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HomeMy WebLinkAboutD-1532 24� water transmission main through Cal Poly Recorded 01/16/2001n TLR No. 396 -06 RECORDING REQUESTED BY: The Trustees of The California State University WHEN RECORDED MAIL TO: The California State University 401 Golden Shore, Room 228 Long Beach, California 90802 -4210 * i °' Doc NO: 2001 - 002760 Rpt No: 00003556 1 Official Records ;NF -1 0.00 San Luis Obispo Co. Julie L. Rodewald Recorder Jan 16, 2001 Time: 15:17 ` !J ;TOTAL 0:00" - SPACE ABOVE THIS LINE FOR RECORDER'S USE - AGREEMENT AND GRANT OF EASEMENT This Agreement and Grant of Easement is entered into by and between the Trustees of The California State University, hereinafter called Trustees, and the City of San Luis Obispo, hereinafter called Grantee. Trustees, pursuant to the provisions of Section 89048 of the California Education Code, and in consideration of the mutual promises contained herein and the public benefit provided, hereby grant unto Grantee, its successors and assigns, an easement, to construct, maintain, operate, reconstruct, repair, remove, and replace a water •transmission /distribution main, communications conduit, and associated accessories and appurtenances under, along, and through that certain real property described on Exhibit "A ", attached hereto . and by this reference made a part hereof. THE PROVISIONS ON THE REVERSE SIDE HEREOF CONSTITUTE A PART OF THIS AGREEMENT AND GRANT OF EASEMENT. Dated �6: COQ APPROVED: CITY OF SAN LUIS OBISPO By / Print Name: ,e_�22 &d-MW, i9 N Print Title: -/�• r V 7.eti� APPROVAL RECOMMENDED: ALIFORNIA POLYTECHNIC STATE UNIVERSITY, SAN LUIS OBISPO APPROVED: TRUSTEES OF THE CALIF RNIA STATE UNIVERSITY By J. Patrick Drohan Assistant Vice Chancellor . Capital Planning, Design & Con'struction AID TLR No. 396 -06 PROVIDED, this Agreement and Grant of Easement is subject to the following terms and conditions: 1. This Grant of Easement is subject to existing contracts, leases, licenses, easements, encumbrances, and claims which may affect said real property and the use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee agrees that any improvements or other property installed under the authority of this Easement shall be well and safely maintained by Grantee at all times while this Grant of Easement is operative. 3. Except for emergencies, Grantee shall provide to Trustees adequate advance written notice of its entering the easement, and coordinate with Trustees all authorized activity in the easement in a manner agreeable to Trustees. 4. Grantee waives all claims against Trustees, its officers, agents, and employees, for loss or damage caused by, arising out of, or in any way connected with the exercise of this Easement, and Grantee agrees to save harmless, indemnify, and defend Trustees, its officers, agents, and employees, from any and all loss, damage or liability which may be suffered or incurred by Trustees, its officers, agents, and employees caused by, arising out of, or in any way connected with exercise by Grantee of the rights hereby granted, except those arising out of the sole negligence of Trustees. 5. Trustees reserve the right to use said real property in any manner, provided such use does not unreasonably interfere with Grantee's rights hereunder. 6. Trustees reserve the right to require Grantee, at Trustees' expense, to remove and relocate all improvements placed by Grantee upon said real property, upon determination by Trustees that the same interfere with future development of Trustees' property. Within 180 days after Trustees' written notice and demand for removal and relocation of the improvements, Grantee shall remove and relocate the improvements to a feasible location on the property of State, as designated by Trustees and Trustees shall furnish Grantee with an easement in such new location, on the same terms and conditions as herein stated, all without cost to Grantee, and Grantee thereupon shall reconvey to Trustees the Easement herein granted. 