HomeMy WebLinkAboutD-553 (Foothill Blvd.) Calif. Park Subdivision4
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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. .
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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
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STATE OF CALIFORNIA ) ►-'
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COUNTY OF SACRAMENTO ) D
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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.
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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
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"
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