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Home My WebLink AboutD-957 Johnson Ave. Widening Recorded 04/20/1976W. .RECORDING REQUESTED BY City of San Luis Obispo AND WHEN RECORDED MAIL TO Name Office of the City Attorney street City of San Luis Obispo Address P. O. Box 321 City tate IS an Luis Obispo, CA 93406 se 097042 OF OOOOOOOOCARECR me. W, 15012 OFFICIAL REOM SAN LUIS VYISPO M CAE APR 2 01976 ODMPARM WIILLIAMy E ZIMARIK COUNTY REOORDER TIME P m . SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIX I.R.S. $ ....................IN THIS SPACE Grant Deed TO 405 C THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DANIEL C. CHASE and JUDITH P. CHASE hereby GRANT(S) to THE CITY OF SAN LUIS - OBISPO a permanent easement for street purposes.upon the following described real property in the City Of Sari Luis Obispo, County of Sari Luis Obispo , State of California: That portion of the Southeast quarter of the Southeast quarter of Section 26, and of the Northeast quarter of the Northeast quarter Of Section 315, in Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Beginning at the point of intersection of the Northeasterly line of Johnson Avenue with the Northwesterly line of Lizzie Street, as said line of Lizzie Street exists since the widening thereof; thence N 36D22'W along said Northeasterly line of Johnson- Avenue a distance of 197.00 feet to the true Point of Beginning; thence N 531 381E parallel to Lizzie Street a distance of 6.00 feet to a point; thence N 36122' W parallel to Johnson Avenue a distance of 49.00 feet to a point; thence S 53038' W a distance of 6.00 feet to a point on the Northeasterly line of Johnson Avenue; thence S 36 °22' E along said Northeasterly line a distance of 49.00 to the true Point of Beginning. Containing .007 acres, more or less. Dated March 3, 1976 cA,6 --��_ STATE OF CALIFQRnluis Obispo �SS. COUNTY OF�I J On 3 -3 -76 before me, the under - signed, a Notary Public in and for said State appeared 5a.niel C. Chase and Judith P. i ase - - - known to me to be the person —S whose names are subscribed to the within instrument and acknowledged that they executed the same. WITNESS my hand and official seal. t Signature Marilyn Perry Name (Typed or Printed) Daniel C. Chase / 1 /Cudith - r�er�>feirn�riraun>anm ® MARILYN PERRY NOTARY PUBLIC — CAUFORh7A PRINCIPAL OFFICE_ IN - SAN LUIS OBISPO COUNTY My Commission Expires July 20, 1979 0 a �uueneeeeuueeeeeeeeeeeoweetenpeeeeeeaeeeeteeuu® Title Order No. Fscrow or Loan No. (This area for official notarial seal) 0 [AL1892 PALL 617 CA n a y am O D Z i mf 0=3 0 p n m a::! ^ s ?y n - a m r r m v �+ m z < n C7 CC (D m n 3 T y am O D M m Z * nn m m a O � ni a m rm m m n m om3 H t • CERTIFICATE OF ACCEPTANCE �s� *s. *s�s�s * :• THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated March 3 19 76 , from Daniel C. Chase and Judith P.:Chase 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 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: April 20, 1976 , ATTEST: ity CITY OF SAN LUIS OBISPO END OF DOCUMENT r von 1892 PAC[ 618 N C!1 N N AGREEMENT AND RELEASE This Agreement, dated February 25 1976, is .between the City of San Luis Obispo (City), and Daniel C. Chase and Judith P. Chase, husband and wife (Chases). WITNESSETH WHEREAS, City has instituted condemnation proceedings for street widening purposes for an approximate six foot wide strip of real property fronting a parcel owned by Chases at-1730 Johnson Avenue in the City of San Luis Obispo, together with certain construction easements behind said strip; and WHEREAS, City has assessed said real property parcel in the sum of $3,213.01 for the beneficial effect of said project upon said parcel; and WHEREAS, the parties do not agree as to (1) the valuation in the condemnation proceedings, (2) the legality of said assessment, or (3) the value of.said beneficial effect; and WHEREAS, the Chases represent that they were not at any time within the past several years advised,by City of the City's street widening policy which encourages amicable settlement between property owners and the.City in relation to land dedications for street widening by property owners and the City has no reason to.contradict said representations.. NOW, THEREFORE, in consideration of the following mutual benefits, agreements and promises set forth herein, the parties agree as follows: I. Chases shall grant without charge to the City for street widening purposes a permanent easement as described in Exhibit "A" attached hereto, and such temporary easements on the adjoining real property parcel owned by Chases as may be necessary for the construction of City Plan No. 2 -72 for the widening of Johnson Avenue, including, without limitation, the construction of a retaining wall approximately eight (8) feet alongside the private driveway serving said adjoining property. 