Loading...
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) i yr 1 rw PR1g srnFf F 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: 1A aafx( °'tit, - `-I 1 '1 n(p i • 1 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. Z;.T ES'T,, .a X ity'Cl 1 ,i• .. 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 Ev. X10 OF CAl \F�� i 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 3 -- i i 'J V J T 0 a r r m Found Noil & Tag "LS 76.18" per 921LS106 z v V N V ;o L/ l / \ I / / / L? _3.048m 00') N O U I � I C Cl)� I � 000 m ° (n Q cD (DD C110,50 0 6 i2 Scale 1',: .3 00 24 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