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Home My WebLink AboutD-1583C 2500 Miossi Road - 073-341-024 Recorded 06/24/2003Pecnriling.requested by: • � _. CITY OF SAN. LUIS OBISPO When recorded, mail this agreement to: City Clerk's Office 990 Palm Street San Luis Obispo, CA 93403 -8100 (for Recorder's use only) JULIE RODEWALD SK San Luis Obispo County— Clerk/Recorder 6124/2003 Recorded at the request of 11:14 AM Public ` Doc #: 2003068047 Titles: 1 Pages: 8 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 PERMANENT WATERLINE EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this day of / ' , 2003 by and between the City of San Luis Obispo, a municipal corporation, hereinafter referred to as "City ", and Harold J. Miossi, Geraldine F. Powell; Bernard E. Miossi, Margaret A. Emerson, and Arthur G. Miossi, hereinafter referred to as "Owners ". The subject properties are located in and adjacent to the City limits of the City of San Luis Obispo, California, at: 2500 Miossi Road. WITNESSETH: WHEREAS, City is planning a project to replace an existing waterline that connects an existing potable water storage reservoir to the public water distribution system serving the City of San Luis Obispo; and WHEREAS, Owners possess certain real properties situated along the desired route of said water pipeline project; and WHEREAS, City desires to acquire an easement on, in, and across said real properties for public waterline purposes. NOW, THEREFORE, it is mutually agreed by the parties hereto as follows: 1. Owners hereby grant to City an easement over. that portion of the real property described as Parcel 8, in the Joint Certificate of Compliance recorded with the County of San Luis Obispo on April 30, 1998, in Document Number 1998 -025030, hereafter called "Subject Properties ". Said grant of easement conveys to City an estate and interest in that portion of the Subject Properties as described in Exhibit A, and as illustrated in Exhibit B, attached hereto and made. a part of this agreement. The easement is for the purpose of waterline construction, installation, operation, access; maintenance, repair, upgrade, replacement, and other related activities. Maintenance activities could include efforts to control erosion caused by the existence of the waterline. City also plans to install a 2" communications conduit along with the new waterline, for City use only, to monitor, operate, and control certain equipment related to the water system. 2. The City hereby agrees to pay Owners the sum of thirty thousand dollars ($30,000) for said easement. Payment shall be made within ihirty (30) days after the recordation of this easement agreement. p��`3 C • • 3. This easement is non -exclusive. Owners retain all other rights to the property covered by this easement and can utilize the property for any purpose, so long as it does not unreasonably interfere with the City's ability to access, operate, or maintain the waterline. 4. This easement shall be permanent, so long as the City continues to use the easement. for water distribution related purposes. In the event that City determines or the owners can establish to the satisfaction of the San Luis Obispo County Superior Court that the easement is no longer needed for the public waterline, or if the City does not utilize the easement for water distribution related purposes for a period of five years, City shall execute a quitclaim deed of any such rights or interests in said easement. 5. The City will restore the surface of any disturbed areas to as near the pre-construction condition as possible. The City, at its discretion, may place asphalt over any excavation that is outside of the old concrete road. 6. The City shall, at all times, have the right to access that portion of Subject Properties known as "California State Highway Route 2 -D" or " Miossi Road ", which is currently a private road, for any purpose connected with the operation or maintenance of the waterline (inspection, testing, repairs, replacement, maintenance, emergency work, etc.) and the exercise of any and all rights secured to it by this agreement and as provided by law. 7. The terms contained herein shall be binding on the parties hereto and their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. Approve cont t: By: E. Moss, Utilities Director Approved as to form: _ _ _ P. L_ owell, City Attorney CITY OF SAN LUIS OBISPO, A Municipal Corporation: By: �, ;11 � David F. Romero, Mayor Owners: .d By: Apn_azlz' . I �9 e e — Geraldine F. Powell By 24 A-Qdt Bernard E. Miossi MargarelK. Emerson By: Arthur G. Miossi Page 2 Exhibit A Description of Waterline Easement An eight (8') foot wide permanent easement and 40 foot wide temporary construction easement for the purpose of constructing, maintaining, operating, reconstructing, repairing, removing and replacing a water transmission/distribution main, City communications conduit, and associated accessories and appurtenances, situated within the Southeast ' /a of the Southwest ' /a and the