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Home My WebLink AboutD-1670A APN 004-523-001 and 004-523-021 - Alrita Pump Station Recorded 10/07/2005RECORDING REQUESTED 13 µ: SST A_Nff_RIC k TITLE COMP.--,17 Hamner, Jewell -a Associates Government Real Estate Services When recorded, mail to: The City of San Luis Obispo Utilities Department 879 Morro Street. San Luis Obispo, CA 93401 i JULIE RODEWAA San .Luis Obispo CoufflW Clerk/Recorder Recoded at the request of r First American Title Company .. D.0 c'# : 2005084828 Titles: 1 OG 10107/2005 11:29 AM Pages: 7 PUMP STATION EASEMENT DEED (To The City of San Luis Obispo) No Documentary Transfer Tax per Revenue Taxation Code 11922 11C 114. ri.r.. 114V. 1-VW1LY - "- �1+1 ? FCE PA1,7 EX 1ePt CLITOF STAT E Fees 25.00 Taxes 0.00 Others 0.00 PAID $25.00 No fee per Government Code 6103 PUMP STATION EASEMENT DEED (To The City of San Luis Obispo) No Documentary Transfer Tax per Revenue Taxation Code 11922 11C 114. ri.r.. 114V. 1-VW1LY - "- �1+1 ? FCE PA1,7 EX 1ePt CLITOF STAT E For a valuable consideration, receipt of which is hereby acknowledged, KENNETH CHARLES BORNHOLDT AND HELEN HUDSON BORNHOLDT, TRUSTEES OF THE KENNETH AND HELEN BORNHOLDT TRUST DATED OCTOBER 19, 2001, ( "Grantor ") hereby grants to: CITY OF SAN LUIS OBISPO, a chartered municipal corporation ( "CITY ") A Permanent Exclusive Easement for the construction, operation, maintenance, repair, and replacement of a water pump station and related appurtenances, including -associated utilities, pipelines, and related facilities, and ingress and egress rights associated therewith, and for no other purposes. Vehicular access to the Easement Area shall be solely from Laurel Lane. This permanent easement shall be in, over, on, along, through, within, under, and across the Permanent 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 "Easement Area" which comprises the Permanent Exclusive Easement is described and depicted in Exhibit "B" attached hereto and incorporated by reference herein. The Permanent Easement described herein shall be SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. The facilities and improvements installed in the Permanent Easement area collectively are referred to herein as "Pump Station Facilities.` The location of all structures on the surface of the Easement Area are shown generally on the site plan attached hereto as Exhibit "C" which is incorporated herein by reference. Grantor acknowledges thai minor variations from the site plan may be necessary, e.g. slightly larger or smaller building structure, location of hydro pneumatic tanks may vary by a few feet, since at the time of entering into this Pump Station Easement Deed the final design of the Pump Station Facilities is not complete. No structure on the Easement Area shall exceed 14 feet in height from the existing grade. Plans for the Pump Station Facilities as they exist from time to time shall be maintained at the City's principal offices. City shall endeavor to ensure pump noises from the Easement Area are not audible to Grantor's existing residence. In no event shall pump noises audible from Grantor's existing residence exceed the applicable maximum levels specified in Chapter 9.12 (Noise Control) of the San Luis Obispo Municipal Code. All structures in the Easement Area shall be a neutral color that blends with the existing surrounding vegetation on Grantor's property. 2. The City shall have and hold all rights to the exclusive use of the Permanent Easement Area. The City may restrict the rights of others to enter the Permanent Easement Area and shall, at its sole cost and expense, erect and maintain perimeter fencing of like kind to Grantor's fencing around the Permanent Easement Area and maintain locked gates in order to protect the Pump Station Facilities and prohibit access and use by others. 3. Subsequent to the grant of this Easement, Grantor shall not grant any easements of any kind whatsoever to others in, over, on, through, within, under and across the Permanent Easement Area without the prior written consent of the City, which, consent shall not be unreasonable withheld. 4. Grantor 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 Permanent Easement Area to the extent that the Pump Station Facilities may be damaged. The covenants and conditions of this Easement Deed shall run with the land and shall be binding on the successors and assigns of the Grantor and City and shall inure to the benefit of City and its successors and assigns. Executed this -l�� "day of '2005 r GRANTOR: KENNETH CHARLES BORNHOLDT AND HELEN HUDSON BORNHOLDT, TRUSTEES OF THE KENNETH AND OLDT TRUST DATED OCTOBER Date: By: Notary acknowledgement on next page. . 