HomeMy WebLinkAboutD-121 Sec. Of Slo County Recorded 11/06/1944FAN
THIS INDEIyTURE, made this c day of November, 1944,
between JOSEPH W. PLUMIAER and PAULINE M. PLUMviER, husband and wife,
the parties of the first part, and CITY OF SiiN LUIS ObISPO, a municipal
corporation of the State of California, party of the second part,
W I T N E S 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 receipt whereof being hereby acknowledged, do by these $resents
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, con-
struct, operate, maintain, repair and reconstruct a sewer line for the
transportation 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 wide and being 2z feet on each side
of the following described center line:
Commencing at a point on the northerly line of the property
secondly described in deed in favor of Joseph W. Plummer & Pauline M.
Plummer, husband and wife, as conveyed by Robert A. Danneberg and
Lucinda K. Danneberg, husband end wife, recorded April 13, 1944 and
filed for record in the office of the County Recorder of said County
in Look 362 of O.R. at page 14, records of said County, which said
- 1 -
tate of California, SS.
I County of San Luis Obispo.
On this....... y.M.nl ................day of..........'... O..me mb. eS ............................................... In the year one thousand nine hundred and
f 2Tt,)1— .OUZ' before me, M. A. FITZGERALD, a Notary Public in and for the said County and State,
residing therein, duly commissioned and sworn, personally appeared .! 1Q. $.P,..ph....N ....... PI= ar....a nd .... ...............................
....Paull. no..... .... 21 umaer .. ............................ . .. .. . . . . . .. ............................... ...............................
known to me to be the person..S.descri bed In, and whose name -a ... IT ................subscribed
to the within Instrument and acknowledged to me that....... thf'.y .............executed the same.
In Witness- Whereof. I have hereu to set my hand and affixed my official seal the
day and year In this certificate first abo a written` n
of California.
point of commencement is distant north 89° 40' east 7.04 feet from
the northwest corner of f rop..'Or- t�.,, so conveyed; thence running from
said point of commencement south 30 10' west across the property so
conveyed a distance of 50.09 feet to a point on the southerly line
thereof.
Said party of the second part agrees to bury said server
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 inter-
fere with the use of said property by parties of the first part, their
successors and assigns, for the construction of buildings and for any
and all other purposes not inconsistent with the rights hereby ;ranted.
Said party of the second part agrees to pay all damages
which may arise or result from \the laying, constructing, operating,
maintaining, repairing or reconstructing said sewer line; provided,
however, that any such damages shall be limited to actual injury or
actual damage to the property itself, and parts- 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.
It is understood, and by the acceptance of the deed,
party of the second part agrees to place in said sewer line a "Y"
connection at a point to be designated by the parties of the first
part, and parties of the first part shall have the right to connect
to and use said server line, subject to the ordinances of the City of
San Luis Obispo.
IN 'WITNESS-WHEREOF the parties of the first part have here-
unto set their hands the day and year first above "itten.
RESOLUTION N0. 730 (New Series)
A RESOLUTION ACCEPTING A DEED FROM
JOSEPH W. PLUMMER AND PAULINE M. PLUMMER
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 by Joseph W. Plummer and Pauline M. Plummer and conveying
to the City of San Luis Obispo a right -of -way over and across the
following described real property, to -wit:
All that part of the southeast quarter of the
northeast quarter of Section .27 in Township 30
South, Range 12 East, M,D.M6 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 northerly line of the
property secondly described in deed in favor of
Joseph W. Plummer and Pauline M. Plummer, husband.
and wife, as conveyed by Robert A. Danneberg and
Lucinda K. Danneberg, hushand and wife, recorded
April 13, 1944 and filed for record in the office
of the County Recorder of said County in Book 362
of O.R. at page 14, records of said County, which
said point of commencement is distant north 892
401 east 7.04 feet from the northwest corner of
property so conveyed; thence running from said point
of commencement south 31 101 west.aoross the
property so conveyed a distance of 50.09 feet to a
point on the southerly line thereof,
he, and the same is hereby accepted by the City'of,San Luis 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 6 day of November, 1944, by
the following vote:
AYES: R.P.Howell, Ralph C.Sennedy,F.C.Ni.mball,Joseph Leary, Clyde T. O'Nan
NOES: None
ABSENT: None
%yam ayor
ATT"T:. %ira
y er
I, J. E. Bro`m, the duly elected, qualified and acting
City Clerk of the City of San Luis Obispo, do hereby certify
that the foregoing is a full, true and correct copy of Resolution
No. 730 (Nei; Series), passed and adopted by the Council of
the City of San Luis Obispo on 6th day of November, 1944.
WITNESS my hand and the seal of the City of San Luis
Obispo this 6th day.of November, 1944•
City Clerk