HomeMy WebLinkAboutD-1436 Sprr Bike Path Property Recorded 12/28/1995FL19ORDING REQUESTED BY
NIRST AMERICAN TITLE
PB- 913712 -YMH
AND WHEN RECORDED MAIL TO
Name F CITY Or SAN LUIS OBiSPO
St eee 955 MORRO STREET
SAN LUIS OBISPO, CA 93401
city MIKE MCCLUSKEY
State
Zip
MAIL TAX STATEMENTS T0:
SAME AS RETURN ADDRESS ABOVE
Doc No: 1995-OF "094
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Dec 28, 1995
Time: 16:11
L
71
Rec No: 00066776
NF
TOTAL
SPACE ABOVE THIS LINE FOR RECORDER'S USE
FFILED =_E PAiDI EXEt4PT GUT OF
� r STATE
.,���
CORPORATION GRANT DEED
11)!X81+7
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, ( "Grantor "),
does hereby GRANT to the CITY OF SAN LUIS OBISPO, a municipal corporation of the
State of California, ( "Grantee "), that certain real property situated in the City
of San Luis Obispo, County of San Luis Obispo, State of California, and more
particularly described in the Exhibit "1" attached and hereby made a part hereof,
(the "Property ").
Grantor excepts from the Property and reserves unto itself, its successors and
assigns, all minerals and mineral rights, interests, and royalties, including,
without limiting, the generality thereof, oil, gas and other hydrocarbon
substances, as well as metallic or other solid minerals, in and under the
Property; however, Grantor or its and assigns, shall not have the
right for any purpose whatsoever to c,:.ar upon, into or through the surface of
the Property in connection therewitk.
Grantor further reserves an exclusive Signal Pole Line Easement being twenty feet
(20') in width and lying ten feet (10') on each side of an existing pole line as
said pole line now exists in, on, over, across and through the Property. Grantor
(and its lessees, sublessees, licensees, successors or assigns) shall have the
right to own, construct, reconstruct, maintain, operate, use and /or remove
existing and /or future communication systems for railroad purposes, including,
but not limited to, all existing facilities, telephone, telegraph, television and
fiber optic lines and related equipment and appurtenances. All communication
system improvements for railroad purposes presently existing on or hereafter
constructed on the easement property shall remain the personal property of the
Grantor. Grantor shall be entitled to all revenues derived from all current and
future agreements to which Grantor is a party affecting the easement property.
Grantor does further reserve unto itself, its successors and assigns, a limited
right -of -way and right -of- access to the easement property over and across the
Property as described in Exhibit "1" hereto, for purposes of the use, enjoyment,
maintenance, operation and access to the Signal Pole Line Easement.
Document 0001
Page 1 of 3
Z) /y36
0
Grantee acknowledges that Grantor is operating (and will continue to operate) a
railroad upon its adjoining property, and recognizes that such operation may
create some noises and vibrations affecting the Property. Grantee accepts the
Property subject to such noises and vibrations, and hereby covenants to release
Grantor from all liability, cost and expense resulting therefrom. This covenant
shall run with the Property, and shall be binding upon the successors and assigns
of Grantee.
By accepting this deed, Grantee expressly covenants to construct and maintain,
at its own expense and to Grantor's reasonable satisfaction, a wall or other type
of barrier along the track side of the Property. This covenant is for the
benefit of Grantor's adjoining land, and shall run with the Property and be
binding upon the successors and assigns in title of Grantee.
Grantee, by signing below, expressly acknowledges that Grantee is buying the
Property in an "AS IS" condition and that Grantee has relied upon its own
independent investigation of the physical condition of the Property.
This Grant is made subject to all covenants, conditions, restrictions,
exceptions, easements, rights -of -way, rights -of- access, agreements, reservations,
encumbrances, liens and other matters as the same may be of record; any matters
which would be disclosed by survey, investigation or inquiry; and any tax,
assessment or other governmental lien against the Property.