2/3 es Bomholdt. Trustee en 1- u)sarr-Wo-rnholdt, Trustee State of California County of San Luis Obispo On May 16, 2005 before me, B. Hogan,Notary Public Kenneth Charles Bornholdt and personally appeared Helen Hudson Bornholdt------------ kr�prryA�ly/ A"ikdld rU,(dr 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 heflke /they executed the same in hisser /their authorized capacity(ies), and that by h}s/bef /their 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 , A44&��- B. HOGAN N COMM. # 1307261 < C Notary Public - California C6 (Seal) County of San Luis Obispo N My COMM. Exp. June 25, 2005 The foregoing Easement Deed from KENNETH CHARLES BORNHOLDT AND HELEN HUDSON BORNHOLDT, TRUSTEES OF THE KENNETH AND HELEN BORNHOLDT TRUST DATED OCTOBER 19, 2001, to the CITY OF SAN LUIS OBISPO, a chartered municipal corporation ( "CITY ") is hereby: APPROV 7L7 NTENT: By APPROVED AS TO FORM: B Jonathan Lowell ffilities Department City Attorney ity of San Luis Obispo City of San Luis Obispo CERTIFICATE OF ACCEPTANCE, GOVERNMENT CODE SECTION 2781 This is to certify that the CITY OF SAN LUIS OBISPO, a chartered municipal corporation ( "CITY "), grantee herein, hereby accepts for public purposes the real property, or interest therein, described in the foregoing deed dated X(ced l &o , 2005, from KENNETH CHARLES BORNHOLDT AND HELEN HUDSON BORNHOLDT, TRUSTEES OF THE KENNETH AND HELEN BORNHOLDT TRUST DATED OCTOBER 19, 2001, grantee therein, and consents to the recordation thereof. In Witness Whereof, I have hereunto set my hand this day of Jynp 12005. CITY OF SAN LUIS OBISPO, a chartered municipal corporation by Name: David Title: P�yv r ATTEST: • ,:} "- ,,;�; ,A. City Clerk 3/3 ��e ,f `r tiu Y 3/3 0000000; FEB- 13:51; PAGE 7/21 ITA Order Number, 4003 - 1268430 Page Number- 6 LEGAL DESCRIPTION ' Real PmPerty In the Clty Of SAN LUIS OBISPO, County of SAN LUIS OBISPO, State of California, described as follows! PARCEL 1: LOT 1 IN BLOCK C OF TRACT NO. 166, ROYAL HEIGHTS, IN THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MAY 11, 1961 IN BOOK 6, PAGE 55 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER. OF SAID COUNTY. PARCEL 2: A PORTION OF PARCEL A AND PARCEL B OF PARCEL MAP SL -84 -285 IN THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 48, PAGE 36 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A, THENCE ALONG THE EASTERLY RIGHT OF WAY OF IAURELL LANE, AS SHOWN ON SAID MAP, SOUTH 32 °39'00" WEST 184.04 FEET TO A 1' IRON PIPE TAGGED "L5 4619" THENCE SOUTH 53 014'56" EAST, 210.07 FEET TO A 1" IRON PIPE TAGGED "LS 4819 "; THENCE NORTH 39020'29' EAST, 62.28 FEET TO A IN IRON PIPE TAGGED "LS 48190; THENCE SOUTH 5003931" EAST, 74.90 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL 8; THENCE ALONG SAID EASTERLY LINE, NORTH 27 1146'00" EAST, 171.88 FEET TO THE NORTHEAST CORNER OF SAID PARCEL B; THENCE ALONG THE NORTHERLY LINES OF PARCELS A.AND B NORTH 62 03500" WEST, 277.71 FEET TO THE POINT OF BEGINNING. APN: 004 -523 -001 and 004 -523 -021 First American Title Exhibit Legal Description SLO -04 -01 Alrita Pump Station Easement City of San Luis Obispo • A parcel of land lying within Parcel A of Parcel Map SL -84 -285 filed in Book 40 of Parcel Maps at Page 36, City of San Luis Obispo, State of California, more particularly described as follows: The True Point of Beginning being the Northwesterly corner of said Parcel A. Said point also being a point on the Southeasterly right -of -way line of Laurel Lane, thence; 1) South 62 °35'00" East along the Northerly line of said Parcel A, also being the southerly boundary of Parcel 1 of Tract No. 166 as recorded in Book 6 of Maps at Page 55, City of San Luis Obispo, State of California, a distance of 9.144M (30.00 feet), thence; 2) Departing said Northerly line South_ 32 °39'00" West, a distance of 5.435M (17.83 feet), thence; 3) North 57 °21'00" West a distance of 9.106M (29.88 feet), to a point on said Easterly right-of- way line of Laurel Lane, thence; 4) North 32 °39'00" East along said Easterly right -of -way, a distance of 4.601M (15.10 feet), to the True Point of Beginning. Containing 45.69 square meters (491.8 square feet, 0.01 acres). � IT 13 (Page 1 of 2) d E N CL Ji P O � U o� O C, 0 N � N oS 'Zol / / PARCEL 1 / TRACT NO. 166 P/ T'P'0'B' BK. 6, PG. 55 O.R. / O1 SLO -04 -01 AREA =45.69 SO. M , (491.8 S0. FT.) S.67 35' 00' E 9.144 (30.00') / S 37 39' 00 W 5.435 (17.83') 3 N 57' 21' 00" W 9.106 (29.88'). / O N 37 39' 0Cr E 4.601 .(15.10') / FI 0 5 SCALE IN METERS DATE: NOV. 2004 PARCEL A P.M. NO. SL -84 -285 BK. 40, PG. '36 O.R. P. I�.I z r. No. 23028 EXP. 12 -31-05 1t \`rTgr_ CIVIL CITY OF SAN LUIS OBISPO ALRITA PUMP STATION EASEMENT SL0- 04-01 1 EXHIBIT B (Page 2 of 2) EXHIBIT B SHEET I I 1 s = o I I I I I KM I o 5435 4 59? -'a I 8 e N34 *4358T o N34W56t - _ O 6 o I � I Z I o y `o I 2 I I o w o n m s ALFITA Pump aTATION FIEPLACerevr city of EX�WC- CONCEPTUAL WTE PLAN san LUIS OBisp0 END OF DOCUMENT