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Home My WebLink AboutD-1106 21 Santa Rosa Street Storm Drain Access Recorded 03/09/1981RECORDING REQUESTED BY C:Lty of; San Luis Obispo AND WHEN RECORDED MAIL TO F J.H. Fitzpatrick, City Clerk Nam. City of .San Luis Obispo Street Addrou Post Office Box 321 City a 990 Palm Street srote L San Luis Obispo, CA 93401 MAIL TA; ETATEMENT11 TO F Home Street N/A Aeerm. City & st.e. L ❑ UNINCORPORATED ❑ CITY OF .r 0 8 .00 Ri DOC. NO. 10185 ` OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL MAR 9 1981 WILLIAM E. ZIMARIK COUNTY RECORDER TIME 2 ® 4 ®- PM, SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax $__: Ng�_____ -__ ❑ computed on full value of property conveyed, ❑ or computed on full value less liens and en- cumbrances remaining at time of sale. atur o Declarant or Agen 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, Santa Rosa - Street - Project "(a- limited Partnership)' hereby GRANT(S) to the City of San Luis Obispo the following described real property in the County of San Luis Obispo , State of California: All that portion of property conveyed to Santa Rosa Project (a_limited partnership) by deed recorded in volume 2244 of official records at page 745, office of the county recorder, County of San Luis Obispo, State of California, more particularly described as follows: Parcel 1 An easement to maintain, repair, replace, enlarge, and remove a public storm drain and appurtenances in and across the southerly 10.00 feet of the afore- mentioned deeded land. Parcel 2 A temporary easement for the purpose of constructing said storm drain and appur- tenances over the southerly 25,:00 feet of the aforementioned deeded land: _Dated February 9, 1981 al. Par e STATE OF CALIFORNIA General Partne COUNTY OF San Luis Oh-; gp n SS. for Santa Rosa Street,,'_-P j ect On February 9, 1981 before me, the under- signed, a Notary Public in. and for .said State, personally appeared Patrick N. Smith and Frank Piperato, r. known to me to be he person S whose name are 'subscribed to the 'within instr nt and acknowledged t th / executed the. same.. WITNESS J nd and offici 1 seal. / Signature Michelle Lubec Name (Typed or Printed) OFFICIAL SEAL NIMHELLE LUBECKl -(ryd� !�O E'r?YrUC;C-CALIFGr,P1!l1 s C�Y" 41 PR!NCIPAL OI FICE IN SAN LUIS O81SPO COUNTY My Commission Expires Sept. 1, 1934 (This area for official notarial a 1) Title Order No. Escrow or Loan No. - CT 118 MAIL TAX STATEMENTS AS DIRECTED ABOVE VOL 23coq i 10PAGE 277 d . ® VJ I W W W x W J a a t- m 1 TO 442 C (Partnership) STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO J SS. On February 9, 1981 before me, the undersigned a- Notary Public in and for said State, personally apira *d Patrick 9. Smith and Frank Pi p erato Jr. known to me to be two of the partners of he partnership that execut d the within instrument, and ac wledged to me that such p rtnership executed the same. WITNESS m d and of seal. Signature Michelle Lubecki Name (Typed or Printed) VOL 2310PAGE 278 (This area for effl6.1 —t-1.1 11 OFFICIAL SEAL a MICHELLE LUEECKI NOTARY PU1BL[C CALIFORNIA ° PRINCIPi,L OFFICE IN �crF aN`* SAN LUIS OBISPO COUNTY PAY Commission Expires Sept. 1, 1984 Name (Typed or Printed) VOL 2310PAGE 278 (This area for effl6.1 —t-1.1 11 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 February 9 , 1981, from Santa Rosa Street Project (a limited partnership) 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: February 23, 1981 CITY OVSA$ LUIS OBISPO R. Coop'gr, kt aq1�; Lim, Clerk LL a END OF DOCUMENT VOL 2310PAGE 9 970 !