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SAN LUIS WATER CO. (Recorded in Book 43 of Deeds,
TO Page 504)
CITY OF SAN LUIS OBISPO
THIS INDENTURE, made this fourteenth day of February, in
the year of our Lord One thousand nine hundred, between the SAN LUIS
WATER COi14PANY, a Corporation, organized and existing under the laws
of the State of California, and having its principal place of business
at the City of San Luis Obispo, in the County of San Luis Obispo,
State of California, the party of the first part, and the CITY OF SAN
LUIS OBISPO , in the County of San Luis Obispo, State of California, a
Municipal Corporation, the party of the second part,
W I T N E S S E T H
That, the said party of the first part for and in considera-
tion of the sum of Fifty thousand Dollars, Gold Coin of the United
States of America, to it in hand paid by the said party of the second
part, the receipt whereof is hereby acknowledged, has granted, bar-
gained and sold, conveyed and confirmed, and by these presents does
grant, bargain and sell, convey and confirm unto the said party of the
second part, and to its successors and assigns forever, all those cer-
tain lots, pieces or parcels of land, situate, lying and being in the
County of San Luis Obispo, State of California, and bounded and par-
ticularly described as follows, to -wit:
First. Lots number Two (2) and Three (3), and the North
East quarter of the South West quarter, and the North West quarter of the
South East quarter of Section number Thirty (30), in Township number
Thirty (30), South, of Range number Thirteen (13) East, of Mount
Diablo Meridian, and containing one hundred and sixty four (164) acres.
Second. All that tract of land lying and being situate in
said County and State, and being part and parcel of lot number Nine
(9), as the same appears delineated on a certain map entitled "Map.
of the Partition of a part of the Rancho Potrero de San Luis Obispo,
made by R. R. Harris, September, 1887," said map being a part of the
record in the partition case entitled, "Manuel Serrano et al against
Hipolito Serrano et al" which said tract hereby granted is more par-
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titularly described as follows: Commencing at stake S. 45 of said
Harris's survey and map of said lot Nine (9(, thence N. 830 35' E.
Eight hundred and ninety five (895) feet to stake M. 5; thence S. 54o
53' E. Two hundred and twenty five (225) feet to stake M.6; thence S.
140 32' E. One hundred and thirty three (133) feet to stake IVI.l; thence
N. 830 03' W. Two hundred and sixty nine (269) feet to stake M.2:
thence S. 440 10' W. Five hundred and fifty eight (558) feet to stake
M.3; thence S. 790 25' W. Twelve hundred and twenty six (1226) feet to
stake M.4; thence N. 270 E. Four hundred and sixty two (462) feet;
thence N. 570 45' E. Six hundred and thirty one (631) feet to stake
S. 45, and point of beginning, and. containing Eighteen 62/100 (18.62)
acres.
Third. All that tract of land lying and being situate in
said County and State, and being a part and parcel of said lot number
Nine (9), and more particularly described as follows: Commencing at
stake S. 58, according to said map and survey, above mentioned; thence
N. 330 E. Two 72/100 (2.72) chains to a stake; thence N. 5740 E. Two
49/100 (2.49) chains to a stake; thence S. 320 45' E. Two (2) chains
to a stake; thence S. 5740 W. Two 7/100 (2.07) chains to a stake;
thence S. 330 W. Two 30/100 (2.30) chains to a stake; thence N. 570 W.
Two (2) chains to stake S.58, and point of beginning, containing Ninety
five hundredths (.95) of an acre.
Fourth. All the waters of Potrero and Logan Creeks, and of
all ravines whose waters empty or flow into said Creeks, and all
springs, the waters of which percolate, seep, flow or empty into said
Creeks or ravines North of a line drawn due East of a point Four (4)
chains South of stake 45, according to the survey and map above refer-
red to, and all rights thereto, without dimunition or disturbance, ex-
cept as hereinafter mentioned, which one Manuel Serrano, as repari.a.n
proprietor or otherwise, had, owned, enjoyed or possessed on the 18th
day of March, 1889, in or to, or in anywbse appurtenant to the follow-
ing tracts or parcels of land, namely; Lots One (1) and Nine (9), as
the same appear delineated on the map above referred to to which maf)
and survey and the field notes from which the same was compiled, re-
ference is hereby made for a more particular description. And the -2-
right to divert the same from its natural channels or beds on or below
the land granted and described in the second paragraph above, and to
convey and to conduct the same from any point of diversion in pipes
or flumes through, over or across the lands herei.noefore described
as lot Nine (9) according to said map and survey. Provided, however,
that there shall be only one line of pipes or flumes, through, over
or across said land, and the right of way therefor shall not exceed
Twenty feet in width.
