HomeMy WebLinkAbout1987-078105. �,.
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Recorded at the request of:
City of Arroyo Grande
When recorded mail to:
Director of Public Works
City of Arroyo Grande
214 E. Branch Street
Arroyo Grande, California 93420
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DOC. roo. � '78�05
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
OCT $0 ]gg�
FRANCIS M. COONEY
County Cierk Recorder
„ti►e r�2 15 PM
PACE ABOVE THIS LINE FOR RECORDER'S USE
GRANT OF DRAINAGE EASEMENT
The undersigned is the present owner (the "Owner" herein) of
that certain real property in the City of Arroyo Grande (the
"City" herein) consistinq of Parcels 3,4,6,7,8,9,10 and 11 as
shown on Parcel Map 77-103, recorded November 30, 1979 in Book 28
of Parcel Maps, at Page 85, in the Office of the County Recorder
of San Luis Obispo County, State of California. All of said real
property is referred to herein as the "Property". A reference
herein to a numbered "Parcel" shall refer to the parcel of the
same number according to said Parcel Map 77-103.
It is contemplated by Owner and by City that eventually
Owner and/or its successors in interest to the various portions
of the Property will develop all of said Property and that in the
course of said development all drainage from all portions of the
Property will be placed within permanent public rights of way and
within permanent public and private drainage easements. The
purpose of this instrument is to preserve to City, to owner and
to Owner's successors in interest to the various portions of the
Property the continuing temporary right to discharge surface
waters into the major drainage courses which now exist, pending
the establishment of permanent public and private drainage
improvements. "Exhibit A", attached hereto and by this reference
incorporated herein, depicts the locations of the major drainage
courses which exist upon the Property.
Owner specifically grants to City the temporary right to
discharge surface waters and reservoir overflow and drainage
westerly and southwesterly from "Lot C" over Parcels 11 and 10 as
shown on Exhibit A. Owner also specifically grants to City the
temporary right to discharge surface waters southeasterly from
Strip B into the drainage courses over Parcels 9,7 & 8,4 and 3 as
shown on Exhibit A. Owner also reserves to each of the Parcels
and portions of Parcels of the Property the continuing temporary
right to discharge surface waters into the drainage courses shown
on Exhibit A. The location and sizing of permanent drainage
easements and improvements upon servient Parcels shall be such as
to accommodate all surface runoff from dominant Parcels when
fully developed. Dominant owners shall be required to maintain
and improve servient easement areas so as to effectively handle
increased flows caused by development of the dominant property.
As permanent easements and rights of way are established and the
permanent drainage improvements constructed therein, the
temporary easements granted and reserved herein shall
automatically terminate to the extent that they are no longer
required. In such a situation it shall be the duty of the
dominant Parcel owner or the City, as the case may be, to
promptly execute, acknowledge and deliver to the servient Parcel
owner any appropriate instrument required by a responsible title
company in order to clear the effect of the easement granted
herein from the record title of the servient Parcel. In the
f �����87 � event of a contest in such a situation, it is the intent herein
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that the burden of proof shall be upon the dominant Parcel or
upon the City to show that the temporary easement is still
required.
This instrument shall bind and inure to the benefit of the
respective heirs, administrators, personal representatives,
successors, transferees, and assigns of the City, Owner and of
successors in interest to the various Parcels and portions of
Parcels constituting the Property.
IN WITNESS WHEREOF, this instrument is executed this �9 �-
day of October, 1987 at San Luis Obispo, California.
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
Grantor:
N1tW�y��l�[�
BY' �, I!l.t�tata.Lt.t.tJ
Donnalee Salzgebe , Secretary
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On October ��, 1987, before me, the undersigned, a Notary
Puplic in and for said County and State, personally appeared
Donnalee Salzgeber, known to me to be the Secretary of the
corporation that executed the within Grant of Drainage Easement
on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the within instrument pursuant
to its by-laws or a resolution of its board of directors.
00112-2A
OFFICIAL SEAL
DEBORAH A. COURTNEY
� NOTARY PUBLIC - CALIFORNIA
• SAN LUIS OBISPO COUNTY
My Comm. Expires Ocf. 24, 1989
��Sign a
�o� 3068
' RECORDI�JG REQUESTED BY
AND WHEN RECORDED RETURN T0:
. CITY CLERK
City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93420
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CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest fn real property
conveyed by the deed or grant deed dated OCtober 29,1987
Ottse Inc.
to the City of Arroyo Grande, a mun?cipal corporation, is hereby
accepted in accordance with Resolution No. 453, recorded the 26th
day of August, 1960, in Volume 1081, Official &ecords, Page 344,
San Luis Obispo County, California, and the Grantee consents to
recordation thereof.
Dated: October 29, 1987
CITY OF ARROYO GRANDE
BY ��.r�"`� ��C......�t✓
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END OF DOCUMENT vc��Q6$