Loading...
HomeMy WebLinkAboutD-1201 Sewerline, Santa Maria & Santa Ynez Cp H25r Recorded 07/02/1985DOC.3i�1 OFFICIAL RECORDS B362 RECORDING REQUESTED BY: SAN LUIS 0818M CO., CAL City of San Luis Obispo JUL 2 1985 WHEN RECORDED RETURN TO: FRANCIS M. COMFY City Clerk City of San. Luis Obispo�C�rlt- ReCOr�r P. 0- Box 321 TME 91a 10 AM San Luis Obispo, CA 93406 APN No. 52- 134 -40 DEED "OF - EASEMENT B �(,�(�R 'B p 11110,61,: Alcide J. Bonin and Elinor K. Bonin (husband and wife); as Grantors; hereby grant to the City of San Luis Obispo, a chartered municipal corporation, as grantee, the following exclusive underground easement in the City of San Luis Obispo, County of San Luis Obispo, State of California, to wit: A permanent easement for sanitary sewer purposes over that portion of Lot 2 in Block 5 of the San Luis Obispo Monterey Heights Tract in the County of San Luis Obispo, State of California, according to the survey thereof recorded September 23, 1925 in Book 3, Page 66 of Record of Surveys in the Office of the County Recorder of said County, described as follows: Beginning at the .southerly corner of Lot 21 said point being the True Point of Beginning: Thence westerly along the southwesterly property line of said parcel a distance of 5.0 feet to a point; thence along a line parallel to and a distance of 5 feet measured at right angles from the easterly line of said parcel a distance of 85.2 feet to a point; thence along a line parallel to and a distance of 10 feet measured at right angles from the northerly line of said parcel a distance of 17.0 feet to a point; thence North 47 03' East a distance of 10 feet to the northerly line of said parcel; thence along the northerly line of said parcel a distance of 22.00 feet more or less to the easterly line of said parcel; thence along the easterly line of said parcel a distance of 95.2 feet more or less to the True Point of Beginning. SUBJECT TO THE FOLLOWING CONDITION: 1. Grantors shall be accorded the right to the free use of the land over and above the easement for landscaping purposes and the right to construct steps, sidewalks or other appurtenances over and along said easement at any time after installation of the sewerline. VOL 272I PAGE.3 ' 9 , E t Id a M 5 X m d -Im , Y 2. Grantee shall repair any damage caused to Grantors' landscaping, steps, sidewalks or other appurtenances as a result of the construction, repair, maintenance or improvement of the sanitary sewer system and shall restore same to it's condition prior to such construction, repair, maintenance or improvement. 3. In the event that any controversy, claim or dispute arises relating to this instrument or the breach thereof the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 4. This instrument shall bind, and inure to the benefit of, the respective_ heirs, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, Grantors have hereunto caused their names to be subscribed this 9th day of May ,1985. Date: May 9, 1985 Witness: CAT. NO. NNO0634 TO 1950 CA (7 -82) (Witness—Individual) U/n,mill, i Elinor K. Bonin TMAINSURANCE AND TRUST Signed I .._(This area for ottuim notanai scaly AMOR COMPAnr STATE OF CALIFORNIA COUNTY OF San Luis Obispo SS. On = 9- 1985 before me, the undersigned, a Notary Public in and for said State, personally appeared Gary W. Henderson — — — — — — — — — — — personally known to me to be the person whose name is subscribed to the within Instrument, or proved to be such by the oath of a credible witness who is personally known to me, as being the subscribing Witness thereto, said subscribing Witness being by me duly sworn, deposes and says: That this witness resides in Pismo Beach, CA j and that said witness was present and saw Alcide J. Bonin & Elinor K. Bonin— — OFFICIAL SEAL, personally known to said witness to be the same person MARILYN PERRY described in and whose name is subscribed to the within Notary Public- California F and annexed Instrument as a party thereto, execute and Princip&l Office In deliver the same, and that affiant subscribed h ON& San Luis Obispo County My Comm. Exp. Aug. 12, 1987 name to the within Instrument as a Witness. WITNESS my hand and official seal. 0969 slow.-, 13 7C3 .4 _ 0-7n Signed I .._(This area for ottuim notanai scaly Buena vista Bearings & Distances 15 16 0 05.2D' 14 R 13 -- �� 0 N 47° 03' E 10.00' 12 -- O5 22.DD' -- © quo, Monterey Heights Tract N Q too' Jii� icnli�►i�11 �ii���ii�� city of A.J. & EX. Bonin IIi� q,IU�i► San WI S OBI SPO to City of San Luis Obispo Department of Community Development c 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408 Sewer Easement DATAYRINT N15581 _ .VOL 2724 PAGE? 