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HomeMy WebLinkAbout10/05/1993, C-5 - ACQUISITION OF EASEMENTS FOR THE ELKS LANE BRIDGE REPLACEMENT PROJECT IIIn�I�II�iIIIIIIIII�II�III "J r MEETING GATE: San �__�S OBISPO Oct. 5, 1993 C� COUNCIL AGENDA REPORT ITEM NUMBER:/J•� FROM: Michael D. McCluskey, Public Works Direc1+7 Prepared by: Barbara Lynch, Engineering AXsitants:; SUBJECT: Acquisition of Easements for the Elks Lane Bridge Replacement Project CAO RECOMMENDATION: By Resolution, Accept Right of Way Agreements and Certificates of Acceptance for Three Easements needed on the Bridge Replacement Project- Elks Lane at San Luis Creek, City Plan No. L-10H. Direct Finance to Issue Checks to the Individuals in Accordance with the Right of Way Agreements. DISCUSSION: On June 22, 1978 the Council approved a master agreement between the City and the State of California for the expenditure of federal grants administered by the state on approved City projects. On August 20, 1991, the Council directed staff to proceed with design for the Elks Lane Bridge replacement to be paid for in part by federal grants. Three easements were found to be . required to complete the construction. ppraisals were done on the properties for the easements and staff was given clearance from the State to proceed with the purchase of those easements. On April 6, 1993 , the Council adopted Resolution No. 8148 approving a program supplement to the master agreement for procurement of right of way needed on the Elks Lane Bridge project. Immediately following, the CAO authorized a contract with Timothy Smith, a right of way agent, to negotiate acquisition of the easements in conformance with state and federal regulations. During July, August and September, right of way agreements were negotiated with property owners. The agreements provide for the City to acquire the easements at negotiated prices and construct fencing adjacent to the easements on portions of the properties. FISCAL IMPACT: This project is included in the 1989/90 Capital Improvement Plan (pages E-9 and E-22 of the 1989/91 Financial Plan) . The project account balance on August 31, 1993 was $107, 082 . Acquisition Costs: Samuels Property Easement $ 600 Pasquini Property $ 81900 380' BW Fencing $ 11600 Elks Property $ 6, 500 200' CL Fencing $ 11600 Recording Costs S 60 $19, 260 C—S— ! City Of San LiS OBISPO OWN COUNCIL AGENDA REPORT Sources (Funding up to 0r-iginal $24, 000 Estimate) : Federal HBRR Grant (801) $15;4.08 General Fund (20%) 3 852 $19, 2.60 ATTACHCMS Resolution g- R ht-of-Wa-Y Agreements: - Samuels Property Pasquni Pr-oper-ty Elks Property . g:\staTpt\I10hrow RESOLUTION NO. (1993 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING RIGHT OF WAY AGREEMENTS AND CERTIFICATES OF ACCEPTANCE FOR EASEMENT DEEDS NEEDED ON THE BRIDGE REPLACEMENT PROJECT - ELKS LANE AT SAN LUIS OBISPO CREEK CITY PLAN NO. L-10H WHEREAS, the City proposes to replace the Elks Lane Bridge at San Luis Obispo Creek; and WHEREAS, replacing the Elks Lane Bridge requires the acquisition of easements over the properties owned by Benevolent and Protective Order of Elks, Lodge No. 322, Alida K. Samuels, and Charles Pasquini, Jr; and WHEREAS,the City has successfully negotiated right of way agreements and easement deeds with the property owners; NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby accepts Exhibits 1, 2, and 3, all entitled 'Right-of-Way Agreement" and "Certificate of Acceptance", and the Mayor is authorized to execute the same. On motion of . seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 11993. MAYOR ATTEST: CITY CLERK enghwp51\c1p\stathpt\I10hrow C-5-3 SAMUELS PROPERTY EXHIBIT 1 C'S`C BROS 0079 (017) File R/W: Elks Lane Bridge Parcel No. 93-03 (b) RIGHT OF WAY AGREEMENT THIS AGREEMENT entered into this -7— day of , 199 3 , by and between ALIDA K. SAMUELS, hereinafte refer d to as GRANTOR and the CITY OF SAN LUIS OBISPO, a munic pal corporation in the State of California, hereinafter referred to as CITY; WITNESSETH: WHEREAS, Document No. 93-03, in the form of a Temporary Construction Easement Deed, covering the property particularly described in the above instrument, has been executed and delivered to Timothy J. Smith, Right of Way Agent for the City of San Luis Obispo. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, it is mutually agreed by and between Grantor and City as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account or on account of the location, or construction, of the proposed public improvement. 2. The City shall: a. Pay the undersigned Grantor the sum of $ 600. 00 for the temporary easement. b. Pay any escrow and recording fees incurred in this transaction, and if title insurance is desired by the city, _ the premium charged therefor. C. Install in kind fencing along and immediately adjacent to the City road right of way line, but on the undersigned grantor's remaining property. d. Indemnify and hold Grantor free and harmless from any and all claims, damages, costs, and liabilities, including attorney's fees, that may arise out of the Grantees or others use of the temporary easement. C- S-S 3. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. IN WITNESS WHEREOF, Grantor and City have executed this agreement the day and year first above written. (As used above the term "Grantor" shall include the plural as well as the singular number as the case may be. ) R ALIDA R. SAMUELS ATTEST: City Clerk of the City of San Luis Obispo By: CITY OF SAN LUIS OBISPO By. Mayor, City of San Luis Obispo RECOMMENDED FOR APPROVAL CITY ENGINEER APPROVED AS TO FORM: r6 O. n Atom BROS 0079 (017) File R/W: Elks Lane Bridge Parcel No. 93-03 (b) RIGHT OF WAY AGREEMENT THIS AGREEMENT entered into this 7 day of , 199=?_r by and between ALIDA K. SAMUELS, hereinafter eferred to as GRANTOR and the CITY OF SAN LUIS OBISPO, a municipal corporation in the State of California, hereinafter referred to as CITY; WITNESSETH: WHEREAS, Document No. 93-03, in the form of a Temporary Construction Easement Deed, covering the property particularly described in the above instrument, has been executed and delivered to Timothy J. Smith, Right of Way Agent for the City of San Luis Obispo. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, it is mutually agreed by and between Grantor and City as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account or on account of the location, or construction, of the proposed public improvement. 2. The City shall: a. Pay the undersigned Grantor the sum of $ 600. 00 for the temporary easement. b. Pay any escrow and recording fees incurred in this transaction, and if title insurance is desired by the C`_ty, the premium charged therefor. C. Install in kind fencing along and immediately adjacent to the City road right of way line, but on the undersigned grantor's remaining property. d. Indemnify and hold Grantor free and harmless from any and all claims, damages, costs, and liabilities, including attorney's fees, that may arise out of the Grantees or others use of the temporary easement. C- S' 3. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. IN WITNESS WHEREOF, Grantor and City have executed this agreement the day and year first above written. (As used above the term "Grantor" shall include the plural as well as the singular number as the case may be. ) R ALIDA R. SAMUELS ATTEST: City Clerk of the City of San Luis Obispo By: CITY OF SAN LUIS OBISPO By:.Mayor, City of San Luis Obispo RECOMMENDED FOR APPROVAL CITY ENGINEER APPROVED AS TO FORM: ?J004A1* oey C-5-8 n EN 0 � 9LI a O © E W � v n N � y N I `10 w� CC o w ¢UFm h •:. ti . � Q D Z a '1 = CRICK C C W Q AN . SUS OBISPO �ZNW VJ \WQQW F fU W VN � I O o U E o y0 U do . • V �,, a a II o n n- 6A 0 w 0 u C El 1qrj • y, 1I John W. Samuels and City of Alida K. Samuels San WIS OBISPO CITY of SAN LUIS OBISPO Public Yorks Department FOR TEMPORARY CONSTRUCTION EASEMENT 955 Morro St Son Luis Obispo. CA 93401 new C�S- t3(4e5 00-7 7) APN 053-041-026 GRANT OF TEMPORARY EASEMENT For a valuable consideration, receipt of which is hereby acknowledged, Alida K. Samuels, a single woman, hereby grants to the City of San Luis Obispo, a chartered municipal corporation, the following described temporary construction easement: Parcel 1 - Temporary Construction Easement That portion of Lot 1 of the San Luis Obispo Suburban Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded February 7, 1906 in Book 1, Page 93 of Record of Surveys, described as follows: Beginning at a point on the easterly line of Elks Lane, said point being the northwesterly corner of said Lot 1; thence along the northerly line of said Lot 1 South 53050'00" East a distance of 10. 