HomeMy WebLinkAboutD-2072 Utilities Easement Deed - Diocese of Monterey ParishRccordirq� regi,,,estcd by
FIRST,A:viE.i:IC�4'�' TITLE CO.
When recorded return to:
City of San Luis Obispo
City Clerk's Office
990 Palm Street
/ 8
t
San Luis Obispo, CA 93401 _ ' C. E ,
2017038516
Tommy Gong
San Luis Obispo - County Clerk -Recorder
08/29/2017 08:00 AM
Recorded at the request of:
FIRST AMERICAN TITLE COMPANY
Titles: 1 Pages: 9
r Fees: $0.00
jr Taxes: 0.00
Total: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 002-301-007 (SLO County) No fee pursuant to Government Code § 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Govemment Code § 27383
City of San Luis Obispo
UTILITIES EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Diocese of Monterey Parish & School Operating Corporation who acquired title as Diocese
of Monterey Education & Welfare 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 conduit, utility box and related appurtenances,
and ingress and egress rights associated therewith in connection with the monitoring systems of
Supervisory Control and Data Acquisition for the City's facilities. 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 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 Exhibits `B" and "D" attached hereto and
incorporated by reference herein.
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SLO City/SCADA/Deed - Diocese of Monterey
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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,
provided, however, that all access shall be made from Peach Street.
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 to 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 more
than 1 foot 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.
5. The surface and subsurface portion of the Permanent Easement is subject to all future
uses which do not directly or indirectly interfere with or endanger City's exercise of the rights
described herein, including the right to use the Permanent Easement Area for landscaping
purposes, provided, however, that City shall have the right to clear and keep clear from the
Permanent Easement all explosives, buildings, structures, walls, and other facilities of a permanent
nature which interfere with City's use of the Permanent Easement. Grantor shall not construct, nor
permit others to construct, such permanent facilities that conflict with City's ability to access and
use the Permanent Easement.
Together with:
B. A Temporary Construction Easement for the purposes of facilitating construction of City
Facilities, including the right to 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
Exhibits "C" and "D", attached hereto and incorporated herein. All work shall be done only when
school is not in session and not within an hour of school session, and not on Sundays from 8 a.m. to 1
p.m. This Temporary Construction Easement shall commence fifteen days after notice to Grantor and
shall terminate within one (1) month after commencement; provided, however, that City shall have the
right to extend the Temporary Construction Easement term in additional one (1) month increments if
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SLO City/SCADA/Deed - Diocese of Monterey
City determines that additional time beyond the one 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 Sixty Eight
Dollars ($68) 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
such extension provisions. In any event, this Temporary Construction Easement shall terminate on or
before December 31, 2017.
Upon completion of construction of City's Facilities, the Temporary Construction Easement area shall
be generally restored to the condition that existed prior to construction, to the extent reasonably
practical, except for landscaping.
Eel ':r, •'
Diocese of Monterey Parish & School
Operating Corporation
Name: % "SAL N . (S, -a
Title:
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this xrtificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California
Countyof N/j 0n-k-CyeA 4
F� a Arc - 9— o 4, c er-
On 30,-Vl . 31 2011 before me, �0. L� v rVj{,� 1J �ek_�. , Notary Public, personally
appeared ❑m &1-". P.1d whS proved to me on the basis of satisfactory evidence to be the
person(A) whose name(4 @ara; subscribed to the within instru ent and acknowledged to me that QVsht they executed
the same i i ireauthorized capacity(ies), and that b ii ITOtrJtlmetr signatures(). on the instrument the person)(4,
or the entity upon behalf of which the person 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)
KAYCEE MATULAC
Commission # 2076434
i
0Notary Public -
l
Monterey County -
MY Comm. Ex ices AU. 2018
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CERTIFICATE OF ACCEPTANCE
This is to ccr y that the interest in real property conveyed by the Utilities Easement Deed dated
20 t ? from Diocese of Monterey Parish & School Operating Corporation,
Grantor therein, to 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 .2017.
