HomeMy WebLinkAboutD-1017 Creek Easement Recorded 06/29/19781
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STATE OF CALIFORNIA
COUNTY OF San Luis Obispo —f S51
On f k before me, the undersigned, a Notary Public in and for
said State, personally appeared EdiSOn A. French & Frances A. French
known to me to be the person S_ whose name S
subscribed to the within instrument and acknowledged to me
I
that_ they executed the same.;
WITNESS my hand official seal.
Signature !
Beyetly V James
Name (Typed or Printed)
1017
JVOL 2082 PACE 172
"' -(This area for official notarial seal)
BEVERLY B. JAMES
R
ES0jA;si Qy�$i)�
I - 15
SAg il;i-73Y
My Corrmi
=-lion Expires April,
JVOL 2082 PACE 172
"' -(This area for official notarial seal)
Recording Requested-,By: 01835 -299 EQODUO.000ARECR
CI7 OF tAN LUIS OBISPO i
"Whwn ";'Recorded, please return to:
_,
=cam CLERKS OFFICE OOC. NO. 3 2 6
City of San Luis Obispo OFFICIAL
P.O. Box 321 3AN LUIS OBISPO CO., CAL
San Luia Obispo, CA $3401 co i�a A91978
` WILLIAM E. ZIMARIK
COUNTY RECORDER
DEED OF EASEMENT nME 1 U : 40 AM
EDISON A. AND FRANCES FRENCH as Grantors, hereby grant to the CITY OF
SAN LUIS OBISPO, a chartered municipal corporation, as Grantee, the follow-
ing easement in the City of San Luis Obispo, County of San Luis Obispo,
State of California, to wit:
A permanent easement to maintain, repair, improve and enlarge the
creek channel on that,portion of Parcel 4 as recorded in Vol. 1510,
Page 403 of Deeds ly,i�n'g between the following described line and
the center of San Luis Creek as it existed in 1883.
Beginning at the intersection of the Southerly line of Marsh Street
and Westerly Fine of Toro Street thence Southwesterly along the
Southerly line of Marsh Street a distance of 95.04 feet to a point,
thence Southeasterly at right angle to Marsh Street a distance of
38.00 feet to the true P.O.B., thence Northeasterly parallel to
Marsh Street, a distance of 45.00 feet to a point, thence Easterly
to a point on the Westerly line of Toro Street, said point being
64.00 feet from -the intersection of the Southerly line of Marsh
Street and Westerly line of Toro Street.
In witness whereof, Grantor has hereunto caused his name to be subscribed
this 1 day of J J �� 1978.
Edison A. Fr6n'cfi
Frances French
LV0L2082 PAGE 171
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LVOL2082 PACE i73
a
C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed
by the Deed of Easement dated March 28
1978 , from Edison A. French and Frances A. French
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undetsigned officer on behalf of the
City Council pursuant to authority conferred by Resolution
No. 549 (1959 Series), recorded May 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: June 27, 1978
By
ATTEST:
OF SAN LUIS OBISPO
END OF DOCUMENT LVOL2082 PAGE 174
EXHIBIT "A"
AGREEMENT AFFECTING REAL PROPERTY
THIS AGREEMENT, dated June 28 1978, for the convenience
of the parties hereto, is between THE CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called "City ", and EDISON A. FRENCH AND FRANCES
A. FRENCH, the fee owners and developers of the real property described
herein, and each of them, hereinafter collectively called "Developer ".
WITNESSETH:
In consideration of the mutual benefits, promises and agreements set
forth herein, the parties agree as follows:
1. The City agrees to contract for the installation of, and assist
in funding the following described water system improvements in accordance with
Municipal Code Section 7410.9 Subsection (1), relating to main extensions
to new customers other than subdivisions, and City Council Resolution No.
2435, adopted on March 9, 1973, which resolution is made a part of this
agreement as though specifically set forth herein.
2. Project Description: (Refer to Exhibit "B" attached)
A. Construct approximately 670 feet of 8 inch diamter water
line in Pacific'Street from Santa Rosa to Toro and approximately
370' of 10" water main in Toro Street from Pacific to Marsh with
fire hydrant and other appurtenances.
B. Developer's Portion. Of the above project, 320 feet of
the 8 inch diameter water line in Pacific Street extending fr on
Santa Rosa to the development together with the fire hydrant and
related facilities shall be the responsibility of, and shall be financed
by the Developer as provided below.
