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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