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HomeMy WebLinkAboutD-1414 Apn 076-331-0015 Recorded 08/24/1994Recording requested by: . ` City of San Luis Obispo When recorded mail to: City Clerk City of San Luis Obispo P.O. Box 8100 Doc No: 199 ` 50202 Official Records San Luis Obispo Co. Francis M. Cooney Recorder Aug 24, 1994 Time: 14:46 I Rec No: 00061309 NF 0.00 @@ 9j ;TOTAL 0.00 San Luis Obispo, CA 93403 -8100 Deed 1414 APN 076 -331 -0015 GRANT OF ACCESS EASEMENT AND EASEMENT AGREEMENT THIS AGREEMENT made .this 17th day of August , 1994, by and between JOHN E KING, CAROLE D KING, J EDMUND SMITH, BEVERLY ELDER SMITH, CLIFF BRANCH, RANDI BRANCH, CHRISTOPHER A HELENIUS, and LYNN HELENIUS, hereinafter referred to as "Grantors ", and the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter referred to as "City ". WHEREAS, the Grantors are the owners of that certain real property located in the County of San Luis Obispo, State of California, in Section 2, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, as shown on page 2 of 3 as "NOT A PART" of the Map for Tract 1150 filed in Book 1.3 of MAPS at page 48 in the Office of the County Recorder; and WHEREAS, City desires to acquire access easement rights over "NOT A PART" for vehicular access to construct and maintain a new City communication transmission site on Property lying westerly of the Grantors property; NOW, THEREFORE, IT IS AGREED AS FOLLOWS: The Grantors hereby grant to City a permanent access easement over the Grantors property, located within Section 2, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, from the current access point at Calle Jazmin to the adjacent property on which the transmission site is to be located. The easement shall be as. generally depicted on the attached map marked Exhibit A and described on Exhibit B to provide for all weather access for two wheel drive vehicle and be-approximately 20 feet wide. SUBJECT TO THE FOLLOWING COVENANTS, TERMS, AND CONDITIONS: 1. Construction. The City shall have the right to do minor grading, install minor drainage facilities and place base materials on the access easement for the purpose of. improving the access road surface. D -1414 The City shall conduct its activities in such a manner as to protect the Grantors property, including structures and improvements. 2. Right to Revise Access Easement. Both parties agree to allow the other party to revise, shorten, or lengthen the access easement, or revise the point of connection to the public road system providing that the purpose for which the access easement was established can continue to be met and,that no costs are incurred by the party not requesting the change. Changes envisioned by this statement relate to those which would result should the property be developed and a roadway system established. which would supersede some or all of the herein described access easement. 3. Right of Entry. The City and its agents shall have constant access to the access easement for construction and maintenance of the road and /or to travel to the transmission site. The City shall be responsible to provide and maintain an additional lock at each end of the access easement. 4. Maintenance. The City is responsible for maintaining the access road surface neglecting only those portions which are replaced with public or private improved roads if development occurs. All maintenance of the access road shall be at the sole cost and expense of the City. 5. Indemnification. The City shall indemnify and hold the Grantors free and harmless from any and all claims, demands and liability whatsoever arising on account of or as a result of the design, construction, or maintenance of the improvements or easement by the City or its agents, employees, or contractors. 6. Binding Effect. This agreement shall bind and inure to the benefit of the respective heirs, personal representatives, successors, and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year written above. 