HomeMy WebLinkAboutD-1706 APN 001-014-029 - 129 Chorro Recorded 07/03/2006Recording requested by: e-"4 `k
Hamner, Jewell & Associates 1410��3
Government Real Estate Services
When recorded, mail to:
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
i
JULIE RODEWALD
L0
San Luis Obispo County— Clerk/Recorder
7/03/2008
Recorded at the request of
8:00 AM
Cuesta Title Company
D O C # : 2006046316
Tales:
Pages: 8
Fees
0.00
Taxes
0.00
Others
0.00
PAID
$0.00
EASEMENT DEED
(To The City of San Luis Obispo)
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No Documentary Transfer Tax per Revenue Taxation Code 11922
APN: 001 - 014 -029
No Recording fee per Government Code §6103
For a valuable consideration, receipt. of which is hereby acknowledged,
Shelby Stover and Vicki Stover, husband and wife as joint tenants (collectively herein
after referred to as "Grantor ")
hereby grants to
CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of
California, and its successors and assigns:
A Permanent Easement in gross to survey, install, construct, reconstruct, enlarge, lay, alter,
operate, patrol, remove, relocate, replace, and maintain a sewer conduit, consisting of one or
more underground pipelines and related facilities. These related facilities may include but are
not limited to markers, and manholes. The markers, manholes, and other related facilities may be
located below ground or at ground level and, if placed, shalt be done so in a manner which
minimizes visual and physical obstruction. This easement shall be in, over, on, 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
described in Exhibit "A," attached hereto and incorporated by reference herein. The "Easement
Area" which comprises the Permanent Easement is described in Exhibit "B," and depicted in
Exhibit "C ", both are attached hereto and incorporated by reference herein.
The Permanent Easetnent(s) described herein shall be SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
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1. The facilities and improvements installed in the 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 Easement Area at any time, without prior notice, including the
right to use lanes, drives, rights -of -way, and roadways within the Real 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 Easement Area, as deemed reasonable by the City. The
ingress and egress of personnel, vehicle, and construction equipment will be done in a manner
that respects the security of the premises.
3. As the amount of earth or other fill over City 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
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 pen-nit others to conduct, grading operations, ripping,
stockpiling, or use, or permit others to use, explosives within or proximate to the Easement Area
to the extent that City facilities may be damaged, or under any circumstances without prior
written approval by the City.
4. This easement is subject to all existing fencing, canals, irrigation ditches, laterals,
pipelines, roads, electrical transmission facilities, and communication lines existing on the date
this 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; provided, however, that City shall have
the right to clear and keep clear from the 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 Easement Area
except for those items in place on the date of execution of this Easement Deed . Grantor shall
not construct, nor permit others to construct, such permanent facilities which conflict with City's
ability to use the Easement Area. City shall have the right of exclusive use and possession within
the Easement Area for a distance of two (2) feet in every direction around the outside surface of
the City Facilities and within the easement. 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. 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 Easement Area
without the prior written approval of the City, which approval shall not be withheld
unreasonably.
10
Executed this cU day of , 2006.
2/4
GRANTOR:
<40K- <tm-A-�"
Shelby er
III
Vicki Stover
State of California
County of SM,, (.V(5 06 K F O O ifiN ('1 U �}1R..� a O ff,'( kbLlG
On Z-7 WI L- 06 before me,
personally appeared Vt uG t S?`b y25-1 - 4 5Sq&L #5 Y 7 %p t✓jr,,L ,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the erson(s) whose
name(s) j/� to the within instrument and acknowled = to me that[ the xecuted the
same in /h authorized capacity(ies), and that by A6 /their ignatures(s) on nstrument the
person(s), or y upon behalf of which the person(s) acted, ecuted the ingp"g jHU,;,,
WITNESS my hand and official seal \�`�\��v JOHN
V0 0
Signature ' � (Seal) 1 C''" R►
"r o n
The Foregoing Deed is: �!,,y�,o CJUNII-�
10, �;;.""ov,,
APPROVED AS TO CO TENT:
7 13y ;
4a e:
u orks Department
of San Luis Obispo
APPROVED AS TO FORM:
By
(Ian Lowell
City Attorney
City of San Luis Obispo
14
CERTIFICATE OF ACCEPTANCE
GOVERNMENT CODE SECTION 2781
This is to certify that the City of San Luis Obispo, Grantee of the foregoing Deed, hereby accepts
for public purposes the real property, or interest therein, described in that deed dated UA N .f•
from Shelby Stover and Vicki Stover, husband and wife as joint tenants,
Grantors therein, to the City of San Luis Obispo ( "City"), and City hereby consents to the
recordation thereof.
