.1VV h-•Trllnlrl sot my and and affixed my of ill SMI the day and %-,-:ir in this c.,rtificale first above written. n --) � \'nl:iz-y Viddle in :md lor the (70LI111•.Of Snll T.UiS clK.qjq, Mato of /'.;,1ifornin. County Recorder of said County; then.N. 90 000 E., 311.7 fee-t,. more or less, to a point in the line between lots Two (.2J and .Five (.5)=, as shown on the above described map. Said party of the second part agrees to bury said pipe in a trench at least four f4J feet deep and in such manner as not to interfere with the use of said property by parties of the first part, their successors and assigns,. for farming purposes-, for the construction of buildings and for any and all other purposes not inconsistent with the right hereby granted. If, in the future;. such pipe line, by reason of its particular location, shall interfere with the subdivision of said property, or shall interfere with the improvement or development of said property, or shall interfere with the construction of buildings and improvements on said property, or if parties of the first part, their successors or assigns shall, for any demonstrative reason, desire said pipe line changed and removed from its then location to another portion of said4omperty,. party of the second part, within thirty (.30). days after receiving notice, agrees to remove and change said pipe line to such _ location as may be satisfactory to parties of the first part, their successors or assigns. Said party of the second part agrees to pay any and all damages which may arise or result from the laying, con- structing,. operating, maintaining,. repairing, reconstructing or changing said pipe line.. IN WITNESS VIEREOF,. the :said parties of the first part have hereunto set their hands the day and year first above written. f 'RESOLUTION ITO. 3_ 7 (NEW SERIES) A RMOLUTION ACCEPTING A`DIED. FROR JOSEPH.'. RUSCA'.AND LUCIA RUSCA. ..FE IT RESOLVED by the Council of the City of San Luis Obispo as followes That that certain deed dated June 23rd, 1931, made and executed by Joseph Rusca and.Lucia Rusca and conveying to the City of San Luis Obispo a right of way across the following described property, to —nits Lot No. Five (5) in Block No. 149, as said lot and block are:shown and delineated upon that certain map entitled, "Map of J. Harford's Addition to the City of San Luis Obispo. Surveyed by A. F. Hinehliffe, April 1876" on file in the office of the County Recorder of the County of San Luis Obispo, to which map reference is hereby made, be. and the same is hereby accepted by the City of San Luis Obispo. The City Clerk is hereby authorized and directed to cause said deed to be recorded in the office of the County- Recorder of the County of San Luis Obispo. PASSED AND ADOPTED this 6th day of July, 1.9311 by the following vote: AYES: J.B. Berkemeyer, John_ Chauek` H E Cox, L. F. Singhaimer_ NOES: None ABSENT: L. J. Defosset ay L. F. Sinshei r ATTEST: City clerk. r 0 a N Z a m 3 Z m r D U) D oNm m z -1 0 0 m r D r r D D O > :E r A Z o n x r 1. c C-i O M t7 b x M C) [D c: G .L co C K • , ' 1 � r7 !� ICi Ul • : : : z ,.j r D m �, o C: i G C; :CA iiv .Oki O ul sF� v rn m U) .� ° S° Cc, ° x -a s Cl) ts0 c C-i O M t7 b x M C) [D c: G .L SECU1 .ITY TITLE INSURAI .L.JE COMPANY eecuwrry TITL® 1049 MARSH ST.. P.O. BOX 1143. SAN LUIS OBISPO. CALIFORNIA 99408 • (808) 849.8211 PRELIMINARY REPORT City Plater Dept. 990 Palm Ste San Luis Obispo, CA 93401 Attention: Robert Paul Dated as of Papamber- 34 19-73- at 7:30 A.M. Your No.. Our No. 98574 In response to the above referenced application for a policy of title insurance, SECURITY TITLE INSURANCE COMPANY hereby reports that it is prepared to issue, as of the date hereof, a California Land Title Association Standard Coverage Form Policy of Title Insurance describing the land and the estate. or interest therein hereinafter set forth in Schedule A, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or re- ferred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the pur• pose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Joi�tle1l-ia&r P -116 Rov. 1 -:0 CLTA P;ehrnmary Report Form SCHEDULE A The estate or interest in the land described or referred. to in this schedule covered by this report is: A fee. Title to said estate or interest at the date hereof is vested in: SWE OF CMJFOMA. The land referred to in this report is situated in the State of California, County of San Luis Obispo and is described as follows: PARCEL l: Lot 5 in Block 149 of J. Harford's