1 V' _ C LE D K I IT�l • CLIFF BRANCH bate • 1 /� y ��, 91 lofty 33 z 193 -.3 L CHRISrPHER A. HELENIUS Date LYW HELENIUS Date CITY: Pinard Date I r "*"li ATT7,61e C qLER.K,.Diane 1Y. Gladwell Witness P U ' -1 FF BRANCH g:memomlsc\9340ease Approved As to Form: STATE OF CALIFORNIA °' M COUNTY OF SRyn Lv , t_ R R� 05 On this the 4�;X 1 day of 19 before me, 7Z�A In w the undersigned Notary Public, personally appeared, E personally known to me Q a cc I� proved to me on the basis of satisfactory evidence w �f� Z o to be the person(s) whose ame(s) OL2 subscribed to the within instrument and Lu O a acknowledged to me that executed the same in authorized capacity(ies) and that by Ir signature(s) on the instrument the person(s), or w the entity upon behalf of whTch the person(s) acted, executed the instrument. J F WITNESS my hand and official seal, � a O m r w to Notary's Signatur CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT CATHY B. HUDAK NOTARY PUBLIC - SAN LUIS OBISPO COUNTY CALIFORNIA) My Commission Excites on June 7, 994 FOR NOTARY SEAL OR STAMP State of ( kt l*tT I OL County of <:;tkIi wIS 0,6100 l On b, before me, i.��� ��' , DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC- ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized LB R. capacity(ies), and that by his /her /their Z ,..�, NotC �c 1017628 signature(s) on the instrument the person(s), °� or the entity upon behalf of which the SAN LUIS Comm. e: OCT 17 / r person(s) acted, executed the instrument. WITNESS my hand n o i ial seal. SIGNATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL CORPORATE OFFICER(S) TITLE(S) PARTNER(S) LIMITED GENERAL ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) � OPTIONAL SECTION TITLE OR TYPE OF DOCUMENT E A-,-, 77— NUMBER OF PAGES -Vi=i DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave., P.O. Box 7184 - Canoga Park, CA 91309 -7184 E ACKNOWLEDGMENT State of CkA�;P(Lr4k N County of 54K� ljiS OQ )SQC) On 464 C, �— before me, DATti NAME, TITLE OF OFFICER DOE, NOTARY PUBLIC' r personally appeared l.1 ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized _ ILE ILMARRM capacity(ies), and that by his /her /their �• 00A #1G17� I signature(s) on the instrument the person(s), Nofay Pubik — Ca1llb Tft SANLUISceuPOcoufrn or the entity upon behalf of which the COMM. Lly OCT 17 person(s) acted, execute the instrument. WITNESS y ha d2n icial seal. SIGNATURE OF NOTARY No. 5193 OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. f(INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLES) ❑ PARTNER(S) []LIMITED [:]GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT494 -'ToF A-e---!"� THE DOCUMENT DESCRIBED AT RIGHT: � ��// NUMBER OF PAGES '1t DATE OF DOCUMENT Though the data requested here is not required by law, i Qk5 t it could prevent fraudulent reattachment of this form. SIGNER(S) OTHER THAN NAMED ABOVE 1►11� t�f�., �AtihxF k`-"� @1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoaa Park. CA 91_9og -71.ad IA ALL - PURPOSE ACKNOWLEDGMENT No. 5193 Ar State of �4j ►r County of ,�w V'' IS 06-1Sf o On 6( before me, DAtE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC - personally appeared Cs�o PVc�u A NAME(S) OF SIGNER(S) sonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same in his /her /their authorized LESItMARRM capacity(ies), and that by his /her /their Z , y CO # 1017628 � signature(s) on the instrument the person(s), Notary Pubic — Cdilbella SAN WOO LIPOCOUPny or the entity upon behalf of which the My Comm. Bores oCT IT Im person(s) acted, executed the instrument. WITNESS my hand nd ff a I. SIGNATURE OF NOTARY OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARD IAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENYQ(W A-- �i THE DOCUMENT DESCRIBED AT RIGHT: NUMBER OF PAGES DATAPF DOCUMENT Mn, Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. k76f Eopun -'� Snit SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 CALIFORNIA ALL - PURPOSE A(dWOWLEDGMENT 40 No. 5193 State of Iti LKJV--\- County of 4k1 L,�J LS OB K ?0 On �% �4' before me, _ �- DATEF NAME, TITLE OF FFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared CA_'� ersonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed IFS R.MARRM the same in his /her /their authorized < COMM. #1017628 capacity(ies), and that by his /her /their = �ary �c-�� signature(s) on the instrument the person(s), 40. MY Comm. Bq*es OCT 17.1997 or the entity upon behalf of which the person(s) acted, execut h instrument. WITNESS my and nd ff' al seal. 0 SIGNATURE OF NOTARY THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Though the datga requested here1s •riot required py 1�;N,_ , tt could preverit fraudulent'reattachment of this forni .. