Loading...
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