HomeMy WebLinkAboutD-644 Phillips Addition695
EASEMENT DEED
v
ni1381 PacE545
THIS INDENTURE, made the 2nd day of Augusi , 1965,
by the COUNTY OF SAN LUIS OBISPO, a political subdivision of the State of Calif-
ornia, the party of the first part and the CITY OF SAN LUIS OBISPO, a municipal
corporation, the party of the second part;
WITNESSETH:
That the party of the first part, for a valuable consideration, receipt of which
is hereby acknowledged, does hereby grant unto the party of the second part, subject
to the mutual covenants, conditions, promises and agreements herein set forth, the
perpetual right -of -way and incidents thereto to construct, maintain, repair, replace,
enlarge, operate and remove a sanitary sewer line together with the right of access
thereto and therefrom in,under, upon and across that certain real property situate in
the County of San Luis Obispo,State of California, described as follows:
That portion of Lots 1, 2, and 12 of Block 137 of
Phillips Addition owned by the County of San Luis
Obispo as shown by Court Order No. 4028 dated Jan-
uary 1, 1950, and recorded in Volume 547 of Official
Records at Page 182.
Beginning at the most Northerly corner of Lot 1, Block
137 of Phillips Addition; thence S 530 38' W along
the southerly property line of Mill Street a distance of
39 50 feet to the True. Point of Beginning; thence S
206 g8' E a distance of 175.0.0 feet to a point; thence
N 69 52' E a distance of 15.00 feet to a point; thence
N 200 08' W a distance of 140.00 feet to a point;
thence on a curve to the right tangent to the last des-
cribed line, with a radius of 80 feet through an angle
of 320 32' for a length of 45.43 feet to a point; thence
S 530 38' W along the southerly property line of Mill
Street 28.70 feet to the True Point of Beginning.
Containing 0.066 acres, more or less.
1. Grantee, by accepting this easement deed expressly agrees for itself,
its successors and assigns that it will not make use of the premises described herein
in such a manner as to prevent pedestrian access from the Veterans Memorial Building
to the Legion Clubhouse. During times of construction, maintenance or repairs, a
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pedestrian walkway shall be erected to accomplish this end. Grantee shall also main-
tain traffic access for parking during such times. In the event the aforesaid covenant
is breached, Grantor reserves the right to enter upon the premises described herein
and cause the abatement of such interference at the expense of the Grantee, without
any liability to Grantor whatsoever.
2. At any time construction, repairs, maintenance or like work is to take
place for the purposes of this easement, the Grantor shall- have five days prior written
notification of the same. Any and all barricades, flags, lights, and other like devices
as are required for public safety shall be furnished by Grantee at his sole cost and
expense.
3. Grantee, upon the completion of any construction, maintenance or
repayir designated in this easement deed shall be responsible for restoring any portion
of the premises which has been excavated or otherwise disturbed to its former condition.
Grantor retains the right of inspection upon the completion of any such construction,
maintenance or repairs. All scraps and other debris shall be entirely removed, and the
premises left in as presentable a condition as before the work was commenced.
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4. Grantee agrees to assume the defense of and indemnify and hold harm-
less Grantor, its officers, agents and employees from any and all claims, liability,
loss, injury, attorney fees, court costs and damages of whatsoever kind and nature
and to whomsoever occurring, directly or indirectly arising out of, or under the con-
ditions and provisions of,this easement deed.
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5. Grantor = retains all such other rights to the use, enjoyment and benefits
of said property that do not unreasonably interfere with Grantee's uses for which said
easement is granted.
IW'A
IN Th. BOARD OF SUPER. lSORS
_> �D COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
----- Lima day ------ = .iz- >?st -L - --
-919_&r-
PRESENT: Supervisors M. Roland Gates, Gc:muel Bor'radori, Lyle F. Crrpentor,
H ans Ha.ilm.ama, and C2aainman Pred C. Kimball
ABSENT: _,one
i RESOLUTION a0. �
/RESOLUTION OF INTENTION TO GRANT AN EASEMENT OVER COUNTY
REAL PROPERTY TO THE CITY OF SAN LUIS OBISPO
WHEREAS, the Con* of Sao Late Obispo now OEM rein property situated
in ft City.of Sao Lai$ Obispo, Csudy of San Luis Obispo, Staff of Catfforels, dos-
a%W to Exhibit "R" attached heseWo and
WHEREAS, said Cadpomed mW pqwty is not now and will ad In the
ham be rmfeed for County ass, and
WHEREAS, It is to ita p611c fad that Cody 9fM to W Clty of San
Luis Obispo an easemmit for saottary sew The togetim with the rt* of mess
theemto ad Wrebom in, under, upon arA across said Coady -owned rat psoperty set
nth is Exhibit "A".
1407i, THEREFORE, BE IT RESOLVED and ORDERED by the Dowd of
Supervisors of the County of am LUIS Obispo, State d Califomia, ae fellows.,
a. That the Cdr of San Luis Obispo this to pmt in Moment for
sanitary sew Ike togeom wish We rfpht of Sam them* andime-
fnom fa, under, upon aud moss said Mal Ry set
forth in Exhibit "A ", attached i � made a pat how"0 in the
Supwism, Chas, Comthm a Amex, San Luis fbfspo, Cal* -.