7. This Easement shall terminate in the event Grantee fails for a continuous period of 18 months to use the Easement for the purposes herein granted. Upon such termination, Grantee shall forthwith upon service of written demand, deliver to Trustees a quitclaim deed, to its right, title and interest hereunder, and shall, on Trustees' request, without cost to Trustees and within 90 days from written demand by Trustees remove all improvements or other property placed'by or for Grantee upon Trustees' real property and restore the premises as nearly as possible to the same condition they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request, Trustees may do so at the risk of Grantee, and all costs of such removal and restoration shall be paid by Grantee upon demand. Exhibit A Agreement and Grant of Easement TLR 396 -06 Description for 24" Water Transmission Main through Cal Poly A strip of land ten (10) feet wide through the California Polytechnic State University, San Luis Obispo property for the purpose of constructing, maintaining, operating, reconstructing, repairing, removing and. replacing a water transmission/distribution main, communications conduit, and associated accessories and appurtenances, situated in Sections 15, 22 and 23, Township 30.South,.Range 12 East, M.D.B.M., County of San.Luis Obispo, State of California. Said scrip of land is bounded on the south by the City of San Luis Obispo city - limit line and bounded on the north by the County right -of -way known as Stenner Creek Road The Basis of Bearing for this easement is the northerly boundary of the tract known as California Park as shown on Sheet 2 of the Record of Survey filed in Book 20, Page 59 of Licensed Surveys, San Luis Obispo County Recorder's Office, with a bearing noted as N 67 °21'51 "E, said boundary line also being the City of San Luis Obispo city - limit line. The centerline of the above strip of land is described as follows: Beginning at the most westerly corner of Lot 27 of the tract known as California Park, as shown on Sheet 2 of said Record of Survey, thence S67 921'51 "W along said northerly boundary and city -limit line a distance of 57.01' to a point of intersection with a curve concave to the northeast having a radius of 2191.54', the radial to said curve at said, intersection bears S64'5 1'47"W, said intersection being the True Point of Beginning; thence northerly along said curve a distance of 93.34 feet through a central angle of 2 °26'25 "; thence N21 °37' 19 "W a distance of 82.08'; thence N17 °58'37 "W a distance of 136.88'; thence N14'25'1 6"W a distance of 137.01'; thence N10 °50'20 "W a distance of 419.56'; thence N10'21', 187W a distance of 726.08';.., thence N11 °51'57 "W a distance of 33.04'; thence N16 °05'41 "W a distance of 179.25'; thence N14 °12'45 "W a distance of 152.00'; . thence N10 029'46 "W a distance of 297:48'; thence N1 1'08'25"W a distance of 68.47'; thence N85 °19'00 "W a distance of 9.14% thence N11 °08'24 "W a distance of 39.40'; thence N68 °29'24 "W a distance of 140.07'; thence S77 °38'24 "W a distance of 95.55'; thence N52 °.38'55 "W a distance of 181.96'; thence N30'3 1'46"W a distance of 836.71'; thence N28 °20'26 "W a distance of 249.84'; Page 1 Exhibit .A Agreement and Grant of Easement TLR 396 -06 thence N18 °02'29 "W a distance of 303.81'; thence N19 °07'06 "W a distance of 117.36'; thence N18 °10'41 "W a distance of 977.12' thence N25 °43'21 "W a distance of 81.03'; thence N52 °36'01 "W a distance of 55.85%. thence N62 °42'29 "W a distance of 641.80'; thence N62 °42'48 "W a distance of 316.82'; thence NDZ6 12`35''W a distance of 547.18' thence N71 '39'1 5"W a distance of 188.98'; thence N69 °25'20 "W a distance of 153:50'; thence N85 °18'36 "W a distance of 60.14'; thence S84 °43'33 "W a distance of 43.42; thence S77 °48'29 "W a distance of 85.79'; thence S87 °43'54 "W a distance of 66.23'; thence N49° 10'47 "W a distance of 45.84'; thence N38 °12'55 "W a distance of 25.41'; thence N34 °37'56 "W a distance of 32.85' thence N22 °45'24 "W a distance of 40.64'; thence N22 °07'25 "W a distance of 39.13'; thence N22 °38'44 "W a distance of 22.97'; thence N26'03'47 "W a distance of 19.50'; thence N27° 17'32 "W a distance of 25.59'; thence N72° 17'33 "W a distance of 493.00' to a point which intersects the easterly right-of- way of Stenner Creek Road, ,said point being 7.3' ± southerly from the Northwest corner of the Se» *.:east Qi--er of the South �-est�qua* ter of-Sect:on;15; Township 30:0'ouflh; Range 12 East M.D.M. Excepting therefrom any portion of said 10' strip of land that lies within the "SOUTHERN PACIFIC RAILROAD CO. R/W PER 11 -61 DD ", as shown on Sheet 2 of said Record of Survey. This description was prepared by Bridget O. Fraser under the supervision of Wayne A. Peterson, R.C.E. 18598 (expires 6/30/2001), City