14 to a point; thence southerly and parallel to the easterly line of Elks Lane a distance of 103 . 3 feet to a point; thence North 63028100" West a distance of 10. 00 feet to the easterly line of Elks Lane; thence North 26032100" East along the easterly line of Elks Lane a distance of 105.0 feet to the POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1997. jn4/needs by IN WITNESS WHEREOF Grantor has hereunto set his hand the day and year first above written. (As used above the term "grantor" shall include the plural as well as the singular number and the word "his" and "himself" shall include the feminine gender as the case may be. ) Signed and delivered in the G TO S presence of ALIDA K. SAMUELS C -� - / / General Acknowledgment Form State of California ) County of On� , 199 3, before me, a Notary Public in and for said State, personally appeared A\:d �— K. Sc,%ev'\ 0` 11' personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that,he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. OFFANN WITNESS my hand and official seal. j- Pe8AM&qIWKCOUhW AL4W 15,1993 Signa eal) acknow.frm C-S- /Z PASQUINI PROPERTY EXHIBIT 2 C -5�3 BROS 0079 (017) File R/W: Elks Lane Bridge Parcel No. 93-02 (b) RIGHT OF WAY AGREEMENT THIS AGREEMENT entered into this I day of 199x, by and between CHARLES PASQUINI, JR. , hereinafter referred to as GRANTOR and the CITY OF SAN LUIS OBISPO, a municipal corporation in the State of California, hereinafter referred to as CITY; WITNESSETH: WHEREAS, Document No. 93-02, in the form of a Grant Deed, attached hereto as Exhibit "A" , covering the property particularly described in the above instrument, has been executed and delivered to Timothy J. Smith, Right of Way Agent for the City of San Luis Obispo. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, it is mutually agreed by and between Grantor and City as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account or on account of the location, or construction, of the proposed public improvement. 2. The City shall: a. Pay the undersigned Grantor the sum of $ 8, 900 for the property interests as conveyed by Deed No. 93-02 . b. Pay any escrow and recording fees incurred in this transaction, and if title insurance is desired by the County, the premium charged therefor. C. Install barbed wire fencing on metal posts along and immediately adjacent to the City road right of way line, but on the undersigned grantor's remaining property. d. Relocate existing power pole. e. Indemnify and hold Grantor and tenant free and harmless from any and all claims, damages, costs, and liabilities, including attorney's fees, that may arise out of the Grantees or others use of the property hereby conveyed in fee, and the property which is the subject of the temporary construction easement, as attached as Exhibit "A" . C-s-�� f. Protect tree roots and spread any excess fill material, including excess fill material from the creek bottom, and construct rock slope protection of the adjacent embankment, subject to the approval of State Fish & Game officials. g. Obtain written consent of the tenants of said real property in the event the City must use, occupy or begin construction on said property prior to December 31, 1994 . 3. