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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. 1 of 4 SLO City/SCADA/Deed - Diocese of Monterey —0 a1,&1 L 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 2 of 4 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 3 of 4 SLO City/SCADA/Deed - Diocese of Monterey 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 4 of 4 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