HomeMy WebLinkAboutD-2026 Utilities Easement Deed APN 053-182-027 & 053-182-030RECORDING REQUESTED BY:
FIRSTF.AMERICAN TITLE COMPANY
/ /-//.moi- D8
Recorded at request of and
When recorded return to:
City of San Luis Obispo
City Clerks Office
990 Palm Street ':fir 116
San Luis Obispo, CA 93401
_.4n.o
2016041587
Gong
Tammy
San Luis Obispo - County Clerk -Recorder
08/25/2016 08:00 AM
Recorded at the request cf.
FIRST AMERICAN TITLE COMPANY
Titles: 1 Pages: 12
Fees: $0.00
Taxes: 0.00
Total: 10.00
1111%maml'!TPd9R1IIAI
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 053-182-027 and 053-182-030 (SLO County) No fee pursuant to Government Code § 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code § 27383
City of San Luis Obispo
UTILITIES EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
San Luis Obispo Non -Profit Housing Corp., a Corporation
(hereinafter referred to as "GRANTOR")
does hereby GRANT to the
CITY OF SAN LUIS OBISPO, a municipal corporation and a charter city in the County of
San Luis Obispo, State of California ("CITY")
the following interests in real property:
A. A Permanent Easement for the installation, construction, reconstruction, enlargement,
operation, maintenance, replacement, and repair of a lift station, conduits, utility boxes and related
appurtenances, and ingress and egress rights associated therewith in connection with the Margarita
Lift Station. This Permanent Easement ("Permanent Easement") shall be in, over, on, along,
through, within, under, and across the Permanent Easement Area of the Real Property as defined in
this paragraph. The "Real Property" is in the City of San Luis Obispo, County of San Luis Obispo,
State of California and is described in Exhibit "A" attached hereto and incorporated by reference
herein. The "Permanent Easement Area" which comprises the Permanent Easement is described
and depicted in Exhibit `B" attached hereto and incorporated by reference herein.
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G a�J' �
The Permanent Easement described herein shall be SUBJECT TO THE FOLLOWING
TERMS AND CONDITIONS:
1. The facilities and improvements installed in the Permanent Easement Area collectively
are referred to herein as "City Facilities." Plans for City Facilities as they exist from time to time
shall be maintained at the City's principal offices.
2. City shall have the right of ingress and egress for personnel, vehicles, and construction
equipment to, from, and along the Permanent Easement Area at any time, without prior notice.
Such right shall include temporary removal of the perimeter fence and work around the City
Facilities in order to accommodate such rights as granted to City under section A herein, including
the right to lock and secure the gate into City Facilities.
3. As the amount of earth or other fill over City Facilities can affect the structural integrity
of the City's underground facilities, City shall have the right to maintain the height of earth or
other fill over City's underground facilities. Grantor shall not temporarily or permanently modify,
or allow others in any way to modify, the ground surface elevation in the Permanent Easement
Area from the elevation established upon completion of construction of the City Facilities without
the City's written consent, which consent shall not be withheld unreasonably. Grantor shall not
conduct, or permit others to conduct, grading operations, ripping, stockpiling, or use, or permit
others to use, explosives within or proximate to the Permanent Easement Area to the extent that
City Facilities may be damaged.
4. Subsequent to the grant of this Easement, Grantor shall not grant any easements of any
kind whatsoever to others in, over, on, through, within, under and across the Permanent Easement
Area without prior written consent of the City.