CITY OF SAN LUIS OBISPO
VED AS TO FORM:
ine Dietrick, City Attorney
Attest:
City Clerk f
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SLO City/SCADA/Deed - Diocese of Monterey
CALIFORNIA NOTARY ACKNOWLEDGEMENT
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 �An_ 4a< 6&� p 0 '
On F 1 q /101-7 before me, r t A& -,
I ' (Insert the naeand title the oifisBr]
personally appeared �1 i 14-4-rh-_6 r1
who proved to me on the basis of satisfactory evidence to be the personS,s'j whose name
islsubscribed to the within instrument and acknowledged to me tha!X/sheahey
executed the same in >9lher/t," r authorized capacity(#, and that by t Iherltt iir
signature on the instrument the person or the entity upon behalf of which the
personal 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)
EXHIBIT A PAGE 1 OF 1
LEGAL DESCRIPTION
Real property In the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
PARCEL 1 OF LOT LINE ADJUSTMENT AS DISCLOSED IN DOCUMENT RECORDED MAY 22, 1995,
INSTRUMENT NO. 1995-021421, OF OFFICIAL RECORDS, BEING THAT PORTION OF BLOCK 36
AS PER MAP RECORDED IN BOOK A, PAGE 168 AND A PORTION OF BLOCK 63 AS PER MAP
RECORDED IN BOOK B, PAGE 37 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL OF BLOCK 36, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP ENTITLED "MAP OF THE TOWN OF SAN
LUIS OBISPO", SURVEYED BY R.R. HARRIS AND H.C. WARD IN 1870, AS FILED IN BOOK -'A",
PAGE 168 OF MAPS IN THE OFFICE OF THE RECORDER FOR SAID COUNTY;
ALSO; ALL OF LOTS 5, 6, 7, 16, 17 AND 18 IN BLOCK 63, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL MAP
ENTITLED "MAP OF THE OLD MISSION ORCHARD AND HIGUERA TRACTS", SUBDIVIDED BY H.C.
WARD IN 1880, AS FILED IN BOOK "B", PAGE 37 OF MAPS IN THE OFFICE OF THE RECORDER
FOR SAID COUNTY;
ALSO; ALL OF THE LANDS WITHIN THE MILL STREET RIGHT OF WAY LYING BETWEEN THE
EASTERLY BOUNDARY THE NIPOMO STREET AND PEACH STREET RIGHT OF WAY TO THE
WESTERLY BOUNDARY OF THE BROAD STREET RIGHT OF WAY AS SHOWN ACCORDING TO
THE OFFICIAL MAP ENTITLED 'TRACT NO. 522, MISSION GARDENS", PREPARED BY GARING,
TAYLOR & ASSOCIATES, INC., IN 1974, AS FILED IN BOOK 8 PAGE 60 OF MAPS IN THE OFFICE
OF THE RECORDER FOR SAID COUNTY;
EXCEPTING THEREFROM 18.00 FOOT WIDE STRIP OF LAND LYING WITHIN SAID MILL STREET
RIGHT OF WAY, LYING ADJACENT TO AND MEASURED AT A RIGHT ANGLE TO THE
SOUTHEASTERLY BOUNDARY OF SAID LOT "A" OF TRACT 522, BETWEEN THE EASTERLY
BOUNDARY OF THE PEACH STREET RIGHT OF WAY TO THE SOUTHEASTERLY PROLONGATION
OF THE NORTHEASTERLY BOUNDARY OF SAID LOT "A", ACCORDING TO SAID OFFICIAL MAP
OF SAID TRACT.