IN WITNESS WHEREOF, antor has caused these presents to be executed in duplicate
this 2 day of 19 •
ri
10 W
GRANTOR:
SOUTHERN PACIFIC TRANSPORTATION CONPANY
By: CM �4�
Title: I s lice President
Attest: 1 4 _5�tNYntp
Title: SECRETARY
° CITY Or $.A"� LL ,S oL-!f ;-
t �
Document 0001
Page 2of3
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN FRANCISCO )
On betcr -6m (9, l9aS , before me, - JVSWPK- F_ 3u .'kLA60 ,
Notary Public, personally appeared _I.A_ Nol-m A-io i_ F. o'0c+'yNfLA- -
personally
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
acknowledged to me that he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal. °
Signature bf Notary
JOSEPM F..RMAXI
COWA. # 1060"
-e Notary Put*c — Ca9ftgb
SAN FRANCISCO CO> �
My Comm. Ev;*w JUN
SES /jfj121595
c: \data \deed \s1o2.001 /(53018)
Grantee hereby accepts this deed and agrees for itself, its successors and
assigns, to be bound by the conditions and covenants set forth herein and to
perform all obligations of Grantee set forth herein.
Dated this 27th day of December , 19 9�s.
GRANTEE:
THE CITY OF SAN LUIS OBISPO
By:
Title: Art"ina City Administrative Officer
[Note: Attach Grantee's notarial certificate.]
Document 0001
Page 3 of 3
State of California }
County of San Luis Obispo }
On December 27, 1995, before me, Diane R. Stuart, Notary Public, personally appeared
William Statler, ( X ) personally known to me or ( ) proved to me on the basis of satisfactory
evidence to be the person whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his capacity, and that by his signature on the instrument the
person or the entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
1 �2ffFtICJAL S SEAL
OWMI
Notary Public Ur ftMW
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation () partnership () attorney -in -fact ( X ) Political agency
Corporation Grant Deed Escrow Instructions (Southern Pacific Transportation Company)
S.R. #90288 San•Lu' Obispo, Ca. City of
EXHIBIT 1
12/15/95 t�
Commencing at a point 150 feet easterly and 90' from the centerline of
the westward main line of the Southern Pacific Transportation Company
Station 8972 +00 as shown on Southern Pacific Transportation Company
Station Map V- 67 /SL -2b; thence northwesterly along a line parallel to
the centerline of the railroad right -of -way a distance of 204.00 feet
more or less to a point being the intersection of said easterly railroad
right -of -way with the dividing line of Lots 3 and 4, Block I of the
Maymont addition to the City of San Luis Obispo, State of California as
recorded in Book B of maps, Page 91 in the Office of the County Recorder
of San Luis Obispo County and said point being the most easterly point
of the land deeded to Southern Pacific Railroad Company by E.D. Congdon
in Deed Book 13, Page 186 on August 20, 1891, said point being the POINT
OF BEGINNING; thence continuing northwesterly along said railroad right -
of -way a distance of 97.5 feet more or less to the easterly line of
Bushnell Street; thence continuing northwesterly along said railroad
right -of -way a distance of 140.00 feet to the northerly line of South
Street; thence continuing northwesterly along said railroad right -of -way
a distance of 323.00 feet more or less to the southerly line of Fletcher
Street; thence continuing northwesterly along said railroad right -of -way
a distance of 70.00 feet more or less to the northerly line of Fletcher
Street; thence continuing along said railroad right -of -way a distance of
325.00 feet more or less to the southerly line of Haskin Street; thence
continuing along said railroad right -of -way a distance of 142.00 feet
more or less to the westerly line of Rachel Street, said point being
approximately Station 8958 +94.5 on Southern Pacific Transportation
Company Station map; thence southwesterly at right angles to said
railroad right -of -way a distance of 88.00 feet more or less to a point
that is 50.00 feet from the centerline of the westward main line of
Southern Pacific Transportation Company measured at right angles; thence
southeasterly and southerly along a line 50.00 feet from and parallel
and concentric with said westward main line to a point on the westerly
line of Southern Pacific Transportation Company, Parcel No. 159 as
described in that certain deed recorded May 13,1953 in Book 709, at Page
498, Official Records of said County; thence South 33 °30'00" West along
said westerly line of said Parcel No. 159 to the northwest corner of
Southern Pacific Transportation Company, Parcel No. 158 as described in
that certain deed recorded December 18,1952 in Book 688, at Page 582,
Official Records of said County ; thence South 33 °30' East along the
westerly line of said Parcel No. 158 a distance of 984.20 feet to the
northwest corner of Southern Pacific Transportation Company, Parcel No.