Engineer, City of San Luis Obispo, pursuant to Business and Professions Code 8730(b)(1). Page 2 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT personally appeared Name and Title oliOfficer (e.g., "Jane Doe, NTry Public") / Name(skO Signer(s) L/"rsonally known to me – OR – ❑ proved to me on the basis of satisfactory evidence to be the person( whose name(* is/are-subscribed to the within instrument and acknowledged to me that he /sheAl4ey executed the same in his /heOtheir authorized capacity(11a4}, and that by LEE PPJCE his /heFAheir signature(s� on the instrument the person(), Commission # 122D447 or the entity upo .behalf of which the perso*) acted, Notary PublIC - CarfarniK3 r executed the in rument. San Luis Obispo County My Comm.bq*m b,21,20Q3 WITNESS my h and al s I 1 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 D cement. Title or Type of Document: % Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by_ Signers) A Siggnner's Name: ividual !j rporate Officer(2 " Title(s): ❑ Partner - ❑ Limited ❑ General • Attorney -in -Fact • Trustee • Guardian or Conservator ❑ Other; Top o"thumbhere Signe is Representing: Signer's Name: ❑ Individual ❑ Corporate Officer . Title(s): ❑ Partner — 0 Limited ❑ G ❑ Attorney -in -Fact L7 Trustee ❑ Guardian or Conse for ❑ Other: Signer Is Repfesenting: RIGHT THUMBPRINT OF SIGNER of thumb here ® 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876 -6827 w �= r CitV Uler , <<' ••�, , —.. �`s' -fit` CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by California Polytechnic State University, San Luis Obispo dated January 5, 2001 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: 115101 i v P�1 CITY OF SAN LUIS OBISPO By. - - -- - Allen K. Settle, Mayor 0 0 ALL- PURPOSE ACKNOWLEDGMENT F 0 '• State of Calif nia C�/j Cou o DQd� SS. ' On before me, ' p nally armeArid SIGNER(S) • personally known to me - OR- ❑ proved to me on the basis of satisfy evidence to be the person(s) whose m ' is /are subscribed to the within instrume: • acknowledged to me that he/she /they exi the same in his /her /their authc OMy GWENDOLYN SMITH Comm. # 1184048 NOTARY PUBLIC • CALIFORNIA Los Angeles County / Comm. Expires May 18, 2002 OPTIONAL The information below is not required by law. Howe edgment to an unauthorized document. CLADIED BY SIGNER (PRINCIPAL) E IVIDUAL 'CORPORATE TITLES) . i story • me(s) ! it and I scuted I rized capacity(ies), and that by his /her /their I signature(s) on the instrument the person(s), or the entity upon behalf of which the I person(s) acted, executed the instrument. s WITNESS my hand and official seal. ' /-T-R N R YrGNANRE TIO ( d prevent fraudulent attachment of this acknowl- ' • DESCRIPTION OF ATTACHED DOCUMENT ' • I =r R TYPE OF DOCUMENT '❑ PARTNER(S) . ❑ ATTORNEY -IN-FACT • ❑ TRUSTEE(S) I • ❑ GUARDIAN /CONSERVATOR ' ❑ OTHER: • I • RIGHT SIGNER IS REPRESENTING: OF 1 NAME OF PERSON(S) OR EMMY(IES) SIG • �• ®• ®• -• -• ®ice• ®• �•�•�• ®• APA 5/97 VALLEY - SIERRA, 800 -362 -3369 NUMBER OF PAGES , • DATE OF DOCUMENT ! 1 OTHER • I m • ITHUMBPRINT t 'C • 6 a I SIGN] 0 a • END OF DOCUMENT T THE C AL ORNIA STATE UAVERSITY . :;'o = _ < BAKERSFIELD • CHANNEL ISLANDS • CHICO • DOMINGUEZ HILLS FRESNO • FULLERTON HAYWARD HUMBOLDT �•ITAS LONG BEACH • LOS ANGELES • MARITIME ACADEMY • MONTEREY BAY • NORTHRIDGE • POMONA • SACRAMENTO SAN BERNARDINO • SAN DIEGO • SAN FRANCISCO • SAN JOSE • SAN LUIS OBISPO • SAN MARCOS • SONOMA • STANISLAUS OFFICE OF THE CHANCELLOR TELEPHONE: (562) 951 -4135 To: Mr. Robert Kitamura Director for Facilities Planning Cal Poly San Luis Obispo i From: Linda M. Wilson Land Records Specialist Capital Planning, Design and Construction Subject: Distribution of Recorded Document Agreement and Grant of Easement; TLR No. 396 -06 Water Transmission to City of San Luis Obispo E -MAIL: lwilson@calstate.edu FAx: (562) 951 -4923 Date: January 24; 2001 kN14-0 The subject document was recorded on January 16, 2001, as Document No. 2001 - 002760. Attached is a copy for your files. By way_of copy of_this memo the _original_recorded document _will -be_transmitted- to-Mr. John-DgW, City= Admini "sfrafi�e Officer for -tYie =City -of =Sari Luis Obisp —o: Please let me know if I can be of any further assistance regarding this matter. cAttachments-, cc: Mr. J51u Dunn, Mr. Roger Jaeckel (w /o attachments) Mr. Charles, H. Happe 401 GOLDEN SHORE, LONG BEACH, 90802 -4210 INFORMATION: (562) 951 -4136 �15�)