Together with:
B. A Temporary Construction Easement for the purposes of facilitating construction of City
Facilities, including the right to place equipment and vehicles, pile earth thereon, and utilize said
Temporary Construction Easement for all other related activities and purposes associated with
facilitating the construction of City Facilities within the Permanent Easement described hereinabove,
in, on, over, under, through, and across that certain parcel of land described and depicted as
"Temporary Construction Easement" in Exhibit "C", attached hereto and incorporated herein. Said
Temporary Construction Easement shall commence thirty (30) days after issuance by City of a Notice
of Commencement of Construction to Grantor, which shall be issued to Grantor by U.S. Mail, and
shall automatically terminate upon completion of City's construction, or four (4) months after the
commencement of construction, whichever occurs first; provided, however, that City shall have the
right to extend the Temporary Construction Easement term in six additional one (1) month increments
if City determines that additional time beyond the four month period is necessary for construction
completion. In such case, City shall have the unilateral right to extend the Temporary Construction
Easement period through construction completion and agrees to compensate Grantor Six Thousand
Dollars ($6,000) for each one month extension term exercised. Payment for any such extensions shall
be paid by City to Grantor concurrent with City's written notice to Grantor of City's intent to exercise
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SLO City/Margarita Lift Station/Deed - HASLO.doc
such extension provisions. In any event, this temporary easement will automatically terminate at the
conclusion of City's construction, or on December 31, 2017, whichever occurs first.
Upon completion of construction of City's project, said Temporary Construction Easement area shall
be generally restored to the condition that existed prior to construction, or better, to the extent
reasonably practical, except for landscaping.
AND
C. A Temporary Landscape Maintenance Easement to maintain, water, trim and manage the
landscaping which City will install around the perimeter of the lift station facility. Said temporary
landscape maintenance easement shall commence upon conclusion of the construction of the lift
station and terminate one year after commencement and shall include such area as is reasonable to
accomplish the purpose of insuring establishment of the new landscaping being planted by City. Such
rights shall include the right to install a temporary irrigation system for this purpose during the period
of this easement.
The provisions hereof shall inure to the benefit of the City, its successors and assigns, and shall
bind the heirs, executors, administrators, assigns and successors in interest of the respective parties
hereto, and all covenants shall apply to and run with the above described property.
GRANTOR:
San Luis Obispo Non -Profs ousing Corp., a
Corporation
. y
arxSP� FaC.ihTl"' � S
Ey_
Name:
Title:
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SLO City/Margarita Lift Station/Deed - HASLO.doc
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
Countyof.5ckn 1-06 0bt5o o
On 11'C-_ to , I v before me, 'VjcA-u(tc- Ii- • Lt]►`]Y1 <<E Notary Public, personally
appeared —5 i.xAt- 5 m l-�IN — , who proved to me on the basis of satisfactory evidence to be the
personW whose name( is/are subscribed to the within instrument and acknowledged to me that helshelLhey executed
the sathe in his/het•Itl authorized capacity(ia&), and that by his/kVtkeir signatures(ty on the instrument the person(a),
or the entity upon behalf of which the person(A) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
N1 N L. (ONNERLEY
COIIIN►i!. #t 2072918
Signature a (Seal) WFA jg OM O cpm F OM
Exp- JUNE 27, 2018
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _.
On
before me, Notary Public, personally
appeared , who 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 signatures(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature
(Seal)
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SLO City/Margarita Lift Station/Deed - HASLO.doc
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Utilities Easement Deed dated
JV Yle. I , from San Luis Obispo Non -Profit Housing Corp., a Corporation,
Grantor therein, fo the City of San Luis Obispo ("City"), is hereby accepted by the undersigned
officer on behalf of City, and City hereby consents to the recordation thereof by its duly authorized
officer or agent.
In Witness Whereof, I have set my hand this // day of '2016.
CITY OF SAN LUIS OBISPO
By
NV: Jan Howell Marx
Ti Mayor
ine Dietrick, City Attorney
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SLO City/Margarita Lift Station/Deed - HASLO.doc
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of San Luis Obispo, County of , State of California, described as follows:
Parcel 1: (A.P.N.: 053-182-027)
Lot 91 of Tract No. 400, in the City of San Luis Obispo, County of San Luis Obispo, State of
California, according to map recorded June 25, 1971 in Book 8, Page 2 of Maps, in the office of
the County Recorder of said county.
