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Home My WebLink AboutD-998 Mission Plaza Creek System Recorded 08/24/1977RECORDING REQUESTED CITY OF SAN LUIS OBISPO AND WHEN RECORDED MAIL TO NAME City Clerk 1 ADDRESS City of San Luis Obispo P.O. Box 321 CITY STATE E San Luis Obispo, CA 93406j NAME ADDRESS CITY & STATE I — L -1 MAIL TAX STATEMENTS TO J 10 0480314F AOOW0.00CARECR I=. NO'1 42066 OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL A AGG.24 1977 WILLIAM E. ZIMARIK COUNN MME � S O RECORDER pM SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax 8. .....A /d./vI ................ ❑ ( :ontpulcd on full Value of property conveyed, or ❑ (A)Tnlculed on full volue less liens & encumbrances remaltlln" thereon at time of sale. signature of declarant or aaenl deterinining lax - firm name• ❑ 17nincorporated area ❑ City of ... ........................ ....... Grant Deed FOIL A VALUABLE C0 SlllE1,'. 1'1OV. receipt of which is herel,v acknowledged, and in accordance with the requirements of Use Permit No. 458 of the City of San Luis Obispo, JAMES L. SWIFT hereby GRANT(S) to THE CITY OF SAN LUIS OBISPO, a chartered municipal corpor- ation the following described real property in the City of Sari Luis Obispo count• of San Luis Obispo state of California: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE paled— February 3-1-1-9 7-7— — - — —:L"�� STATE OF I:ALIFORNIA COVN. TI' OF -San Luis-r Obispo- _ -- J on - _ February- 3 „.- 19(7 before mr. ill,, nn ier. signed, a Notary Public in and for Said County and State. personally appeared. - James L. Swift ..- known to me In he who”. nam • as erihed to the within in�lr'nt rot aitd ar�C�nnwlellp.ed It he ezeruted the Same. an 'I'ille l)rder \I, L -l' cc I cRev. ��l e pt. FOR NOTARY SEAL OR STAMP �eeoseeeoaooeeoes�eeeeoeoeoes♦ OFFICUtL SEAL C JANE CHILD NOTPr..7 PEI ZL IC . CALIFORNIA a OFFICE IN + ♦ My Commission Exp:rrs Nlay 3, :577 e • ♦♦ ♦♦♦ ♦ooe00000ao•a00000ec,oi.a.. I. -crim \rI. MAIL TAX STATEMENTS AS DIRECTED ABOVE VOL � _ PAGE 4_ __ - SUPPLEMENT TO DEED OF EASEMENT I This document.shall be attached to and incorporate by reference all the terms of the Deed of Easement executed on `� j �qTO+ between JAMES LYNN SWIFT and the CITY OF SAN LUIS OBISPO. II The CITY OF SAN LUIS.OBISPO has the right to clean and maintain the San Luis Creek streambed as described in the attached. Deed of Easement, to clean and maintain, in their natural state, the banks adjoining the streambed, from their highest natural point, descending to the streambed. I I.I The CITY OF SAN LUIS OBISPO herein agrees that.its removal of the stone retaining wall, as described in the Deed of Easement attached hereto, and its intended maintenance of the San Luis Creek streambed and banks, will impose on the CITY OF SAN LUIS.OBISPO sole responsi- bility and liability for such maintenance and removal. The CITY OF SARI LOUIS OBISPO will assume responsibility and liability for all erosion, earthslides, and all other possible damage resulting from said maintenance, repair and removal of obstructions. EXHIBIT "A" LVOL2005 PAGE 414 IV .It is�herein.agreed that should the CITY OF SAN LUIS OBISPO, by.whatever legal means, choose to relocate the streambed herein described, the full rights of ownership will return to the present ascribing owner or his assigns. For such time as the streambed remains in its present natural condition, the city will retain all easements herein granted, subject.to the agreements included in this document. V. The CITY OF SAN LUIS OBISPO. agrees that the property described herein shall be included as a part of the Mission Plaza Creek System and development, at such time as the adjoining parcels are so in- cluded. - 2- LYOL20�5 PAGE15:7,,.