HomeMy WebLinkAboutD-1085 Stenner Canyon Property Easement Recorded 04/29/1980RECORDING REQUESTED, U.—
AND WNCN RIECORDIED MAIL TO -
j F
Name City Clerk's Office
str"} City of San Luis Obispo
Adfe" 990 Palm Street
city& San Luis Obispo, CA 93401
State I
L MAIL TAX STATEMENTS TO J
Name
Street
Address
City a
state
City Clerk's Office
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
TO 1924 CA (6•.76) 127676 —LP
`F 6602
Exhibit Y
DOC.. NO. 117714 `
OFFICIAL RECORDS
-SAN LUIS OBI,SPO CO., GAL
APR 2 91980
WILLIAM E. ZIMARIK
.COUNTY RECORDER
TIME QO
" ® 10 Af
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Partnership Quitclaim Deed
THIS FORM FURNISHED BY TICOR TITLE INSURERS
The undersigned grantor (s) declare (s)
Documentary transfer tax is $
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: ( ) City of , and
A. P. N
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
STENNER ASSOCIATES, A PARTNERSHIP
a CALIFORNIA partnership organized under the laws of the state of
hereby REMISES, RELEASES AND QUITCLAIMS to
.CITY OF SAN LUIS OBISPO
the following described real property in the
County of SAN LUIS 0 B I S PO , State of California:
ATTACHED HERETO AS EXHIBIT "A"
THIS DEED IS GIVEN FOR THE PURPOSE OF RELEASING AND ABANDONING TO
THE - GRANTEE HEREIN THE RIGHT OF WAY RESERVED IN THE DEED FROM MANUEL
SERRANO TO SAN LUIS WATER CO., RECORDED IN BOOK 4, PAGE 63 OF DEEDS
OF SAID COUNTY,.BUT ONLY INSOFAR AS THE REAL PROPERTY HEREINBEFORE_
DESCRIBED IS CONCERNED.
D. •:+
STATE OF CALIFORNIA
)}
COUNTY OF San Tm i G (phi G np SS.
On JADri_1_ 1 F 1 Qf2!1 ` before me, the under-
signed, a Notary Public in and for said State, personally appeared
Kenneth L. Glick and
Edison A. French, M.D., OTida M
C'1 i nk � and Frances A Pr_ench
known to me to be Ctklr' of the partners of the
partnership that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my hand and official seal."
Signature -
Bever B. James
SMIN +l t lJ IF -1101%
ff
NOTARY "VOLIC
SAN Lillz ,OmSPO CGO,ifiY
` `•y? 'CALIF02NIA
My Commission Expires April 9, 1982
(This area for official notarial seal)
Partr&r
:rr
irtner
i
i
Title Order No._ Escrow or Loan No. -
MAIL -TAX STATEMENTS AS DIRECTED ABOVE VOL 223TAGE 484
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EXHIBIT "A"
ALL THAT TRACT OF LAND LYING AND BEING SITUATE IN THE COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND BEING PART AND PARCEL
OF LOT NUMBER NINE AS THE SAME APPEARS DELINEATED ON A CERTAIN MAP
ENTITLED "MAP OF THE PARTITION OF A PART OF THE RANCHO POTRERO
DE SAN LUIS OBISPO, MADE BY R R. HARRIS, SEPTEMBER 1887," SAID MAP
BEING A PART OF THE RECORD IN THE PARTITION CASE,- ENTITLED "MANUEL
SERRANO, ET AL., AGAINST HIPOLITO SERRANO, ET AL.," WHICH SAID TRACT
HEREBY GRANTED IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT
NINE;
THENCE NORTH
THENCE SOUTH
THENCE SOUTH
THENCE NORTH
THENCE SOUTH
THENCE SOUTH
THENCE NORTH
THENCE NORTH
BEGINNING.
