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Home My WebLink AboutD-1627 052-252-026 Foothill Bridge at Stenner Creek Recorded 10/14/2004Recording Requested by:- CITY OF SAN LUIS OBISPO When Recorded Mail To: Barbara Lynch City of San Luis Obispo Department of Public Works 955 Morro Street San Luis Obispo, CA 93401 APN: 052 - 252 -026 JULIE RODEW.__J San Luis Obispo County— Clerk/Recorder Recorded at the request of Public c0C #: 2004091028 THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF THE CITY OF SAN LUIS OBISPO, A MUNICIPAL CORPORATION AND IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 77383 AND 6103 TEMPORARY CONSTRUCTION EASEMENT BY AND BETWEEN THE CITY OF SAN LUIS OBISPO AND SELECT INCOME PROPERTIES 6 MEL 1011412004 9:00 AM Titles: 1 Pages: 6 Fees 0.00 Taxes 0.00 Others 0.00 PAID 50.00 SELECT INCOME PROPERTIES 6, a California Limited Partnership, ( "Owner") hereby grants to the City of San Luis Obispo, its agents, employees and contractors, a temporary construction easement ( "TCE") for construction and staging area on, over and across certain real property owned by the OWNER, located at APN 052 - 252 -026, San Luis Obispo,CA and as more particularly described on Exhibit "A" attached hereto ( "Easement Area "), for the purpose of installing, constructing and/or improving the Foothill Bridge at Stenner Creek, located on adjacent and nearby property, and accomplishing all necessary incidents and appurtenances thereto ( "Project"). Under this TCE, CITY's use of the Easement Area shall be exclusive. As a result, CITY, from time to time, may exclude persons or other uses of all or a portion of the Easement Area if, in CITY's sole discretion, the presence of said persons or other uses would be hazardous or would hinder CITY's activities related to the Project This temporary easement shall commence on June 15, 2004, and shall expire not later than twenty -four (24) months thereafter or on the completion of construction, whichever shall first occur. Owner acknowledges that it has received compensation from City for the TCE. hl�a7 At the completion of the Project, CITY agrees to restore the Easement Area to its original condition as nearly as is practicable. CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage resulting from the acts of CITY'S agent, employees or contractors on the easement Area pursuant to this TCE. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date set forth next to their respective signatures as follows: Dated: 2004 SELECT INCOME PROPERTIES 6, a California Limited Partnership By: 4 '0�� General Partner State of C916:(o✓rj % 9 ) ) ss. County of SG if /1 // 61`5,0 o ) On 0 2004, before me, personally appeared A'AYe 090,14f/ 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 /shefthey 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. IY f�•wY1Y�•y�(�q MANUELTORRES /Vpgnl COMM. #1279702 ® i' NOTARY PUB1IC,CAIIPO11NIA r 'AN' UIS OBISPO COUNTY 0 • My Gomm EyDires October 7, 20041 �3 N "Y Exhibit A Legal Description A portion of the land described in the grant deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, being more particularly described as follows: Commencing at the comer common to Sections 22,23,26 and 27, on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters [north 79 °21.' 11" east 114.941 meters calculated from data per said Record of Survey]; Thence south 89 °17'58" east 6.667 meters to a point on the northerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps; Thence north 03 °51'21" east 22.344 meters; Thence south 86 °44'18" east 16.574 meters; Thence north 80 °15'13" east 20.952 meters to the True Point of Beginning; Thence north 09 °33'54" west 6.494 meters; Thence north 78 °55'46" east 12.875 meters; Thence south 14'22'16" west 7.441 meters; Thence south 10 °32'31" east 2.140 meters; Thence south 53 °25'20" west 11.278 meters to a point from which said tag stamped LS 7318 bears south 89 °37'28" east 67.230 meters; Thence north 10 "59'54" west 1.570 meters; Thence north 07 °33'01 " west 5.664 meters to the True Point of Beginning. Containing 0.0122 hectares (1,312 sq. ft.) more or less. The above - described piece of land is graphically shown on Exhibit "B" attached hereto and made a part hereof. End of Description. l Z- Z- n4 George Y. Marchenko LS 6964 Date License Expiration Date: 9/30/2005 select6 -9.doc apn 052 -252 -026 LMO * L& 6964 C EXHIBIT "BI' LINE TABLE LINE LENGTH BEARING LO 6.667 SB9°17'58'E L1 22.344 NO3 °51'21'E L2 16.574 S86 °44'18'E L3 20.952 N80 °15'13'E L4 6.494 N09o33'54'W L5 12.875 N78 °55'46'E L6 7.441 S14 °22'16'W L7 2.140 S10 °32'31'E L8 11.278 S53 °25'20'W L9 1.570 N10 °59'54'W 110 5.664 N7 °33'1'W True Point Of Be innin Doc. No. 2000 - 073535 & 2001 - 002024 Parcel 1 of '7/PM/13 Section Corner 9 9 Lot 29 Sections 22,23,26 and 27 2/MB/36 Fd 3.5" Brass Disk stamped c` Cont fining 0.0122hectares JQz "Black CO Survey" per 81/LS/31 1993/OR/600 j5 (1,31 sq. ft.) `a co more or less. \ Point of Commencement — I i Fo � L2 =3 I ° � _ S 89'37'28" I N $1_23'03 E 114_g36 6 \va N660� �� o0 ---- - - - -- -- Faothl \\ �\ LO �6 p8 _ 4 55 N�5 S89'1 7'40 "E ( IN METERS ) in o s 10 1 :800 A portion of the land described in the grant deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, State of California. Sheet 1 of 1 John L. Wallace & Associates ��r� 477 -0001 seiect6 -9 1:800 01/28/04 opn 052- 252 -026 1A CERTIFICATE OF ACCEPTANCE Government Code Section 27281 THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public purposes the Temporary Construction Easement described in the within instrument and consents to the recordation thereof. CITY OF SAN LUIS OBISPO N-..-r W -I Mayor This document is for the benefit of the City of San Luis Obispo, a public body corporate and politic, of the State of California. Request for recordation without fee is made in accordance with Sections 6103 and 27383 of the Government Code of the State of California. ATTEST: .CITY OF SAN LUIS OBISPO ler STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ) On this ° day of �0P 2004, before me, Audrey Hooper, Gitq erk, personally appeared Mayor David k pmero known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature, the entity upon behalf of which he acted executed the instrument. WITNESS my hand and official seal. J�r ;�c Audrey Hoo r END OF DOCUMENT