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HomeMy WebLinkAbout2023-037668 2023037668 Elaina Cano San Luis Obispo - County Clerk-Recorder 12/20/2023 04:49 PM Recorded at the request of PUBLIC Titles: 1 Pages: 8 RECORDING REQUESTED BY Fees: $s $0$0.0 Taxes. WHEN RECORDED RETURN TO: Total: $0.00 City Clerk 1III Q���� 111I':1I1Al taill III City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY NO RECORDING FEE-PUBLIC AGENCY-GC§§6103,27383 APN: 006-581-059 THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO SECTIONS 6103 and 27383 OF THE CALIFORNIA GOVERNMENT CODE. GRANT OF SANITARY SEWER EASEMENT For valuable consideration, receipt of which is hereby acknowledged, Kevin Buchanan (referred to herein as "Grantor") hereby grants to the City of Arroyo Grande, a municipal corporation, within the County of San Luis Obispo, State of California, and its successors and assigns (referred to herein as "Grantee"), a sanitary sewer easement, in, on, over, under, upon, along, and through that certain real property described and depicted on Exhibits "A-1" and "B," attached hereto and incorporated herein by this reference (referred to herein as the "Sewer Easement Area"), together with the right to forever install, operate, maintain, improve, inspect, repair, and replace, the underground sanitary sewer facilities, along with any appurtenances and incidental uses ("Sewer Easement"). The Sewer Easement Area is an area ten (10) feet in width consisting of five (5) feet on either side of the line as described in Exhibit "A-1". The Sewer Easement and Sewer Easement Area will be located on that certain real property situated in the County of San Luis Obispo, State of California more fully described in Exhibit "A-2" ("Property") attached hereto and incorporated herein by this reference. The Sewer Easement shall include the right and privilege of Grantee and its employees, agents, representatives, contractors, subcontractors, and workmen (collectively, "Permittees") to: (i) perform all activities as may be necessary to facilitate the purposes of the Sewer Easement ; (ii) have access to, ingress to, and egress from the Sewer Easement Area as may be necessary to facilitate the purposes of the Sewer Easement; and (iii) take such reasonable action as many be necessary, in Grantee's reasonable discretion, to protect the Sewer Easement. Grantor's Use of Easement Area. It is further understood and agreed that, subject to the terms contained herein, the Grantor retains the right to use the Sewer Easement Area for any purpose whatsoever, to the extent that such use does not unreasonably interfere with Grantee's use of the Sewer Easement. Grantor's ingress and egress to the Property across the Easement Area shall be uninterrupted. Grantor hereby covenants, by and for itself, its assigns, and its voluntary and involuntary successors in interest to the Property or any part thereof, that Grantor shall not, without the prior written consent of Grantee, erect, place, or maintain any building, wall,fence, or other permanent structure within the Sewer Easement Area, or undertake any other activity, which may materially interfere with the Sewer Easement and/or Grantee's exercise of all rights and privileges thereof. Miscellaneous. This Grant of Sanitary Sewer Easement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed an original, and all such counterparts shall constitute one and the same instrument. SIGNATURE PAGE TO GRANT OF SANITARY SEWER EASEMENT [Grant of Easement Interest in a Portion of APN 006-581-059] IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on the date set forth below. GRANTOR: Kevin Buchanan, an individual By: Name: iz-v6,4v.,na.,n Date: I 4 , 2023 EXHIBIT A -1 Legal Description SANITARY SEWER EASEMENT A portion of Lot 7 in Block 2 of T ract 100 in the City of Arroyo Grande, County of San Luis Obispo, State of California according to Map Book 6, Page 37 records of said County and a portion of lot 107 of Parts of the Ranchos Corral De Piedra, Pismo and Bolsa De Oemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California according to map recorded in Book A of Maps at page 65 records of said Count, being also a portion of the property described as Parcel B in Certificate of Compliance recorded August 16, 2004 as Instrument No. 2004-072748 of Official Records of said County, said portion described as follows: A strip of land of the uniform width of 10.00 feet lying 5.00 feet on each side of the following described centerline: Commencing at the Northerly corner common to Lot 6 in said Block 2 of Tract 100 and said Parcel 6 in Certificate of Compliance recorded August 16, 2004 as Instrument No. 2004-072748; thence Southerly along the line between said lots, 1) South 06 13' 00" East a distance of 90.92 feet to the True Point of Beginning; thence leaving said line, 2) South 42v 3S' 40" East 106.65 feet to the South line of aforementioned Parcel 13 and the Point of Terminus which bears North 89° 47' East, 71.88 feet from the Southwest corner of said Parcel B; The sidelines of the above-described parcel shall be lengthened and/or shortened to intersect adjacent course sidelines and property boundaries. The above-described panel is graphically shown on Exhibit B attached hereto and t made a part hereof. STANTON r'LS 5102 t CA'.