HomeMy WebLinkAboutD-907 Johnson Ave. Recorded 12/13/1973• �, na. 40838
*WAN OFFICIAL RECORDS 0 3410 19; aQQ���.�� OR
LUIS OBISPO CO., CALIF.
WILLIAM E. ZIMARIK, 034 f 0i 19:; 00000UOU
__ COUNTY RECORDER
RECORDING REQUESTED BY: DE0191g73
CTPY OF SAN LUIS OBISPO
P.O. Box 321
San Luis Obispo, CA 93406
WHEN RECORDED MAIL TO: EASEMENTS �,OM
CITY OF SAN LUIS OBISPO
P.O. Box 321
San Luis Wci' V81U8ble consideration as set out herein, Martin Polin and
Susan Polin, husband and wife, hereby grant further easements to the
City of San Luis Obispo, California, in that certain parcel of land in
which the said city already owns an easement, described in Instrument
No. 3332 on Page 119, in Volume 1109 of the Official Records of the
County of San Luis Obispo, State of California, as follows:
1. All portions of any encroachment upon the City's easement, which
encroachment has been allowed or accepted by the City, shall be at
least ten feet, measured vertically, above the final ground surface.
The final ground surface shall be at least two feet above the top of
the existing water main as shown in the records of the City Water
Department, or as determined by exploration, if exploration has been
done at such time.
2. All future improvements within the easement except asphalt paving,
landscaping that ordinarily matures to a height of less than four
feet and fencing immediately within and along the northwesterly property
line, shall be subject to the approval of the Director of the Water
Department.
3. No physical obstruction which would prohibit free access to any
portion of the easement except asphalt -paving, landscaping that
ordinarily matures to a height of less than four feet and fencing
immediately within and along the northwesterly property line, shall
be constructed within the easement except as approved by the Director
of the Water Department.
4. The owners of the servient tenement, including the grantors herein,
their beirs or assigns, shall waive any rights to compensation for
damages to any improvements on the easement resulting from the opera-
tion, maintenances restoration or future construction of City facili-
ties within the easement.
5. The use of the'easement shall at all times by subject to the
paramount rights of the City to use such easement for the purposes
for which it was originally reserved and if in the course of operation,
maintenance or restoration of existing facilities or construction of
future City facilities it becomes necessary for the City to remove
any improvements within the easement, such removal shall be accomp-
lished by the City without responsibility for restoration or replace-
ment of the improvements.
6. Provided, however, it is agreed that nothing herein shall modify
or contradict the building plans. designated as Office Building for
Martin Polin, Architect Andrew 0. Merriam, A.I.A., dated December 220
19720 as finally revised to meet City approval and filed with the 'Q
City Department of Planning and Buildings, parts of which are the �0
consideration for the granting of the above easements.
Go
Dated: January 1973.
PO
STATE OF CALIFORNIA SUSAN POLIN
as
COUNTY OF SAN LUIS OBISPO ) DIME F. DALY
On January 25, 1973 before me, the NOTARY PUBLIC
un ers gne Notary e n and said State, SAN LUfS OBISPO COUNTY
personally appeared Martin Polin and Susan Polin M
My Commission Expires May oy ig 19, , 1975
known to me to be the persons whose names are
subscribed to the within instrument and acknowledged
that they executed the same.
WITNESS my band and official seal.
NOTARY PUBLI .. � 90-7
CERTIFICATE OF ACCEPTANCE
�s�asss� *os #sit *s
THIS IS TO CERTIFY that the interest in real property conveyed
by the EASEMENT dated January 25
19 73 from Martin Polin and Susan Polity,
husband and wife,
to the CITY OF SAN LUIS OBISPQ, 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 MAy 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; December 13, 1973
CITY OF SAN LUIS OBISPO
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