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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 .00-It s00C/ 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, lJ i 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. -2- von 2268PIGE'.84 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 -3 VOL 2268PAGE x 85 9 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. :IM 14101 AUGUSTS L. CASTRO VV I . STANLEY H. NE SON l.�/lC aiyyl /� fZ�i�i D7;! WiLLU21 A. NELSON -4- gg 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 ATTEST: -5 VOL 226SPAGE 188 0 . 0 VOL No. 1. �I 9 I-" OD 0 W o 2 FERRINI RD. V O AGE 09 l 1 U) �"'... z o 4% = U) z G) D m M zoo M c O z > (D rTj O C" K 0i M cn Z ---1) O 0 . 0 VOL No. 1. �I 9 I-" OD 0 W o 2 FERRINI RD. V O AGE 09 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 Lyn ATTEST: J. tz atrick,'City"Clerk OF DOCUMENT vQi 2268Pa�E 190 ate r 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