157 as described in that certain deed recorded November 12,1952 in Book
684, at Page 266, Official Records of said County :thence South 34 °02'
East along the westerly line of said Southern Pacific Transportation
Company, Parcel No. 157 a distance of 125 feet to the southwest corner
of that parcel described in Volume 684, Page 266 in the Office of the
County Recorder, County of San Luis Obispo, State of California; thence
North 89 °09' East along the northerly line of Orcutt Road (formerly
County Road No. 34) a distance of 83.64 feet; thence North 34 °02'00"
West along the westerly line of the parcel described in Volume 850,
Page 569 a distance of 125.00 feet; thence North 33 °30'00" West along
the easterly line of said Southern Pacific Transportation Company,
Parcel No. 158 a distance of 1050.712 feet to the southeasterly line of
Lot 27 of the Orcutt subdivision as recorded in Book 1, Page 19 of
Record of Surveys also being the southeast corner of said Southern
Pacific Transportation Company, Parcel No. 159; thence North 33 °30'00"
West along the easterly line of said Parcel No. 159 a distance of 387.01
feet to the northerly line of Lot 27 of the Orcutt Road Subdivision as
recorded in Book 1, Page 19 of Record of Surveys in the Office of the
County Recorder; thence continuing North 33 °30'00" West along the
easterly line of Southern Pacific Transportation Company, Parcel No.
160, as recorded in Volume 711, Page 576 of Official Records, a distance
of 100.00 feet to a point; thence North 47 °33'15" West a distance of
332.024 feet to the north most corner of said Parcel No. 160, also being
the southeast corner of Southern Pacific Transportation Company, Parcel
No. 117 as described in that certain deed recorded October 25,1926 in
Book 19, at Page 207, Official Records of said County ; thence
northwesterly along the easterly line of said Parcel No. 1.17 a distance
of 839.51 feet to the northeast corner of said Parcel No. 117 also being
the most northerly corner of Lot 1, Block L of the Maymont addition to
the City of San Luis Obispo, State of California, as recorded in Book B,
Page 91 of maps; thence North 62'53'07" West a distance -of 7-3.50-feet to
a point on the westerly right -of -way line of Boulevard del Campo, said
point being the point common to Lots 16 and 17 in Block K and the
easterly right -of -way of Lorraine Terrace; thence continuing North
65 °50'00" West a distance of 238.7 feet to a point on the easterly line
of Lot 17, Block J and the right -of -way of Lorraine Terrace; thence
northerly along the easterly line of Lots 17, 18, and 19, Block J and
the right -of -way of Lorraine Terrace to a point common to said right -of-
way and Lots 19 and 20; thence along the dividing line of Lots 19 and 20
a distance of 155.3 feet to the point common to Lots 11, 12, 19, and 20;
thence northerly along the dividing line of Lots 11 and 20 to the point
common to Lots 10, 11, 20 and 21; thence westerly along the dividing
line of Lots 10 and 11 a distance of 153.4 feet to the easterly right -
of -way line of Lorraine Terrace; thence continuing westerly along the
extension of the dividing line between Lots 10 and 11, Block J to a
point common to Lots 10 and 11, Block I and the westerly right -of -way
line of Lorraine'Terrace; thence northerly along the westerly right -of-
way line of Lorraine Terrace and the easterly line of Lots 4, 5, 6, 7,
8, 10 of Block I to the point common to Lots 4 and 20 and the westerly
right -of -way of Lorraine Terrace; thence westerly along the line common
to Lots 3, 4, 19, and 20 a distance of 188.8 feet to the POINT OF
BEGINNING.
Containing 13.89 ± acres.
GOVERNMENT CODE 27361.7
I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEALS ON THE DOCUMENT
TO WHICH THIS-STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY: Lk 1 0.Ci
NAME OF COUNTY: 0 Vr, (Z (x nc, Szc-
DATE COMMISSION EXPIRES: (p-
COMMISSION NUMBER: /O 5? 3(n"1
NAME. OF NOTARY : l i a 1-\ y-„ p - si NA ]a
NAME OF COUNTY:
DATE COMMISSION EXPIRES a -9
COMMISSION NUMBER: fn 1
DATE: —S),R - 9 J
LOCATION: SAN LUIS OBISPO,CA.
FIRST AMERICAN TITLE INSURANCE COMPANY
signature of person making verifica on
END OF DOCUMENT