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. IN WITNESS WHEREOF, Grantor and City have executed this agreement the day and year first above written. (As used above the term "Grantor" shall include the plural as well as the singular number as the case may be. ) GRANTOR CHARLES PASQUINP, JR. , ATTEST: City Clerk of the City of 'San Luis Obispo By: CITY OF SAN LUIS OBISPO By: Mayor, City of San Luis Obispo RECOMMENDED FOR APPROVAL CITY ENGINEER APPROVED AS TO FORMA: O. nae y Attu ey C-S- 1S ��caF�r T Recording Requested by and when Recorded return to: City Clerk City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403-8100 Document No. 93-02 APN 053-011-007 GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, Charles Pasquini, Jr. a single man hereby grants to the City of San Luis Obispo, a chartered municipal corporation, the following described real property: That portion of Lot F of the Resubdivision of Lots 58, 61, 62 , 63 , 64 and 65 of the Ranchos Canada de Los Osos, and La Laguna, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record in Book A, page 161 of Maps, in the Office of the County Recorder of said County, described as follows: Parcel 1 - Right-of-Way Acquisition Beginning at a point on the westerly line of Elks Lane, said point being the Southeasterly corner of said Lot F; thence North 24050106" East a distance of 371. 16 feet to a point; thence northerly and parallel to the westerly line of Elks Lane a distance of 97. 46 feet to a point in the northerly line of said Lot F; thence South 46000100" East along the northerly line of said Lot F a distance of 11. 53 feet to the westerly line of Elks Lane; thence South 26032'00" West along the westerly line of Elks Lane a distance of 465 feet to the POINT OF BEGINNING. Parcel 2 - Temporary Construction Easement Beginning at a .point in the westerly line of Elks Lane, said point being the southeasterly corner of said Lot F; thence North 24050' 06" East a distance of 351. 15 feet to the TRUE POINT OF BEGINNING; thence North 63028100" West a distance of 20. 59 feet to a point; thence northerly and parallel to the westerly line of Elks Lane a distance of 123 .75 feet to a point on the northerly line of said Lot F; thence South 46000100" East along the westerly line of said Lot F a distance of 20. 97 feet to the westerly line of Parcel 1 herein described; thence southerly along said westerly line of Parcel 1 and parallel to the westerly line of Elks Lane a distance of 97. 46 feet to a point; thence South 24050'06" West a distance of 20. 01 feet to the TRUE POINT OF BEGINNING. Said temporary construction easement, herein . described as Parcel 2, shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1997. !M/deeds by IN WITNESS WHEREOF Grantor has hereunto set his hand the day and. year first above written. (As used above the term "grantor" shall include the plural as well as the singular number and the word "his" and "himself" shall include the feminine gender as the case may be. ) Signed and delivered in the presence of CHARLES PASQUINI, JR. �S9Riieei2 � �'� General Acknowledgment Form State of California ) County of ) ss. On , 199_, before me, a Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that,he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature (seal) acknow.frm • ����O,gyN N � �s o b� v m o� x ^ W OVSPO o � z N Os N r, I 1 ' � I I p Q i a- - zr o a as U a�., JQ O W 0 W W W Z COM c W O 2 h I I N Q Z P II Wh H0, in in r � vp tl 0 ® 'QUI oardd h ti ty II Cl Or Charles Posquini, Jr. TO A {- CITY of SAN LUIS OBISPO Sal L Us OBISp0 FOR Public Works Department R.O.W. AQUSITION & TEMPORARY ass Morro s... ssa Luis Obispo. CA 63402 CONSTRUCTION E4SEAfENT RrM -SP-42Z Recording Requested by and when Recorded return to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 geco5 oozy (0�7� Document No. 93-02 APN 053-011-007 GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, Charles Pasquini, Jr. a single man hereby grants to the City of San Luis Obispo, a chartered municipal corporation, the following described real property: That portion of Lot F of the Resubdivision of Lots 58, 61, 62, 63 , 64 and 65 of the Ranchos Canada de Los Osos, and La Laguna, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record in Book A, page 161 of Maps, in the Office of the County Recorder of said County, described as follows: Parcel 1 - Right-of-Way Acauisition Beginning at a point on the westerly line of Elks Lane, said point being the Southeasterly corner of said Lot F; thence North 24050106" East a distance of 371. 