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Home My WebLink AboutD-1628 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 RODEV"W MEL San Luis Obispo fty — Clerk/Recorder 10/14/2004 Recorded at the request of 9:00 AM Public D o C# : 2004091030 Titles: 1 Pages: 6 Fees 0.00 IIII II III VIII IIIIII II IIII Others 0.00 PAID S0.00 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 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 creek maintenance and vegetation establishment 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 fourty -eight (48) months thereafter or on the completion of construction, whichever shall first occur. Owner acknowledges that it has received compensation from City for the TCE. J616aw 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: J�tA 2004 SELECT INCOME PROPERTIES 6, a California Limited Partnership By: Qdye7-7 General Partner State of G9 %o / S ) ss. County of 15,«w Lv%s 0&L5/9 1) ) On .),v d , 2004, before me, personally appeared JJ,- le *4-P Q Dv n.4 e 1 personally known to me or proved to me on the basis of satisfactory evidence to be the person whose nam Bare subscribed to the within instrument and acknowledged to me that he/�y executed the same in hisflth authorized capacity(iesFand that by histr heir- signaturp(&Yolrthe instrument the persoa(s}, eF the entity upon behalf of which the perso*)--acfed, executed the instrument. WITNESS my hand and official seal. r MANUELTORRESj O 0A9rd.11279702 e ® NOTAP.'i PUGLiO- CALIFORNIA SAN LUIS OR-c ?0 r.OUNTY 0 My Comm. Expires JC10ber 7, 2004 h rt 'i-' �I Exhibit A Legal Description That 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, lying southerly and easterly of the following described line: Commencing at the corner 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' l l" east 114.941 meters calculated from data per said Record of Survey]; Thence south 89 °17'49" east 13.544 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 01 °51'08" east 16.672 meters; Thence south 87 °01'06" east 11.528 meters; Thence north 80 °51'10" east 20.780 meters; Thence south -10 °59'54" east 1.570 meters; Thence north 53 °25'20" east 3.478 meters; Thence north 80 °15'13" east 4.380 meters; Thence south 10 °24'12" east 5.190 meters; Thence north 78 °10'13" east 2.642 meters to the True Point of Beginning; Thence north 10 °32'31" west 10.754 meters; Thence north 14'22'16 " east 7.441 meters; 2� Thence north 03 °15'42" east 7.442 meters; Thence north 06 °13'26" west 5.567 meters; Thence north 12 °44'25" west 8.155 meters; Thence north 24 °03'47" west 11.291 meters; Thence north 67 °47'42" east 8.615 meters; Thence north 68 °39'19" east 13.249 meters to a point from which said tag stamped LS 7318 bears south 37°37'00" east 70.420 meters. Excepting therefrom that portion lying southerly of that certain course of the land described in the deed of easement to the City of San Luis Obispo recorded in Volume 1315 of Official Records at Page 520 in the Office of the County Recorder of said County having a bearing and distance of south 52 °28' west 163.37 feet per said deed of easement [south 53 °25'20" west per this description]. Containing 0.0394 hectares (4,239 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. LAND o � George 1'. Narchenk-o LS 6964 Date J L s, 6964 i License Expiration Date: 9/30/2005 * t NA q 3v -eS select6- I0.doc 9�oF CALtF�� apn 052- 252 -026 LINE TABLE LINE LENGTH BEARING LO 13.544 S89 °1 7'49'E L1 16.672 NO1 °51'08'E L2 11.528 S87 *01'06'E L3 20.780 N80 °51'10'E L4 1.570 S10 °59'54'E L5 3.478 N53 °25'20'E L6 4.380 NBO °15'13'E L7 5.190 S10 °24'12'E 1-8 2.642 N78 °10'13'E L9 10.754 N10'32'31'W L10 7.441 N140221 6'E 111 7.442 NO3 °15'42'E L12 5.567 N06 °13'26'W L13 8.155 N12 °44'25'W L14 11.291 N24 °03'47'W L15 8.615 N67 °47'42'E L16 13.249 N68 °39'19'E Section Corner Sections 22,23,26 and 27 Fd 3.5" Brass Disk stamped "Black CO Survey" per 81 /LS /31 1993/OR/600 Point of Commencement EXHIBIT 111311 \ Doc. No. 2000- 073535 &-2001-002824 �6 Parcel 1 of 37/PM/13 N, r w ` Lot 29 r 2/MB/36 IJ 1 Containing 0.039,\-7 hectares ,O (4,239 sq. ft.) Imore or less. - 13 E 114.93_ True Point Of �� I— N •81'23 03' _ -- - --- 8 \va Beginning N66 LO (06.08 N,5.4g'S5 E S89'17'40' , E ( IN METERS io o s m 1 : 800 O \ o � 6°) c' Q° C° . 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. b Sheet 1 of 1 John L. Wallace & Associates � 477 -0001 selecl6 -10 1:800 01/28/04 apn 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 kyj MIA 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 By V4�k City Cler STATE OF CALIFORNIA SS COUNTY OF SAN LUIS OBISPO ) On this day of 5-9 , 2004, before me, Audrey Hooper, City Clerk, personally appeared Mayor David K, ior�ero 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. `'Audrey; Hooper END OF DOCUMENT