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HomeMy WebLinkAbout1965-024395� � '!�DLZc� �1 PAGE�Se� CERTIFICATE OF ACCEPTANCE TH25 IS TO CERTIFY that the interest in real property conveyed by the Easement Deed , dated 8 ___ , 1965, from COUNTY OF SAN LUIS OBISPO to the SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT, a governmental agency. is h�reby accepted by the undersicyzed officer or agent on behalf of the Board of Directors of the SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT, pursuant to authority conferred by Resolution of the Board of Directors of the SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT adopted on June 23, 1965, and the grantee consents to recordation thereof by its duly authorized officer. DATED; October 11 1965 SOUTH SAN LUIS OBISPO COUN� _ SANITATION DISTRICT � OU2� rl0 l.o- ��('I c� �' . � "� � ��Nt 0 � ��� By 7 Chairman of the Board of Directors Document No.._ ��„-�- �� � �" � � RECOR AT REQUEST�� :-...—_ �:..l�A ����i�e�M. %� � vo�:.::..�a3._z�._.an. n..,3� SAN LUIS OBi8P0 CpUNTY, OCT 2 0 t9� i�� ���61.,s�-� � ;ba , ,eo rdei� B ' �!�hi Fee ;&`�-�.� ed [:Oiv$3'AKF;D t; 5rr ` : ,,_-z: .. � e- r_ '� :�. �.. F. ..:��� �r . . � .;; . .� --� �' `% � �0�1371 PA�E�46 . .I �r a, . ::��' ������ � / � EASEMENT DEED 1 2 3 4 5 � THIS INDENTURE, made this-?3 day of �[ccy�1965, by and % ' between the County of San Luis Obispo, a political subdivision of the State of California, hereinafter called "Grantor", and South San Luis Obispo County Sanitation District, hereinafter called "Grantee". 7 :� WITNESSITH; That Grantor for the sum of SIX HUNDRED FORTY-FOUR ($644.00) 9'i DOLLARS, receipt of which is hereby acknowledged , does hereby grant � 10', unto Grantee, its successors and assigns, permanent and perpetual 11II easements of rights of way in, under, through and across the lands I i 12';I and for such durations as hereinafter described to construct, recon-', 13i 14� 15i 161 17� 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 struct, repair, replace, enlarge, maintain and use an underground pipe line as a sewer line, together with the necessary fixtures and appurtenances, together with the right of ingress thereto and egres� therefrom, to and along said right of way, over and across that real property situate in the County of San Luis Obispo, State of California, and more particularly described on the attached sheets marked Exhibit "A" which are hereby expressly incorporated herein by reference as though £ully set forth herein, together with the right to clear and keep clear said right of way from explosives, buildings and structures, all subject to the following conditions and provisionsc 1. The Grantor reserves the right to further develop or im- prove the landing area of the airport as it sees fit,regardless of desire or view of the Grantee,and without interference or 2. The Grantor reserves the right,but shall not be obligated to the Grantee, to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of the Grantee in this regard. 3. This Easement Deed and the covenants contained herein shal ' ^� J � � cr� �`.", y:G �W C� �:` BNIPBEY68EITZ � ATTOFNfiYfATLAW � ��� 1! 4ANTA NOB/�9TRC6T SwH Luis Oeisro. CALIFORNIA i vo�13'71 PasE347 ., .� � 2 3 4 5 6 7 S 9 10 11 32 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 sH�wer r �sirz •rro��a. �+uw rss ewrrr� �eo�� �r�[�r s�x wu Guro. CALIIORNIA be subordinate to the provisions and requirements o£ any existing or future agreement between the Grantor and the United States, relative to the development, operation or maintenance of the airport. 4. There is hereby reserved to the Grantor, its successors and assigns, for the use and beneift of the public, a right of flight for the passage of aircraft in the airspace above the surfa of the premises described in this Easement Deed, together with the right to cause in � id airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigat of or flight in the air, using said airspace or landing at, taking off from or operating on Oceano County Airport. 