16 feet to a point; thence northerly and parallel to the westerly line of Elks Lane a distance of 97.46 feet to a point in the northerly line of said Lot F; thence South 46000'00" East along the northerly line of said Lot F a distance of 11. 53 feet to the westerly line of Elks Lane; thence South 26032'00" West along the westerly line of Elks Lane a distance of 465 feet to the POINT OF BEGINNING. Parcel 2 - Temporary Construction Easement Beginning at a point in the westerly line of Elks Lane, said point being the southeasterly corner of said Lot F; thence North 24050106" East a distance of 351. 15 feet to the TRUE POINT OF BEGINNING; thence North 6302810011 C -s-21 West a distance of 20. 59 feet to a point; thence northerly and parallel to the westerly line of Elks Lane a distance of 123.75 feet to a point on the northerly line of said Lot F; thence South 46000100" East along the westerly line of said Lot F a distance of 20. 97 feet to the westerly line of Parcel 1 herein described; thence southerly along said westerly line of Parcel 1 and parallel to the westerly line of Elks Lane a distance of 97. 46 feet to a point; thence South 24050106" West a distance of 20. 01 feet to the TRUE POINT OF BEGINNING. Said temporary construction easement, herein, described as Parcel 2, shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1997. jh4ldeeas by C-S-22 IN WITNESS WHEREOF Grantor has hereunto set his hand the day and year first above written. (As used above the term "grantor" shall include the plural as well as the singular number and the word "his" and "himself" shall include the feminine gender as the case may be. ) August 13, 1993 CHARLESPASQUINI R.� C-s -23 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On this 13th day of August 1993, before me, Pamela S. Elberg a Notary Public, personalty appeared CHARLES PASQUINI, JR., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. pA�A Ca�Aublic SAN Its Mr C nftm 1995 0 -5-2`{ ELKS LODGE PROPERTY EXHIBIT 3 File R/W: Elks Lane Bridge Parcel No. 93-01 RIGHT OF WAY AGREEMENT THIS AGREEMENT entered into this � day of C , 1991 by and between SAN LUIS OBISPO LODGE NO. 322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICAN, a California Corporation, hereinafter referred to as GRANTOR and the CITY OF SAN LUIS OBISPO, a municipal corporation in the State of California, hereinafter referred to as CITY; WITNESSETH: WHEREAS, Document No. 93-01a and 93-01b in the form of a Grant Deed and a Temporary Construction Easement, covering the property particularly described in the above instruments, have been executed and delivered to Timothy J. Smith, Right of Way Agent for the City of San Luis Obispo. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, it is mutually agreed by and between Grantor and City as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said documents and shall relieve the City of all further obligation or claims on this account or on account of the location, or construction, of the proposed public improvement. 2. The City shall: a. Pay the undersigned Grantor the sum of $ 6,500 for the property interests as conveyed by Deed No. 93-01a and 93-01b, when title to said property vests in the City free and clear of all liens, encumbrances, assessments, easements, leases (recorded and/or unrecorded) , and all taxes, except: (1) Taxes for the fiscal year in which this agreement is entered which shall be cleared and paid in the manner specified under Article 5 (commencing with Section 5081) of Chapter 4 of Part 9 of Division 1 of the Revenue and Taxation Code, if unpaid at time agreement is entered. (2) Easement or rights of way over said land for public or quasi-public utility purposes, if any. C-S-Zb (3) Covenants, conditions and restrictions as imposed by deeds of record affecting said property conveyed, if any. b. Pay any escrow and recording fees incurred in this transaction, and if title insurance is desired by the City, the premium charged therefor. C. Install chain link fencing along and immediately adjacent to the City road right of way line, but on the undersigned grantor's remaining property. 3. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or otehr facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. IN WITNESS WHEREOF, Grantor and City have executed this agreement the day and year first above written. (As used above the term "Grantor" shall include the plural aswell as the singular number as the case may be. ) GRANTOR San Luis Obispo Lodge No. 322, Benevolent and Protective Order of Elks, USA, a California Corporation ATTEST: City Clerk of the City By: of San Luis Obispo By: CITY OF SAN LUIS OBISPO By: .Mayor, City of San Luis Obispo RECOMMENDED FOR APPROVAL CITY e- L�ENGINEER APPROVED AS TO FORM: J J ene ty Attom C-�'27 File R/W: Elks Lane Bridge Parcel No. 93-01 RIGHT OF WAY AGREEMENT THIS AGREEMENT entered into this ?= day of , 199;3 , by and between SAN LUIS OBISPO LODGE NO. 322, BENEVOLENT AND PROTECTIVE ORDER OF ELKS OF THE UNITED STATES OF AMERICAN, a California Corporation, hereinafter referred to as GRANTOR and the CITY OF SAN LUIS OBISPO, a municipal corporation in the State of California, hereinafter referred to as CITY; WITNESSETH: WHEREAS, Document No. 93-01a and 93-01b in the form of a Grant Deed and a Temporary Construction Easement, covering the property particularly described in the above instruments, have been executed and delivered to Timothy J. Smith, Right of Way Agent for the City of San Luis Obispo. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, it is mutually agreed by and between Grantor and City as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said documents and shall relieve the City of all further obligation or claims on this account or on account of the location, or construction, of the proposed public improvement. 2. The City shall: a. Pay the undersigned Grantor the sum of $ 6,500 for the property interests as conveyed by Deed No. 93-01a and 93-01b, when title to said property vests in the City free and clear of all liens, encumbrances, assessments, easements, leases (recorded and/or unrecorded) , and all taxes, except: (1) Taxes for the fiscal year in which this agreement is entered which shall be cleared and paid in the manner specified under Article 5 (commencing with Section 5081) of Chapter 4 of Part 9 of Division 1 of the Revenue and Taxation Code, if unpaid at time agreement is entered. (2) Easement or rights of way over said land for public or quasi-public utility purposes, if any. C-5-20 (3) Covenants, conditions and restrictions as imposed by deeds of record affecting said property conveyed, if any. b. Pay any escrow and recording fees incurred in this transaction, and if title insurance is desired by the gity. , the premium charged therefor. c. Install chain link fencing along and immediately adjacent to the City road right of way line, but on the undersigned grantor's remaining property. 3. All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or otehr facilities, when removed, and relocated, or reconstructed by the City, shall be left in as good condition as found. IN WITNESS WHEREOF, Grantor and City have executed this agreement the day and year first above written. (As used above the term "Grantor" shall include the plural as well as the singular number as the case may be. ) GRANTOR San Luis Obispo Lodge No. 322, Benevolent and Protective Order of Elks, USA, a California Corporation ATTEST: City Clerk of the City By: , ,/f/J__ _ of San Luis Obispo By: CITY OF SAN LUIS OBISPO By: Mayor, City of San Luis Obispo RECOMMENDED FOR APPROVAL CITY ENGINNE�ER APPROVED AS TO FORM: "/ ffLt*,� G. tto ey C-S-Zg � o to ® II I may, . b g -5� {A O I a . I I 't I I WN OY ►- N I I c°0 01 ° a_ y o < 3< � Wd'la CEl 0¢ 10, zarA Q P M 2 N I� O � W v C 3�3 � V OQQ H x GW� �� ; C ld W `r J \ {A m 7 L � I 0 U 'M 0000 sN01 1 II O h V O Qts• OQoNd �L .. SAN . . Lis. v oersr� ti _ h V E O� Son Luis Obispo Lodge No. 322, aw Or Benevolent