Parcel 2: (A.P.N.: 053-182-030)
Parcel A of Parcel Map SLO-76-560, in the City of San Luis Obispo, County of San Luis Obispo,
State of California, according to map recorded October 27, 1977 in Book 24, Page 16 of Parcel
Maps, in the office of the County Recorder of said county.
APN: 053-182-030 & 053-182-027
EXHIBIT B PAGE 1 OF 3
An easement for sewer lift station situate in the City of San Luis Obispo, County of San Luis Obispo,
State of California, being a portion of Lot 91 as shown on that certain map entitled "Map of Tract Number
400 El Camino Estates, in the City of San Luis Obispo", recorded in Book 8 of maps at Page 2, on June
25, 1971, along being a portion of Parcel A as shown on that certain parcel map entitled "Parcel Map
SLO-76-560", recorded in Book 24 of Parcel Maps at Page 16, on October 27, 1977, said easement being
more particularly described as followed:
Beginning at a point on the northerly line of Margarita Avenue (84 feet wide), said point being the
southwesterly corner of said Lot 91 shown on said map described above;
Thence northerly along the westerly line of said lot, said line being coincident with easterly line of said
parcel described above, North 05116'00 East, 15.07 feet to the TRUE POINT OF BEGINNING;
Thence leaving said line, South 79°03'40" East, 15.76 feet along the northerly line of an existing sewer
lift station easement described in that certain deed filed as Document No. 35593 of Official Records of
San Luis Obispo County, State of California, on November 1, 1972, said northerly line described in said
deed as "South 80°16' 14" East, 35.00 feet";
Thence leaving said northerly line, North 10°50'27" East, 17.76 feet;
Thence South 79°01'34" East, 14.03 feet to said westerly line of said lot of said map described above;
Thence leaving said line, South 79°01'34" East, 19.32 feet;
Thence South 04°20'20" West, 11.35 feet;
Thence South 10°51'47" West, 14.61 feet;
Thence North 78°37'34" West, 8.40 feet to the easterly line of said easement described above;
Thence along said easterly line, North 10°56'20" East, 8.08 feet to the northeasterly corner of said
easement;
Thence along the northerly line of said easement, North 79°03'40" West, 10.49 feet to the TRUE POINT
OF BEGINNING;
See attached Exhibit `B' made a part hereon.
Containing and area of 676 square feet, more or less.
End of easement
EXHIBIT B PAGE 2 OF 3.
PARCEL A
.24,PAkCEL MAIPS, PS, PAGE 16
APN 053482=080
EXISTING,5'XI5" SEWER
0f:t.stATid"WEAsE6 MENT
695 O.R. 295)
S79'fl1'34'E
I
AREA.
676.sq.-ft:
15.76.'
l0.49,
26,72* 1
.9
il
Ln
I
CLOSUREHIBIT8,
4NENT LTFT S.TATION-EASEMENT
P,
EX PAGE 3
OF 3
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Northing lEasting
Bearihg
Diqtatice'
22-904 60 574 "5765265.685
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2290463:5655.765250.208
2290481.-.011 5765253-.549
N
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-.17;.763
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7VD1`34"
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2290478.34-0 j 57.652-67.322
8
79'°'01' 34"
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2290474 ,:,661":5765286.294
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M
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2290463.34,6 5765285.436
S
10°51'47•"
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2290442.--.999 5765282. 6'B'2
N
78037134"
W
8.396
2290456::65'5 5-7-6-5274.451
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2290-460.-.5..74, }:;5765265.685
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Total �pi'- anp 19.798
VolylineArea: 675':' j sq ft,
