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HomeMy WebLinkAboutD-122 Various Sts. Recorded 04/02/1945QUITCLAIM DEED Project No. Calif. 4 -151 -F THIS DEED, made this t day of , 1945, by and between the United States of erica (hereinafter called the "Government "), acting by and through the Federal Works Administrator (hereinafter called the "Administrator"), and the City of San Luis Obispo, County of San Luis Obispo, State of California, a municipal corporation (hereinafter called the "City"): WHEREAS, pursuant to the provisions of Public Law No. 849, 76th Congress, approved October 14, 1940, as amended by Public Law 42, 77th Congress, approved April 29, 1941, Public Law 137, 77th Congress, approved June 28, 1941, Public Law 409, 77th Congress, approved January 21, 1942, Public Law 522, 77th•Congress, approved April 10, 1942, Public Law 119, 78th Congress, approved July 7, 1943, Public Law 150, 78th Congress, approved July 15, 1943, and Public Law 279, 78th Congress, approved April 1, 1944 (hereinafter called the "Act "), the Gov- ernment has acquired certain water facilities under its Project No. California 4- 151 -F in and near the City of San Luis Obispo, consisting of a new storage reservoir, a feeder line to the reservoir, a supply line from the reservoir to the City, and additions and improvements to the water distribution system of the City; and WHEREAS.. pursuant to the authority conferred by the Act, the Government has agreed to sell to the City and the City has agreed to purchase from the Government that portion of the aforesaid water facilities which consists of additions and improvements to the water distribution system of the City upon terms which the Administrator deems to be in the public interest; and WHEREAS, the Government has agreed to transfer to the City all of the Government's right, title and interest in and to said additions and improve- ments to the water distribution system of the City: NOW, THEREFORE, KNOW ALL KEN BY THESE PRESENTS: That the Government, in consideration of the premises and the payment to. it by the City of the sum of Seventy -five Thousand and no /100 Dollars (05,000.00), and other good and valuable consideration, the receipt whereof is hereby acknowl- edged, does hereby remise, release and forever quitclaim unto the City of San Luis Obispo, County of San Luis Obispo, State of California. all the Government's right, title and interest in and to said additions and improvements to the water distribution system of the City and in and to the following described easements and rights -of -way pertinent thereto, together with the water distribution facili- ties lying therein and thereon: An easement for a 14 -inch cast iron water line on, over and under the below- described public thoroughfares of the County of San Luis Obispo, and of the City of San Luis Obispo, State of California: Beginning at the intersection of California and Foothill Boulevards at a point where the said 14 -inch supply line con- nects with an 18 -inch supply line and running westerly along Foothill Boulevard a distance of:approxi.mately 2095 feet to the intersection of Foothill Boulevard and Mt. Pleasanton r Drive; thence southerly along Mt. Pleasanton Drive a distance of 1430 feet to a point within the City limits of the City of San Luis Obispo where Mt. Pleasanton Drive becomes Chorro Street; thence southerly along Chorro Street a distance of ap- proximately 3402 feet to the intersection of Chorro and Mill Streets; thence westerly along Mill Street a distance of ap- proximately 403 feet to the intersection of Mill and Broad Streets. Easements for cast iron water pipe lines on, over and under the below - described public thoroughfares of the City of San Luis Obispo, County of San Luis Obispo, State of California: , 1. (a) Easement for a 12 -inch pipe line beginning at the intersection of Mill and Broad Streets and running thence westerly along Mill Street a distance of approximately 652 feet to the intersection of Mill and Nipomo Streets; thence southerly along Nipomo Street a distance of approximately 2107 feet to the intersection of Nipomo and Pismo Streets. 1. (b) Easement for a 12 -inch pipe line beginning at the intersection of California Boulevard, Stafford Street, and Hathaway Street and running thence northerly along Hathaway Street a distance of approximately 340 feet to the intersection of Hathaway and Fredericks Streets; thence easterly along Fredericks Street a distance of approximately 2417 feet to the inter- section of Fredericks Street and Grand Avenue; thence southerly along Grand Avenue a distance of approximately 636 feet to the intersection of Grand Avenue and Abbott Street. 2. (a) Easement for a 10 -inch pipe line beginning at the intersection of Nipomo and Pismo Streets and running southerly along Nipomo Street a distance of approximately 1684 feet to the intersection of Nipomo and High Streets. 2. (b) Easement for a 10 -inch pipe line beginning at the intersection of Mill and Broad Streets and running southerly along Broad Street a distance of approximately 362 feet to the intersection of Broad and Palm Streets. 2. (c) Easement for a 10 -inch pipe line beginning at the intersection of Nipomo and Pismo Streets and running easterly along Pismo Street a distance of approximately 1485 feet to the intersection of Pismo and Morro Streets. 2. (d) Easement for a 10 -inch pipe line beginning at the intersection of California Boulevard, Stafford Street, and Hathaway Street and running thence southerly along Hathaway Street a distance of approximately 1987 feet to the intersection of Hathaway, Toro, and Sycamore Streets. 2. (e) Easement for a 10 -inch pipe line beginning at the intersection of Abbott Street and Grand Avenue and running thence southeasterly along Grand Avenue a distance of approximately 1177 feet to the intersection of Grand Avenue and Monterey Street. 