` tAl-�Ur' v:11O23\23064 GQ5 Eman CN arroyo CrWOc\Letat Okcrvti0r- 23.066 Oleo Q t.G Awvrr CSmt.00C 3/16/2023 12:34 PM Exhibit A-2 Parcel B: Lot 7 in Block 2 of Tract No. 100 and that portion of Lot 107 of parts of the Ranchos Corral de Piedra,Pismo and Bolsa de Chemisal,in the City of Arroyo Grande,County of San Luis Obispo, State of California, according to the maps filed in Book 6 of Maps Page 37 and Book A of Maps Page 65 respectively,in the office of the County Recorder of said County,described as follows: Beginning at the point of intersection of the northerly line of said Lot 107 of James T.Stratton's Map of parts of the Ranchos Corral de Piedra,Pismo and Bolsa de Chemisal,according to the map filed for record in Book A,Page 65 of Maps,in the office of the County Recorder of said County,with the easterly line of Alpine Street extension, as conveyed to the City of Arroyo Grande,by deed dated September 13,1946 and recorded October 4, 1946 in Book 424, Page 221 of Official Records,at a found 2 inch Brass Cap with tag marked RE 4388; thence North 89°47'00" East,along the northerly line of said Lot 107,a distance of 466.08 feet to the westerly line of said Lot 7 and the True Point of Beginning; thence South 00°13'00"East,a distance of 62.50 feet to the southerly line of the land described in the grant deed to Wade Hoon and Carol Maria Hoon as recorded in Doc. #2003-035370 of Official Records of said County; thence North 89°47'00"East, along said southerly line,to the easterly line of the property conveyed to Jackson W.Ruhl and wife,by deed dated June 14,1938 and recorded October 3,1939 in Book 266,Page 131 of Official Records of said County; thence North 30°04'00"West along said easterly line to said northerly line of Lot 107,said point also being the southeast corner of said Lot 7 in Block 2 of Tract No.100; thence North 06°06'02"East,along the easterly line of said Lot 7,a distance of 54.11 feet; thence North 56°11'00"West,along the northeasterly line of said Lot 7,a distance of 155.81 feet to the northerly line of said Lot 7; thence South 89°4700"West,along said northerly line,a distance of 154.06 feet to the westerly line of said Lot 7 and the beginning of a non-tangent curve concave to the northwest and having a radius of 40.00 feet and a central angle of 57°3736"; thence along said westerly line and along said curve,a distance of 40.23 feet; thence leaving said curve South 00°13'00"East,along said westerly line of Lot 7,a distance of 107.20 feet to the True Point of Beginning. Containing 1.29 Ac,more or less. - r- ccs ,'"CSS/O ki e- 61 0 co 0 No.26993 m Exp.3/31/05 2 S�qr CN1L ��Q Fof CAL 0 EXHIBIT " B " LOT 7 BLOCK 1 RCE980 T TR 1 00 RCE 9806 6 MB 37 6 MB 37 (TYPICAL) N89'47'00"E 154.06' N89'47'00"E 446.74' EMAN CT I A=57'37'36" uI R=40.00' o 411L =40.23' E POINT OF LOT 7 a COMMENCEMENT N BLOCK 2 N a) o _---EXISTING 10' WIDE SANITARY TR 1 00 n LOT 6 0, SEWER EASEMENT 6 MB 37 BLOCK 2 0 MB 37 N TR 100 0 6 MB 37 N PARCEL B CERTIFICATE OF z I TRUE COMPLIANCE o17-a P.O.B. 2004-072748 > NO'13'00"W 16.29' \ — — "\I\ \ 10' WIDE P.U.E. BEING VACATED t ••,-,_ \ \• VPARCEL A \\ R0F PROPOSED 10' WIDE /�, CERTIFICATE OF \ !O SANITARY SEWER V • EASEMENT COW PLIANCE \\ \'\ 0 2004-07274B \\ \\ POINT OF E \ \ TERMINUS 0 \—•••• oN89'47'00"E \ pq N 71.88' SEWER o MANHOLE v PORTION LOT 107 (TYPICAL) a c RHO.S CORRAL DE PIEDRA, PISMO & BOLSA DE I CHEMISAL PER A NB 6 t 2011 -064751 w RN N O b O M SCALE 1"=40' N N �BSN MICHAEL B. STANTON, PLS 5702 10' WIDE P.U.E. BEING VACATED 3559 SOUTH HIGUERA ST. SAN LUIS OBISPO, CA 93401 LAND SURVEYS 605-594-1960 September 5, 2023 JOB #23-066 • ACKNOWLEDGMENT 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 San Luis Obispo On K)LNitrW -i(\ 7L - before me, L nsert name and title of the officer) personally appeared V i (1 —eJL--c who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. ° r JESSICA MnTSON California WITNESS my hand and official seal. Notary Public• � s�'��_' San Luis Obispo County ty ^ Commission x 2395008 "���°" My Comm.Expires Mar 22.2026 Signature. r� � �"�� (Seal) y • Complimentary Recording Requested Pursuant to Government Code Sections 6103 and 27383 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO GRANDE 300 E. BRANCH STREET ARROYO GRANDE CA 93420 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the grant of sewer easement dated November 16, 2023, from KEVIN BUCHANAN, to the CITY OF ARROYO GRANDE, a municipal corporation, is hereby accepted by the Mayor in accordance with Resolution No. 5336, adopted by the City Council the 28th day of November, 2023, for a portion of Lot 7 in Block 2 of Tract 100 according to Map Book 6, Page 37; and a portion of Lot 107 of Parts of the Ranchos Corral De Piedra, Pismo and Bolsa De Chemisal, Arroyo Grande according to Map Book A, Page 65 filed for recording August 16, 2004, as Instrument No. 2004-072748 of Official Records of San Luis Obispo County, and the Grantee consents to recordation thereof. Dated: l Z IZ3 CITY OF ARROYO GRANDE: By A , ,' Arlie CAREN R • RU.SOM, MAYOR ATTEST: JESSICA MATSON, CITY CLERK END OF DOCUMENT