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. . . . . . CCALAV
EXHIBIT C PAGE 1 OF 3
A temporary construction easement in the City of San Luis Obispo, County of San Luis Obispo, State
of California, being a portion of Lot 9las shown on that certain map entitled "Map of Tract Number 400
El Camino Estates, in the City of San Luis Obispo", recorded in Book 8 of maps at Page 2, on June 25,
1971, along being a portion of Parcel A as shown on that certain parcel map entitled "Parcel Map SLO-
76-560", recorded in Book 24 of Parcel Maps at Page 16, on October 27, 1977, said easement being
more particularly described as followed:
Beginning at a point on the northerly line of Margarita Avenue (84 feet wide), said point being the
southwesterly corner of said Lot 91 shown on said map described above;
Thence westerly along the southerly line of said parcel described above, said line also being northerly
line of said avenue, North 79°03'40" West, 17.23 feet to the TRUE POINT OF BEGINNING;
Thence continuing along said avenue and said line, North 79°03'40" West, 49.10 feet to the
southwesterly corner of said parcel;
Thence leaving said northerly line, North 05° 16'09" East, 78.73 feet along the westerly line of said
parcel; '
Thence leaving said parcel line, South 84°32'31" East, 66.00 feet to said westerly line of said lot on said
map described above;
Thence leaving said lot line, South 84°32'31" East, 21.96 feet;
Thence South 05°0621" West, 53.21 feet;
Thence South 11°20'27" West, 1.05 feet;
Thence North 79°02'55" West, 22.11 feet to said westerly line of said lot on said map described above;
Thence leaving said lot line, North 79°02'55" West, 14.03 feet;
Thence South 10°50'27" West, 32.76 feet to the TRUE POINT OF BEGINNING;
See attached Exhibit `D' made a part hereon.
Containing and area of 6,066 square feet, more or less.
End of easement
-
•EXHIBIT.C..PAG_2-OF 3'
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PARCEL A : l °i- `..
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LOT: 91, BQOK
PARCEL B
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BOOK 24. PARCEL
BOOK•24. PARCEL MAPS, PAGE 16
MAPS, PAGE 2
f
APN 053-1827030 t
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EXISTING -.35'x'15' '•
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+
SEWER LIFT
n
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LIFT ST- ATIaN
EASEMENT
(1595 0.R. 295)
TRUE POINT
OF BEGINN[Nb' •
.I
19.3U`
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66.33'. H79'03'44"µ1:
i-19.07`
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(N6016 "W 66:33) (R.I.) r S80' f s' 4 i "E • i 19.47;) (Rt
POJNT OF Bi qlp ili+
-MARGARITA. AV.
%1 84' WID
k . 80DK . 4 FARC£L =MAPS, PAGE .16.
S_ �_'8KAi31hlGS:_
:BEMINGS SHOWN .HEREON ARE BASED. ON PTY OF'
Al'
SAV.LiljS 061SAV I &ZONTAL
(�H'tAOLNE'i'YVEIRK 2007.
SCALE ; 1- = 20'
2 QF 2
CONSTRUCTION
OCTOBER 07,2015.
►45EM NT
Page 1 of 1
END OFDOCUMENT
7 '1*14 9N.ST,RUC.TIO14 El:l EO
- - X HIBITC P&,QE,3 OF 3
-t O`lyl,ine Repo
07 :35:4.1 2015
:Northing Fasting n
Beakin9
.
Distance
,576524 7.38-7-
14 7,90,031-40
w
A 9.,;.103
151 5765i99.176
N 05DI6,.,09
:726
2.290536.:544, 57652-06.4'06
S 84*32131".:.P,
.2 M53Q.2.66i 5765272.109
S 84 °'82
.2-1-:-965
2'
5765' i9.3.974
15-7.6528-9
&
T5' .23,8
11. 20' 27li*
-.!W
.050
.2290474.'14--9 5765289I0l32-
79'002
-2-2:90-47:8,':3.4:6 -5.'7.65267:;32,3
N, 79602.1-58 .
W .14.:
Q'?9
:2290481.011 1 57.6:5.25;3.•.;54:9
S 10050127!1
82.763
2290448.83,3 --57652,47-887'
-
Ci6sure Errptiistanc6> 0,00000
Total Distah- >
.338.9:63
� cly i I ne re4: -6065.8 It-,
0.1 acres
Page 1 of 1
END OFDOCUMENT