APN: 002-301-007 and 002-411-002
EXHIBIT B PAGE 1 OF 1
Public Utility Easement
Legal Description
That portion of Lot 16, Block 63, in the City of San Luis Obispo, County of San Luis Obispo, State of
California, according to the official map entitled, "MAP of the OLD MISSION ORCHARD and HIGUERA
TRACTS", subdivided by H. C. Ward in 1880, filed in Book "B", at Page 37 of Maps in the office of the
Recorder for said County, more particularly described as follows:
Beginning at the most northerly corner of said Lot 16, Block 63, being the corner of the Broad Street and
Peach Street right-of-ways as shown on said official map;
Thence, along the northwesterly boundary of said Lot 16, Block 63, and along the southeasterly
boundary of said Peach Street right-of-way, South 55° 42' 06" West, 98.22 feet;
Thence, leaving southeasterly boundary of said Peach Street right-of-way, South 58' 10' 09" East, 12.10
feet;
Thence, South 34° 17' 54" East, 5.00 feet;
Thence, North 55° 42'06" East, 6.00 feet;
Thence, North 34° 17'54" West, 5.00 feet;
Thence, South 55° 42'06" West, 4.91 feet;
Thence, North 58' 10' 09" West, 11.00 feet to a line that lies 1.00 foot southeasterly as measured at
right-angle from said boundary of the Peach Street right-of-way;
Thence, along said line that lies 1.00 foot southerly as measured at right-angle from the southern
boundary of the Peach Street right-of-way, North 55° 42'06" East, 96.68 feet to the northeast boundary
of said Lot 16, Block 63 and the southwest boundary of the Broad Street right-of-way as shown on said
official map;
Thence, along the southwest boundary of said Broad Street right-of-way, North 34° 17'54" West, 1.00
foot to the point of beginning.
End Description
�pGAN D Slip`
Prepared by: ��. Quo
Dan Hutchinson, L. S. 5139
NO 5139
Date: ! 5
OF
EXHIBIT C PAGE 1 OF 1
Temporary Construction Easement
Legal Description
That portion of Lot 16, Block 63, in the City of San Luis Obispo, County of San Luis Obispo, State
of California, according to the official map entitled, "MAP of the OLD MISSION ORCHARD and
HIGUERA TRACTS", subdivided by H. C. Ward in 1880, filed in Book "B", at Page 37 of Maps in
the office of the Recorder for said County, more particularly described as follows:
Commencing at the most northerly corner of said Lot 16, Block 63, being the corner of the
Broad Street and Peach Street right-of-ways as shown on said official map;
Thence, along the northeasterly boundary of said Lot 16, Block 63, and along the southwesterly
boundary of said Broad Street right-of-way, South 340 17' 54" East, 1.00 feet to the True Point
Of Beginning;
Thence, continue along the northeasterly boundary of said Lot 16, Block 63, and along the
southwesterly boundary of said Broad Street right-of-way, South 34' 17' 54" East, 4.00 feet;
Thence, leaving the southeasterly boundary of said Broad Street right-of-way, South 55° 42,06"
West, 90.01 feet;
Thence, South 580 10' 09" East, 6.63 feet;
Thence, South 55' 42' 06" West, 4.91 feet,-
Thence,
eet;
Thence, North 580 10' 09" West, 11.00 feet to a line that lies 1.00 foot southeasterly as
measured at right-angle from the northwesterly boundary of said Lot 16, Block 63, and the
southeasterly boundary of the Peach Street right-of-way as shown on said official map;
Thence, along said line that lies 1.00 foot southeasterly as measured at right-angle from the
southeasterly boundary of said Peach Street right-of-way, North 550 42' 06" East, 96.68 feet to
the northeast boundary of said Lot 16, Block 63, and the point of beginning.
End Description
Prepared by:
Dan Hutchinson, L. S. 5139 V �'
* a No 5139
Date: M L_(4 �0 ( ,Jl
�� OF CAO�
EXHIBIT D PAGE 1 OF 1
ki
NAIL IN CONCRETE
IN MON. WELL
osr.
P.O.B. fi
PERMANENT
EASEMENT
1
00,
9 ' �
,off; g TEMPORARY
CONSTRUCTION
Dr`4 EASEMENT
PERMANENT--_�y� q
EASEMENT
N5810'09"W
.II 6.63'
N5810'09"VJ
11.00' BLOCK 63
S34'i 7'54"E ,
1.00'
S34'17'54"E
4.00'
P.O.B. -
TEMPORARY
EASEMENT
N34'17'54"W P,9 i
�S58'10'09"E 5.00' i
12.10' N55'42'06"E .
S34'17'54"E S55 42'06"W 6.00'
5.00' 4.91'
0 20 40
1 INCH = 20 FEET
i
UTILITY EASEMENT
FOR SCADA FACILITY PURPOSES
CITY OF SAN LUIS OBISPO, CALIFORNIA
MS I LEC I 1' a 20' 1 08/04/2015