Southwest 1/a of the Southeast 1/4 of Section 24, Township 30 South, Range 12 East M.D.B.M. Said strip of land is bounded on the Southwest by City right of way known as Loomis Street and bounded on the northeast by a parcel of land conveyed by Frank Tate to the City of San Luis Obispo by deed dated December 2, 1910. Said strip of land is contained within the boundaries of the abandoned California State Highway Route 2 -D right -of- way. The Basis of Bearing for this easement is the Southeasterly right -of -way line of the old California State - Highway Route 2 -D, between Engineering Stations 22 +99.62 and 27 +50.00 noted as S59 °56'30 "W on the Record of Survey filed in Book 5, Page 98 of Licensed Surveys, San Luis Obispo County Recorder's Office. The centerline of said easement is. described as follows: Beginning at a point on said southeasterly right -of -way line, said point noted as "C.H.0 Eng. Sta. 22 +99.62" on said Record of Survey, thence, from a tangent which bears S59 °56'30 "W, along a curve to the left having a radius of 228.60 meters (750 feet), through and angle of 15 °08'23 ", a distance of 60.40 meters, (198.16 feet) more or less, to a point which intersects a projection of the northerly right -of -way line of the old County Road No. 1 having a bearing of N89 °50'00 "W; thence N89 °50'00 "W a distance of 16.40 meters (53.81 feet), more or less, along said projection to a point , said being the True Point of Beginning; Thence, N 10'5 F 33E a distance of 14.03 meters (46.03 feet); Thence, from a tangent which bears N44 °49'42 "E, along a curve to the right, concentric- with and 4.27 meters (14 feet) to the left of the centerline of said old State Highway, with a radius of 248.11 meters (814 feet), through and angle of 15 °06'48 ", a distance of 65.45 meters (214.73'); Thence, continuing along a line parallel to said highway centerline, N59 °56'30 "E a distance 224.64 meters (737.01 feet); Thence, along a curve to the eight, concentric to said highway centerline, with a radius of 309.07 meters (1,014 feet), through an angle of 46 °15'23" a distance of 249.52 meters (818.64 feet); Thence, S28 032'34 "E a distance of 12.17 meters (39.93') to a point 4.27 meters (14') to the right of said old State highway centerline; Thence, S72 °36'30 "E, along a line parallel to and 4.27 meters (14') to the right of said old State Highway centerline, a distance of 231.58 meters (759.78') more or less, to a point on the westerly most boundary line of the parcel described under Part III in the deed from Frank Tate to the City of San Luis Obispo recorded in Book 87 of Deeds at page 191, running between stakes R.13 and R.14 having a course described as "thence N24 °45' W 199.8 feet to stake R. 13" said point being the terminus of the centerline of said easement. �� F n The sidelines of said easement are foreshortened or lengthened so as to terminate at the intersections with the northeasterly and southwesterly boundaries. Nr �, D r a f t `�' C/ VI ' Page 3 J►r 0�; Iti�i� ,low Row O� r� s�sCo OS �g�i FFps � ZIP 0 F' gi A> > .o�� • ts DILL` OIL CP / OLD STATE HWY RT. 2 —D ROW / (Aquisition 64 OR 1) `41 / (Abandoned 487 or 404) CENTERLINE OF PROPOSED 2.44M (8') WIDE WATERLINE EASEMENT LENGTH= 797.39 M (2,616.1 LF) AREA= 1,944.4 M2 (0.48 ACRES) °1 OLD STATE HWY RT. 2 —D ROW iy �� Q� (Aquisition 64 OR F' (Abandoned 487 or 404) i by h � Jg•/ / E`�p o°J 4.27m (14'•) / r!. R= 248.11m (814') < =15'06.48' L= 65.45m (214.73 N10.51'33'E I 14.03m (46.037 L'9 X' 1� .o N89'50' 'W /�6 16.40m (05g`.1�1')� TRUE PT OF ° BEGINNING AA4(rCf � r` 5�� X14) GRAPHIC S (0116[! 10 ZO 40 B BO 100 1:3000 APR 2003 B IIIII�II��IIII�IIIIIII��IIII II �IIIIIIIIII C1ti Of RESERVOIR NO.1 WATERLINE j SwI t"IS OBIS O MIOSSI EASEMENT Public Works Department EXHIBIT B PAGE 4 955 Morro Street, Son Luis Obispo, CA 93402 °'0 ri i r pI�GJ'c� Y N / � % POINT OF BEGINNING O% L'9 X' 1� .o N89'50' 'W /�6 16.40m (05g`.1�1')� TRUE PT OF ° BEGINNING AA4(rCf � r` 5�� X14) GRAPHIC S (0116[! 10 ZO 40 B BO 100 1:3000 APR 2003 B IIIII�II��IIII�IIIIIII��IIII II �IIIIIIIIII C1ti Of RESERVOIR NO.1 WATERLINE j SwI t"IS OBIS O MIOSSI EASEMENT Public Works Department EXHIBIT B PAGE 4 955 Morro Street, Son Luis Obispo, CA 93402 Owners Notarization State of California } County of San Luis Obispo) 'T On tCA1Y4,( 03, before me, &I v - ffaA) , Notary Public, personal) appeared h �'- Mi o s,c i , ( ) personaliq known to me or ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name is /are subscribed to the within instrument and acknowledged to me that (&)he/ — executed the same in his /her/ Wr capacity(tes), and that by his / hetr signature(s) on the instrument the person(* or the entity upon behalf of which the person acted, executed the instrument. it ss my hand a .� icial seal. S COMM 01308528 NOTARY PUBLIC ,� • Nofafy Public - / `..