HomeMy WebLinkAboutD-1090 Easement For Storm Drain 651 Foothill Blvd. Recorded 09/11/1980DOC. NO. 40019
OFFICIAL RECORDS
SAN LUIS OBISPO CO:, CAL
SEP 111980
WILLIAM E. Z.IMARIK
COUNTY RECORDER
TIME qg
.Rec6rding Requested By:
PITY OF SAN LUIS OBISPO
When Recorded Please Return to:
CITY CLERK'S- OFFICE
City of San Luis Obispo
P.O. Box 321 EASEMENT AGREEMENT
San Luis Obispo, CA 93401
416
THIS AGREEMENT made this 3 Q 4�y day of J4 & 1980, by and between
AUGUSTUS L. CASTRO, STANLEY H. NELSON, and WILLIAM A. NELSON (hereinafter referred
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to as "Grantor ") and THE CITY OF SAN LUIS OBISPO (hereinafter referred to as "Grantee ").
RECITALS:
WHEREAS, Grantor is the -owner of that certain real property in the City of San
Luis Obispo, County of San Luis Obispo, State of California, hereinafter referred to
as "Servient Tenement" commonly known as 65.1 Foothill Blvd. in said City and more
particularly described as "2.51 acres of R -3 zoned land and 3.49 acres of R -1 zoned
land, Portion Sec. 27 T30ST12E 6 acres. Assessor's parcel No. 52- 161 -02."
WHEREAS, Grantee desires that Grantor grant and Grantee acquire an easement in
the Servient Tenement for storm drainage purposes, only, described as:
"A strip of,,land 10.00 feet wide whose centerline is described as follows:
beginning at a stake marked "H7 ", said stake being the northeasterly corner
of a tract of land heretofore conveyed by William M. Hersman to William
Clark by deed dated November 7, 1889, and recorded in the Office of the
County Recorder of San Luis Obispo County in Book.11 of Deeds, page 417,
thence South 89030' West along the old southerly property line of Foothill
Blvd.. a distance of 103.50 to a point, thence South 00030' East a distance
of 17.00 feet to the true point of beginning, thence continuing South 00030'
East a distance of 375 feet to its terminus, all situate in the northwest
quarter of the northeast quarter of Section 27, Township 30 South, Range 12
East, Mount Diablo Meridian, in such City."
NOW, THEREFORE, it is agreed:
1. In consideration of the execution of this Agreement, and the promises herein.
made, Grantor hereby grants to Grantee an easement as hereinafter described.
2. The easement granted herein is an easement in gross.
3. The easement granted herein is a right of way to construct, repair, maintain,
and use a storm drain facility for the purpose of providing storm water drainage from
Foothill Blvd. in- said San Luis Obispo.
4. The easement granted herein is located on the "Servient Tenement" as described
in the DESCRIPTION OF EASEMENT LOCATION attached hereto as Attachment #1 and incorporated
herein by reference. Also, said location and the size and description of such storm drain
is shown graphically on the Accompanying Plat Page 3 of 4 of Storm Drain Plan and Profile,
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City of San Luis Obispo No D -02 dated 6/5/79, and drawn by M.D.W., attached hereto as
Attachment #2 and incorporated herein by reference.
5. Grantee shall at all times during the terms of'this Easement have sole
responsibility for and shall perform or cause to be performed all construction, inspec-
tion, repair and maintenance of this Easement, including all improvements hereto, that
are determined in the sole discretion of Grantee, to be needed at any time during the
term hereof to effect the improvements required under this Agreement and to maintain this
Easement, including without limitation all improvements thereto, in good condition and
repair, all of which construction, inspection, repair and maintenance shall be performed
at no cost or expense to Grantor; and Grantor shall not be liable, responsible, or in
any way accountable for any such contruction, inspection, repair or maintenance including
in any way limiting the generality of the foregoing, any liability, responsibility or
accountability for performing or for any failure to perform any such construction,
inspection, repair or maintenance arising out of, relating thereto or connected in any
way therewith.
6: Except for rights granted Grantee hereunder, the easement granted herein
is granted without imposing or contemplating any limitation or restriction on the
particular use or uses to which the Servient Tenement now is, or at any time hereafter
may be put, it being the intention of the parties that the existence of the easement
shall not, at any time, restrict any use or uses that may be made of the Servient
Tenement from time to time.
7. Grantee hereby authorizes Grantor to connect to such drainage system at no
cost or expense to Grantor, and Grantor shall not be liable to Grantee relating to
Grantor's utilization of such drainage system.
8. The easement granted herein shall remain in full force and effect at all
times from and after the date hereof and unless and until terminated by any of the
following events.:
a. In the event of.a voluntary reconveyance in writing by the Grantee.
to the owner of the Servient Tenement.
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b. In the event Grantee shall become in default of.any obligation or
agreement of Grantee hereunder and will not have cured such default within sixty (60)
days after notice of such default has been,given by the owner of the Servient Tenement
to Grantee.
c. In the event use of the easement for the storm drainage purposes
specified herein is abandoned by Grantee.
The effect of any termination of this easement under this paragraph 8 shall
be that this easement shall.immediately thereupon be extinguished and cease to have
any further force or effect whatsoever, and all rights embodied herein shall revert
to and merge in the Servient Tenement with the same effect as if this easement had
never existed.
9. Grantor and Grantee agree that both the benefits and obligations created
by this easement are unique and, in the event of a breach by any party hereto, may,
in addition to any other.remedies available to any other party hereto, be specifically
enforced.