2. (f) Easement for a 10 -inch pipe line beginning at the intersection of Monterey and Ida Streets and running thence westerly along Monterey Street a distance of approximately 1011 feet to the intersection of Monterey and Essex Streets. 3. Easement for an 8 -inch pipe line beginning at the intersection of Nipomo and High Streets and running thence easterly along High Street a distance of approximately 535 feet to the inter- section of High and Broad Streets; thence southerly along Broad Street a distance of approximately 2955 feet to a point on Broad Street near the intersection of Broad Street and Humbert Avenue. -2- R UNITED STATES OF AMERICA ) .) SS DISTRICT OF COLUMBIA ) bates of America has.caused these the Federal Works Administrator and be hereunto affixed the day and UNITED STATES OF 1�I ;RICA FEDERAL WORKS AGENCY q_ By _ Philip B. FlemIng Federal Works Administrator a Notary Public in and for the District of Columbia, and as suchfofficer authorized to take acknowledgments of deeds, do hereby certify that Philip B. Fleming, Federal Works Administra- tor, personally known to me to be the person and officer whose name is sub- scribed to the foregoing instrument, appeared before me and acknowledged the said instrument to be his free act and. deed in his said capacity and the free act and deed of the said United States of America for the purposes therein expressed, and the seal thereto affixed is the seal of the Federal Works Agency. IN WITNESS VIHEREOF, I have here to set my hand of fixed my official seal in Washington, D. C., this day of - , 1945. Notarial Seal My commission expires: -J- =�L4c, Notary Public District of Columbia ►_/ I • I � 7 RESOLUTION N0. 736 (New Series) A RESOLUTION ACCEPTLNG A QUITCLAIM DEED FROM THE UNITED STATES OF AMERICA BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That.that certain deed dated March 13, 1945 made and executed by the United. States of Piro erica acting by and through the Federal Works Administrator and- releasing and quitclaiming to the City of San Luis Obispo all the riSht, title and interest of the United States of America in and to certain easements and rights of `play together vrrth the water distribution facilities lying therein and thereon, more particu- larly described in said deed , be and the same is hereby accepted by the City of San Luis Obispo; and the City Clerk is hereby directed to cause said deal to be recorded.in the office of the County Recorder of the County of San Luis Obispo,.State of California. PASSED AND ADOPTED this 2nd day of April, 1945, by the following vote. AYES: R.P.Howell,Ralph C.Kennedy, F.C.Kimball, Clyde T. O'Nan,Jos.Leary N0 ES: None ASSENT: None ATTEST: City Clerk F. C. Kimball L•Iayor Y I, J. E. Brown, 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 736:•'l (New Series), passed and adopted by the Council of thTTity of San Luis Obispo on the 2nd day of April, 1945• WITNESS ray hand and the seal of the City of San Luis Obispo this 2nd day of -April, 1945. City Clerk 11 FEDERAL WORKS AGENCY BUREAU OF COMMUNITY FACILITIES DIVISION ENGINEER, DIVISION 7 630 SANSOME STREET SAN FRANCISCO 11, CALIFORNIA �} March 29, 1949 Project: Calif. 4 -151 -F Waterworks Facilities San Luis Obispo, California Timothy I. O'Reilly Esq. Mayor, City of San Luis Obispo San Luis Obispo, California Dear Mayor O'Reilly:f In connection with the construction by the Gc(vernment of the -rater facilities to serve the City, the City executed a Grant Deed under date of May 11, 1942, conveying certain perpetual easements to the United States. The 10 -foot easements described as Parcels 2 (a) and (b) in such Deed were not considered as of sufficient width and a 40 -foot ease- ment using the same center line was condemned in a proceeding further designated in the enclosed two copies of a draft of a disclaimer. Such 40 -foot easement is a portion of Parcel "F" in such proceeding. It now appears that the City has not disclaimed in such pro- ceeding its interest in such 40 -foot easement and I have been recd ested by the United States Attorney at Los Angeles to take the matter up with the City in order that the proceeding may be concluded without further delay. I suggest that you refer the matter to the City Attorney and I would be glad to discuss the matter while in San Luis Obispo on Monday, April 4. I expect to arrive about eleven dlclock that forenoor).and will come immediately to see you. The project is being operated by the City under a Lease of War Public works dated as of January 1, 1945, under which Lease the City has the option of purchasing the project. The leased property is de- scribed by reference to the maps, files and records in.the project describing the lands acquired by the Government. We contemplate re- vesting in the Southern Pacific Railroad the northerly 15 feet of the 40 -foot water line easement where it crosses the Railroad right -of --ray at a crossing designated by the Railroad as "Crossing near Goldtree ". I think the same crossing is also sometimes known as the "Steiner Creek Crossing ". The northerly 15 feet of the 40 -foot easement at that place unintentionally included a pier of the Railroad trestle, and since such northerly 15 feet is not necessary at, that point for the water line it would appear only proper to revest the area. Because of the option of - 1 - - 2 - the City under the aforesaid Lease, the matter is brought to your attention. We believe the City trill have no objection to the pro- posed revesting and would be glad to have the consent of the City thereto. We can also discuss this matter on Monday of next week. 0 Very truly yours, Paul Emmert Division Counsel