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HomeMy WebLinkAboutD-120 No Broad Recorded 11/06/1944.a �L THIS INDENTURE, made this 3/— day of November, 19[;.4., between CARLOS SERRANO and CLEOFAS Q. SERR_;iNO, husband and wife, the parties of the first part, and CITY OF SaN LUIS O�ISPO, a municipal corporation of the State of California, party of the second part, W I T y E 3 S E T H: That said parties of the first part,in consideration of the sum of Ten and no /100 Dollars.($10.00) lawful money of the United-States of America, to them in hand paid by party of the second•part, the recei-pt whereof being hereby acknowledged, do by these presents grant, bargain, sell and convey unto the said party of the second part, and to its successors and assigns forever, a right -of -way to lay, construct, operate, maintain, repair and reconstruct a sewer line for the trans- portation of sewage across,.under, over and through that certain real property owned by parties of the first part and being part of the southeast quarter of the northeast quarter of Section 27, Township 30 South, Range 12 .East, M.D.M., in the City of San Luis Obispo, California, together with the right of ingress and egress to and from the same unto the said party of the second part, its agents and employees, and the right to do and perform all things necessary and convenient to the use of the right hereby granted. Said sewer line shall be laid and constructed along the following described course, to -wit: A strip of land 5 feet vd de and being 2z feet on each side of the following described center line. Commencing.at a point on the east line of North Broad Street in the said City at the intersection of said line with the north line of the south half of the northeast quarter of said Section 27 in said Township and Range and being also at the .southwest corner of Lot 76 of Mt. Pleasanton Square Addition to the City of San Luis Obispo according to the map of said Addition on file in the office of the County Recorder of said County and filed for record in nook 3 of Maps at page 34, - 1 - J i=ce . State of California, SS. County of San Luis Obispo. } On this ............ Pk.ir.d ........... of ......... ..in the year one thousand nine hundred and .......... .................................. ' ............................................................ before me, M. A. FITZGERALD, a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared C..a.I'1O.S .5'°.rrc�.no____and C- .eOf&S ........ known to me to be the person.sLd a serf bed In, and whose name.S ---- am e._.._.........subscribed to the within instrument and acknowledged to me that...... IbEy ..............executed the same. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year In this certificate first above ritten_ l ti- Y records of said County and running thence north 89° 51' east along the south line of said Lot 76 and along the south line of said Mt. Pleasanton Square Addition 182.04 feet to a point; thence leav- ing said southerly line of Mt. Pleasanton Square Addition and running south 3° 21' west 50.09 feet to a point which said point is the true point of commencement; thence running from said true point of commence- ment south 30 21' west 11.50 feet to a point; thence south 450 00' west 22.90 feet to a point on the center line of the existing sanitary sewer. Said party of the second part agrees to bury said sewer line, so far as possible, in a trench four (4) feet deep, except where the same crosses ravines, and in such manner as not to interfere.with the use of said property by parties of the first part, their successors land assigns, for the construction of buildings and for any and all other purposes not inconsistent with the rights hereby granted. Said party of the second part agrees to p V all damages which may arise or result from the laying, constructing, operating, maintain- ing, repairing or reconstructing said sewer line; provided, horrever, that any such damages shall be limited to actual injury or actual damage to the property itself, and party of the second part shall not be liable for any damages by reason of the mere existence'of any pipe line constructed by it nor for any damages to the market value of said property caused by the existence of any pipe line. IN WITNESS WhEREOF the parties of. the first part have here- unto set their hands the day and year first above written. RESOLUTION N0. 733- (New Series) A RESOLUTION ACCEPTING A DEED FROM CARLOS SERRANO AND -CLEOFAS Q,, SMRANO BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That that certain deed dated November 3, 1944 made and executed oy Carlos Serrano and Cleofas Q, Serrano and conveying to the City of San Luis Obispo a right -of -way over anc across the following described real property, to -wit: All that part of the southeast quarter of the northeast quarter of Section 279 Tolimship 30 South, Range 12 East, M,D,M, in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: A strip of land 5 feet wide and being 2j feet on each side of the following described center line: Commencing at a point on the east line of North Broad Street.in the said-City at the intersection of said line with the north line of the south half of the northeast quarter of said Section 27 in said Township and Range and being also at the southwest corner of Lot 76 of Mt, Pleasanton Square. Addition to the City of San Luis Obispo according to the map of said Addition on file in the office of the County Recorder of said County and•,filed for record in Book 3 of Maps at page 34, records of said County and running thence north 890 51' east along the south line of said Lot 76 and along the south line of said Mt, Pleasanton Square Addition 182,04 feet to a point; thence leaving said southerly line of Mt, Pleasanton Square Addition and running south 30 211 west 50.09 feet to a point which said'po -int is the true point of commencement; thence running from said true point of commencemOut south 30 211 west 11,50.feet to a point; thence south 450 001 wbst 22.90 feet to a point on the center line of the existing sanitary sewer, be and the same is hereby accepted by the City of San Luiss Obispo; and the City Clerk is hereby directed to cause said deed to be recorded in the office of the County Recorder of the County of San Luis Obispo, State of California. PASSED AND ADOPTED this = day of November, 1944, by the following vote: - AyFS: R,P.Howell,Ralph C.Kennedy.,F.G.Kimball Joseph Leary, Clyde T. O'Nan NOES: None ABSENT: None �_ ATTEST:, - CC���SS Mayor City Clerk I, J. E. Broi.rn, the duly elected, qualified and acting City Clerk of the City of San Luis Obispo, ao hereby certify that the foregoing is a full, true and correct copy of Resolution No. 731 .(Neer Series), passed and adopted by the Council of the City of San Luis Obispo-on 6 day of November, 1944• 4'•.'ITNGSS my hand and the seal of the City of San Luis Obispo this g day of November, 1944.. City Clerk