10. This easement and all rights and obligations of Grantor embodied herein shall
be binding upon and shall inure to the benefit of Grantor's successors and assigns.
11. Neither this agreement nor any of Grantee's rights or obligations hereunder
may be transferred in whole or in part, in any way whatsoever, with the sole and only
exception that this easement and the whole of Grantee's right and obligations hereunder
may be transferred to (.provided they are effectively assumed by) any Governmental
subdivision of the State of California succeeding generally to the jurisdiction, rights
and obligations of Grantee with the respect to the storm drainage matters covered by
this easement.
12. No ad valorem property taxes shall be imposed by City upon the owner of the
Servient.Tenement by reason of such or connected in any way with, or arising out of,
the storm drainage system.
13. Grantee agrees that at all times during the term of this easement, Grantee
shall maintain in force policies of general liability and excess liability insurance
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issued by responsible insurers and providing coverage for personal injury, death and
property damage in an amount satisfactory to Grantor-, and attached hereto as No. 3 is
the representation of Grantee as to its insurance programs as of the date of this
Agreement.
14. All notices herein shall be in writing and shall be deemed given if personally
delivered or three (3) days after mailing, by Certified or Registered U. S. :Flail, with
postage prepaid, to the.party to whom the notice is directed at its address listed below,
or at such other name and /or address as the party concerned may designate by giving
ten (10) days written notice by like means to the other party:
Grantee - City of San Luis Obispo
City Hall
P. 0. Box 321
San Luis Obispo, CA 93406
Grantor - Stanley H. Nelson
P. 0. Box 1427
San Luis Obispo, CA
15. This easement shall be governed by the laws of the State of California
as such laws are applied to contracts between California residents entered into and
to be performed entirely within said State.
16. This agreement contains the entire agreement between the parties relating
to the rights herein and the obligations herein assumed. No representations or
modifications concerning this instrument shall be of any force or effect except a
subsequent modification in writing, signed by the party to be charged.
IN WITNESS WHEREOF, Grantor and Grantee have executed this Easement as of
1980.
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14101
AUGUSTS L.
CASTRO
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STANLEY H.
NE SON
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WiLLU21 A. NELSON
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VOL 226OPAGE'186
STATE OF CALIFORNIA
COUNTY OF _ _SAU_LUjS__CBBP_p_
On -------- JULY_ Ja__j9_W - - --
E
before me, ____1A 1E_A,_tJ[MMER_____
___, a Notary Public
STANLEY H. NELSON
in and for said County and State, personally appeared _________ - -___ --
----------------------------------------------
------------------------- AND WILLIAM A. NELSON
- -----------------------------------------------------------------------------------
-------------------------------------------------- - - - - -- --------------------------------------------------------
known to me to be the person-§_ whose name S__ --------- A- subscribed to the
within instrument and acknowledged that ____T _HE_Y
Official Seed
LAURIE A. HAMMER.
NOTARY PUBLIC - CALIFORNIA
I^ SAN LUIS OBISPO COUNTY
.y
My Commission Expires
MAY 17, 1983
O�Ae90000��m
OFFICIAL SEAL
SHIRLEY A. SOARES
r NOTARY PUBLIC — CALIFORNIA
San Francisco Cot #nty
My. Commission Expires May 1, 1984
CowdeWs Form No. 32— .leknoeledemcnt— CeneraL
•(G C. See. 11402)
_ executed the same.
'ITNESS my hand and official seal.
a .Z ",,, -
------ y - Notary Public in and for said County and State.
My commission expires __________________ ____
STATE OF CALIFORNIA,
sr.
Cltyand Cowrfy o f Sari FraI1C1SC'0
On this 30th day of J>1Y -in the year one tlsousard nine
hundred and eiclhty before in SHIRLEY A. SOARFS
a Notary Public. State of California, duly rominissioned and morn, Personalty appeared
AUGUSTUS L. CASTIRO
known to me to be the person —whose Warne 1S +ubscribcd to the willin irsrtrumeri
and acknowledged to me that---hee executed the sane.
IN WITNESS WHEREOF 1 fume hereunto set Fry F.and and ajaed my o,66'41 mot
in the, City and — County of Sari 'FMCISCO_ the day and yrer in the
tertijFeate first above written.
Notary ?6blir, State oi Calif orriz-
my Commission Expir-
von 2268PAGE 1857
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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 Easement Agreement
dated July 30th 1980, from Augustus L..Castro,
Stanley H. Nelson and William A. Nelson
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: September 5, 1980
CITY 4Cooper/Mayor
PO
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ATTEST:
J. tz atrick,'City"Clerk
OF DOCUMENT vQi 2268Pa�E 190
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dllill! I Illlf I�I��� I �I�Illlt 1111 I�
Ci san OBISPO
�IO/ CITY CLERK /TREASURER
Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000
September 29, 1980
Mr. Stanley H..Nelson
968 Monterey Street
San Luis Obispo, CA 93401
Dear Mr. Nelson:
Attached for your infromation and files is a copy of the
recorded agreement between A.L. Castro, William H. Nelson
and Stanley H. Nelson and the City of San Luis Obispo.
Said easement was for storm drainage purposes. Again,,
thank you for your cooperation in this matter.
Sincerely,,
i
J.H. Fitzpatrick.
City Clerk
JHF:pls
Attachment