HomeMy WebLinkAboutD-1859 From South/Emily, extending 290ft west. APN 003-753-003 and 002. Recorded 02/24/20101-
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
JULIE RQDEWALD IF
San Luis Obispo nty — OIerIVRecorder 2/2412010
Recorded at thi reque 1:16 PM
Public
,DO C # : 201.000$$24 Titles: 2 Pages:
Fees
0.00
Taxes
0.00
Others
0.00
PAID
S0.00
This document is recorded for the benefit of the City of Sari Luis Obispo, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
QUITCLAIM DEED AND AGREEMENT TO ABANDON PIPELINE
(PARTIAL)
(EASEMENT)
RECEIVED
APR 15101p
X60 CITY CLERK S-�-122
i � .
Recording Requested by and
when recorded mail to:
Southern California Gas Company
P. O. Box 513249 M.L. GT26C2
Los Angeles, CA 90051 -1249
Attn.: Land & Right of Way
A.P.N.: 003 - 753 -003 and 002 Documentary Transfer Tax $
0
Atlas No.: SLO 6079 -2 0 Computed on full value of property conveyed
Computed on full value less liens and
encumbrances remaining at time of sale
For Southern California Gas Co.
R.W. 6,307
QUITCLAIM DEED AND AGREEMENT TO ABANDON PIPELINE
(Partial)
(EASEMENT)
SOUTHERN CALIFORNIA GAS COMPANY, a California corporation ( "Grantor "), in
consideration of the sum of One Dollar ($1.00), receipt of which is acknowledged, does hereby
remise, release and quitclaim to THE CITY OF SAN LUIS OBISPO ( "Grantee "), a portion of
its right, title and interest in that certain real property in the County of San Luis Obispo, State of
California, described as follows:
A portion of that certain Right of Way (R/W No. 6,307) granted to Southern Counties Gas
Company of California, a corporation, as predecessor in .interest to Southern California Gas
Company, a California corporation, by Document No. 10928, recorded August 14, 1953 in
Volume 722, Page 306 of Official Records, San Luis Obispo County, State of California, as
described in Exhibit "A ", attached hereto, and as depicted in Exhibit `B ", attached hereto, both as
made a part hereof.
Grantor shall be allowed to abandon in place a 10 -inch natural gas pipeline ( "Abandoned
Pipeline ") located on Grantee's property within the Right of Way described above. Grantee
acknowledges that the Abandoned Pipeline is made of steel and is wrapped with material that
contains asbestos which is presently intact and non - friable and, therefore, non - hazardous. Grantee
acknowledges that removing or cutting the asbestos - containing pipe wrap using mechanical
means, however, may cause the asbestos to become friable and, therefore, hazardous.
Consequently, Grantee shall take appropriate caution and actions in compliance with all
applicable laws and regulations when removing or cutting all or any portion of the Abandoned
Pipeline or its pipe wrap, or when conducting any digging, drilling, excavation, or installation of
any underground facility, or any action that may pose a risk of damage to the pipe wrap,
including, but not limited to, compliance with the asbestos NESHAP rule, and the use of certified
asbestos abatement contractors.
- Continued on next page -
- Continued from first page -
Partial QC 6,307
Grantee shall indemnify defend and hold Grantor and each of its shareholders, affiliated
companies and successors, and all of their respective employees, officers, directors, shareholders,
beneficiaries, agents and representatives and its and their respective successors and assigns
(individually, an "Indemnified Party", and collectively, the "Indemnified Parties ") harmless from
and against any and all claims, losses, liabilities, costs and expenses, including first party losses
and attorneys' fees (collectively, the "Claims ") whether incurred by or made against any
Indemnified Party, for damage to real, personal, tangible or intangible property, including loss of
use of any such property, and all Claims for bodily injury, sickness, disease or death of any
person, arising from or in any way related to the removing or cutting of the asbestos- containing
pipe wrap using mechanical means,; provided, however, that no Indemnified Party shall be entitled
to indemnification hereunder for the portion, if any, of any Claim which is determined by a court
of competent jurisdiction to have been caused by the sole or gross negligence or willful
misconduct of such Indemnified Party.