Addition to the City of San Luis Obispo, in the City of San leis Obispo, according to the map filed May 8, 1876 in Book A at page 123 of Maps. PARCEL 2: That portion of lot 1 in Block 149 of J. Harford'a Addition to the City of San Luis Obispo, in the City of San Lois O'oispo, according to the map filed May 89 1876 in Book A at page 123 of Maps, described as follows: Beginning at the most Southerly corner of said Lot 1; thence North 6 l /g° East along the West line of said lot, 260 feet, more or less, to the Southwest corner of the property conveyed to Joseph Rusea by deed recorded in Book 123 at page 536 of Deeds, records of said County; thence South 81° East along the line of the property so conveyed, 92 feet, more or less, to the Northwest corner of the property conveyed to Emanuel Firpo by deed recorded in Book 144 at page 368 of Official Records, records of said county; thence Southeasterly along the West line of the property so conveyed 125 feet, more or less, to the Southeasterly line of said Lot 1; thence South 48 1/2° West dong said Southeasterly line, 194.56 feat, more or less to.the point of beginning. Except therefrom all minerals, oil, gas,.petroleum, naptha and other hydrocarbon substances in, on or under said real property or recoverable thereon or there- from, however without the right to ever drill dig or mine through the surface of the above—described � �lland, as reserved by Richfield oil Coporation, a corporaticn in deed dated January 12, 1955 and recorded July 18, 1955 in Book 811 at page 207 of Official Records. e P -116 -C (G.S.) CLTA Preliminary deport rorn la's SCHEDULE B .At the date hereof Exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: . 1. An easement to lays constructs operate and maintain a water pipe line across Lot 5s herein describeds together with the right of ingress and egress to and from the same as granted to the City of Sala Isis Obispo, a municipal corporatioag by deed dated June 23, 1931 and recorded in Book 112 at page 416 of Official Records, records of said County. 244� Any rights, interests or easements in favor of the public which exist or are cla+ywad to exist over any part of said land covered or formerly covered by water. 3. Any adverse claim based an the assertion that the San Isis Obispo Creek has moved, i2/ lm eve , P -116 -D (G.S.) CLTA Preliminary Report Form Os _• O P m "THIS PLAT IS INSERTED AS A 61ATTEFI NFORMATION DIMLY, AND WHILE VIE SAME iS C.0 %1 ,11I.E0 FROM INFORMATION W141CH WE BELIEVE TO BE CORRECT. NO UAB!Lln IS ASSUMED BY IH13 ODMPANY AS W ME CORRECTNESS Of SAID 2IiD2MI(Xi." Q) p "" o 4 ~ N v 0a m O a,sl,u s O U < S 338338 N ° Z 5 CL 0a vi oil 0s1 0sl �sl J N O Z tp Ll Q J U1 O o F VI Q g w k j V (n O via ' 'ICU , ro LE-) 1 'L a D O � rR U a!x 9tl 25 tC: I.JTa: n • [ ,(w m1�1 C 6 : ` I I I `L' < P f n; aI n if . q J lry'1 • �`J M` .ico r' �' o�a :I y 1 ca X))) o a •, VL n f i e �01, a a n� u S c �l x ; w v o — o o = J N LJ 0 0 N ro LE-) 1 'L a D O � rR U a!x 9tl 25 tC: I.JTa: n • [ ,(w m1�1 C 6 : ` I I I `L' < P f n; aI n if . q J lry'1 • �`J M` .ico r' �' o�a :I y 1 ca X))) o a •, VL n f i e �01, a a n� u S c c Z x ; v o o = J N LJ 0 0 N V N N ¢ f] ¢ ¢ ' 'Z41 N p 0 F- Z Q V V) da3n!qiH a JOSEPH RUSCA at ux + to THIS LMDEUTURH, made this 23rd day of Jame, 1931, between CITY OF SAN LUIS OBI6P0 + JOSEPH RUSCA and LUCIA RUSCA, his rife, both of Ban Luis . . . . . . . . . . . . . s Obispo, California, the parties of t o first part, and CITY OF SAN LUIS OBISPO, a Municipal corporation of the State of California, party of the second part;WITHESSETH: That the said parties of the first part, in consideration tf the ens of TWO Dollars 010.00) lawful money of the United States of America, to than in hand paid by party of the second part, the receipt whereof is hereby acknowledged, do by these yresentss grant, bargain, sell and convey unto the said party of the second part and to its successors and assigns forever, a right of way to lay, construct, operate, rain °.ain, repair, change and K.A.F. reconstruct one Ten (10) inch pipe line for the transportation o:' water, across, under A.P. and through that certain lot, piece or parcel of land situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, and described as follows, to -Witt Lot ■o. Five (5) in Block go. 149, as said lot and block are shown and do" &tea upon that certain map entitled, 'uap of J. Sarfordts Addition to the City of Sat Luis Obispo. Surveyed by B. F. Hinchliffe, April 16760 on file in the office of the Comty 'f Recorder of the County of San Luis Obispo, to which stay reference is hereby made. Together with the right of ingress and egress to and from the same, Onto the said ? f ¢ Party of the Second part, its agents and employees and the right to do and perform all ; t things necessu7 and covenient to the use of the right hereby grunted. ! 