And Profecfive Order Of EJ TO A San WIS OBISPO CITY of SAN LUIS OBISPO Public Works Department R.O.W. AQUSITION & TEMPORARY 958 Morro SL sea Luis Obispo. CA 93401 CONSTRUCTION EASEME'N'T RUN Cd P30 Recording Requested by and when Recorded return to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403-8100 Document No. 93-01a h 93-01b APN 053-011-003 GRANT DEED For a valuable consideration, receipt of which is hereby acknowledged, San Luis Obispo Lodge No. 322 , Benevolent and Protective Order of Elks of the United States of America, a California Corporation hereby grants to the City of San Luis Obispo, a chartered municipal corporation, the following described real property: That portion of Lot D of the Resubdivision of Lots 58, 61, 62, 63, 64 and 65 of the Ranchos Canada de Los Osos and La Laguna, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as surveyed by R.R. Harris in January 1875 and filed for record in Book A, page 161 of Maps, in the Office of the County Recorder of said County, described as follows: Parcel 1 - Right-of-Way Acquisition -Deed No. 93-01a Beginning at a point on the westerly line of Elks Lane, said point being the southeasterly corner of said Lot D; thence North 46000'00" West along the southerly line of said Lot D a distance of 11.53 feet to a point; thence northerly and parallel to the westerly line of Elks Lane a distance of 7. 54 feet to a point; thence North 28041100" East a distance of 293 . 21 feet to a point on the westerly line of Elks Lane; thence South 26032100" West along the westerly line of Elks Lane a distance of 304 . 0 feet to the POINT OF BEGINNING. C-S-31 Parcel 2 - Temporary Construction Easement -Deed No. 93-01b Beginning at a point on the westerly line of Elks Lane, said point being the southeasterly corner of said Lot D; thence North 46000' 00" West along the southerly line of said Lot D a distance of 11. 53 feet to the TRUE POINT OF BEGINNING; thence North 46000100" West along the southerly line of said Lot D a distance of 20.97 feet to a point; thence northerly and parallel to the westerly line of Elks Lane a distance of 40.25 feet to a point; thence South 63028100" East a distance of 21. 46 feet to a point on the westerly line of Parcel 1 herein described; thence, South 28041'00" West along said westerly line of Parcel 1 a distance of 39. 03 feet to a point; thence along said westerly line southerly and parallel to the westerly line of Elks Lane a distance of 7 . 54 feet to the TRUE POINT OF BEGINNING. Said temporary construction. easement, herein described as Parcel 21 shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1997. Jha/deeds by C-5-3Z Grantor further understands that the present intention of the City is to construct and maintain a public roadway on the lands hereby conveyed in fee, and Grantor for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantors remaining property contiguous to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said roadway. IN WITNESS WHEREOF Grantor has hereunto set his hand the day and year first above written. (As used above the term "grantor" shall include the plural as well as the singular number and the word "his" and "himself" shall include the feminine gender as the case may be. ) San Luis Obispo Lodge No. 322 Benevolent and Protective Order of Elks of the United States of America, a California corporation By: 0A X . 41 By: 70 2930 112-90)N01500 J TICOR TITLE INSURANCE .(General Acknowledgment) STATE OF CALIFORNIA COUNTY OF 1 }SS. On 5ckb fore me,the under ed,a otary Pyb in an or.in id State, ersonally appearec{ t y • r o('o� ./ / Q e4o ahy io n to Cbrq oved o mon the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sherthey executed the same in his/her/their authorized capacity(ies), and that by KAM WEIR 11 his/her/their signature(s)on the instrument the person(s), Comm.9 93.539 << or the entity upon behalf of which the person(s) acted, NOUIRYPusuc.cALFopMr G executed the instrument. UyCWmeEvirts y22.. IM WITNESS my and and official seal. 00 C11 Signature / (This area for official notarial mall C-S-33