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 Deed of Easement dated May 9 1985•; from Alcide J. Bonin and Elinor K. Bonin 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 of his agent.. Date: � . CITY OF SAN LUIS OBISPO ATTES C.itp G1erI��Pamela voges rj (% ,40fffP ._. END OF DOCUMEMY VOL 2724 PAGE 3 12 L� Agreement - Page 2. 0 7. The City agrees to install a sewer wye for the Owners future use in the location determined by the Owners. 8. The City agrees to pay the Owners $2000.00 compensation for the easement. 9. In the event that any controversy, claim or dispute arises relating to this instrument or the breach thereof the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 10. The City intends to construct the sewerline in the summer of 1985, however, in the event that the City does not construct this sewerline for any reason within three years, this agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have executed this agreement the 9th day of May 1985 OWNERS: ATTEST:, CIT� CLERK PAMELA G S i Wayne City Engineer CITY OF SAN LUIS OBISPO / ena gu Santa Vista Block 5 Monterey Heights Tract Bearings & Distances 5.Op' Q 65.2D' ® 17. OD ® N 41 03 E 10.00 /- O5 22.CO' N Q 1 N = 100, �� ��iii ► P��1i�iiil�l ►uii��nii; CI ty Of A.J. a E.K. Bonin I►I� �II�IUiII IMMISO San LUIS OBI SPO to City of San Luis Obispo Department of Community. Development c,, 990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93406 Sewer Easement DATAPRINT N15581 A - VOL 2724PACE.37�. 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 Deed of Easement dated May 9 1985, from Alcide J. Bonin and Elinor K. Bonin 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 of his.agent. Date: CITY OF SAN LUIS OBISPO PTES TEND OF DOCUMENT By ",VOL 2724 PAGE 3 i2 AGREEMENT • ,may This agreement, by and between the City of San Luis Obispo, a municipal corporation, hereinafter called "City," and ALCIDE J. BONIN and ELINOR K. BON_IN hereinafter called "Owners." Adopted on the 4th day of June, 1985. WITNESSETH: WHEREAS there has been called to the City's attention a poor condition of the sanitary sewers in the backyards of the properties on the Southwest side of Santa Maria. Ave.; and WHEREAS the City has plans to correct the situation by the installation of new sewerlines with adequate slope and proper standards, and;- WHEREAS it is necessary to have access to the area of construction. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Owners agree that the City may at its sole cost, reconstruct the sewerline along the rear of their lots as shown on the plans for City Project H -25R, Sewerline Improvement Project (Santa Maria /San Miguel). 2. The City agrees to pay the full cost for the work including engineering, surveying, inspection, labor and. materials. 3. The the new 4. The rem the City agrees to old sewer main sewer main. City agrees to aved or damaged original condi connect the laterals now connected to from the subject properties into the restore all landscaping and fencing by the installation of the sewerline to tion. 5. The owners agree to sign an easement for construction and maintenance of the new sewer- main and agrees to allow access for the expedient construction and maintenance of the sewerline. 6. The owners agree to allow an additional five foot wide temporary easement adjacent to the permanent.easement for temporary construction purposes. This temporary easement . will become null and void following completion of construction. r i* Agreement - Page 2. • 7. The City agrees to install a sewer wye for the Owners future use in the location determined by the Owners. 8. The City agrees to pay the Owners $2000.00 compensation for the easement. 9. In the event that any controversy, claim or dispute arises relating to this instrument or the breach thereof the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. 10. The City intends to construct the sewer.l.ine in the summer of 1985, however, in the event that the City does not construct this sewerline for any reason within three years, this agreement shall become null and void. IN WITNESS WHEREOF, the parties hereto have executed this agreement the 9th day of May , 1985 OWNERS: ATTEST:, 1 is I CIT� CLERK PAMELA Glfs ayne A.; Peterson City Eng'neer CITY OF SAN LUIS OBISPO