Fifth. A strip of land Twenty feet wide to be used as a
right of way to conduct water through flumes or pipes on the South
and East side of the following courses; Commencing at stake N. 4
in the center of road; thence S. 14° W. Four 25/100 (4.25) chains to a
stake; thence S. 262° W. Three 20/100 (3.2.0) chains to a stake; thence
S. 8620 W. Three (3) chains to a stake; thence No. 85° W. Two 80 /100
(2.80) chains to'stake S. S.44; thence S. 7240 W. Five 15/100 (5.15)
chains to a stake; thence S. 45 3/40 W.'Three 32/100 (3.32) chains to
a stake; thence S. 69 3/40 W. Two 66/100 (2.66) chains to a stake;
thence S. 44. 3/40 W. Three 40/100 (3.40) chains to a stake; thence S.
57¢0 W. One 76/100 (1.76) chains to a stake; Also, a strip of land
as a right of way to conduct heater through flumes or pipes; Commenc-
ing at stake S. 58 (according to said map and survey, and being Twenty
(20) feet wide; thence S. 7 3/40 W. Eight (8) chains to stake S. 59;
thence S. 23 3/4 0 W. Eleven 35/100 (11.35) chains to stake S. 60 on
the Southern boundary of said lot number Nine (9).
Sixth. The right to take from any part of lot Nine (9)
South of Potrero and Logan Creeks all materials, such as stone, rock
and earth, which may be necessary and convenient for the construction
of reservoirs, dams, flumes, ditches and aqueducts by the party of the
second part. And Also, the right to go in, upon, over, through or
across any of the land above described for the purpose of conducting
or excavating ditches, flumes and aqueducts, or to repair or clean
the same.
Seventh. All that tract of land lying and being situate in
said County and State, and being a part and parcel of the South East
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quarter of the South East quarter of Section Twenty four (24), and of
the North East quarter of the North East quarter of Section twenty five
(25) in Township Thirty (30) South, of Range Twelve (12) East, Mount
Diablo Meridian, described as follows: Commencing at a point Twenty
one hundred (2100) feet N. 802° E. from the corner common to Sections
Twenty three (23), Twenty four (24), Twenty five (25) and Twenty six
(26) in Township Thirty (30) South, of Range Twelve (12) East, Mount
Diablo Meridian, and running thence S. 28° 7' W. Three hundred and
fifty three (3.53) feet; thence N. 600 53' W. Three hundred and ten
(310) feet; thence N. 190 27' W. One hundred and forty seven (147)
feet; thence N. 1° 32' W. One hundred and forty (140) feet; thence N.
640 8' E. Eighty four (84) feet; thence S. 82° 9' E. One hundred and
twenty eight (128) feet; thence S. 570 18' E. Two hundred and thirty
six (236) feet to the place of beginning, containing Two 88/100 (2.88)
acres. This piece of land is to be used for the purpose of a reservoir,
wherein to store water for the furnishing of the City of San Luis Obispo,
and its inhabitants with pure, fresh water, and the piece of land above
described is that surveyed for such reservoir by H. C. Ward, in 1876.
Eighth. The right of way for conducting water in fltuues or
pipes over and through the tract of land in said County and State,
described as the South East quarter of the South East quarter of Sec-
tion Twenty four (24) in Township Thirty (30), South, of Range Twelve
(12)East, Mount Diablo iii= �ridian, diagonally across said tract, as sur-
veyed by said H. C. Ward, from the East line of said tract, to the
reservoir above mentioned, said right of way to embrace a strip of
land Sixteen and one half feet wide.
Ninth. Also, the right of way to carry and conduct water,
for the purpose aforesaid, from said reservoir through, over and across
the North half of the North East quarter of Section Twenty five (25),
in Township Thirty (30) South, of Range Twelve (12) East, Mount Diablo
Meridian, to connect the present flume of the San Luis Water Company
in use by it in supplying water to said City of San Luis Obispo, said
right of way to embrace a strip of land thirty three (33) feet wide.
Tenth. The right to divert the waters flowing in their
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natural bed or channel of the San Luis Obispo Creek through the tract
of land described as the North half of the North East quarter of Sec-
tion Twenty five (25) in Township Thirty (30) South, of Range Twelve
(12) East, Mount Diablo Meridian, to be taken out of said Creek any-
where above said lands, or on said lands.
Eleventh. The right of way to conduct water through a
covered flume or pipe on and along the sidehill and over lands des-
cribed as the North half of the North East quarter of Section Twenty
five, in Township Thirty (30) South of Range Twelve (12) East, Mount
Diablo Meridian, and the use of a.strip of land Ten (10) feet wide on
the line of the present flume of said grantor used by it to conduct
water to said City of San Luis Obispo, for said right of way.
