HomeMy WebLinkAboutD-1601 Victoria at Woodbridge 004-922-017 Recorded 11/26/2003•
Recording requested by:
,—CUESTA TITI.r-r : -
When recorded, mail to:
City of San Luis Obispo
Attn: Barbara Lynch
955 Morro Street
San Luis Obispo, CA 93401
,LULIE` RODALD_
San Luis Obis unty= CIerk/Recorder
Recorded at the request ot. '...
Cuesta Title Company
DOC #: 2003136323
EASEMENT DEED
(To The City of San Luis Obispo)
NR
11/26/2003
11:55 AM
Titles: 1
Pages: 7
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
No fee per Government Code 6103
No Documentary Transfer Tax per Revenue Taxation Code 11.922
FI FEE PAID EXEMPT LSTATE
APN: 004 - 922 -017
For a valuable consideration, receipt of which is hereby acknowledged,
San Luis Garbage Company, a California Corporation (hereinafter referred to as
"Grantor ")
hereby grants to THE CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter
referred to as "CITY ") and its successors and assigns:
A Permanent Utility Pipeline Easement in gross to survey, install, construct, reconstruct,
enlarge, lay, alter, operate, patrol, remove, relocate, and to replace, and maintain a public sanitary
sewer conduit, gray water lines, and utilities, consisting of one or more underground pipelines,
conduits, and related appurtenances. These related appurtenances may include but are not
limited to markers, manholes, valves, and all related incidents, fixtures, and appurtenances. This
utility pipeline easement shall be in, through, within, under, and across the Easement Area of the
Real Property as defined in this paragraph. The "Real Property" is in the City of San Luis
Obispo, County of San Luis Obispo, State of California, and is described in Exhibit "A ",
attached hereto and incorporated by reference herein. The Utility Pipeline Easement Area
(`Basement Area ") is described in Exhibit `B" and depicted in Exhibit "C ", attached hereto and
incorporated herein.
The Permanent Utility Pipeline Easement described herein shall be SUBJECT TO THE
FOLLOWING TERMS AND CONDITIONS:
1. The facilities and improvements installed in the Utility Pipeline Easement Area
collectively are referred to herein as "City Facilities." Plans for City Facilities as they exist from
time to time shall be maintained at the City's principal offices.
2. City shall have the right of ingress and egress for personnel, vehicles, and construction
equipment to, from, and along the Utility Pipeline Easement Area at any time, without prior
notice, including the right to use lanes, drives, rights -of -way, and roadways within the Real
P1601
• r . ewer /san luis garbage /easementdeed)
Property which now exist or which hereinafter may be constructed, as shall be convenient and
necessary for the purpose of exercising the rights herein set forth; provided, however, that
nothing herein shall prevent or limit Grantor's rights to close such roadways, lanes, or rights -of-
way, and to provide City with comparable alternative access to the Utility Pipeline Easement
Area, as deemed reasonable by the City.
3. As the amount of earth or other fill over its facilities can affect the structural integrity
of the City's underground facilities, City shall have the right to maintain the height of earth or
other fill over City's underground facilities. Grantor(s) shall not temporarily or permanently
modify, or allow others to in any way modify, the ground surface elevation in the Utility Pipeline
Easement Area from the elevation established upon completion of construction of the City's
Facilities without the City's written consent, which consent shall not be withheld unreasonably.
Grantor(s) shall not conduct, or permit others to conduct, grading operations, ripping,
stockpiling, or use, or permit others to use, explosives within or proximate to the Utility Pipeline
Easement Area to the extent that City Facilities may be damaged.
4. This utility pipeline easement is subject to all existing fencing, pipelines, roads,
electrical transmission facilities, and communication lines existing on the date this utility
pipeline easement is granted, and all future uses which do not directly or indirectly interfere with
or endanger City's exercise of the rights described herein. The City shall have the right to clear
and keep clear from the Utility Pipeline Easement Area all explosives, buildings, structures,
walls, and other facilities of a permanent nature, and any earth cover or stockpile of material
placed without the City's written consent, which interfere with City's use of the Utility Pipeline
Easement Area. Grantor shall not construct, nor permit others to construct, such permanent
facilities which conflict with City's ability to use the Utility Pipeline Easement Area. City shall
have the right of exclusive use and possession within the Utility Pipeline Easement Area for a
distance of two (2) feet in every direction around the outside surface of the City Facilities. In
addition to any other legal and equitable remedies for violations of this paragraph, City shall have
the right to do all things necessary and proper to remove any such vegetation, explosives,
improvements, and materials, at the Grantor's expense.
5. So long as Grantor is in full and complete compliance with the above terms and
conditions of this Utility Pipeline Easement, then the City shall, at its cost and expense, and
without unreasonable delays, restore any improvements damaged or destroyed at any time by
reason of laying of said Sanitary Sewer(s) and gray water lines, or by City in maintaining,
repairing, operating or removing City Facilities within the Utility Pipeline Easement Area, and
shall restore the surface of the Utility Pipeline Easement Area to its original condition.
6. Subsequent to the grant of this Utility Pipeline Easement, Grantor shall not grant any
easements of any kind whatsoever to others in, over, on, through, within, under and across the
Utility Pipeline Easement Area without the prior written approval of the City, which approval
shall not be withheld unreasonably.
