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Home My WebLink About1965-021699�� _ 'o � c �, S� 3 4 5 6 7 8 9 10 11 12 I 13 i 14 15 16 17 18 19 CBRTIFICATE OF ACCBPTADTCE LUIS OHI3F0 COUNTY THIS IS TO CERTIFY that the interest in real property conveyed by the Dept. of Parks and Recreation dated ✓�� r ,1965, fYOm STATE OF CALIFORNIA to the South San Luig Obiapo County Sanitation Diatrict, a qove mental agency, ie hereby accepted by the undsraiqned olficer or agent an�behalf of the Board of Directors of the South San Luis Obiapo County Sanitation District, pursuant to authority confer by Resolution of the Board ot �ir�ctare of the South San Luia Obiepo County Sanitation Diatrict adopted on June 23 ,1965, and the grantee consente to r�cordation theraof by its duly authorized officer. Dated: June 28 ,1965, ,��,6fT { °9/si/�s'-` ,*c ��aqY �,�\. ,� _�� _ �; , � : ' �� y �_ �> IYl 24 25 26 27 zs 29 30 31 32 sx�naer e se�rc wrrowwer� wr uw re au+rw wotw meecr Bwx Luu Muro. Guwonw�w �-^ -__ eh � o� 50 c�z��. �G�S C C�'ictzno �zP\ J I_zk� ��ko„� Lz�x1s , ", � _ .. ; �q.,�. . � � �- • � � ... _-, . � . ;i " ` L'. .' .. - � l_ .'. �..�}��:� . . ' .. � .. 'VOL1c�� PAGEIOO ��s AA Document No._______. `�`� RECORDED AT REQUEST OF SHIPSEY_ANR_SE1TZ_ L �� __2Gt. At_ t`J.._.D_ Min. Past___'�__ __ • Vol._� _ Rernrds P._I O/_ San Luis Obispo County, Calif. SEP 17 1965 � (/ � CO[]� g BY -- -- e Fee �— - - - Indexed �� _ COtyIYAltN;D � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 .. zA�� PISMO STATE BEACH .. AGREEMENT AND GRANT OF EASEMENT va�1367 PacE101 7 THIS AGREEMENT, made and entered into this ;` day of ��,{��/�. , 1965 by and between the STATE OF � y `__ A CAL �RN1��A, acting throu�h the Department of Parks and Recreation, hereinafter called "STATE", and SOUTH SAN LUIS OBISPO SANITATION DISTRICT, hereinafter called "GRANTEE"; W I T N E S S E T H: The STATE, pursuant to provision of Section 5012 of the Public Resources Code, and in consideration of the payment to the STATE of the sum of $600.00, the receipt of which is hereby acknowledged, hereby grants to GRANTEE an easement for an under- ground sewer pipeline and appurtenant underground facilities through that certain real property in the County of San Luis Obispo, State of California, described as follows: Portion of Lot 50 of Garden Lots as shown on a Map of the Town of Oceano, not divided into lots or blocks, but shown as Lake Bottom Lands, as shown by and set forth and described on that certain map or plat of Oceano Beach Subdivision No. 2, made by Ensi�n and Ransom, surveyors, filed in Book A, Page 150 in the County Recorder's office, San Luis Obispo County, California, and portion of the beach near and to the north side of the mouth of Arroyo Grande Creek, as described in an easement, granted to San Luis Obispo Flood Control and Water Conservation District, Zone No. 1 by deed recorded June 26, 1957 in Book 8g7, Page 72, Official Records of said County, described as follows: Parcel One: A strip of land, 20 feet in width, the center line of which is described as follows: Commencing at the south- east corner of the Water Pollution Control Plant site as surveyed by David W. Hook and filed in Book 14, Page 43 of Licensed Surveys in the County Recorder's office of said County, thence North 85 40' S9 " West, 520 feet; thence South 4 lg' O1" West, 21,05 feet; thence North 82° 22' 47" West, 863 .80 feet, more or less, cn � � }.a � � v i� � �! I CO ; i C�' � � SHIPSEY AND SEI7� Nau rA� srA�nn.rns ro: �� 9s 3 5.,., 4 �:rfl,�;;��'�,3��L Nama Addrew Zip �. .�'� 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ..: � 1lOL1�U7 PAGE�O� to a point on the west line of Sunset Lane also known as First Street being the first point of beginning; thence continuing North 82° 22' 47" West, 275 feet, more or less, to the weat line of said Lot 50 and the east end of Brook Ave, as shown on map or plat of said Oceano Beach Subdivision No. 2 and the end of the first right-of-way. Parcel Two: A strip of land, 20 feet in width, the center line of which is described as follows: Commencing at a point lying the following three courses and distances from the said southeast corner of the Water Pollution Control Plant site; first, North 85 ° 40' 59" West, 520 feet; thence