Twelfth. The right of way over and across lot number One
(1) of Section Thirty (30) in Township thirty (30) South, of Range
Thirteen (13) East, Mount Diablo Meridian, of sufficient width for
the construction of flumes, ditches and pipes and for the proper atten-
tion thereto and maintenance thereof; and also, a small tract of land,
part of said premises to be used as a reservoir, said small tract for
said reservoir not to exceed Three (3) acres in extent. The intention
hereof being to convey to the grantee herein all the rights and privi-
leges conveyed by C. H. Phillips to the San Luis Water Compantg, by
deed dated August 4th, 1879, and recorded in the office of the County
Recorder of the County of San Luis Obispo, in Liber "L" of Deeds, at
page 470, and following.
Thirteenth. Lot "P" of Block Forty six (46) of Phillips"
Addition to the City of San Luis Obispo, according to the official map
of said Addition on file in the offic- of the County Recorder of the
County of San Luis Obispo, State of California.
Fourteenth. Lots Seven (7), Eight (8), and Nine (9) in
Block Eighty eight (88) of Murray and Church's Addition to the City
of San Luis Obispo, according to the official map of said Addition on
file in the office of the County Recorder of the County.of San Luis
Obispo, State of California.
Fifteenth. The right to take and use all the water running
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and which may at any time be running in a certain Creek, or stream and
in all creeks and streams on the following described tracts of land,
situate, lying and being in the County of San Luis Obispo, State of
California, and more particularly bounded and described as follows:
to -wit: The South East quarter of the North West quarter of Section
number Thirty (30) in Township Thirty (30) South, of Range Thirteen
(13) East, Mount Diablo Meridian. And also, an easement upon and over
the said land for the diversion of the Creeks and water courses thereon,
and all the water therefrom; and also, an easement upon and over the said
tract of land for the purpose of erecting and maintaining thereon, and
over whatever route that the said party of the said party of the second
part may from time to time select, of flumes, pipes and water tanks of
such dimensions as the said party of the second part may desire; and
also, the right of entry upon and occupation of the above described land
for the purpose of erecting flumes and water tanks and laying pipes
thereon, and of repairing the same, and also, the right to remove such
earth, gravel, stones, trees and timber as may be necessary for the uses
aforesaid. Together with all the rights and privileges which may be
necessary for the free and beneficial use and enjoyment of all the
water running or flowing in all of the streams or Creeks on the above
described tract of land.
Sixteenth. All pipes, flumes, aqueducts and reservoirs now
in or upon that certain tract of land in the County of San Luis Obispo,
State of California, described as follows, to -wit: The West half of
the North West quarter and the North East quarter of the North West
quarter of Section Twenty five (25) in Township Thirty (30) South,
of Range, Twelve (12) East, Mount Diablo Meridian, for storing and con-
ducting water to the City of San Luis Obispo, and so much space as
may be necessary for the same; And the right of way to and along the
same for keeping said property in repair and for laying down new pipes
and aqueducts in place of those now in use; And also, the right to
divert at all times and to keep diverted all the waters of the San
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Luis Obispo Creek, from its natural bed or channel at any point there-
on above said above described tract of land, and to prevent the waters
of said Creek from flowing in its natural channel over or through said
tract of land; and also, all water rights now owned, claimed, used,
exercised or enjoyed by the said party of the first part as a water
Company for conducting water to the City of San Luis Obispo, and attached
to or in any manner connected with or growing out of said tract of land
or in which said tract of land may in any manner be tributary. Also
the right to divert at all times and to keep diverted the said waters
as aforesaid, and the right to enter at any time upon said premises
and to use such parts thereof as may be necessary to preserve its water
rights for supplying the' City of San Luis Obispo, or the inhabitants
thereof, with water. And also, all water rights, easements and privileges
now owned or ever claimed, used or enjoyed by said party of the first
part, or in any manner connected with the said premises. Also, the
right at all times for the said party of the second part, its successors
and assigns, and its servants and workmen, free to enter upon the land
adjoining the said flumes, water pipes and reservoirs for the purpose
of cleaning, construction and repairs.
Seventeenth. Also, all of the reservoirs, flumes, mains,
pipes, hydrants, pumps, faucets, water rights, water, lands, privileges,
easements, and all property, real, incorporeal and personal used in
or to be used in, or in anywise connected with the business of supply-
ing the City of San Luis Obispo, or its inhabitants with water.
Eighteenth. Also, all property of whatsoever kind or nature
owned or possessed by the party of the first part in the County of
San Luis Obispo, State of California. Excepting however, all moneys
belonging to said The San Luis Water Company, and also all bills re-
ceivable, accounts and debts due or owing to said Company, and also
one half of all moneys due or to become due, from consumers, for water
furnished or to be furnished, during the month of February, 1900.