5. Grantee by accepting this Easement Deed expressly agrees for itself, its successors and assigns that it will not make use of the premises described herein in any manner which might interfer with the landing or taking of£ of aircraft from the Oceano County Airport or otherwise constitute a hazard. In the event the afore- said covenant is breached, Grantor reserves the right to enter upon the premises described herein and cause the abatement of such interference at the expense of the Grantee, without any liability to Grantor whatsoever. 6. Grantee has the riqht to take down any fence when such becomes necessary for the cpnstruction, reconstruction, repair or maintenance of the sewer line, provided however, any and all fences so removed mU,st be replaced in kind, all at the sole cost of Grante� and Grantee may provide egress and ingress for the purposes contain in this Easement Deed by means of gates installed to Grantor`s specifications at the sole cost of the grantee, and further provide� that said gate be kept locked with duplicate keys provided to Grant� 7. No equipment of any kind or nature may be used by Grantee, his employees, agents, suppliers or contractors that will cause a hazard to aircraft within the approach zones to the Oceano County -2- .; � ;-� _ � �� R" P � Y�.n � ti i � ., u011J � 1 PAGEv48 �.- 1 2 3 4 5 6 7 8 9 10 11 32 13 14 .� Airport at any time. 8. At any time construction, repairs, maintenance or like work is to take place for the purposes of this easement the Grantor shall have five days prior written notification of the Any and all barricades, flags, lights, and other like devices as are required for public safety shall be furnished by Grantee at his sole costs and expense. 9. The County retains the right of inspection upon the completion of any construction, maintenance or repair designated in this Easement Deed. 10. Grantor and his successors or assigns shall not erect or construct, or permit to be erected or constructed, any building, plant, tree or trees, or drill any well within the limits of said rights o£ way. 15 11. Grantee shall have the right to trim, cut and clear 7�g away any trees and brush, all at the sole cost of Grantee, whenever 17 in its judgment the same shall be necessary for the convenient 18 19 20 21 22 23 24 25 26 27 28 29 .� � �� sH�n�rk wrw�rtrt� M� �se swrarw avql !AN WOOH`rOi: CALI/OIWIA'71`S and safe exercise of the rights hereby granted. 12. Grantor agrees that no other easement or easements, except as expressly reserved herein, shall be granted on, under or over said strip of land by Grantor, without prior written consent of Grantee. 13. Grantee agrees to assume the defense of and indemnify and hold harmless Grantor, and its officers, agents and employees from any and all claims, liability, loss, injury, attorneys fees, court costs and damages of whatsoever ]cind and nature and to whomaoever occurring, directly or indirectly arising out of, or under the conditions and provisions of, this Easement Deed. IN WITNESS WHEREOF the parties have hereunto set their hands �:tl� .day and year first above written. , Q �� # �, j �;�, M COUNTY OF SAN LUIS OBIS80 � i > . -�.-L-.�i '!ti/_ __ Chaifman dT tlie �soard oz �u and -officio Clerk visors of the County of San of Supervisors of the Obispo, State of California Luis Obispo,California. GRANTOR -3- � � ==, � 4� � � 0�13'71 Pa�E�49 � 2 3 4 � 5 6 71 8 9 lo ii 32 13 14 15 18 17 18 19 20 21 22 23' 24 25 26 27 28 29 30 31 32 sx�wer � u�rz wrroRHnt wr uw re �wrvtw aosll m�uT 9�a W �s O�uro. CALI�OIINIA � Recommended £or Approval: i — .�� , �� Airport Manager GRANTEE i ., � - :, .., � /��, /� ��� c � �rrz�=-�_ �;� �.ti u ,:, _ _._ .