STAKE S.45 OF SAID HARRIS' SURVEY AND MAP OF SAID LOT
830 35' EAST
540 53' EAST
140 32' EAST
830 03' WEST
440 10' WEST
790 25' WEST
270 EAST 462
570 45' EAST
895 FEET
225 FEET
13.3 FEET
269 FEET
558 FEET
1226 FEE'
FEET;
631 FEET
TO
TO
TO
TO
TO
T Ti
TO
STAKE M 5;
STAKE M 6;
STAKE M 1;
STAKE M 2;
STAKE M 3;.
STAKE M 4;
STAKE S 45 AND POINT OF
EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THE DEED
TO MARIA ALBERTI, RECORDED JANUARY 5, 1951 IN BOOK 592, PAGE 434
OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
RESERVING THEREFROM AN EASEMENT FOR INGRESS, EGRESS AND INCIDENTAL.
PURPOSES OVER THAT PORTION OF SAID LAND INCLUDED WITHIN A STRIP OF
LAND 40 FEET WIDE, LYING 20 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 9, NOTED AS CORNER
S -49
THENCE NORTH 690 45' 00" WEST, 44.53 FEET
SAID LOT 9 TO THE TRUE POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE OF SAID LOT
320.92 FEET;
THENCE SOUTH 420
THENCE SOUTH 660
THENCE NORTH 890
THENCE NORTH 780
THENCE NORTH 580
THENCE NORTH 750
THENCE SOUTH 480
THENCE NORTH 780
THENCE SOUTH 650
11 34"
4 9' 16'1
38' 45"
15' 52"
37' 40"
16' 00"
27' 00"
06' 22"
44' 32"
WEST,
WEST,
WEST,
WEST,
WEST,
WEST,
WEST,
WEST,
WEST,
79.3.64
1.11.72
138.92
334..34
243.33
223.67
140.24
284.52
291.75
ALONG THE. NORTH LINE OF
9 SOUTH 390 01' 04" WEST,
FEET;
FEET;
FEET;
FEET;
FEET;
FEET;
FEET;
FEET;
FEET TO
LOT CORNER S -45.
SAID EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO THE LAND
DESCRIBED AS PARCELS 1, 2, 3 AND 4 OF THE DEED RECORDED APRIL 4,
1972 IN BOOK 1662, PAGE 5 OF OFFICIAL RECORDS; PARCELA .OF THE DEED
RECORDED APRIL 4, 1972 IN BOOK 1662, PAGE 11 OF OFFICIAL RECORDS,
AND PARCELS It 2 AND 3 OF THE DEED RECORDED APRIL 4, 1972 IN BOOK
1662, PAGE 13 OF OFFICIAL RECORDS AND ANY DIVISIONS THEREOF.
(END OF DESCRIPTION) VOL 2237PACE485
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2237, � E 486
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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 Partnership Quitclaim Deed
dated April 16, 1980, from Stenner Associates. a
rtnershi
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 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: April 17, 1980
ATTEST:
itzpatrick, City Clerk
CITY OF SAN LUIS OBISPO
By
Mayor P -Tem Ronald Dunin
VOL 2237PaGE 487
March 28, 1980
MEMORANDUM
City
Of S'An
tUIS
OBISPO
PUBLIC SERVICES DEPARTMENT
Post Office Box 321 — San Luis Obispo, CA 93406 —
805/541 -1000
TO Lee Walton
FROM Dave Romero =,or
SUBJECT Request-from_ Central Coast Land Company for Clarification of the
Road Access to the Old Water Treatment Plant - Stenner Canyon
Ken Glick of Central Coast.. Land Company has submitted the attached letter and
documents requesting City action to clarify and make more specific, the road
access adjacent to the old Water Treatment Plant in Stenner Canyon. The result
of these documents will be City deed of a specific access along the current road
alignment and the City receipt of a deed quit claiming the general access right -
of -way across the property. The final result would be a road easement following
along the alignment of the existing road.
RECOMMENDATION:
It is my recommendation that the Council adopt the attached resolution authorizing
the staff.to proceed with the recording of the documents submitted.