� AGREEMENT This AGREEMENT made and entered into this 17th day of February, 1981, by and between SANTA ROSA STREET PROJECT, a limited partnership (Hereinafter called "Grantor "), and the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter called "City ")'. WITNESSETH: Inconsideration 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 southerly boundary of a parcel at 21 Santa Rosa Street. Said easement is more specifically shown and described on Exhibit "A ", attached. 2. Grantor agrees to pray the City the sum;of $700.00 as Grantor's full proportionate 'share of the cost of drainage facilities proposed to be installed between Grantor's property and Stenner Creek. City agrees to credit-$350.00 against the $700.00 as the value of the easement being granted to the City, leaving a net of $350.00 payable by the Grantor. These funds will be payable prior to start of construction of the drainage improvement and within thirty (.30). days of the City billing. 3. 'Grantor agrees that as part of his current development project, he will attempt:to schedule his work to conform with the installation of the City drainage improvement. If simultaneous scheduling can be performed, Grantor will remove and replace shrubbery, landscaping, and parking improvements now lying in the easement. If simultaneous scheduling of both projects cannot be performed, City agrees to restore all landscaping and parking improvements to a condition which existed prior to work on said drainage improvements. 4. City agrees to install and perpetually maintain drainage facilities ,r -2- • traversing the Grantor's property and thende to Stenner Creek. Full improvements are anticipated to be constructed during the summer of 1981, however City agrees that it will phase the work across the Grantor's property so as to integrate this portion of the work into the Grantor's project which is now anticipated to be under construction by February.1981. 5. City agrees to restore all areas damaged by any maintenance of the storm drain to a condition which existed prior to such maintenance being performed. 6. City agrees that Grantor o t his assigns may make local drainage connections to the facilities to be installed by the City. Connection points may be at the 'choice 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.. SANTA ROSA STREET PROJECT, a limited partnership BY: Frank Piperato Jr. CITY OF SAN LUIS OBISPO, a un'cipal corporation 1 R. ATTEST: City k A. fi. Fitzpatrick APPROVED: � sal City Administrative Officer "r O CL 0 OL u O � up �5 6 0 Q c� I �I �I �Iin 0 Z 79 t 0 -� k--- zoe;o2 EXISTING F�SEMENT IZB.Zl 1 to >1 W 1 123 zco 123.2(0 Z .0 W Q in WI NL 9 Z ul F C r� RESOLUTION NO. 4396 (1981 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SANTA ROSA STREET PROJECT FOR GRANT OF EASEMENT 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 Santa Rosa Street Project 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: Santa Rosa Street Project City Finance Director, City Director of Public Services On motion of Councilman Bond seconded by Councilwoman Billig , and on the following roll call vote: AYES: Councilmembers Bond, Billig, Dunin, Munger and Mayor Cooper NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 17th day of February—, 1931. ATTEST: s/J.H. FITZPATRICKt CITY CLERK J.H. FITZPATRICK t APPROVED: t Ad nistr tive Officer City Apffrji ey Finance Director AM R. COOPER MAYOR LYNN R. COOPER Director of Public Services R 4396 February 9, 1981 MEMORANDUM MEETING AGENDA -� DATEB , 7 '8' ITEM #15Z city osAn tuts PUBLIC SERVICES DEPARTMENT Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 TO Lee Walton FROM Dave Romero x_ SUBJECT Easement from Smith and Piperato for Property at 21 Santa Rosa Street I have been negotiating for some time with the owners of this property for the last easement needed to install storm drainage facilities that will lead from Foothill Blvd. near Chorro to Stenner Creek, north of Heinecke