-,. . - � � VOLZs.�.�,�. � pqGE�cS� �.. �TAT� OF CALIFO�2UtA COUNTY OF 5aN LUIS OBI;iPO ) : ss ) � On the ,�� day of ..�� , 19(�5' , betore me, the undersigned Notary ?ublic, personally appeared Fred C. Kimball and A. E, Mallagh known to me to be the Chairman and Clerk, respectively, of the Board af Supervisors of the County of aan Luis Obispo, ,itate of California, and known to me to be the persons who executed the within instrument on behalf of the political subdivision therein named, and acknowledged to me that such political subdivision executed the same. IN UJITiV�S� WH=REOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAU C�-�u.�� e�'� �.�D Notary Public in and for said County &.itate � �:_ : � .��_,, - , . � 1 � „�� 1i � �„ � ;t' _�.;t� s� �;' �= �-= � _ - � - v . ..r..�.�.,� JAMES PJ. PO°�d��L y - � � NOTARY PtlBtlC ]{ SAN WIS OBISPJ (OUNTY 1 CAIIFOR4;A 7 0 � :� � co rn cn �J �� �� Gr' .. � a 13'71 PQ�E�51 � RIGHTS OF WAY THROUGH THE OCEANO COUNTY AIRPORT PROPERTY 1 2 3 4 5 6 7j 8 '� 9', 10; 11' 12� 13',� 141 15i 16j 17I l8l 19 �1 20 21� 22I i 23! 2�I 25 26 27�! 28I � 29� 30 31j 32i PARCEL A A right of way 20 feet in width, lying 10.0 feet on each side of the following described centerline, for the construction, main- tenance and use of a trunk sewer, through the Oceano County Airport property, the center line of which is more particularly described as follows: Commencing at the most easterly corner of the South San Luis Obispo County Sanitation District Water Pollution Control Plant site as surveyed by David W. Hook and filed in Book 14, Page 43 of Records of Surveys in the County Recorder's Office, San Luis Obispo County, California, thence South 32 W., 10 feet to the true point of beginning; thence South 57 East, 397.42 feet; thence South 73 East, 512.64 feet; thence South 61 East, 80 feet, more or less, to the Southerly boundary of the said Airport property. PARCEL B A right of way 15 feet in width, lying 7.50 feet on each sid� o£ tlie following described centerline, £or the construction, main- tenance and use of an out£all sewer, through the Oceano County Air- port property, the center line of which is more particularly described as follows: Commencing at the most westerly corner of said South San Luis Obispo County Sanitation District Water Polluti Control Plant site; thence North 32 East, 11.16 feet to the point of beginning; thence from the point of beginning, North 82 22'47" West 298.36 feet, more or less to thewest line of the said Oceano County Airport property. PARCEL A-1 A temporary right of way� 7.5 feet in width, lying on each side and contiguous to the above described right of way on Parcel for construction purposes only and shall continue in full during the construction of � id pipeline, and that upon completion and, final inspection and acceptance o£ the gipeline by said Grantee h in,the easement £or the temporary working strips hereby granted s c ♦� w� 11 SHIPBEY h 8EITZ " EXHIBIT "A" O SANT.� pOBA BTREFi � SwH Lu�e Oeisvo. I I I GLIFONHIA i.l I � � �� 2I, 3 4 � 5 6I 7 $�i , 9 i i� 10, 11! i 12' 13�, 14! 15'� 16; 17I i 18� 19� 20I 21I 22I 23 24 �I 25 26' 27I � 28 1 291 30 31�'� 32I BHIP8EY59EITZ �I ATTOpNCYB AT LAW IG BANTA R09A 9TREET I SeN lwe Oemro. I GLIIORNIA � � .. v��1371 PA�E� cease and terminate and become of no further force and effect. PARCEL B-1 A temporary right of way, 7,5 feet in width, lying on each side and contiguous to the above described right of way on Parcel B for construction purposes only and shall continue in full during the construction of said pipeline, and that upon completion and, final inspection and acceptance of the pipeline by said Grantee her the easement for the temporary working strips hereby granted shall cease and terminate, and become of no further force and effect. , � c"� �-i +� c� u3 ran EXfiRBIT ��A"