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Home My WebLink AboutD-1092 Ms 77-357 Drain Easement Recorded 11/04/1980RECORDING REQUESTED BY CITY -_OP SAN LUIS OBISPO -10 AND WHEN RECORDED MAIL TO Naas CBS CL RWS OFFICE Str o City of San Luis -Obispo Address P.O. Box 321 - City a Son Luis Obispo, CA 93401 State, MAIL TAX STATEMENTS TO F Nawra show Address City a State, L ❑ UNINCORPORATED ❑ CITY OF 7 -A- — f; RI - ,{218 OFFICIAL. RECORDS- SAN LUIS OBISPO CO., CAL N O V 4 1980 WILLIAM E. ZIMARIK COUNTY RECORDER TIME ;00 PM SPACE` ABOVE THIS- LINE, FOR: RECORDER'S USE Documentary transfer tax $___,—__17 _________ ❑ computed on full value of property conveyed, ❑ or computed on full value- less liens and en- cumbrances remaining at time of sale. -Signature: of Declarant or Agent determining tax. Firm. Name Grant Deed L THIS FORM FURNISHED BY THE CUESTA TITLE GUARANTY COMPANY' FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Burt W. Polin and :frank Truchan hereby GRANT(S) to City of San Luis Obispo the following described real property in the County of San Luis Obispo , State of- California: (APN 52- 174 -46) (APN 52- 174 -47) Parcel. 1. An easement to maintain, repair, replace, enlarge and remove a public storm drain and appurtenances in and across the Easterly 10.00 feet'of Parcel B and Parcel.0 of Minor Subdivision SLO -77 -357 as recorded in book 28 of Parcel Maps at page 57 in the office of the Recorder of the County of San Luis Obispo, State of California Parcel 2. A temporary easement for the purpose of constructing said storm drain and appurtenances over the Easterly 25.00 feet of said Parcels B and C of said Minor Subdivision SLO -77 -357. Dated October 28, 1980 STATE OF CALIF6RNIA ; O COUNTjC� OF SS. On [� -� �� %g =�9 before me, the under- signed a Not Public and fo said State,' persona y appeared known to me to be the person.` —whose name=2 subscribed to the within instrument and acknowledged the, executed the same. WITNESS my hand and official seal. Signaturtl� &n Name (Typed or Printed) II11111111111111I1IIIII IIII I I I I VIII I IIIIIIIIIII II tIIIII I III II II I I I0111111111I IIII I III OFFICi SEAL, ....................... 11 11 LiLL r� , t.t .S v.. .,:1.: /ELL __.c, •_._...L'%J . ycUNTY L ;:-.:ai:c:; �Awwkinl � : • �: , »:r ,ti ._ ;::; »r ;», u»eurrrrrurarxrti ----- Title Order No. Facrow or Loan No (This alea tor'oMciai notarial seal) CT 1 1 S' e l MAIL TAX STATEMENTS AS DIRECTED ABOVE $.] tG V�� voi 1 ��,1 F- C [ AA ® Cl) AA October 15, 1980 MEMORANDUM 0 C ING AGENDA �� UE ors Zg '� -ITEM # # city of sAn tuis oBispo PUBLIC SERVICES DEPARTMENT Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 TO Lee Walton FROM Dave Romero SUBJECT_— 'Agreement with Truchan and Polin For several months, Burt Polin and I have been negotiating the attached agree- ment which specifies conditions regarding drainage improvements and building demolition on- property at 975 Foothill Blvd. You will recall that the City has long experienced flooding problems in the Meinecke and Foothill area and had prepared a master plan for these improvements which would pick up drainage waters from Chorro and Foothill and University Square, and eventually discharge them into Stenner Creek, east of Santa Rosa Street. The storm drainage line is master planned to traverse the Polin property. Last year, as a condition of subdivision and development, Mr. Polin was required to participate in the cost of this drainage improvement. This agreement reflects both drainage purposes. In addition, at the insistence of the Building Division, Mr. Polin has been re- moving older non - standard buildings on the property prior to development, which is expected to commence this spring. The agreement covers conditions for this building removal. Lastly, the agreement provides for the City to install the storm drainage improvements across the 975 Foothill Blvd. property at an early date so as