HomeMy WebLinkAboutD-886 Easement-Mission Plaza San Luis Creek (Brazil'S Jewelry) Recorded 01/20/1972Recording
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P. 0. Box
San Luis 0
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OFFICE OF THE
CITY ATTORNEY
C,TT HALL
4890 PALM STREET
I F BOX ZB -HB�E
,
.quested by
Luis Obispo
328
ispo, CA 93401
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Doc. No, 9558
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CALIF.
WILLIAM E. ZIMARIK,
COUNTY RECORDER
MAR 2 91972
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AGREEMENT AND GRANT OF EASEMENT
The undersigned grantors, owners of that certain property located in the City of
San Luis Obispo, County of San Luis Obispo, State of California, and described as:
That portion of Block 10 in the City of San Luis Obispo, as laid down
and designated upon the Map of said City compiled by H. C. Ward,
City Surveyor, November, 1878, described as follows:
Beginning at a point on the Northerly line of Higuera Street 60 feet 6
inches North 530 07' East from the point of intersection of the Easterly
line of Broad Street with the Northerly line of Higuera Street, as said
streets are now extended and widened and running thence along the
present Northerly line of Higuera Street, North 5311 07' East 33 feet
and 6 inches; thence at right angles to said line of Higuera Street,
Northwesterly 159 feet more or less to the center of the Arroyo of
San Luis Obispo; thence down the center of said Arroyo 33 feet 6
inches more or less to a point in the center of said Arroyo North
36° 53' West of the point of beginning; thence South 36° 53' East and
parallel to the Easterly line of Broad Street 159 feet more or less
to the point of beginning.
hereby grant to the City of San Luis Obispo a ten foot (101 easement for public walkway
and pedestrian mall purposes along the rear portion of said property and a creek bank
maintenance and planting easement lying adjacent to and northwesterly of the walkway
easement and extending to the center of the creek, which easement is described as
follows: , VOL 1660 PAGE 795
That portion of the above described property as shown on the attached
Exhibit "A" lying northwesterly of a line parallel to the Higuera Street
frontage of said parcel, said line being 119.5 feet northwesterly of
said Higuera Street frontage.
City agrees to bear all expense connected with improving and maintaining said
walkway and mall, including installation of appropriate lighting and landscaping.
City shall hold grantors harmless from any and all liability for personal injuries,
property damage, or for loss of life or property resulting from, or in any way
connected with, the condition or use of the premises covered by the easements granted
herein, except such liability as is caused solely by the negligence of Grantors.
In the event the City determines that this easement is not needed for present or
future public purposes, the City shall then execute a quitclaim of the easement.
EXECUTED by the parties hereto on the dates indicated.
Date:
Date:
Emma E. S31va
T SAN LUIS
i.
10
tii dersiFned, a Notary Public in and for said County and State.
personally -
U'�
known to me
to he the person whose names 4 *4 ribed to the within
instrument and acknowledged tbat T "' .'ecuted the same.
Signatu
Name (Typed or Printed)
Notary Public in and for said County and State
FOR NOTARY SEAL OR STAMP
F ES R. SILVA
ARY PUBLIC �;y OBISPO COUNTY ALIFORNIA
mlaslon explr May 6, 1972.
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1 VOL 1660 PAGE 797, ,1,'.
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OFFICE OF THE
CITY ATTORNEY
CITY HALL
990 PALM STREET
P. O. BOX 1828
SAN Luis OBBmO.
CALIFORNIA 83401
(808) 543.8888
AGREEMENT
This Agreement is by and between the City of San Luis Obispo, a chartered
municipal corporation (hereinafter called "City') and R. A. Silva and E. E. Silva,
real property owners or lessees (hereinafter called "Owner') .
WITNESSETH:
WHEREAS, City has initiated a program for reconstruction of the public sidewalk
in the block adjoining the Mission Plaza bounded by Chorro, Higuera and Broad Streets,
thereby improving the City's attractiveness to visitors and residents; and
WHEREAS, Owner, as operator of a business open to the public and fronting on
one of said streets, will derive an economic benefit as a result of said sidewalk
and Owner desires to contribute to City all but fifty cents per square foot of the cost of
reconstructing the sidewalk in front of his property, payable over a three -year period; and
WHEREAS, a public purpose and a municipal purpose will be served by the
reconstruction of said sidewalk at the earliest opportunity.
NOW, THEREFORE, in consideration of the mutual promises, benefits and
agreements herein, the parties agree as follows:
1. City shall construct a Mission Plaza style sidewalk upon the public right -of way
fronting Owner's property and generally described as located at 718 and 720 Higuera Street,
San Luis Obispo, California.
2. City agrees to begin construction approximately July 24, 1972, with a
completion date of approximately August 4, 1972.
3. The estimated cost of reconstructing said sidewalk, which totals 371 square
feet in area, is $3.00 per square foot, or $1,113.00.
4. Owner will contribute to City the sum of $927.50 plus interest at the rate of three
per cent annually, payable semi annually over a three -year period as follows:
December 31, 1972, June 30, 1973, December 31, 1973, June 30, 1974,
December 31, 1974 and June 30, 1975. Owner may pay the remaining
balance in full at any time without penalty.
5. All payments shall be made at the office of the City Clerk, City Hall,
San Luis Obispo, California.
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EXHIBIT A--
EASEMENT
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CREAK BANK AlAINTfNANCE ij
5uvA TO CITY OF SAN Luis oelSpo
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r �0�1660 PAGE 198
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CERTIFICATE OF ACCEPTANCE
O SRO itti #4*$0**•
THIS IS TO CERTIFY that the interest in real property conveyed
bythe Agreement and Grant of dated January 12
Easement
19 72 , from Rudolph A. Silva and Emma E. Silva
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 549
(1959 Series), recorded Way 26, 1959, in Volume 1002, Official
Records, Page 292, San Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his agent.
Date: January 20_ 1972
ATTEST:
ilk' Saui4/
- a5
C N LUIS OBISPO
By
Mayor Pro Tempore
Emmons Blake
CCD
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CA
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VOL 1660 PAGE 799
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99
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ALAF
0 PALM ST
April 18, 1972
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OR IN 1A '93 01
CITY CLERIC
R E E T 543 -7150
Mr. Rudolph A. Silva
c/o Brasil's Jewelers
720 Higuera Street
San Luis Obispo, CA 93401
Dear Sir:
Attached for your files is a fully executed and recorded
copy of the agreement and grant of easement for the area
behind your store and incorporated into the Mission Plaza.
Thank you for the most generous action on your part.
Yours truly,
dl/ PLC.'i �
J. H. Fitzpatrick
City Clerk
JHF:ngb
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OFFICE OF THE
CITY ATTORNEY
CITY HALL
990 PALM STREET
P. O. BOX 1828
SAN LOIB OBISPO.
CALIFORNIA 95401
(805) 545 -8888
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date indicated below.
Date: q v
Attest:
rV- , 110- 1 i�
CITY OF SAN LUIS OBISPO
OWNER
Silvap� V
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