HomeMy WebLinkAboutResolution 89-95 e
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RESOLUTION NO. 89-95
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AUTHORIZING ACCEPTANCE OF A 2.5-FOOT WIDE DRAINAGE EASEMENT
CONTIGUOUS TO THE EASTERLY BOUNDARY OF TRACT 2103
(Portion of Lot 20, Block D-C, Atascadero Colony)
WHEREAS, Tentative Tract Map #91006 was approved with a condition
that a 10-foot wide drainage easement be dedicated to the City
along the easterly boundary of the site to be subdivided; and
a
WHEREAS, such a drainage easement is necessary to ensure the
unobstructed flow of surface waters for the benefit of flood
protection for upstream private properties; and
WHEREAS, a final map in substantial conformance with said tentative
map has subsequently been accepted by the City and recorded; and
WHEREAS, the recorded final map, Tract 2103, effectually dedicated
a 10-foot wide drainage easement along 112.71 feet of the easterly
boundary of the subdivided site and a 7.5-foot wide drainage
easement along the remaining 124.59 feet of the easterly boundary
of the subdivided site; and
WHEREAS, the justification for allowing said final map to record
with a dedicated drainage easement width of less than 10 feet along
said remaining easterly boundary of the subdivided site was that
the owners of the contiguous property to the east had already
granted a 2.5-foot wide drainage easement therefore guaranteeing a
drainage easement of at least 10 feet wide;
NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council
does hereby accept said 2.5-foot wide drainage easement and
authorizes the recording of the Grant Deed of Easement herein
described and attached hereto as Exhibit A.
On motion by Councilmember Luna , and seconded by
Councilmember Carden , the foregoing Resolution is hereby
adopted in its entirety on the following roll callvote:
AYES: Carden, Johnson, Highland, Luna
NOES: None
ABSENT: Bewley
ADOPTED: October 10, 1995
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Resolution No. 89-95
Page Two
CITY OF ATASCADERO
By: j• f
/dE-ORIIE P. OtHLAND, Mayor
ATTEST:
LEE PRI E, Cit Cler
APPROVED AS TO FORM:
ARTH R R. N DON, City Attorney
APPROVED AS CONTENT:
STE N DECAMP, City P anner
P
EXHIBIT A
Order No. -GRANT DEED OF EASEMENT
Escrow No. RESOLUTION NO. 89-95
Loan No. XCWMF6U2W by
a
WHEN RECORDED MAIL TO:.
PLANNING DIVISION
CITY OF ATASCADERO
6500 PALMA AVENUE
ATASCADERO, "CA 93422
MAIL TAX TO: SPACE ABOVE THIS LINE FOR RECORDER'S U
SE
STATEMENTS
DOCUMENTARY TRANSFER TAX$ . ................................................
....Computed on the consideration or value of property conveyed;OR
.... Computed on the consideration or value less liens or encumbrances
remaining at time of sale.
Signature of oectarant or Agent determining tax— irm Name
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
John B.. Marques,Jr. and Betty L.Marques
hereby GRANT(S) to the City of. Atascadero an easement for drainage purposes ,'
the real property in the City of Atascadero State of California, described as
County of San Luis Obispo
All that property contained in Lot 20, Block D-C, per City of
Atascadero (according to map recorded October 21 , y in Book 4 ,
County
page 53 , in the office of the County Recorder, of San
Luis Obispo, State of California) that lies southerly of the
south right of way of Curbaril Avenue, being more particularly
described as:
The westerly 2 .50 feet of said
? L t Block D-C of the City o�.Atascade�ro-
20,Dated � 1 i0 �MA QUES, JR.
STATE OF CALIFORNIA r }ss. 11«1
couNTY ofd, t 5 ' 'lOa } BETTY L. MARQUES
Onbefore me,
personally appearedli1F�t'! (.dr f
pemeaally-koewin-to-me;(or proved to me on the basis of satisfactory
evidence)to be the persons)whose name(s)jd/are subscribed to the within
strument and acknowledged to me that she/they executed the same CHRISTI HARKNESS
hieAter/their authorized capacity(les), and that by.bisFberitheir Signa COMM.#982779
Ire(s)on the instrument the person(s)or the entity upon behalf of which > Notary Pubic-California
San (�br�po Y N
the person(s) acted,executed the instrument. My Comm.Exp.Jan.19,f997
WITNESS my,hapb.ant'-official seat. ;
,�j (This area tor official notarial seal)
Signature �f ''�I f t�Alt'/ �L - r
MAIL TAX STATEMENTS AS DIRECTED ABOVE toot(1/94)
E DOCUMENT