to avoid interference with the development of the property. We have proposed to contract for this work during this winter and blank off both ends of the storm drainage line in order to allow development of the property. Next summer we would complete the installation to Stenner Creek and have a functioning storm drainage line prior to next winter's rain. RECOMMENDATION: It is my recommendation that the Council approve the agreement as submitted. DFR:yh Attachment elb-I • 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 'Grant Deed dated October 28, , 1980, from Frank Truchan and Burt W. Polin 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: October 28, 1980 ATTEST: J. itzpatrick, City Clerk CITY OFA4 LUIS OBISPO R. Cooper, Moor END OF DOCUMEW VOL 2282PAGE 527 von 2282PAGE 526 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name Street Address City 8 State I MAIL TAR STATUAINTS TO Name Street AdJrau City 6 State L ❑ UNINCORPORATED ❑ ary OF 0 J SPACE ABOVE THIS LINE FOR RECORDER'S USE —1 Documentary transfer tax $_ ^_______________ ❑ computed on full value of property conveyed, ❑ or computed on full value less liens and en- cumbrances remaining at time of sale. Signature of Declarant or Agent determining tax. Firm Name I Grant Deed L THIS FORM FURNISHED BY'THE CUESTA TITLE GUARANTY COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Burt W. Polin and Frank Truchan hereby GRANT(S) to City of San Luis Obispo the following described real property in the County of San Luis Obispo , State of California: (APN 52- 174 -46) (APN 52- 174 -47) Parcel 1. An easement to maintain, repair, replace, enlarge and remove a public storm drain and appurtenances in and across the Easterly 10.00 feet of, Parcel B and Parcel C of Minor Subdivision SLO -77 -357 as recorded in book 28 of Parcel Maps at page 57 in the.office of the Recorder of the County of San Luis Obispo, State of California Parcel 2. ' A temporary easement for the purpose of constructing said storm drain and appurtenances over the Easterly 25.00 feet of said Parcels B' and C of said Minor Subdivision SLO -77 -357. Dated STATE OF CALIFORNIA Q SS. COUNT-Y�OFIn< r?'16C On (�� A5-- ��o before me, the under- signed a Not Public in and fob said State, persona] y appeared � J known to me 1111 11111111'•' 71: IIIIlIIIIIIIIIIIIIIIIIIIIIItI ;IIIII!III!!II:IIII!111III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III to be the person whose nam � subscribed to the within = l I� ,0_71„I _ ^ r. - 1';ti ""LL instrument and `' - acknowledged the executed the same. ;;-,, _:: =;.'� C.;•;;C:1NIA WITNESS my hand and official seal. 4 Signatur a e�tt LL Name (Typed or Printed) (This area for oRlctal notamal a I) LTitle Order No. crow or Loan No. I LI IIts MAIL TAX STATEMENTS AS DIRECTED ABOVE a`0 -7 e AIORT14 /'' ; Go" ti 0 �o t 0 0 o� s FOOTHILL BLVD. S 89':56; 58 "E 253. l6 5 82)' /7 09 "W STORM GRAIN EASEMENT 253.14 rn F 0 m r C POL 1 N — TRUC14AN fa O CITY �' / Y2- 1 1 1 I PARCEL A 1 PARCEL 9 I i 1. I I I /0 MAINTENANCE I EASEMENT PARCEL C I 25� TEMPORARY CON5TRUCTION -' EASEPIEtI`i I i 5 82)' /7 09 "W STORM GRAIN EASEMENT 253.14 rn F 0 m r C POL 1 N — TRUC14AN fa O CITY �' / Y2- z • AGREEMENT • This AGREEMENT made and entered into this 1st day of- November 1980, by and between FRANK TRUCHAN and BURT W. POLIN (hereinafter called "Grantor "), and the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter called "City "). WITNESSETH: In consideration of the mutual benefits, promises and agreements set forth herein, the parties agree as follows: 1. Grantor conveys to the City, a drainage easement along the easterly boundary of parcels at-975 Foothill Blvd. and .east of Rougeot Place. Said ease- ment is more specifically shown and described on Exhibit "A ", attached. 