4 Said pipe line shall be laid and constructed along the following described course", to -11"Itt I Begtazing ads point in the northerly line of French Street, said point being •-- E 307.5 feet southwesterly from the most southeasterly corner of Block go. 149 as said block is shown upan that certain map entitled, 'Up of J. Barfordts Addition to the City! 1 , ( of San Luis Obispo. bm.veJed by B. F. Hinchliffe, April 1876' on file in the office of the i 1 r 7 s Oomty Zcordar of said Camtyi the4 F. 90 00! E., 311.7 feet, core o: Point in the liaw�*tseo late ' (2) and Fin (5). as aboma m the above abed a-T. Bald party of the saaond part agrees to bury said pipe in a trench at least four (4) feet deep and in snob meaner u not to interfere with the use of said property by Portion of the first part, their successors and assigns, for farain8 purposes, for the construction of buildings and for any and all other purposes not inconsistent with the I right hereby granted. + If, in the futon*, such pipe line, by reason of its particular locatim, shall ' Iinterfere with the subdivision of saki property, or sh&11 interfere with the improve- pot or development of said property, or shall interfere with the construction cc � buildings and improvements on said property, or if parties of the first part, their ageo*ssors or 98315331 shat, for any demonstrative reason, desire said pipe line changed and removed from its then location to another portion of sald property, party of the ; ascend part, within thirty (30) days after receiving vatic*, agrees to remove and wbang* said pipe iias♦ such location as may be satisfactory to parties of the first ' part, their successors or assigns. i ( Said party of thmreoead part agrees to pee any and all damages which stay arise or result from the laying, constructing, n1orating, repairing, iri pa ng, reeonetraoclag or changing said pipe line. i IN WITNESS WSEFEOF the said parties of the first part have bsreunto Pet their { # hands the day and year irst above written. STATE OF CALIFOE3IA, BB J. Rcsca Lncla Dance 1 COCYT! OF BAN LUIS OBISPO. ) On this 23rd day of Juns in the year one thousand nlje I hundred and thirty -one, before me, N. A. FITZGERALD, a Notary Public In and for said 1 ! County and State, residing therein, duly and commissioned and sworn, personally appeared Joseph Ruse& end Lucia Ruse&, known to as to be the persons described in, and whose names are subscribed to the within instrument and they acknowledged to me that they executed the same. 1 IN WITNESS iEMEOF, I have hereunto set 27 hand and affixed my official seal the day and year in this eptlfleate first above written. SEAL N. A. Fitzgerald Notary Public in and for the County of Ban Luis Obispo, State of California. ABSOLUTION E0. 357 (NEW SMUES) A RFSOLDTION ACCEPTING A DEED FROM JUBEPN 7 1 ROSCA AND LUCIA EDSCA. BE IT RESOLVED by the Council of the City of Sam Luis Obispo as followes That that certain deed dated June 23rd 1931, made and executed by Joseph Ruses hand Lucia Resca and conveying to the City of San Luis Obispo a right of way across the ifollowing described property to -wit- - Lot No, Five (S) in °lock No. 149, as said lot and block are shown and delineated upon that certain map entitled, viap of J. uarford'e Adaition to the City of San Luis Obispo. Surveyed by B. F. Rinchliff*, April 18762 m file In the office of the County Recorder of the County of ban Luis Obispo, to which cap reference is hereby made, tbe, and the same Is hereby accepted by the City of San Luis Oblaoo. Tb-9 City Clerk is hereby authorized and directed to cause said deed to be recorded L^_s ri lam: of the Cotrtp Rstorlar of tta U=7 oa SIA Luis Obispo. PI : --D AND AD0?-.fD this 6th day of July, 1931, try the fol3sain4 votes We J. 3. :arkemeysr, Jebm C:s;,ek, E. E. Cox, L. F..Snihalzsr. L. J. Defc,.x,t- s is I �5 I 2 418 L. P. SLaaheimor � e� NAyor (L. F. Sjusbei2ap) ATrWTI Collis Is. John City Clerk Pj!CORDM AT REWEST OF Bra. Canle I. Jobc JUL 10 -931 at 30 n1r.. past 10 otclo--k A.m. L. FLanAgc County Feccrdor LBAJ;.A-,AW,APAWAFARLPA;;AFAFArAl%k.'.LrAF,AFJ-QAPAFARAFJJLUL Rea AILLRLIAPAFJ,FAWARAWAPAR;JUR 4219 ITEML OWES DEED �I