Loading...
HomeMy WebLinkAboutD-553 (Foothill Blvd.) Calif. Park Subdivision4 32 2`73 - - -- PAS •104 ` ... lo-8-63 AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT AND GRANT OF EASEMENT, made and entered into this 3rd day of August 196 =, by and between the STATE OF CALIFORNIA, acting by-and through its Director of General Services, hereinafter called State, and dityr ok San Luis Obispo hereinafter called Grantee: W i T N E S S E T H:.. / That the State, pursuant to, the provisions of Section 13105 of the. Government Code of the State of California, and in consideration of, the sum of none receipt of which Is hereby acknowledged, does grant unto"Grantee, .its successors and-assigns forever, an easement to construct, use, maintain, alter, add to, repair and replace a road upon, over and across that certain real property situated In the County of San Luis Obispo State of California, described as follows: That portion of Section 27 described as follows: Beginning at the northwest corner of Lot 30 of the California Park Subdivision according to a -map recorded December 2. 1919,,in Book -2,'at Page 36.0f.Maps in the County Recorder's Ofiice,.County of San Luis Obispo; thence S 1° 03' E, a.distance of 7.98 feet; thence on a.curve to the.left with a. radius of' 538 feet through an angle of 0° 06' 10" for a length of 0.97 feet; thence N.89° 35.' 30" W, tangent to last described curve, ,a distance of 102.19,feet; thence on a curve concave to the left,. tangent to East described line with a radius of 44.00 feet through an angle of 91°_04' 17" for a length of 69.94 feet; thence on a curve concave to the right with a tangent vhich,bears N 1 °,30' 10" W with a radius of 50.00 feet through an angle of 910 15' 10" for a length of 79.63 feet; thence t 89° 45' E, a- distance of 97.85 Peet to the Point of. Beginning. . ri �v L.1324 PAGE731 PROVIDED, HOWEVER, that this Grant of Easement by State is made under and subject to the following terms.-and conditions which Grantee hereby accepts: 1. This Grant is subject to all valid and existing contracts; leases,,-licenses, easements..encumbrances,.and claims of title which may affect said property and the'use of the word "Grant" herein shall not be construed as a covenant against the existence of any thereof. 2. Grantee, its agents and employees, shall have the right of ingress to and egress from said Easement, using the most practicable routes: . 3. Grantee hereby waives all claims against the State, its officers, agents, and employees, for loss or damage caused by arising out of, or in any way connected . with the use by Grantee of said real property or the exercise of said Easement., and Grantee agrees to save-harmless and indemnify the State, its officers_, agents, and employees, from any and all I oss, damage and liability which may be suffered or incurred by the State, its officers, agents, and employees caused by, arising out of, or in any way connected with the use by Grantee of said real property or the exercise of said Easement. 4. State expressly reserves the right to the use of said real property, in any manner, provided such use does not unreasonably interfere with the use of the Easement herein granted. 5. State expressly reserves the right to require Grantee-, at the expense of State, to remove.and relocate all improvements placed by Gran, tee upon the Easement upon determination by State that said improvements interfere with the future development of State's real property. Grantee agrees that within one hundred eighty days after written notice from State. of such determination by State and demand for .removal and relocation of said improvements, Grantee shall remove and relocate said improvements to a feasible location on the property of the State, and State shall furnish Grantee with an easement for said improvements in such new location, and Grantee thereupon shalII reconvey to State the easement herein granted. 6. This Easement shall terminate in the event Grantee at any time during the existence hereof; fails for a continuous period of eighteen months to use said Easement for the purposes herein granted. In the event of such termination Grantee -shall deliver to State within thirty days after, service of written demand therefor a quitclaim deed to the rights arising hereunder, and shall, if requested by State, and without expense to State, and within ninety days from such time as State may notify Grantee,•.remove all property and equipment placed by or for Grantee upon said property and restore. said'premises as nearly as.possible to the same condition they were in prior to the execution of this Easement. In the event Grantee should fail to restore the premises in accordance with such request, State may do so at the risk of Grantee, and all cost and expense of such removal and restoration shall be paid by Grantee upon demand. I L z 0 c STATE OF CALIFORNIA ) ►-' ss COUNTY OF SACRAMENTO ) D rn On September 16, 1964, before one, the undersigned, a Notary Public in and for said County and State, personal T.y. appeared STANLEY H. YORSHIS, known to me to be the person whose name is subscribed -to.the within instrument, and acknowledged that he executed the same. WITNESS my hand and official seal: GRACE H. RADM Notary PublieNotary Pnblie. .1• •• .