2. Grantor agrees to pay the City the sum of $2,980.00 as Grantor's full proportionate share of the cost of drainage facilities proposed to be in- stalled between Foothill Blvd. and Stenner Creek. Funds are payable prior to start of construction of drainage improvements on either parcel and within 30 days of City billing. 3. Grantor agrees to remove shed buildings now overlying the drainage easement at 975 Foothill Blvd. within 30 days of City request to proceed. 4. City agrees to install and perpetually maintain drainage facilities between Foothill Blvd. and Stenner.Creek. Said installation is anticipated to be constructed during the summer of 1981, however, City agrees that it will phase the work as necessary so as to complete the installation at 975 Foothill Blvd. prior to start of development construction at that address, provided that development construction does not commence prior to March 1, 1981. 5. During construction operations, City agrees to preserve the redwood tree on the 975 Foothill Blvd. property,. to preserve or restore the sewer facili- ties traversing the Rougeot property and to restore all land and improvements disturbed by storm drainage construction operations as nearly as practical to original conditions. 0 -2- • 6. City agrees that Grantor's tenants may use for sleeping quarters only, a small building at the rear of 975, Foothill. Blvd. while tenants act as care- takers during building demolition operations. 'Occupancy is limited to a maximum of 180 days from the date of this agreement (210 days if front houses are to be demolished) or the start of construction for development on the site, whichever occurs first, unless City agrees to extend this time. a. Grantor agrees that small building to be used by caretakers .shall within 20 days of the date of this agreement be modified to include within its roof coverage a toilet, wash basin and shower or tub. b. Grantor agrees that caretakers will diligently pursue demolition of the garage, and shed building and to complete this work within 180 days of the date of this agreement. If the two front houses are also demolished, these build- ings and the small caretakers building will be demolished or removed within 210 days of the date of this agreement. 7. City agrees that Grantor or his.assigns. may make local drainage connec- tions to the facilities to be installed by the City. Connection points may be at the choosing of the Grantor or his assigns, however, construction shall be made to City standards and under City inspection. IN WITNESSETH WHEREOF, the parties hereto have executed this agreement on the day and year first above written. FRANK TRUCHAN (Prin(Hpal) BURT W. POLIN (Principal) XJ, Z -3- CITY Zpal AN LUIS OBISPO a mu corporation. . COOPER ATTEST: CITY J.H. ITZPATRICK APPROVED: City Administratite#*'(Yfficer i City Attorney Public Services Director RESOLUTION NO. 4305 (1980 Series) A RESOLUTION -OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY, FRANK TRUCHAN AND BURT W. POLIN:FOR DRAINAGE EASE - MENT ALONG THE EASTERLY BOUNDARY OF PARCELS AT 975 FOOTHILL BOULEVARD AND EAST OF ROUGEOT PLACE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto and marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo, Frank Truchan, and Burt W. Polin for a drainage easement along the easterly boundary of parcels at 975 Foothill Boulevard and east of Rougeot Place, is hereby approved and the Mayor.is authorized 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: Frank Truchan, Burt W. Polin, And the Director of Public Services. On motion of Councilman Bond seconded by Councilman Munger , and on the following roll call vote: AYES: Councilmembers Bond, Munger, Billig, Dunin and Mayor Cooper NOES: None ABSENT: None the foregoing resolution was passed and adopted this 28th day of October , 1980: ATTEST: s/JR FITZPATRICK City Clerk J.H. Fitzpatrick SUNN P. ^£DOPER Mayor Lynn R. Cooper * * * * * * * * * * R 4305 Resolution No. 4305 -2- (1980 Series) - APPROVED: Ge (rity Administrative CIVXII e r City Attorney Director of Public"Servides