� . CAUFOFM . r ��. Capacity claimed by signer(s): ()Q individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency Owner's Notarization State of California } County of San Luis Obispo) On June 9 , 2003, before me, Charles G. Kirschner , Notary Public, personally. appeared Harold 14i-ossi , ( y) personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that (s)he /they executed the same in his /her /their 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 acted., executed the instrument. Wit ness my hand and official seal. ^ �.J_,� _Cn - ALL/ T 900Z'B�tvW ALN=0 069 ldk� 190 SIM 14V% ).00 Notary ublic U vlNnodl`�do- �Ii9ndA�,,._,• � n rY 0 sveoge I. # Capacity claimed by signer(s): ( individual(s) () corporation () partnership () attorney -in -fact () political agency CHARLES G. KIRSCHNERI 0 _ - COMM. #1350845 NOTARY PUBLIC -CALIFORNIA 0. BAN LUIS OBISPO COUNTY My Comm, Bupires Mays, 2006 1 Page 5 C� State of California } County of San Luis Obispo } Owner' s Notarization On (o/ .l 1 , 2003, before me, Oncay1 es G . 1: \.r S c Xw\a/- , Notary Public, personally appeared A r kVQ\ ' 6 . i1 wa s s � , ( ) personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name is /are subscribed to the within instrument and acknowledged to me that (s)he /they executed the same in his /her /their 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 acted, executed the instrument. Witness my hand and official seal. ,R-4 -C)) Notary Public Capacity claimed by simer(s): (Y,) individual(s) ( ) corporation ( ) partnership State of California } County of San Luis Obispo} CHARLES G. KIRSCHNE U - COMM. #135084!3 NOTARY PUBLIC . CALIFORNIA A SAN LUIS OBISPO COUNTY My Comm. Expires May 0, 2000 ) attorney -in -fact ( ) political agency Owner's Notarization On Co / > \ , 2003, before me, 6 K \rsc v\Y\eV, Notary Public, personally appeared Ge,rG.l caw\ e, F personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the person(s) whose name is /are subscribed to the within instrument and acknowledged to me that (s)he /they executed the same in his/her /their 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 acted, executed the instrument. Witness my hand and official seal. rl Notary Public Capacity claimed by signer(s): T CHARLES G. KIRSCHNERI V _ COMM. #1350845 - NOTARY PUBLIC -CALIFORNIA n SAN LUIS OBISPO COUNTY I My Comm. Expires May 9, 2006 i (A.) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency Page 6 State of California } County of San Luis Obispo) Owners Notarization 0 On V � \ , 2003, before me, G. K �r.�cllnv.e/ , Notary Public, personally appeared re. , ( ) personally known to me or ( ) proved to me on the b is of satisfactory evidence to be the person(s) whose name is /are subscribed to the within instrument and acknowledged to me that (s)he /they executed the same in his /her /their 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 acted, executed the instrument. Witness my hand and official seal. Notary Public Capacity claimed by signer(s): (� individual(s) () corporation () partnership () attorney -in -fact () political agency City's Notarization State of California } County of San Luis Obispo } On �2 2,� , 2003, efore me , Notary Public, personally appeared C� 1�-�/� , ( personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the personM whose name(s) is /are subscribed to' the within instrument and acknowledged to me that (ijhe /they executed the same in his /herAheir capacity(i *, and that by his / the k signature(* on the instrument the person( or the entity upon behalf of which the person(%)cacted., executed-the instrument. Witn s y a an offkfal seal: �h con nbMn # 1413= NoWV P0111c - Cai1100ft 8m► Ws CbkW ca * Notary P blic Wp�.60„ "Vi, - F4_0 Capacity claimed by signer(s): ( ) individual(s) corporation () partnership () attorney -in -fact () political agency Page 7 CHARLES G. KIRSCHNERI V COMM. #1350845 (� NOTARY PUBLIC -CALIFORNIA o SAN LUIS OBISPO COUNTY l My Comm. Expires May 9, 2006 i (� individual(s) () corporation () partnership () attorney -in -fact () political agency City's Notarization State of California } County of San Luis Obispo } On �2 2,� , 2003, efore me , Notary Public, personally appeared C� 1�-�/� , ( personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the personM whose name(s) is /are subscribed to' the within instrument and acknowledged to me that (ijhe /they executed the same in his /herAheir capacity(i *, and that by his / the k signature(* on the instrument the person( or the entity upon behalf of which the person(%)cacted., executed-the instrument. Witn s y a an offkfal seal: �h con nbMn # 1413= NoWV P0111c - Cai1100ft 8m► Ws CbkW ca * Notary P blic Wp�.60„ "Vi, - F4_0 Capacity claimed by signer(s): ( ) individual(s) corporation () partnership () attorney -in -fact () political agency Page 7 • • GOVERNMENT CODE 27361.7 I certify under the penalty of perjury that the notary seal on the document to which this statement is attached reads as follows: Name of Notary Name of County 5,4t4 Ut es _ Oscsf,D Date Commission Expires M ptY 2 i Z001 Commission# Signature of person (firm name if any) making verification Date o� A Vc3 Location 5 N LuLs dL&csPa (City) State of On END OF DOCUMENT