second, South 4 lg' Ol" West, 21.05 feet; thence third, North 82 22' 47" West, 1484 .21 feet; thence changing course to South 86° 30' West, 190 feet, more or less, to the west line of Strand Avenue as shown on said map or plat of Oceano Subdivision No. 2 and the second point of beginning; thence continuing South 86 30' West, 350 feet, more or less, to the line of ordinary high tide and the end of the second right-of- way. Together with temporary rights-of-way, each 20 feet in width, lying on each side of and contiguous to the above described rights-of-way for construction purposes only and said temporary ri�hts-of-way shall become null and void at the end of the construction period, but in any event said temporary rights-of-way shall terminate not later than one year after the date first above appearing. This grant is made and accepted upon the following and conditions: 1. This grant is sub,ject to all valid and existin� con- tracts, leases, licenses, encumbrances and claims of title which may affect said property and the use of the word "grant" herein shall not be construed as a covenant against the existence of any thereof. 2. GRANTEE is further given the right of reasonable ingres to and egress from the easement hereby granted, provided, however that existing roads and trails shall be utilized for such purpose whenever reasonably possible and further provided that if such road or trail is not available, GRANTEE shall secure the consent of the STATE as to the route or routes to be followed for the pur pose of such ingress and egress. Such right of ingress and egres � rn - o u ti � o> c� I�: F� CT: CC CG -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 � ., `vo�1367 PA�E103 shall at all times be exercised in a manner which will cause the least damage to the property of the STATE. 3• GRANTEE hereby waives all claims and recourse against the STATE for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this agreement. GRANTEE agrees to indemnify, save harmless and defend the 5TATE, its off3cers, agents, and employees against any and all claims, demands or causes of action that may be brought against the STATE, its officers, agents, and employees arising out of, or in any way connected with or incident to the use or occupancy of said premises by the GRANTEE or the exercise by GRANTEE of the rights or privileges herein granted. 4. STATE expressly reserves the right to the use of said property, in any manner, provided such use does not unreasonably interfere with the use of the easement herein granted. 5. STATE expressly reserves the right to require GRANTEE, at the expense of STATE, to remove and relocate all improvements placed by GRANTEE within the easement upon determination by STATE that said improvements interfere with the future development of STATE'S property. GRANTEE agrees that within one hundred eighty (180) days after written notice from STATE of such determination by STATE and demand for removal and relocation of said improve- ments, GRANTEE shall remove and relocate said improvements to a feasible location on the property of the STATE, and STATE shall furnish GRANTEE with a good and sufficient similar easement for said improvements in such new location, and GRANTEE thereupon shall reconvey to STATE the easement herein granted. I 6. This agreement and the rights and privileges herein � given GRANTEE shall terminate in the event that GRANTEE shall fail for a continuous period of one (1) year to utilize the rights and privileges herein granted. � m v ;..� � � � � 2v F� � L� � -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 .� � VDl1c��7 PAGE�O4 In the event of the termination of this agreement, GRANTEE shall, at GRANTEE'S own expense, when requested in writ- ing to do so by STATE, remove all property and equipment placed by or for GRANTEE upon the said premises and restore said premises as nearly as possible to the same state and condition they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE shall fail so to do within sixty (60) days after the aforesaid request is given, STATE may do so, all at the cost and expense of GRANTEE to be paid by GRANTEE on demand. Upon termination of the rights herein granted, GRANTEE shall execute and deliver to STATE within thirty (30) days, a good and sufficient quitclaim deed to the rights arising here- under. 