HomeMy WebLinkAbout1965-000000 A f cAo (
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RIGHT OF WAY CONTRACT
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0_ _ A written grant of easement covering the property particular_y
21 described in said document has been executed and delivered to
31 D. A. C. DALLASTON, acting as Agent for the South San Luis Obispo
4 County Sanitation District, hereinafter referred to as District, i
5 consideration of which, and the other considerations hereinafter
6 set forth, it is mutually agreed as follows:
7l} 1. The parties have herein set forth the whole of their
8 agreement. The performance of this agreement consitutes the entir:
9 consideration for said document and shall relieve the District of .11
101 further obligation or claim on this account, or on account of the
111 location, grade, or construction of the proposed public improvement.
121 2. The District shall:
13 A. Pay to the undersigned grantor the sum of $3525, $3300
14 of which is allocated for damage to the crop for the year 1965,
15' for the property interest conveyed by said grant of easement within
161 days after date of said interest is vested in the District free
17 and clear of all liens, encumbrances, assessment, easements, and
181 leases, whether recorded or unrecorded, and taxes, except:
19 (1) Covenant§, conditions, restrictions, and
20 reservations of record, if any.
211 (2) Easements orrights of way over said land for
221 public or quasi - public utility or public street purposes, if any.
231 B. Pay all escrow and recording fees incurred in this
24 transaction, and, if title insurance is desired by the District, le
25! premium charged therefore and documentary stamp tax, if required.
26!I Said escrow and recording charges shall not, however, include
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27 reconveyance or full release of mortgage.
28 3. Grantors warrant that there are no oral or written leases
291 on the property described in said grant of easement exceeding a
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301 period of one month, except:
31 4. The undersigned grantors hereby grant to the District an
32 1 easement to be used for the construction period only and to termin-
SHIMMY a SEITZ 1
ATTORNEYS AT LAW
70 SANTA ROSA STREET I -1
SAN Lute O..sro.
CALIFORNIA
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1i ate two months after said District has commenced to construct a
2 1 1 sewer line on said property. Said easement is granted to the
3 District together with the right to construct, maintain, operate, a •
4' use a sanitary sewer trunkline and pertinent related structures in,
51 over and across the hereinafter described property:
61 A right -of -way, 40 feet in width, for the construction,
maintenance and use of a trunk sewer, through and
along the south one -half of Arroyo Grande Avenue, now
abandoned, adjoining Garden Lot 40 of the Town of
8,II Oceano, in the County of San Luis Obispo, State of
California, according to map filed June 7, 1893 in
9 Book A, Page 147 of Maps in the office of the County
Recorder of said County.
10,
Said right -of -way lies within the south one -half of
11 Arroyo Grande Avenue as the said avenue adjoins the
1211 above described property.
5. Grantor hereby releases the District, its agents and its
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contractor from any and all liability for property damage or crop
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damage for the calendar year 1965. It is understood that it may be
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1 necessary for grantee to repair the herein referred to sewer line
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from time to time. It is agreed that District will be responsible
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for any crop damage which results from the future maintenance and
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repair of said sewer line.
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6. It is agreed that the District will replace all top soil
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upon the installation of said sewer line.
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IN WITNESS WHEREOF, the parties have executed this agreement
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on the day of August, 1965.
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24 I ' I C - _L `(LJitz
2. p .
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C. A. BUENO JEAN BUENO
26 ' Recommend approval
2711 _ fit Ci
28 1 Agent
29 District
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31! w
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SHIPSEYR: SEITZ II
ATTORNEYS AT LAW
IB SANTA ROSA STREET
SAN LUIS OBISPO. I
CALIFORNIA
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