2. City shall cancel and release the assessment of $3,213.01 imposed on February 2, 1976, against the real property parcel owned by the Chases at 1730 Johnson Avenue in the City of San Luis Obispo, and more particularly described upon Exhibit. "B" attached hereto. 3. City shall prepare and file a stipulated Judgment of Dismissal as to the Chases as defendants in the condemnation proceedings on file in the Superior Court 'of San Luis Obispo County, No. 46180, incorporating this Agreement therein. ti 4. The City shall bear all costs connected with the construction of Plan No. 2 -72 fronting, and upon, said Chase property at 1730 Johnson Avenue. 5. The City will also at the time. of said project reconstruct the .private driveway upon the Chase property to align with the driveway ramp constructed as a part of said project; provided, . however, that the Chases shall bear all costs of.constructing and aligning all steps and entrances from said driveway to the residence upon said property; and provided, further, that the City's obligation in this paragraph to construct and align said driveway shall be o.f.no further force or effect if any differences, disagreements, or disputes between the Chases and adjoining Bilodeau - Warden property owners, or between the City and said Bilodeau- Warden owners, (1) hinder, delay, or prevent the City from constructing the driveway to full size and standards when it so.desires, or (2) impose increased construction costs, .time or effort upon the City. .6. The City will perform the construction work referred to herein at the same time as the widening of Johnson Avenue in front of the Bilodeau- Warden property. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. ATTEST: j� - - rk OF SAN LUIS OBISPO NOTARY: Daniel C. Chase ACC ✓� abdith P. Chase STATE OF California )) l ss. COUNTY OF San Luis Obispo i mweuaneeeuueeeeene [nnwueeuouneeenuu[ueH MARILYN PERRY `• NOTARY PUBLIC — CALIFORNIA 7 ' Y %� PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY My-Commission Expires July 20, 1979 �u[ uuue [eeuuuuuune�e[uu :uuuuuunnene® ON February 25 1976 before me, the undersigned, a Notary Public in and for said State, personally appeared Daniel C. Chase and judtth_P. Chase - - __ ---- __- - __ --_ known to me, j to be the persons whose name s are subscribed to the within Instrument, and acknowledged to me that t hem executed the same. WITNESS my hand and official seal. i r Notary Public in and for sA State. ACKNOWLEDGMENT— General— Wolcotts Form 231 —Rev. 3-64 _ r i That portion of the Southeast quarter of the Southeast quarter of Section 2.6, and of the Northeast quarter of the Northeast quarter of Section 35, in Township 30 South, Range 12'Eas.t, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Beginning at the point of intersection of the Northeasterly line of Johnson Avenue with the Northwesterly line of Lizzie Street, as said line of Lizzie Street exists since the widening thereof; thence N 36 °22'W along said Northeasterly line of'Johnson Avenue a distance of 197.00 feet to the true. Point of- Beginning; thence N 53° 38'E parallel to Lizzie Street a distance of 6.00 feet to a point; thence N 36 °22' W parallel to Johnson Avenue a distance of 49.00 feet to a point; thence S 53 °38' W a distance of 6.00 feet to a point on the Northeasterly line of Johnson Avenue; thence S 36 °22;' E along said Northeasterly line a distance of 49.00 to the true Point of Beginning. Containing .007 acres, more or less. EXIA ao 21 pages A' Page 0 I 1 rn 1 � 1 L i A 0* 9 o t', s �7 n z . Q�1 � ` n in n � � ' rn rn � CO J N 0 rin 0sl 0 ;oF,rF,�-- - - - - -- . 9;C? I L I - -�- - - -- =061 - -- � O I Z 0y6. 1 m of D m rn D t 0 I 1 rn 1 � 1 L i A 0* 9 o t', s �7 n z . Owl. I d EXHIBIT „A„ Page .2 of 2 --Page-s - - I \m w w 0 ry ro N N m o° o° � � n n � � rn � CO J N 0 rin ICU „w EXHIBIT „A„ Page .2 of 2 --Page-s - - I \m w w 0 ry ro N N m o° o° ^Yq, 1 BRECK ST 0 I n > M GO N �/ VA LIP Ln ') C) U) --Wi U) try CJJ FrI 132 1 N C: O�i 3 SL6 1J O - �j i 132 12 2 150 L N 53' 38'E X > - V, V% P V� V\ r- m G) ro N m MV\ �o 0 Vi F