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) OPTIONAL SECT O� A TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES T 1 \I 9 DATE OF DOCUMENT SIGNER(S) OTHEFf tHAN NAMEDIABOVE �l OU1 ig. 1 -diM, $ &TW.- S/"lr'% j` ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 SUBSCRIBING - WITNESS CERTIFICATE ( "WITNESS JURAT ") Stated �(WfNICiN`/a a 1 w►� oTMRO ss. County of LES R. MARRONE a COMM. # 1017628 Z .'w Z Notary Public - California SAN LUIS OBISPO COUNIN My Comm. Ex ' es OCT 17.199-1 IP On this the ?A A day of me, the undersigned No. 5195 Notary Public, personally appeared l APf- V t A WA (name of subscribing witness), ersonally known to me ❑ proved to me on the oath /affirmation of (name of credible witness who identifies subscribing witness), a credible witness whom I know personally, to be the person whose name is subscribed to th within instrument as a witness thereto, who, being by my sworn, os sand says at — (he /she) was present and saw (name of principal signer not appearing before Notary), the same person described in and whose name is subscribed to the within and annexed in- strument as a party thereto, execute the same, and that said a nt subscribed (his/ er) name to the within instrument it ss at the request of _ V A (name of principal signer again) (Notary's signature) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to other docume THIS CERTIFICATE Title or Type of Document G4"fi -o-'r— Aec.-%- e&-EffZ � t�Z� MUST BE ATTACHED Number of Pages Vic Date of Docum nt UD�'� ^7 TO THE DOCUMENT CMPtS { Lkf -_W 7?.) 1 �or0J m DESCRIBED AT RIGHT: Signer(s) Other Than Named Above \ �DAw►✓O i3�T1 nn �rv4 01992 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave • Canoga Park, CA 91309.7184 -l"NN -, ------ ---- ------------- N 41 0 ot r- r- LUPITA m m 0 K > > > cc: ,n D z LO C:) -4 0 0 0- W 0 0 z (n 5�- _ZI LAJ z acv LL- w 0 (n V) La Xul L) LLI < O CD 0 LA. Z Z O r � � FOR GRANT OF ACCESS EASEMENT BETWEEN JOHN RING ETAL AND CITY OF SAN LUIS OBISPO For property located in the County of San Luis Obispo, State of California, in Section 2, Township 31 South, Range 12 East, Mount Diablo Base and Meridian Access Easement shall fall on either side of the below described centerline of the easement: Beginning at the point 18 feet easterly from the westerly most right of way line of the northern most end of the City of San Luis Obispo city street Calle Jazmin as shown on the Tract Map for Tract 400 filed in Book 8 of MAPS on page 2 in the Office of the County Recorder; thence 118.8 feet N 20 45' W; thence 291.4 feet N 90 14' E; thence 90.6 feet N 250 29' E; thence 173.2 feet N 410 26' E; thence 102.6 feet S 890 49' E; thence 91.5 feet S 640 34' E; thence 169.8 feet S 540 21' E; thence 63.5 feet N 300 39' W; thence 111.7 feet N 10 58' W; thence 146.6 feet N 70 45' W; thence 78.5 feet N 60 42' E; thence 75.6 feet N 260 0' W; thence 149.1 feet N 610 50' W; thence 106.8 feet N 390 03' W; thence 114.8 feet N 170 41' W; thence 73.8 feet N 390 49' W; thence 135.5 feet N 280 03' W; thence 434.1 feet N 390 12' W; thence 91.7 feet N 350 20' W; thence 81.4 feet N 740 44' W; thence 133.4 feet N 790 29' W; thence 381.6 feet N 650 29' W; thence 47.7 feet plus or minus N 740 29' W to the easterly property line of Tract 744 at a point lying 622 feet south, plus or minus, from the northeasterly most corner of Tract 744 as shown on the Tract Map for Tract 744 filed in Book 10 of MAPS on page 35 in the Office of the County Recorder. EXHIBIT B FEB 1 0 im E,.tiitit:,, �iv1tTFt, ff'l7� � HA1(CS Mali- i me ty o� san lugs oBi SPO CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed, by the Grant of Access Easement and Easement Agreement dated August 17 , 19 94 from John E. King, Carole D. King, J. Edmund Smith, Beverly Elder Smith, Cliff Branch, Randi Branch, Christopher A. Helenius, and Lynn Helenius 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. 5370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: 'oZ3 CITY OF SAN LUIS OBISPO By R-4 Peg Pinar Mayor ATTEST: �R. Gla well, ty Clerk rj�4r eY� '92 3 END OF DOCUMENT o\CA