This Grant of Utility Pipeline Easement shall bind and inure to the benefit of the respective heirs,
personal representatives, successors, and assigns to the parties hereto. City's rights and
obligations herein are assignable and transferable by City, in whole or in part, to City's
successors and assignees.
2
Executed this I LF day of 2003.
State of California
Owq/san Luis garbage/easemcmdeed)
GRANTOR:
San Luis Garbage Company,.
a California Corporation
By:_
Name:
Title:
By:_
Name:
Title:
20nr M J
(N.'St 2� t C to �� F iEoeecc c[1ap 0�`ies-
E1(�Ock)� U 2e pn- 't Si212 ar-.a SPC, -e
County of S6cc am e �c
PO SS AJO a c[ S before me, Pct-
On
personal ar
appeed On S r' e (S aed 4-1 o er 0 Eu� rsonal y Down to me (erptd
to MC-4M.,the to be the person(s) whose name(s) subscribed to the
within instrument and acknowledged to me that 1>N�41MPe executed the .same in eir uthorized
capacity(ies), and that by hiaot6o signatures(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 (Seal)
0
APPROVED AS TO CONTENT:
By
t San Luis Obispo
3
AI:E' . ROSSf '
Ceminesslon iF,1- 326300
Notary Public - California
Sacramento .County
M Oct 21, 2005
Order No. 803951
Parcel 1: A portion of APN 004,922,017
That portion of Lot 1 in Block 15 of the Imperial Addition in the City of San Luis Obispo,
County of San Luis Obispo, State of California, according to map recorded December 21,
1891 in Book A, Page 128 of Maps, described as follows:
Beginning at the most Westerly corner of said Lot 1;
Thence Southeasterly along the Southwesterly line of said lot, a distance of 220 feet;
Thence at right angles, Northeasterly 97 feet more or less to the Southwesterly line of the
Pacific Coast Railroad right of way;
Thence Northwesterly along said right of way line to the most Northerly corner of said Lot
Thence. Southwesterly along the Northwesterly line of said Lot 1 to the True Point of
Beginning.
Parcel 2: A portion of APN 004,922,017
A parcel of land in the; City of San Luis Obispo, County of San Luis Obispo, State of
California, described, as follows:
Beginning at the most Westerly corner of Lot 1 in Block 15 of the Imperial Addition to the
City of San Luis Obispo, as shown on map recorded in Book A, Page 128 of Maps;
Thence along the Southwesterly line of said Lot 1, South 32 050' East, 220.00 feet;
Thence at right angles North 57 130' East, 97.00 feet to a point on the Southwesterly line
of the land described in the deed to the San Luis Obispo and Santa Maria Valley Railroad
Co., recorded in Book N, Page 160 of Deeds, said last mentioned point being the True
Point of Beginning;
Thence continuing North 57130' East, 64.44 feet to the Northeasterly line of the land
described in said deed to said railroad company;
Thence along said Northeasterly line, North 53 ° 54' West, 236.28 feet to the Northeasterly
prolongation of the Northwesterly line of said Lot 1;
Thence along said Northeasterly prolongation, South 57130'.West, 64.44 feet to the
Southwesterly line of the land described in said deed to said railroad company;
Thence along said last mentioned Southwesterly line, South 53 °54' East, 236.28 feet to
the True Point of Beginning.
PXH1 1 T°
Legal Description
Permanent City Utility Easement
APN 004 - 922 -017
City and County of San Luis Obispo
Current Owner: San Luis Garbage Company
The Permanent City Utility Easement being 5.2 meters (17.1 feet) wide and located in
Township 30 South, Range 12 East, Mount Diablo Base and Meridian within the City and
County of San Luis Obispo. Being a portion of Lot 1 Block 15 per the map of the Imperial
Addition, filed December 21, 1891, Book A Page 128 of Maps.
All referenced documents being on file in the San Luis Obispo County Recorder's Office.
Victoria Street used as the basis of bearing.
Beginning at the westerly corner of said Lot 1, said corner also being the intersection of
the right of way line of Woodbridge (formerly Alexander) and Victoria streets;
thence S 320 30' E along the easterly right of way line of Victoria Street a distance of 6.81
meters to the true point of beginning of the City Utility Easement (TPOB), Victoria Street
having a bearing of N 32° 30'W per Book 3 Page 19 of Parcel Maps recorded on
November 22, 1968;
thence, leaving said right of way line of Victoria Street bearing N 510 57'28n E a distance
of 24.76 meters to the easterly right of way line of the abandoned Pacific Coast Railroad
Right of Way;
thence southerly along the easterly right of way line of the abandoned Pacific Coast
Railroad Right of Way a distance of 5.41 meters, said right of way noted to have a
bearing of S 530 50' E per the above referenced Parcel Map;
thence, S 510 57' 28" W a distance of 26.74 meters to the easterly right of way line of
Victoria Street;
thence N 320 30" W along the easterly right of way line of Victoria Street a distance of
5.22 meters to the TPOB.
Containing 133.9 square meters (1,441 square feet), more or less, including 12.3 square
meters (132.4 square feet) of an existing sewer easement filed in Book 863, Page 325.
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by San Luis
Garbage Company, a California Corporation, dated the 14th of August 2003, 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: October 10, 2003
A..TTEST:
Y_g,:i
`1y F* .Pri . e' CMC
CITY OF SAN LUIS OBISPO
By. -
- David F. Romero, Mayor
END OF DOCUMENT