NO
In Witness Whereof, I have hereunto set my hand this t?oZ day of 11 n=g 12006.
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City of San L Obispo
By:
Name A 114 H (%Z - & - f I --P—
Title V ) CAP V1 ./(7l
4/4
Exhibit "A"
LEGAL DESCRIPTION,
GRANTOR'S PROPERTY
File no: 061:0014 (0016) ]anuary:26; 2006
Parcel 1: Lot '19 in Block 17 of Anholm Addition to the City of San Luis Obispo,
in the City of San Luis Obispo, County of San Luis Obispo, State of California,
according to the map recorded May 13, 1927 in Book 3, Page 91 of Maps in the
office of the County Recorder of said County.
Parcel 2: The north 3 feet of Lot 18 in Block 17 of Anhohn Addition to the City
of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo,
State of California, according to the map recorded May 13, 1927 in Book 3,
Page 91 of Maps in the office of the County Recorder of said County.
The above described Parcels are also described in the Deed recorded in Book
2085, at page 985 in Official Records in the County Recorder's Office of said
County.
End Description
0
Exhibit "B"
LEGAL DESCRIPTION
EASEMENT
File no: 061.0014 (OQ16) _ January 26, 2006
The southerly 3.048 meters (10 feet) of the land described in the Deed recorded
in Book 2085, at page 985 in Official Records in the Office of the County
Recorder of the County of 'San Luis Obispo, State of California, bounded as
follows:
Bounded on the west by the northeasterly line of the 10 foot wide Sanitary
Sewer Easement to the City of San Luis Obispo described in the Easement Deed
recorded in Book 635, at page 161 in Official Records in the Office of the
County Recorder of said County.
The above - described land is graphically shown on Exhibit "C attached hereto
and made a part hereof.
End Description.
!.AND
Josep . Morris P.L.S. 6192 expires 3/31/06 T ,y °���
No. 6192 J
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OF CAl \F��
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Exhibit "C°
A Sewer Line Easement. over a Portion of 2085/OR/985 in the City of San
Luis Obispo in the County of San Luis Obispo, State of California
Doc No. 2002 - 002564 parcel 3
SL O 72- 355
Fd. Q5 rebor IS 7618"
accepted per 92 1LS 106
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Tag "LS 76.18"
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Scale 1',: .3 00
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Plot Date: January 29, 2006
Dwg Name exhibit
Job No. 061 - 0014 -0016
Drwn by PM
WALLACE GROUP
4115 BROAD S MM, SUrM &5
SAN LUIS OBISPO, CA 93401
T 805 544 -4011 F 805 544 -4294
CUESTA TITLE
COMPANY
•
Statement Obscured Document
I certify under the penalty of perjury that the portion of the sentence that is obscured on the document to
which this statement is attached reads as follows:
instrument.
Cuesta Title Company
Signature of Person Malang Verification'
Date: June 30, 2006
Location: San Luis Obispo,. CA
M
0D U& DOr,UMENT
Page 1 of 1
O'Connor, Julie
From: Horn; Matt i
Sent: Monday, December 18, 2006 8:21 AM
To: O'Connor, Julie
Cc: Cano, Elaina
Subject: 129 Chorro Sewer Easement
Hi Julie,
Attached is a copy of the 129 Chorro Sewer Easement. I don't believe that the County Recorder sent the City a
paper copy after it was recorded.
Thanks
12/26/2006