Loading...
HomeMy WebLinkAboutD-1500 003-651-010 Railroad Bike Path Recorded 10/06/1999recording requested 1�, . FIRST AMERICAN TITLE INS. CO. WHEN RECORDED MAIL TO: City of San Luis Obispo 955 Morro St. San Luis Obispo, CA 93401 Attn: Michael McCluskey Director of Public Works MAIL TAX STATEMENTS TO: (exempt) A.P.N. 003 -651 -010 -46 Doc No: 1999 ®071016 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Oct 06, 1999 Time: 0811:00 �I Cl,'iginal Rpt No: 000883831 NF -1 0.00 � I ,TOTAL 0.00 (Space above line for Recorder's use only) FILED ' FEE PAID EXEMPT CUT OF STATE CORPORATION GRANT DEED 1573 -58 1573 -59 FOR VALUE RECEIVED, UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ( "Grantor "), formerly known as Southern Pacific Transportation Company, a Delaware corporation, grants to CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California ( "Grantee "), all of its right, title, and interest in and to that certain real property (the "Property") situated in San Luis Obispo, San Luis Obispo County, State of California, and as more particularly described in Exhibits A -1 and A -2, hereto attached and hereby made a part hereof. RESERVING unto the Grantor, its successors and assigns, a PERPETUAL EASEMENT on, along, over and across the property described in Exhibit B, hereto attached and hereby made a part hereof, to be used by Grantor, its successors, assigns and invitees, as a means of ingress and egress to Grantor's property located south and east of High Street. EXCEPTING AND FURTHER RESERVING UNTO GRANTOR, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered underlying the Property, including, without limiting the- generality of the foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon or using the surface of the Property, and in such manner as not to damage the surface of the Property, or to interfere with the use thereof by Grantee, its successors or assigns. G: \LAWADM\ PAR \JML \1573- 58,59.CGRA=EED.DOC 1 NITO06 r THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO: A. All liens, encumbrances, easements, covenants, conditions and restrictions of record; B. All matters which would be revealed or disclosed in an accurate survey of the Property; C. All matters which were revealed or disclosed by the physical inspection of the Property; excluding subsurface investigations of the Property. D. A lien not yet delinquent for taxes for real property and personal property, and any general or special assessments against the Property; E. Zoning ordinances and regulations and any other laws, ordinances, notices,. orders and other governmental regulations and restrictions affecting the use, occupancy or enjoyment of the Property, and amendments and additions thereto, now or hereafter in force or effect; F. Licenses and easements, if any, for public utilities; and G. All known notices, orders or violations of any city, county, state or federal office, department, or authority having or purporting to have jurisdiction, filed against or affecting the Property or any part of the Property, or a lien thereon or noted in the records of any such office, department or authority; or any such notices, orders, violations, or liens hereafter caused by Grantee. Grantor, Federal ID No. 94- 6001323, is not a foreign corporation and withholding of Federal Income Tax from the amount realized will not be made by Grantee. A Certification prepared in conformance with IRS regulations under Section 1445 of the Internal Revenue Code is attached as Exhibit C. IN WITNESS WHEREOF, the undersigned Grantor has executed this Grant Deed this _ day of3ee1?Y218jE@ , 19'1 F-11 UNION PACIFIC RAILROAD COMPANY By Its: Assistant Vice President FA isfarf Secretary G. \LAWADM \PAR \SML \1573- 58,59.CGRANTDEED.DOC UNION PACIFIC RAILROAD COMPANY By Its: Assistant Vice President FA ACKNOWLEDGMENT STATE OF NEBRASKA ) ss. COUNTY OF DOUGLAS ) On this'Z8 day of 7 19, before me cam. a Notary Public in and for said County and State, personally appeared [z. z. L", H r-v" and H. E - 9EF-QA;tj who are the A-Q P R w— eb i. ' and the Assistant Secretary, respectively, of Union Pacific Railroad Company, a Delaware corporation, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. M Notary Public (Seal) G, \LAWADM \PAR \JML \1573- 58,59.CaU=EED.DOC 3 UNION PACIFIC RAILROAD COMPANY a San Luis Obispo, San Luis Obispo County, California EXHIBIT "A -1" A parcel of land lying within the Ingleside Homestead Tract