• �`' . State of California - Principal Office, Sacramento Co" ro My Commission Expires Jan. 18. 1967 1108 "O" St., Room 317. Sacramento 14. Calif. VO 1324° 732 PAGE IN WITNESS WHEREOF, this Agreement and Grant _of Easement has been executed in quadruplicate by the parties hereto as of the date first above_ written. STATE OF CALIFORNIA CERTIFICATE OF ACCEPTANCE N4324 PAGE 733 THIS IS TO CERTITY that the interest in real property conveyed by the Grant of Easement dated August 3 29 64 , from State of California to the City of San Luis Obispo, a Political Corporation, is hereby accepted in accordance with Resolution No. 549 (1959 Series), re.- corded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the grantee consents to recordation thereof. DATE :��1( %p� f d , 19. Document ,N%o, 2 r 332 . 1Lrlililwk Lay 4t �_F AT .a.ZMIN. PAST�Ib, VOL 4 O /R. P. 23a " SAN LUIS OBISPO COUNTY. CAL. NOV 191964 COMPARED CITY OF SAN LUIS OBISPO . ; ,. {rig' ". ��B•. ARTEST r ; CLERK Y 'STATE OF CAUFORNU\= REVENUE AND MANAGEMENT AGENCY EDMUND G. BROWN,.Governor DEPARTMENT OF GENERAL SERVICES Property Acquisition Service Rm. 67% 417 South Bill Street Los Angeles, California 90013 City of San Luis Obispo 990 Palm Street San Luis Obispo, California Atten: Mr. J. H. Fitzpatrick Gentlemen: September 14, 196+ Re: California Polytechnic College Agreement & Grant of Easement - Foothill Blvd. As requested in your letter dated August 31, X964, enclosed is Agreement and Grant of Easement between the State of California and the City of San Luis Obispo with the signature of Mr. Stanley H. Yorshis properly acknowledged. Thank you for calling this oversight to our attention. Sincerely yours, e4ob Land Agent RGD:mp Enclosure August 31, 1964 State of California Director of General Services 1109,, "0" Street Sacramento, California % Attn: Robert L. Harkness Subject: Grant of Easement Director -of General Services California State Dear Sir: Polytechnic College Enclosed please find the Agreement and Grant of Easement.between the State of California and the City of San Luis Obispo relative to a release j D -.of .021 acres of College property -at the southeast corner of the intersection of Santa Rosa Street and Foothill Boulevard. This is to inform.you that it is necessary that your "signature_be notarized in order to have it recorded. Thank you -very much for your cooperation in this matter. Yours truly, J. H. FITZPATRICK CITY CLERK JHF:tIm Encl. CIT i+► 01F C A lL d ll' ® R ITT I A C I T Y A T T 0 R N E- Y 990 PALM .STREET 543 -8666 August 28, 1964 MEMORANDUM From: Wm. M. Houser, Jr., City Attorney To: J. H. Fitzpatrick, City Clerk Re: State Grant of Easement Ascertain from Mary Hamlin whether the Grant can be recorded without acknowledgment of the State Director's signature and, if not, copy the document on our Copytron and send the for acknowledgment of the signature. WMH:kd Enclosure f�A G;R I C U L T U, R E `-APPLI ED ARTS CA.LIFOR San August 17, 1964 City of San Luis Obispo City Hall 990 Palm San Luis Obispo,,California Attention: Mr. Richard D.'Miller Administrative'.Officer E N G I N E E R I N G A P P L I ED S C I E N C E S TECHNIC irnia Subject: Grant of Easement Foothill Blvd. Attached is a completely signed copy of the.Agreement and Grant of.Easement between the State of California and the City of San Luis Obispo relative to a release of ,021.acres of College property at the southeast corner of the intersection of Santa Rosa Street and Foothill Boulevard. This copy is for your -permanent file. I sincerely hope that you use all available means to have the responsible contractor complete this project prior to the time that College convenes this fall, Sincerely, ;�a E. Douglas Gerard Coordinator, Building Program cc: Donald S. Nelson Attachment r1 RSSOLUPION NO. 549 (1959 Series) A RESOLUTION AUTHORUING THE WM TO ACCEPT AND CMMENT To RECORDATION OF DMMS OR GRANTS TO THE CITY OF SAN LUIS OBISPO. WHEREAS* Section 27281 of the Government Cods of California as smanded in 1957, permits the City Council, by goaeral resolution, to au- thorise as agent to accept and consent to the recordation of deeds and grants conveying any intSZWt in or easement upon real property to the City of San Luis Obispo for public purposes, by such agent executing the certificates as provided thsrainy wbIA& certificate shall.be attached to or printed an the deed at grant; -aid WHEREAS, it desiyable to appoint the Mayor as such agent