HomeMy WebLinkAboutD-1294 369 Chorre (Old Garden Creek) Recorded 04/12/1988DOC. NO, 18999'
OFFICIAL. RECORDS
Recording requested by: SAN LUIS OBISPO, CAL
City of San Luis Obispo
APR 1 s
When recorded mail to: FRANCIS M.000NEY
mm Clerk Recorder
City Clerk 9, 20AM
City of San. Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
No transfer tax due
b, o
Pkcie0 V
APR 18 �
1988
SAN Lu S 05�. CA
APN 01- 184 -10 -000
GRANT OF EASEMENT AND EASEMENT AGREEMENT
THIS AGREEMENT made this 3rd day of . March 11 1988,
by and between JEFFREY. G. JORGENSEN and JANE G. JORGENSEN,
Husband and Wife, 369 Chorro Street, San Luis Obispo,
California 9340.1, hereinafter referred to as "Grantor ", and
the CITY OF SAN LUIS OBISPO,,a chartered municipal .corporation
of the State of California, hereinafter referred to as "City ".
,WHEREAS, Grantor is the owner of that certain real
property located in the City of San Luis Obispo, State of
California, known as Assessor's Parcel No. 01- 184 -10 -000,
hereinafter referred to as the " Servient Tenement ", and more
specifically described as follows:
Lot 4 in Block 7 of Anholm Addition to the City of
San Luis Obispo, in the City of San Luis Obispo,
County of San Luis Obispo, State of California,
according to the official map thereof, recorded in
Book 3, Page 91 of Maps, in the office of the county
recorder of said county.
WHEREAS, City desires to acquire certain rights in the
Servient Tenement for the purpose of cleaning, grading, and
lining the channel of Old Garden Creek adjacent to the
Servient Tenement, with the intent to minimize erosion and
control the flow of said creek.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
Grantor hereby grants to City an easement as hereinafter
described:
vo 31-2 OPAGE 819
ff
• •
Beginning at the Northwesterly corner of Lot 4,
thence Southwest along the center of Garden Creek to
the Southwesterly corner of Lot 4; thence North
62024100" East along the line common to Lots 3 and 4
to a point that is 10.00 feet from the center of
Garden Creek measured at right angles; thence
Northeasterly parallel to the center of Old Garden
Creek at 10.00 feet from, measured at right angles
to the line common to Lots 4 and 5; thence South
63024100" West along the line common to Lots 4 and 5
to the Point of Beginning;
as generally depicted on the attached map marked Exhibit A.
SUBJECT TO THE FOLLOWING ' COVENANTS, TERMS, AND
CONDITIONS:
1. Lateral and subjacent support. At all times during
the construction of the improvements contemplated by this
agreement (which improvements are set forth in City Plan No.
J -14H on file with the City of San Luis Obispo), hereinafter
referred to as "improvements ", City shall provide lateral and
subjacent support to the Servient Tenement. City shall
conduct its activities in such a manner as to protect and
.maintain Grantor's property so that the top of the creek bank
shown in City Plan No. J -14H as it exists at the time of
execution of this agreement, together with all screening,
landscaping, and structures, shall not be damaged or disturbed
in any manner during construction. Any damage or disturbance
which may nevertheless occur shall be corrected immediately by
replacement in kind or by adequate compensation. City shall
backfill between the existing top of bank and the proposed
gabions, and said backfill shall be properly stabilized and
relandscaped.
2. Construction and maintenance. All construction and
maintenance o� any kind whatsoever re-lated to the improvements
shall be at the sole cost and expense of City, and Grantor
shall be free from any fees, charges, assessments, or other
costs of any kind whatsoever related to said improvements.
3. Indemnification. City shall indemnify and hold
Grantor free and harmless from any and all claims, demands,
and liability whatsoever, including attorney's fees and costs,
arising on account of or as a result of this agreement or the
design, construction, use, or maintenance of the improvements
or easement by City or its agents, employees, or contractors.
4. Attorney's fees. In the event of any controversy,
claim, or dispute whatsoever relating to this agreement or the
breach thereof, the prevailing party shall be entitled to
K,
VOL 3129 PAGE 820
r�L
•
recover from the losing party reasonable expenses, attorney's
fees, and costs.
5. Binding effect. This
to the benefit of the
representatives, successors,
hereto.
agreement shall bind and inure
respective heirs, personal
and assigns of the parties
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
GRANTOR: CITY:
City of San Luis Obispo
�j t
By /,
F
Y J E EN 6Ma�Dr�i'&
M-
ATTEST: �77C.
J E G. MJENSJM C L# y_ : C%*r- -k� '
Approved as to f J� ?Y"
y Attorney
JGJ:fr /3/1/88
C:AGJGJ611
.r7
VOL 3129 nGE 821
Acknowl edcrment
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) SS-
On this 3rd day of March , in the year 1988,
before me, FRANCEE L. RIOS a notary public,
personally appeared JEFFREY G. JORGENSEN and JANE 'G.
JORGENSEN, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons whose names
are subscribed to the within instrument, and acknowiedged that
they executed it..
Witness my hand and official seal.
-e " za,
OMC1AL SFu. No ry Pub j for the
b . RYPUBL(L RIGS State of lifornia
• NOTARY PUBLIC •CALIFORNIA
SAN LUIS OBISPO COUNTY
My Comm, Expires Nov.19' 1990
My commission expires:
[Notary Seal] November 19 1 1 , 1990
4
VOL 3129 PAGE S22
0
0
N 63° 22'17
Center Street
- �- h O
A% m `
o
0
U
D
A
t�
Z
c�
c�
c%N
71
N 6l °20'
city of
san LUIS OBI spo
990 Palm Street /Post Office Box 321, San Luis Obispo, CA 93408
GATAPPINT N 1559
608
I
Block 7
Annholm Addition
APN 01- 184 -10
JEFFREY G. 81 JANE JORGENSEN
to City of San Luis Obispo
for Creek Easement
? Exhibit A
VD.L 3129PACE S23
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 OF EASEMENT AND EASEMENT AGREEMENT
dated March 3 19 88; f rom
JEFFREY G. JORGENSEN and JANE G. JORGENSEN
to the CITY OF SAN LUIS OBISPO. a Political Corporation. Is hereby
accepted by the undersigned officer on behalf of the City Counrll pursuant
to authorlty conferred by Resolution No. 5370 (1984 Serles), recorded
June 15, 1984, In Volume 2604, Official Records. Pape 878. Snn Luis Obispo
County, California, and the Grantee consents to recordation thereor by Its
..duly authorized officer or his agent.
Date: 4/12/88
',.jA
A* T.-,4,
FagiI`a"�D'ci es; ty Clerk
apt _�
END OF DOCUMENT
CITY CF SAN WIS OBISPO
B
ON-
Ron Dunin, Mayor
Y013129PAGE 824