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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 C z u ck, C,ti 67f F`11 . . X1381 hAG*E546 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. a 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. CC 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 C By: Norman A. Sherr Deputy District Attorney NAS:nn enc.