DFR:yh
Attachment
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FA
C°�° 3
KENNETH L. GLICK
Real Estate Broker
SPECIALIZING IN RANCH SALES
1315 SANTA ROSA STREET • .PHONE (805) 544 -3282 a SAN LUIS OBISPO, CALIFORNIA 93401
11 February 1980
Mr. Dave Romero,
Director of Public Works
City of San Luis Obispo
P.O. Box 3,21
San Luis Obispo, Ca. 93406
Dear Mr. Romero:
Stenner Associates, a partnership.owns property in Stenner Canyon
that surrounds the San Luis Obispo water works property.
The county road from Hiway 1 ends at survey point S -45 (attached
map). The private road which is the extension of the County
road serves the city property, Cal Poly, Kirschner property,
American Telephone and Telagraph, and others.
In researching the records as to the right -of -ways on the existing
extension of the county road which ends near the city property,
Stenner Associates, as successor to the Alberti family, has'an
easement for "roadway purposes" across city property in Stenner
Canyon (Decree on Declaration,_of Taking,, #2408_ Civil 326/750R).-
Although the. road contemplated-in-that decree has been d`sed by
the Albertis', Stenner Associates, Cal Poly and others since 1942,
.,the exact location of the road was not determined until recently,
`(Record of Surveys book 37, page 27).
Stenner Associates respectfully requests the City to locate the
> easement along the path of the existing road. In that regard,
enclosed please find,a proposed _grant deed for the easement.
It should be noted that Stenner Associates, as successor to Manual
Serrano, also holds a right of way over other portions of city
property in Stenner Coon (Serrano.to San Luis Water Co., book 4,
page 63 of deeds, parcel A R.O.S. 37/27).
In conjunction with the city agreeing to the location of the Stenner
Associates roadway easement, Stenner Associates would be willing to
quitclaim this right__of way to.thec city- In that regard, enclosed
please flnd a proposed quitclaim deed. Execution of these deeds
would formally establish what was intended in 1942,.and eliminate
what might become a nuisance to both Stenner Associates and the
City at some time in the future.
Sincerely,
Kenneth L. Glick
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RESOLUTION NO. 4145 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO (1) AUTHORIZING THE ACCEPTANCE OF A QUITCLAIM
DEED AND (2) AUTHORIZING A GRANT OF EASEMENT, TO
RELOCATE AN EASEMENT ACROSS CITY PROPERTY IN STENNER
CANYON
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby authorizes the Mayor to accept the quitclaim
deed, a copy of which is attached hereto, marked Exhibit. Y, consisting of three pages.
SECTION 2. This Council hereby authorizes the Mayor to execute the grant deed,
a copy of which is attached hereto, marked Exhibit Z, consisting of three pages.
On motion of Councilman Bond seconded by _Councilwoman Billig
and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin and Munger
NOES: None
ABSENT: Mayor Lynn R. Cooper
the foregoing resolution was passed and adopted this 15th day of April 1980.
ATTEST:
CI RK J.H. FITZPATRICK
Approved:
City Administrative, Officer
City Attorney
Director of Public Services
MAYOR PR TEM RONALD DUNIN
R 4145
RESOLUTION NO. 4145 (1980 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO (1) AUTHORIZING THE ACCEPTANCE OF A QUITCLAIM
DEED AND (2) AUTHORIZING A GRANT OF EASEMENT, TO
RELOCATE AN EASEMENT ACROSS CITY PROPERTY IN STENNER
CANYON
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby authorizes the Mayor to accept the quitclaim
deed, a copy of which.is attached hereto, marked Exhibit Y, consisting of three pages.
SECTION 2. This Council hereby authorizes the Mayor to execute the grant deed,
a copy of which is attached hereto, marked Exhibit Z, consisting of three pages.
On motion of Councilman Bond , seconded by Councilwoman Billig
and on the following roll call vote:
AYES: Councilmembers Bond, Billig, Dunin and Munger
NOES: None
ABSENT: Mayor Lynn R. Cooper
the foregoing Resolution was passed and adopted this 15th day of April 1980.
ATTEST:
CIT J.H. FITZPATRICK
Approved:
City Administrative Officer
6
City Attorney
Director of Public Services
MAYOR PR TEM RONALD DUNIN
R 4145