Avenue. This installation will relieve flooding both on Foothill Blvd. and on Meinecke Street and is one of the top priority drainage projects. The agreement calls for pay - ment by the owner of the property of a proportionate share which was calculated on the basis of his benefit by the total installation. _ I. agreed, however, to give the owners $350 credit for the easement being obtained. RECOMMENDATION: It is my recommendation that the City accept the agreement and easement which will permit us to advertise this project for construction late this spring. DFR:yh Attachment 513-/ RECORDING REQUESTED BY s' ^ City of San Luis Obispo AND WM6N ITLCOITD[D MAIL TO J.H. Fitzpatrick, City Clerk Name City of San Luis Obispo "treat "dress Post Office Box 321 City a 990 P$lm Street State L San Luis Obispo, CA 93401 MAIL TAX fTATTMlNTI TO Name street N/A AMr„. CItT a Stab L ❑ UNINCORPORATED ❑ CITY OF I SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax E____ __ __ ____ _ _ _ __ ❑ 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 IGrant Deed I APN 452- 174 -16 THIS FORM FURNISHED BY THE CUESTA TITLE GUARANTY COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Santa Rosa Street Project (a limited Partnership) hereby GRANT(S) to the City of San Luis Obispo the following described real property in the County of San Luis Obispo , State of California: All that portion of property conveyed to Santa Rosa Project (a limited partnership) by deed recorded in volume 2244 of official records at page 745, office of the county recorder, County of San Luis Obispo, State of California, more particularly described as follows: Parcel 1 An easement to maintain, repair, replace, enlarge, and remove a public storm drain and appurtenances in and across the southerly 10.00 feet of the afore- mentioned deeded land. Parcel 2 A temporary easement for the purpose of constructing said storm drain and appur- tenances over the southerly 25.00 feet of the aforementioned deeded land. Dated February 9, 1981 � �G al Par e STATE OF CALIFORNIA General Partne COUNTY OF San Luis Ni,,,, ISS. o for Santa Rosa Street P ect On February 9, 1981 before me, the under- signed, a Notary Public in and for said State, personally appeared Patrick N. Smith and Frank P perato, Jr. known to me to be he persons whose name are subscribed to the within inst nt and acknowledged the th executed the same. WITNESS ad and ofhci 1 �seal. / Signature � Michelle Lubec Name (Typed or Printed) f� OFFICIAL SEAL R` Xftv t•'ICHELLE LUE {ECKI NOTAPY r-Ur,:-X- CALIrG.,rJIA T PMKIPAL OFFICE IN SAN LUIS 03IGPO COUNTY M, Commission Expire; SCpt, 1, 1,934 (This ores for official na arlal seal) LTitle Order No. Escrow or Loan No. I CT 118 MAIL TAX STATEMENTS AS DIRECTED ABOVE 55)3-(0 it E a I colz f 5� QoSA z ,n -� k-a-- 206.0Z EXISTING SAS'= MFINT' W Q n W 9 �J Il Z ►1� W � 0 z 128.2 `O 12 3.2(0 T ,r or QL to o DL u O � un _ t V to � cr o it E a I colz f 5� QoSA z ,n -� k-a-- 206.0Z EXISTING SAS'= MFINT' W Q n W 9 �J Il Z ►1� W � 0 z 128.2 `O 12 3.2(0 T to a Io X Id A 4 m CAT. NO. NNO0627 TO 1944 CA (7 -82) (Individual) AND INSURANCE AnCOR COMPANY STATE OF CALIFORNIA COUNTY OF San Luis Obispo SS- On January 18, 1984 before me, the undersigned, a Notary Public in and for said State, personally appeared Gary Deno and Susan Deno — — — — — — — — — — — — --- personally known to me or proved to me on the basis of satisfactory evidence to be the person—& whose names are subscribed to the within instrument and acknowledged that they exe- cuted the same. WITNESS my hand and official seal. Signature ------- ------------------- OFFICIAL SEAL MARILYN PERRY .,� Notary Public - California ° Principal Office In San Luis Obispo County My Comm. Exp. Aug. 12,1987' 55rV�� I�tis offic 9 notarial Seal)