as shown on Map recorded in Book A at Page 132 of Maps and the Buena vista Addition to the City of San Luis Obispo as shown on Map recorded in Book A at Page 47, both maps are in the office of the County Recorder, County of San Luis Obispo, State of California more particularly described as following: Commencing at a point, being the intersection of the south line of High Street and the easterly line of Santa Barbara Street as shown on said Map of Buena Visa Addition and thence east along the southerly side of High Street to a point being at the intersection of the southerly right -of -way line of High Street and the westerly property line of Union Pacific Railroad described by an arc being 150' westerly of and perpendicular to the centerline of Union Pacific Property also being the centerline of the eastbound main line track, said point being the Point of Beginning; Thencenortherly along said Union Pacific westerly property line continuing along said arc being 150' from said eastbound main line to its intersection with the line common to lots 6 and 7 of Block 187A of the Ingleside Homestead Tract as shown on said map, thence westerly along said lot line 5 feet more of less to the easterly line on Santa Barbara Street as shown on said map, thence northerly along the easterly line of Santa Barbara Street to its intersection with the southerly right -of -way line of Morro Street extended also being the southerly property line of that property described as Parcel `B" deeded to the City of San Luis Obispo recorded December 30, 1985 in Book 2786,.Page 550 of Official Records in the Office of the County Recorder; Thence easterly and northerly along the southerly and easterly property line of said "Parcel B" to its point of convergence with an arc being 25 feet westerly from and perpendicular to the centerline of the eastbound main line track of the Union Pacific Railroad; Thence southerly along said arc, being 25 feet westerly of and perpendicular to said eastbound main line to its intersection with a switch for the toolspur teamtrack, said switch being 95 feet more or less northerly of the south line of High Street as measured along the centerline of said eastbound main line; Thence southerly along an arc, being 25 feet westerly of and perpendicular to said toolspur teamtrack, to its intersection with the southerly right -of -way line of High Street; Thence westerly along the southerly right -of -way of High Street to its intersection with an arc, being 150' westerly and perpendicular to the eastbound main line of the Union Pacific Railroad, also being the Point of Beginning. Containing 1 ] 0,731 square feet +. UNION PACIFIC RAILROAD COMPANY San Luis Obispo, San Luis Obispo County, California EXHIBIT "A -2" A parcel of land lying within the Ingleside Homestead Tract as recorded in Book A at Page 132 of Maps and the Buena Vista Addition Tract as recorded in Book A at Page 47 of Maps in the office of the County Recorder, County of San Luis Obispo, State of California more particularly described as following: Commencing at the point of intersection of the center line of Ella Street with the centerline of Osos Street as shown on the Buena Vista Addition Tract Map; thence along the centerline of Osos Street N 36° 53' 00" W a distance of 293.0 feet; thence S 53° 07' 00" W a distance of 30.0 feet to the Point of Beginning; Thence from said point of beginning S 18° 09' 59" W a distance of 4.23 feet; thence along a curve concave to the east having a radius of 472.96 feet through a central angle of 12° 06' 35" an arc length of 99.96 feet; thence along a curve concave to the east having a radius of 660.77 feet through a central angle of 08° 39' 53" an arc length of 99.93 feet; thence S 02° 36' 30" E a distance of 20.48 feet, thence along a curve concave to the east having a radius of 377.19 feet through a central angle of 11 ° 20' 27" an arc length of 74.66 feet; thence S 13 ° 56' 53" E a distance of 185.80 feet; thence along a curve concave to the east having a radius of 347.50 feet through a central angle of 09° 42' 03" an arc length of 58.84 feet; thence S 23° 39' 00" E a distance of 110.25 feet; thence S 66 °33'.31" W a distance of 29.58 feet; thence S 27° 46' 56" E a distance of 555 feet more or less to the northwesterly line Doc. No. 1995- 060294 Official Records; thence N 60° 05' 17" E a distance of 88.0 feet more or less to the Easterly line of the Union Pacific Railroad