2. That ties County CIeA of the of Saxe Luis Obispo be and hemby�
is as ired � dir�9 to �lis mUce of mW lal tfss of the
County of San Luis Obispo, by publishing said noUce'pwvmd to
Section 6061 of im � Cede at tent one +yak pier "web
In a otgermal Matto* publishe f in 110 County of San
Luis Obispo.
39 Thai this resolution is by aP tsar A iww-fifth We of this Beard*
on motion Of Supoviscr .Wn i 1 mana.0sionM by Supmtlisef
asd an to ieilow" roll deli vote, W wits
AVESs Supervisors Fig; il:^ 1-cknn, Eorradori ,Gate3,Carpenter,Chrairmen Kimball
HOESu [Jove
ABSENTS 71one
go toaeoc" mesetatton is hereby amt.
ATTESTi 4sl Fred C. Kimball
Cbabmn of tthie SoW rd v
/s/ A.E. Mallagh.
PA-34
STATE OF CALIFORNIA,
County of San Luis Obispo, ss.
I _____ A. - j — _TIT ---------- - -. - -_ County Clerk and ex-officio Clerk
of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do
hereby certify the foregoing to be a full, true and correct copy of an order made by the Board
of Supervisors, as the same appears spread upon their minute book.
WITNESS my hand and the seal of said Board of Supervisors, affixed this ----- 1^th
_ -- 17th
day of ------ = =u -ust ----- - - - - -� 19__65.
A. 2. MALLAGH
---------------------------------------------
County Clerk and Ea- Officio Clerk of the Board
AL) of Supervisors
By --�
------ - - - - -- --------------- --
Deputy Clerk.
That portion of Lots 1, 2, and 12 of Block 137 of
Phillips Addition owned by the County of San Luis
Obispo as shown by Court Order No. 4028 dated Jan-
uary 1, 1950, and recorded in Volume 547 of Official
Records at Page 182.
Beginning at the most Northerly corner of Lot 1, Block
137 of Phillips Addition; thence S 530 38' W along
the southerly property line of Mill Street a distance of
39.50 feet to the True Point of Beginning; thence S
200 08' E a distance of 175.00 feet to a point; thence
N 69° 52' E a distance of 15.00 feet to a point; thence
N 200 08' W a distance of 140.00 feet to a point;
thence on a. curve to the right tangent to the last des-
cribed line, with a radius of 80 feet through an angle
of 320 32' -for a length of 45.43 feet to a point; thence.
S530 38' W along the southerly property line of Mill
Street 28.70 feet to the True Point of Beginning.
Containing 0.066 acres, more or less.
EXHIBIT "A"
. r
s
That portion of Lots 1, 2, and 12 of Block 137 of
Phillips Addition owned by the County of San Luis
Obispo as shown by Court Order No. 4028 dated Jan -
uary 1, 1950, and recorded in Volume 547 of Official
Records at Page 182.
Beginning at the most Northerly corner of Lot 1, Block
137 of Phillips Addition; thence S'530 38' W along
the southerly property line of.Mill Street a distance of
39.50 feet to the True Point of Beginning; thence S
200 08' E a distance of 175.00 feet to a point; thence
N 690 52' E a distance of 15.00 feet to a point; thence
N 200 08' W a distance of 140.00 feet to a point;
thence on a curve to the right tangent to the last des -
cribed line, with a radius of 80 feet through an angle
of 320 32' for a length of 45.43 feet to a point; thence
S 530 38' W along the southerly property line of Mill
Street 28.70 feet to the True Point of Beginning.
Containing 0.066 acres, more or less.
EXHIBIT "A"
w ,►
August 9, 1965
District Attorney's Office
Court House
San Luia Obispo, California
Attn: Norman A. Sherr
Deputy District Attorney
Dear Sir:
As per your instructions, enclosed please find Basement Deed
for sever line at Veterans Nem_orial Building Pasking 7.e —t,- aII"yaar-
(4) copies of which have been eaecuteCby t-fii—CI ty o� San Luis Obispo,.
They are being returned to your office for execution by the County of
D..San Luis Obispo.
Yours truly,
J. H." FITZPATRICK
CITY CLERK .
JHF:tlm
Encls..
Y �
JAMES W. POWELL
District Attorney
DISTRICT ATTORNEY
Courthouse
SAN Luis OBISPO, CALIFORNIA - 93401
28 July 1965
William Houser, City Attorney
City of San Luis Obispo
990 Palm Street
San Luis Obispo, California
Re: Sewer Line Easement/Veterans Memorial Building Parking Lot
Dear Mr. Houser:
Telephone 543 -1550
Confirming our conversation this date, enclosed herewith are four copies
of the subject Easement Deed. The grant of this easement to the City of San
Luis Obispo has been requested by Mr. David F. Romero, City Engineer, and
has been approved by the Board of Supervisors of the County of San Luis Obispo,
by Board Order No. 24, dated July 6, 1965.
In the event the enclosed Easement Deed meets with your approval, we
would appreciate your obtaining the signature of the City of San Luis Obispo
and returning it to this office for further processing. We are under the impres-
sion that the City is anxious to start working on this project:and, inasmuch as
the County must publish a notice of intention to grant the easement, some time
will necessarily be lost.
Should you have any further questions regarding this matter, please do not
hesitate to contact this office.
Very truly yours,
J ES W. POWELL, District Attorney
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By: Norman A. Sherr
Deputy District Attorney
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