C. City's Portion. The balance of the construction shall
be financed by the City using 2nd Quarter 120,000 Quarterly" funds
and "Pre -42" funds, as needed and available. Acceptance by the
Developer of said City funding assista.nce shall be in'lieu of proceeding
under Subsections (2).and (3) of above referenced Code Section
7410.9. However City.shall waive collection of front footage charges
which otherwise might have been assessed against Developers - :.property
per Resolution No..3556 for frontage along waterline installed by
this project.
3. Said water system improvements have been requested by Developer
to provide necessary water services for proposed development of Parcel A
of Parcel Map SLO -77 -404 generally described as located on Pacific Street .
west of Toro Street, San Luis Obispo, California, and more particularly
described by Exhibit "A ",.attached hereto, and incorporated herein by
reference.
4. Developer agrees to have plans and specifications prepared for
performing the work to City standards and City agrees to advertise for bids,
and award and administer the contract and inspect the work in accordance
with the provisions of Section 24 of the City Charter, and relevant Sections
of the City Code.
5. Developer agrees to pay the following amounts for the cost of
said improvements:
A. At the time of signing this agreement, a deposit in the sum
of $4.,230 which is 10% of the estimated total cost of construction.
B. Prior to the commencement of the work and immediately
following the opening of bids, such additional amount as is necessary to
pay for his portion of the improvements described in Paragraph 2 -B above,
in full, to be computed as follows: The.successful bidder's contract price
Page 2
s •
for those items comprising Developer's portion, plus prorated
''City engineering, inspection and administrative costs, less
the initial deposit.
6. The cost - of: al l change orders to be 'paid wlth.i n :tent ,(1:0) days
after receiving notification thereof from the City. It is understood that
if Developer's balance is not paid to:the City within twenty (20) days after
notification'of the determination of the cost of said work, no improvements
will be made and the 109 deposit will be forfeited and.retained by the City.
7. For planning purposes, the City estimates that the water system
improvement will be completed.within ten (10) weeks after the contract is
awarded, and City agrees to use due diligence in seeking timely contract
performance. However, the parties recognize that City cannot guarantee
timely performance, and Developer agrees that City shall not be responsible.
8. All facilities installed under this Agreement shall, upon final
acceptance by the City and the expiration of all Lien periods, become the-
property of the City for complete control, operation and maintenance.
9. Developer agrees that he will not seek a certificate of occupancy,
and he will not permit others to occupy, the project to be constructed by
him upon the real property referred to herein prior to the completion of the
water system improvements described above..
10. This Agreement.shall be binding upon, and shall inure to the
benefit of, the heirs, assigns, and all other successors in interest of the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day and year first above written.
DEVELOPER:
EDISON A. FRENCH
Paae 3
ATTEST:
y C .H. Fitzpatrick
Approved as to form:
WENDT, MITCHELL, SINSHEI ER,
de la MOTTE & LILLEY S
City Attorney
(�Z'7 �� a.
FRANCES A. FRENCH
OF SAN LUIS OBISPO,
nicipal Corporation_
ayor Kenneth E. Schwar
Approved as to content:
1 5�� �- -1 - -'
City Administrative fficer
Director of Public Services
Utilities ine /Superintendent
Direc or nance.
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RESOLUTION NO. 3596 (1978 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
EDISON A FRENCH AND FRANCES A. FRENCH FOR CONSTRUCTION
OF A WATERLINE FOR PARCEL A OF PARCEL MAP SLO -77 -404
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit
"A" and incorporated herein by reference, between the City of San Luis Obispo
and ED.ISON A. FRENCH and FRANCES A. FRENCH for construction of a waterline
for Parcel. A of Parcel Map SLO -77 -404 under the Quarterly Program, is hereby
approved and the Mayor is.author.ized.to execute the.same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: the property owners,
the City Engineer,, the Director of Public Services and the Director of Finance.
On motion of Councilman Sett , seconded by Mayor Schwa ,
and on the following roll call vote:
AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 26th day of June ,
1978.
s% KENINETH E. SCliii ARTZ
Mayor Kenneth E. Schwartz
ATTEST:
s7 I H. FITZP,4TRICK
City Clerk J.H. "Fitzpatrick
R 3596
Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILLEY
City Attorney
By
•
Approved as to content:
City Administrative Officer
Directo ub is Services
nance