Company (formerly Southern Pacific Transportation Company) right of way; thence along said easterly right of way N 29° 54' 43" W a distance of 543.0 feet more or less; thence along a curve concave to the east having a radius of 804.93 feet through a central angle of 42° 03' 13" an arc length of 590.0 feet more or less to the southwesterly line of Osos Street; thence along the southwesterly line of Osos Street N 36° 53' 00" W a distance of 67 feet more or less to the Point of Beginning. Containing 65,470 Sq. Ft. more or less UNION PACIFIC RAILROAD COMPANY San Luis Obispo, San Luis Obispo County, California 1 , A parcel of land, being 30' in width, lying within the Ingleside Homestead Tract as recorded in Book A at Page 132 of Maps and the Buena Vista Tract Addition to the City of San Luis Obispo as recorded in Book A at Page 47, in the office of the County Recorder, County of San Luis Obispo, State of California, the centerline of said parcel being more particularly described as follows: Commencing at a point, being the intersection of the center line of High Street and the easterly line of Santa Barbara Street as shown on said Map of Buena Visa Addition and thence east along the centerline of High Street to a point being at the intersection of said centerline of High Street and an arc being 150' westerly of and perpendicular to the centerline of Union Pacific Property also being the centerline of the eastbound main line track, said point being the Point of Beginning; thence east along the centerline of said High Street to a point of intersection with an arc being 25' westerly of and perpendicular to the centerline of the toolspur team track. EXHIBIT C CERTIFICATION OF NON - FOREIGN STATUS Under Section 1445(e) of the Internal Revenue Code, a corporation, partnership, trust, or estate must withhold tax with respect to certain transfers of property if a holder of an interest in the entity is a foreign person. To inform the transferee that no withholding is required with respect to UNION PACIFIC RAILROAD COMPANY's interest in it, the undersigned hereby certifies the following on behalf of UNION PACIFIC RAILROAD COMPANY: 1. UNION PACIFIC RAILROAD COMPANY is not a foreign corporation, foreign partnership, foreign trust, or foreign estate (as those terms are defined in the Internal Revenue Code and Income Tax Regulations); 2. UNION PACIFIC RAILROAD COMPANY's U.S. employer identification number is 94- 6001323; and 3. UNION PACIFIC RAILROAD COMPANY's office address is 1416 Dodge Street, Omaha, Nebraska 68179, and state of incorporation is Delaware. UNION PACIFIC RAILROAD COMPANY agrees to inform the transferee if it becomes a foreign person at any time during the three year period immediately following the date of this notice. UNION PACIFIC RAILROAD COMPANY understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury, I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare that I have authority to sign this document on behalf of UNION PACIFIC RAILROAD COMPANY. ■ Assistant Vice President Title: G: \LAWADM \PAR \JML \1573- 58,59.CGRANTDEED.DOC a . CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED dated September 28, 1998, from U -NIO.N PACIFIC RAILROAD, a Delaware 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: October '1999. ^ Y i Clelc CITY OF SAN LUIS OBISPO By Mayor Allen Seale END OF DOCUMENT Recording Requested by: Mark Sensenbach when recorded mail to: City Engineer 955 Morro Street San Luis Obispo, CA 93401 Doc No: 1999- 071127 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Oct 06, 1999 Time: 11:15 Rpt No: 00088590 RF —1 19.00 5d _;TOTAL AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY FOR AND IN CONSIDERATION of the issuance of this revocable permit to allow an encroachment temporarily within the public right -of -way, said encroachment consisting of. 19.00 A three feet high picket fence adjacent to the existing public sidewalk. Said fence shall not extend across the property side of the driveway ramp within the public right -of- way. The undersigned owners of the real property hereinafter described, hereby covenant with the City of San Luis Obispo to remove said improvements without cost to said City upon thirty (30) days written notice, which may be given by the City at any time at its sole option and discretion. If the owner of the property described below does not remove the encroachment authorized herein when requested by the City, City may proceed to require removal under the Municipal Code nuisance provisions and to assess the cost of said removal against the real. property R described herein. Owners further acknowledge that, in the event of such removal by City, City is not liable for any damages to the encroachment or to any adjacent real or personal property. Owner further agrees to hold harmless City from any claims, suits or losses of any kind alleged to have arisen out of the maintenance or placement of said encroachment and to indemnify City for any and all costs of judgments relating to said claims, suits or losses, including attorney's fees. Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: 1. Lot 8, Block 17 in the Anholm Addition to the City of San Luis Obispo. 2. Assessors Parcel Number: 01- 014 -025 3. Commonly known as 752 Mission Street. i,7 csao � ;e, . AGREEMENT AFFECTING REAL PROPERTY Page 2 This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this� day of c , 1999_ o - gy�:(Z! A WM l Owner: Mark Sensenbzh V Owner: Aihy Sensenbach APPROVED: Public Works Director City of San Luis Obispo (Authorization - Resolution No. 3897, 1979 Series) PAMF! A K. ?;!:u(; — %Commission # 1227306 Notary Public - Ca! for nia San Luis Obispo Coun+y My Comrr.. Expires Jul 2, 2003 Attach Notary Certificate GADevRev\Streets \ ... \Mission 752 Fence Agmt.doc CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of SAN LUIS OBISPO ss. On 9/22/99 before me, PAMELA K. KING, NOTARY PUBLIC Date Name and Title of Officer (e.g.. "Jane Doe, Notary P PAMELA K. KING Commission # 1227306 Notary Public - Califamia San Luis Obispo County I&My Comm. Expires Jul 2, 2003 ,.ate.. PAM" , 2'a Commissicr _: -306 Notary Pubii,. nia San Luis My Com. . E•i.o;1 :•; J,; Z 2003 ❑ personally known to me —proved to me on the basis of satisfactory evidence to be the personV whose name is/an. subscribed to the within instrument and acknowledged to me that hei94e4h" executed the same in his /her4e+r authorized capacity(*_s , and that by his /herith,sir signature'(n�,on the instrument the personK or the entity upon behalf of which the person acted, executed the instrument. ESS my hand and offi ial s al. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ° Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 0 ss. On �J (:�'l before me4TtlC (X Date C&�ne� Name and Title of Officer (e.g., " Ye Doe, Notary Public ") personally appeared _ PAMELA K. KING IQ-0mCommission # 1' 7306 y Notary Public - Califomfa San Luis Obispo Courtly Comm. Expires Jul 2, 2003 }Z! N G Comm = Notary P z 5a is Obk,; _l �o •rY omrr. ExF.r•_s J, 7, .2pp3 Name(s) of Signer(s) ❑ personally known to me 71 proved to me on the basis of satisfactory evidence to be the personV whose nameX) is /afem subscribed to the within instrument and acknowledged to me that -heshe /thy+ executed the same in #mss /her /theO authorized capacity('tec4, and that by -+rrs /her /t#e+r signature(s`�n the instrument the personN, or the entity upon behalf of which the person�6) acted, executed the instrument. my hand and offici seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual MENUS ❑ Corporate Officer — Title(s): Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: C, 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1 -800- 876 -6827 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of � 1 .P0 ss. Ol � ` a� N �� On 1' a1 �' -1 before me, . l� LC. Date pp nn (�Nameaand, Title of Officer (e.g., "J a Doe. Notary Public personally appeared�`QA .e4._a .V . Y `����V-1 Name(s) of Signer(s) PAMELA K. KING Commission # 1227306 Notary Public - California Z San Luis Obispo County li MY Comm. Expires Jul 2.2003 '-personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person] -. whose names) isl�tre subscribed to the within instrument and acknowledged to me that he /sFie" executed the same in his / a "r4hl&it authorized capacity, and that by his /l�efft�e�r signature T*) on the instrument the personj*, or the entity upon behalf of which the person) acted, executed the instrument. ITNESS my hand and ffici I seal. C Place Notary Seal Above Signature Notary blic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: _ Capacity(ies) Claimed by Signer Signer's Name: Number of Pages: El Individual 7.1.f thumb here • Corporate Officer — Title(s): • Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: . © 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 END OF DOCUMENT