7. Upon completion of any work to be performed by GRANTEE on said easement, GRANTEE shall restore the surface of the ease- ment to a condition satisfactory to the STATE. 8. This agreement shall not, nor shall any interest therein or thereunder, be assigned, mort�aged, hypothecated or transferred by GRANTEE whether voluntarily or involuntarily or by operation of law, nor shall GRANTEE let or sublet, or grant any licenses or permits with respect to the use and occupancy of the said premises or any portion thereof without the written consent of STATE being first had and obtained. 9. GRANTEE, in the exercise of the rights herein granted, shall at all times comply with all applicable laws and lawful regulations, including such rules and regulations for the State Park System now in effect or hereafter adopted. 10. GRANTEE agrees to install and maintain said sewer pipe- line and appurtenant underground facilities at a depth of not less than two (2) feet under the present surface of the ground. :� rn - v � � � o� cn N F � CC C� —�+— � 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 � .� � vo�13s7 PA�E105 IN WITNESS WHEREOF, the parties have executed this instrument upon the date first hereinabove appearing, ��GfI ` %° Ii�% ��NTR�� STATE OF CALIFORNIA ss. COUNTY OF SACRAMENTO STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Fred L. Jones, Director y DEPU7Y OIRECTOR ��L�� DIVISION OF BEACHES AND PARKS Charles A. DeTurk, Chief B �� _� �i oi1.3�i P4GE�OB On this lst day of TLiy , in the year of before me, �p .r ess � , a Notary Public in and for t e� State of Cai3�orn a, duly commissioned and sworn, personally appeared John H. Knizht and CharlPs A D m„r� , known to me to be the DenLty Director of Parks and Recreation and the Chief of the Division of Beaches and Parks, respectively, o. e ta e of California and acknowledged to me that they executed the within instrument in the name of and on behalf of the State of California. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said County, the day and year first above written. � y.�..... .. ................� � , �.;� e;n�a F;u,vrR�ss S ,,; r F'�q.fy;;-<� NOTARY FUdLIC � Y �_rYV•�i � � � ..�� SACRA.dEN�iO C4., CALIPOfiNIA � .__._ �/ � � � i �� ,No a"t ry Pub�ic In and for the County of Sacramento State of California ti rn ' F+ � io rn cn N � �� My Commission expires �, G�� SOUTH SAN LUIS OBISPO SANITATION VOI�c��7 PQGE�Q7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 I 21 22 23 24 25 26 27 28 29 BHIPBEY ! B6P1�� AT}ORH[Yf AT U�N /]8 YMA ROYA fIN1 $AN LYIY MI{PO� GLIRORHIA � �SOLV�xox ao. 2i A RESOLUTION AUTliORIZIDTii T8� CHAIRMi11i TO �11CCEPT lufD t�t8Y14T TO RBCORUNTION OF DEEDS �R CiRAytTB TO T�8 80�7Tl� SJ►N LtiiB ABISPO COtiD1TY SANITATIO�T DISTRSGT vOfiEREAB, Seetion 27281 of tha civvwrnment Code of Cali�ornia p�rmits the BoarB of Directora, by qaneral reaolution, to authoris an agent to acaept and consent to the r�eozdation of deeda aAd qrants conv�ying any incere�t in ar easemeat uposs reai prop�rty to the South San Luis Obispo County �anitation Diatrict Eor public purposaa, by �uch agRnt executing the certiticates as provlded theaein�, whieh certitiaate shall bw atteahw8 to or printet� on the de�d or grant; anek +� S�HERFAS, it appear� desiraDle to appoint the Chairman of th� Board of Dizeetors as sueh agent and tm authoris• him to accept and eoneent to sueh recordir►q. NOF4, TH8R8FORE, SE IT Et�30LVED by the Soard of D3z�etors o! the South San Luis Obispo County Sanitatian Distriets 1. That the Chairmatt of th� Board of Directors o! the South San Luis Obispo County Sanitati on Diatrict, is hereby designatad a: the agent to aceept on behalf o€ maid District and to aensent to the re- cordation of any deed or qrant conveyinq an interest in or aase�aent upon r.al propsrty to th� Sonth fan L�aiu �bispo Caunty Saaltatlon riistrict. 2, That the Distzicat'a reeretary is hereby directed to zecord thi• sesolution. PASSSD ALiD ADOPTSD thf• 23r day of June, 1965. by th� Pollowing rall aallvote: AY8&� wh Smith, Carpenter and Jacobs None �� None �. r,,r -,,.�;p'�; . Chaii�ma ! th� Dou�d of , Direetors .� , A'�R:� i �;�Yl!" ;: x '�'; !n •.� e,� � ro ;�.r .;? �y. � �n