�,:�. EXHIBIT "A" A permanent easement for creel: maintenance and streambed cleaning purposes, including the right of the City i.b remove an existing rock outcropping, a man--made wail and adjbin_.ngHll at City expense. This easement does.not grant access to the public, and.does not authorize major public works improvements such as widening, deeper -ii.ng,and straightening the creel-, channel on that portion of Block 61 of the City of San Luis Obispo, County of San Luis Obispo, State of Cali- fornia, as per map filed in Book A, page 16.3 of Raos, in the office of the County Recorder of said County more particularly described as that Portion of parcels No. l and 2 described in document number 5794, filed at page 917 volume '1766 of.records, and in document number 13038, filed at page 94, volume 1776 lying northly of the following described line; Beginning at a point on the westerly line of Nipomo Street, in said City, distant thereon, 216.00 feet North 36 053' West, from the north- westerly corner of the intersection of Higuera and Nipomo Stre ts, said noint is the true pbint of beginning, (1) thence South 4Z 04-25" West a distance of 85.43. feet to a point; (2) thence South 28 42116" West a distance o- 1?.08 feet to a point; (3) thence South 49 °42.'55" West a distance of 34.06 feet to a point; (4) thence South 8087'31" West a distance of 14.14 feet to a point; (5) thence South 35 00'00" West a distance of 57.87 feet to 'a point; (6) thence .South 53 °07' West a distance of 1217.00 feet more or less to a point on the westerly boundary line of parcel 1 as described above. EVOL2005 PAGE 7 ' C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated February 3 1977 , from James L. Swift 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: August 24, 1977 CITY OF SAN LUIS OBISPO By ATTEST: . F` atrick, ••City Clerk E. Schwartz, Mayor 5 417 END OF DOCUMENT LvOL200 PAGE FE 5 19fAGENDA ITEM #p C � t )APPROVED ( ) DEi� C l� of S�►1'1 �.U1S `�y Pei DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 321 • San Luis Obispo, CA 93406. 805/541 -1000 MEMORANDUM - For Council Agenda of February 15, 1977 TO: Richard D. Miller DATE: February 4, 1977 City Administrator FROM: Wayne A. Peter-so City Engineer RE: Creek Easement Behind Creamery Attached is a Deed of Easement to the City for a portion of San Luis Creek behind the Creamery. The easement allows the City to clean and maintain the creek in its natural state and to remove the existing stone retaining wall that obstructs the flow of water. The easement also allows the City to include the area of creek in the Mission Plaza system of development when adjoining parcels are also included. This easement is a condition of Use Permit No. 458. Recommendation: Staff recommends that Council authorize recording of this document.? WAP : j s Attach. s lei i m i [ -LT j 1� �/- I o i m i %I N /f=IOM O p c w o0 NUU�UU. N44 bi i m i STATE OF CALIFORNIA San Luis Obis o ' u �oiinty of ....................... .......... ......P...........) On this .......... ............................day of............. July...................... .. in the year one thousand nine hundred and.....eYentyms.even .... before me . ............................................. ..... ........ ::.....:.......... .:.... a Notary Public in arid for said County and state residing therein, duly commissioned and sworn personally appeared ..._...._.. ROBERT L ...... CUM ... S.. .and ... VIRGINIA-LEE ... CUMMINGS ------------------------------------------------------------------------------------......------.........-----------------------------...------------------ ......-- ...... known to me to be the person S. described in, whose names. ........... are ........ .............:.......subscribed to and who executed the within instrument, and acknowledged that.... they ............ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County, the day and year in this Certificate first above written. Kilner Stationery 6 Office Supplies ..................................................... ............................... Palm and Show Notary Public in and for said County and State. GENERAL ACKNOWLEDGEMENT .o... •roe STATE OF CALIFORNIA SS. COUNTY OF SAN LUIS OBISPO On the day of July, 1977, before me, the undersigned, a Notary Public, personally appeared JAMES MICHAEL BRADY, known to me to be.-.the person whose name is subscribed to the winin instrument as the Attorney in Fact of FARRELL T. CUMMINGS and CHERLY L. CUMMINGS, and acknowledged to me that he subscribed the name of FARRELL T. CUMMINGS thereto as principal and that he subscribed the name CHERLY L. CUMMINGS thereto as principal, and his own name as Attorney in Fact for each. Witness my hand and Seal. Notary Public B�dEIle ,�, Y n, PiI13LS� {tae SA'� LAD @S �y ..��IA aL9f'O 25,1979 MY C°mR'iss;on ExPCres Febru °rY _ - Y