Grantor shall not be liable for any damage of any kind whatsoever to any property or equipment
belonging to or used by Grantee or any persons entering upon Right of Way, including loss of use
of any such property, or for any injury of any kind whatsoever to any person entering upon the
Right of Way, arising from the removal or cutting of all or any portion of the Abandoned Pipeline
by Grantee, and Grantee hereby waives all claims and demands relating thereto.
If any portion of the Abandoned Pipeline interferes with Grantee's or its successors' or assigns'
use of Grantee's Property or any portion thereof, then upon written request by Grantee, Grantor
shall remove that portion of the Abandoned Pipeline, at Grantor's sole cost and expense, and
retain the full salvage value of the portion of the Abandoned Pipeline that Grantor removed.
Partial QC 6,307
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed this GM
day of t, , 20 A D.
GRANTEE: GRANTOR:
CITY OF SAN LUIS OBISPO SOUTHERN CALIFORNIA GAS COMPANY
By
Print Name:
1�� u •
Title: i'%6S/or
_Andrew f , Thompson
Land & Right of Way supervisor
San Diego Gas & Electric Company
Authorized Representative for
Southern California Gas Company
ALL - PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF LOS AMW -eS } ss }
� /D
On 2W— before me,
,a Not Public, personally appeared
Who proved to me on the basis of
satisfactory evidence to be the person(s) ose name(s) is /are subscribed to the within
instrument and acknowledged to me at he /she /they executed the same in his/her /their
authorized capacity(ties), and t" by his/her /their signature(s) on the instrument the
person(s), or the entity upon b alf of which the person(s) acted, executed the instrument.
I certify under PEN>LTY OF PERJURY under the laws of the State of California
that the foregoin aragraph is true and correct.
WITNESS hand and official seal.
(Seal)
Signature
Commission #:
Commission Expiration:
Si g' a qA ae >
11
STATE OF CALIFORNIA )
)Ss
COUNTY OF SAN LUIS OBISPO )
•
On February 4, 2010, before me Elaina Cano, City Clerk, personally appeared David F. Romero,
Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence
to be the person (<whose name' is ubscribed to the within instrument and acknowledged
to me that he /s executed the same in his /�� authorized capacity i a and that by
his/1,WltyoifsignatureSWon the instrument the perso W, or the entity upon behalf of which the
personsWacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
Witness my hand and official seal.
Signature
� 2Z,
City Clerk
(Seal)
i
B37
�fPry 643 — 7s"3 — 003 pO
ALL- PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
S.S.
COUNTY OF LOS ANGELES
On F649R14A/tY 1( 2010, before me, . Aurora S. Greene, la Notary Public
personally appeared Andrew I. Thompson ,
who proved to me on the basis of satisfactory evidence to be the personKwhose naine(a'f
is/4e subscribed to the within instrument and acknowledged to me that he4h.eAke-y
executed the same in their authorized capacity(ieo, and that by hiss signature(W'
on the instrument the person(4or entity upon behalf of which the person(K acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: "�--
Commission #: 1646178
Commission Expiration: March 1.6, 2010
Seal:
AURORA S. GREENE
CommWlon 0 1646178
Notary public - Callfomia
Q��Los Angeles County
MVCOMm-ExPkGSMar 16.2010
Partial QC 6,307
Exhibit "A"
That portion of South Street in the City of San Luis Obispo, County of San Luis Obispo,
State of California, described as follows:
A strip of land 20.00 feet wide, measured at right angles, lying south of and adjoining the
following described line:
Beginning at the intersection of the northerly line of South Street (60 feet wide) and the
westerly line of Emily Street (60 feet wide), as per map of Marymount Addition filed in
Volume `B ", Page 91 of Maps, records of said County; thence westerly along the
westerly prolongation of the northerly line of said South Street for a distance of 290 feet,
more or less.
END OF DOCUMENT