This Deed is made pursuant to a Resolution of the Stockholders of said
The San Luis Water Company, passed. at a Stockholders' Meeting, regularly
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called and held at the City of San Luis Obispo, in the County of San
Luis Obispo, State of California, on the Thirteenth day of February,
1900, of which Resolution the following is a copy: "Resolved that the
Board of Directors of The San Luis Water Company, be, and they hereby
are, instructed and directed to sell and convey to the City of San
Luis Obispo, in the County of San Luis Obispo, State of California, a
Municipal Corporation, for the sum of Fifty thousand Dollars, in Gold
Coin of the United States of America, all of the reservoirs, flumes,
maines, pipes, hydrants, pumps, faucets, water rights, water, lands,
privileges, easements, and all property real, incorporeal and personal
used in, or to be used in, or in anywise connected with the business
of supplying the City of San Luis Obispo, or its inhabitants with water,
including all lands, water, water rights.and easements acquired by said
Company from Manuel Serrano, and also all property: of whatsoever kind
or nature owned or possessed by the said The San Luis Water Company,
in the County of San Luis Obispo, State of California. Excepting
however, all moneys belonging to said The San Luis Water Company, and
also all bills receivable, accounts and debts due or owing to said
Company, and also one half of all moneys due or to become due, from
consumer, for water furnished. or to be furnished, during the month of
February, 1900." And pursuant to a written authorization and request sig-
ned by all the Stockholders of said Corporation, as follows: .
"Know all men by these presents: That we, P. W. Murphy,
Commercial and Savings Bank of San Jose, E. McLaughlin, Estate of
C. T. Ryland, deceased, Estate of R. P. Keating deceased, Annie E.
Tate, C. A. Haskin, Henry Lefrance, and Joseph R. Ryland do hereby
consent to, authorize and direct the Board of Directors of said San
Luis Water Company to grant, bargain, sell and convey to the City of
San Luis Obispo, a Municipal Corporation, in this State, the following
described property, to -wit: All of the reservoirs, flumes, mains,
pipes, hydrants, pumps, faucets, water rights, water, lands, privileges,
easements, and all property real, incorporeal and personal, used in or
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to be used in, or in anywise connected with, the business of supplying
the City of San Luis Obispo, or its inhabitants with water, including
all lands, water, water rights and easements acquired by said Company
from Manuel Serrano; and all property owned in San Luis Obispo County
by said Company. And also, pursuant to a Resolution of the Board of
Directors of said The San Luis Water Company, passed at a Directors'
Meeting regularly called and held at said City of San Luis Obispo, on
the Thirteenth day of February, 1900, of which the following is a copy:
"Resolved that The San Luis Water Company sell and convey
to the City of San Luis Obispo, in the County of San Luis Obispo,
State of California, a Municipal Corporation, for the sum of Fifty thou-
sand Dollars, in Gold Coin of the United States of America, all of the
reservoirs, flumes, mains, pipes, hydrants, pumps, faucets, water rights,
water, lands, privileges, easements, and all property real, incorporeal,
and personal used in or to be used in, or in anywise connected with
the business of supplying the City of San Luis Obispo, or its inhabitants
with water, including all lands, water, water rights and easements
acquired by said Company from Manuel Serrano; and also all property of
whatsoever kind or nature owned or possessed by the Said The San Luis
Water Company, in the County of San Luis Obispo, State of California;
Excepting however, all moneys belonging to said The San Luis Water
Company, and also all bills receivable, accounts and debts due or owing
to said Company, and also one half of all moneys due or to become due,
from consumers, for water furnished or to be furnished, during the
month of February, 1900; And that the President and Secretary of said
The San Luis Water Company be and they .are, hereby instructed and direct-
ed to execute and deliver the necessary deeds for conveying the same."
IN WITNESS WHEREOF the said party of the first part has
caused these presents to be executed, and its Corporate Seal to be
hereunto affixed the day and year first above written. The San Luis
Water Company by P. W. Murphy, President. By C. A. Haskin, Secretary.
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STATE OF CALIFORNIA )
) SS
County of San Luis Obispo )
On this fourteenth day of February, One thousand nine hundred,
before me, E. P. Rogers, a Notary Public in and for said County and
State, personally appeared P. W. Murphy, knwon to me to be the President,
and C. A. Haskin, known to me to be the Secretary, of The San Luis Water
Company, the Corporation that executed the foregoing instrument, and
they each acknowledged to me that such Corporation executed the same.
WITNESS my hand and official seal, hereto affixed, tae day
and year last above written. E. P. Rogers, Notary Public, Filed for
record at request of William Shipsey, February 14th A. D. 1900 at 25
Min. past 10 o'clock A.M.
J. F. Fiedler,
Recorder
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