and to authorise him to accept and consent to such retarding. HOV, THRUMS as rr 8p by the City Cooe:ciI of the City of San Leis Obispo, State of Califom4a: 1. That the Mayor of the City of Sm Luis Obispo, is hereby designated as the agoat to accept on behalf of said city and to consent to *.recordation of nay dead or great conveying an interpat la or easement upon real-property to the City of' 8sn`I Qbiapo;, 2. That the City Clerk is hereby dimmed to record this resolution. PASSED AND ADOPM this day of Mays 19590 by the follading roll call vote: Agffi: Kenneth W. Jam. 9Gor4d W. Shipsey, Dr, J. Berry Smith, Donald Q. Miller, IL Waters HORS: Hone ABSE�: Home ATTEST: I, J. H. FITZPATRICK, the duly appointed, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of RESOLUTION NO. 549 (1959 Series), passed and adopted on the 18th day of May, 1959, by the City Council of the City of San Luis Obispo. WITNESS my hand and the seal of the City of San Luis Obispo this 24th day of July, 1964. H ''"FfTZPATRICK a CITY CLERK City Council Minutes May 252 1964 Page -2- 3. Mayor Davidson reported to the Council tha_ he had met with Mr. Haino and reported to him of the Council's refusal of his counter - proposal for acquisition of his property on Foothill Boulevard for street widening. The Mayor suggested that the Council drop the present widening program for the north side of Foothill from Santa Rosa to Chorro Street due to the Council': feeling that the property to be acquired was too expensive. On motion of Councilman Graves, seconded by Councilman Miller, that the City retain an appraiser to make an appraisal of the property to be acquired so the City Council may get his opinion of the fair market value. Councilman Whelchel stated that he believed it was too late to hire an appraiser as Mr. Maino has made his offer and stated that he would not consider any compromise and that the City believed his proposal is too high, so he recommended that the City should forget this property acquisition. Councilman Miller stated the City Council does not know what the proper value of the property to be acquired is and that without an adequate appraisal, nothing can be intelligently discussed for this program. Motion carried. Mayor Davidson and Councilman Whelchel voted no. X. Mayor Davidson presented a communication from the City of Santa Maria inviting the City Council to take part in the annual rodeo and parade to be held on Saturday, June 6, 1964. The Mayor asked the Council to let the City Clerk know by the end of the week if they would or could take part so the City of Santa Maria could be notified. 4. 6r. M. Houser, City tttorney, then presented an agreement and a deed of easement to the City from Cal Poly for that portion of property owned by the College at the corner of Foothill Boulevard and Santa Rosa Street needed for street widening purposes. City Attorney Houser briefed for the Council's information the conditions of the agreement and stated while he did not believe this was a good agreement, it would not hurt the City as the land was being given to the City by the College. On motion of Councilman Miller, seconded by Councilman Whelchel, the Mayor was authorized to sign the agreement on behalf of the City of San Luis Obispo. Motion carried. 5. At this time the City Council continued their study of the proposed Sign Ordinance prepared by the City Planning Commission. On motion of Councilman Miller, seconded by Councilwoman McNeil, that Councilmen Graves and Whelchel be appointed as the Committee to study and prepare recommendations for signs that flash, move, or simulate movement, that shall be regulated by resolution or ordinance. Motion carried. Councilman Miller explained for the record, that he is against rotating signs, and stated that he made an error in voting for the rotating sign at the corner of Santa Rosa and Foothill Boulevard at last Council meeting, but regardless of that, he was against signs and wished to show his error in public. Mayor Davidson then listed some suggestions regarding rotating signs for the Committee to consider. 8600.6B2 Should read as follows: Two hundred (200) square feet for a hotel or motel. The Council stated that this was their. intent on their change made on May 11, 1964. I, J. H. FITZPATRICK, the duly appointed, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of an excerpt of minutes of the City Council for May 25, 1964, Page 2. WITNESS my hand and the seal of the City of San Luis Obispo this 24th day of July, 1964. J. FMPATRICR CITY CLERK •J h " I, J. H. FITZPATRICK, the duly appointed, qualified and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full, true and correct copy of an excerpt of minutes of the City Council for May 25, 1964, Page 2. WITNESS my hand and the seal of the City of San Luis Obispo this 24th day of July, 1964. J. FMPATRICR CITY CLERK