HomeMy WebLinkAboutProperty Managment Data File for Parking Lot 15■
City O['PROPERTY
sAn Luis
OBI sPO
MANAGEMENT DATA
sessor's Parcel
I 0 Z - —I Z l-
Z 0 No. of Uses
_ _ Date of Survey r
..ite Address
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Use Il Description 1�F� -�~
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Use 12 Description
Use /3 Description
Responsible Department
Declared Surplus ❑ Yes Xko Date Declared Redevelopment Area ❑Yes UD
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Zoning General Plan Description 'r/G� _ .. J '
Environmental Constraints
service Constraints
FP • Flood Plain. 100 Year
N ■ Noise (Exceeds 6H daA)
M • hater Supply (Inadequate
S ■ Sewage Treatment
AH ■ Airport Hazard
L • Liquifaction
Domestic Flow)
(Zone + b aelow)
(Differential Settling)
FF • Fire Flow (Hydrant)
ST ■ Sewage Transmission
LS • Landslide (Shown on
MF • High/Extreme wildland
FR Fire Response lGreater
(Inadequate Mains or
Pumps)
Seismic Map)
Fire Hazard
than 6 minutes)
Type of Aquisition
Date Aquired 24 purchase Price/Ded. Value
Land Appraisal/Estimate:
Improvement Appraisal/Replacement Valuer
Date:
Date:
�.J l
Use Il Land 14, ORD.00
Improvement
Total
Use 02 Land Improvement Total
Use 13 Land Improvement Total
Total Total Grand Total
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USE #1
Use Code ............6...a - v
Land Area.................. ■ A C
Building Area .............
Iof Floors ...............
Parking Spaces:..........
Date Built .................
Date Remodeled.............
Lease Term...............
Lease Exp. Date...........
Lease Rent Rate...........
Annual Revenue...........
Tenant/Lessor............
Tenant/Lessor Address.....
USE #2 USE #3. .TOTALS
Comments: References:
Asset I
Deed I _ 9'2. f --
Deed Ref. I ( rKll _
Insurance File I
Lease File /
Related Res. I SZ74 6y-/-'77n
Related Res.
Related Res. /
;Other
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MORDING REQUESTED BY: ^'
ST AMERICAN TITLE INSURE CO.
Order No.
Escrow No. SLO 801650 SF
Loan No.
WHEN RECORDED MAIL TO:
City of San Luis Obispo
P.O. Box 321
San Luis Obispo, California 93401
MAIL TAX STATEMENTS TO:
ADDRESS ABOVE
0 575-4320S E00000.00Fr RRRr
ma Noj' 35339
OMCIAL RECORDS
SAN LUIS OBISP'O RF.O CAL
JUL 201977
•WILLIAM E. ZIMARIK
COUNTY RECOROM
TIME e R 0 1 AM
PACE ABOVE THIS LINE FOR RFCORDEWS UBE
DOCUMENTARY TRANSFER TAX $:._ ra....... ................ ...
Computed on the consideration or value of property conveyed; OR
Computed the consideration or value Ise IN r mbrences
remaining ett lt ime sale. ,\
If
signature a i wlarans cr Agent datermin ng tax — Firm Name
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged,
FRANK ANTHONY BROWN, an unmarried man
hereby GRANT(S) to CITY OF SAN LUIS OBISPO;
the real property In the Clty of San Luis Obispo
County of San Luis Obispo State of California, described as
That portion of Block 8 of the City.of San Luis Obispo, in the City of San Luis
Obispo, County of San Luis Obispo, according to map recorded May 1, 1878, in Book
A, Page 168 of Maps, described as follows:
Beginning at the Southwesterly corner of Monterey and Broad Street in said City;
thence South 53007' I -lest along the Southerly line of said Monterey Street, 77 feet
to the northeasterly corner of the property conveyed to Henry Abel by deed recorded
April 10, 1872, in Book D Page 1 of Deeds; thence South 360531 West along_ the
Easterly line of the property so conveyed, 60,02'feet to a point; thence Northeasterly
77 feet to a point on the Westerly line of Broad Street, said point being South 36*53'
East, 60 feet from) the point of beginning; thence North 36a53' West along said
Hesterly line of Broad Street, 60 feet to the npint of beginning.
EXCEPTING THEREFROM and reserving unto the Grantor an easement for ingress and
egress and other incidental' purposes to be used by Grantor as a service access
and pedestrian walkway to the Grantor's remaining property over and accross the
Westerly 12 feet of the above described property.
Dated
STATE OF CALIFORNIA ]
COUNTY OF } n
San Luis Obispo }
1
On June 29, 1977
before me, the undersigned, a Notary Public In and for sold
State, personally appaarad
_ Fran�C llnthonv�otiyn -
known to me to be the person _ whose name 1 c
subscribed so the within Instrument and acknowledged that
he executed the same.
WITNESS my h■nd and o cial seal.
aXllla iql ll[I ILrl1 srll [tf 1l✓f[I rrf l tf! I IaM 11 ifI t lal d �
CONNIE A. DOLL
N01'nity l'Uul.f: — CAI.IFORN$A
PILN011,&L OFFICE IN
SAN LUl3 UIlisi+Q uLYUN 1 r ;
My Cornmlrllon Expire lanunry :Z;, 1979
asn m unt to f uu of f ttu In �� rt f a u morn urtuer�
Signature IThle area for ofilclal notsrld ,eel}
MAIL TAX STATEMENTS AS DIRECTED ABOVE
VOL19t(�28_
t emom )
C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property conveyed
by the Grant Deed _ dated Aril 21
19 77, from Frank AnthonyBrown
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the
City Council pursuant to authority conferred by Resolution
No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002,
Official Records, Page 292, San Luis Obispo County, California,
and the Grantee consents to recordation -thereof by its duly
authorized officer or his agent.
Date: Jul 18, 1977
CI
By
ATTEST:
itzpatrick, City Clerk
END OF DOCUMENT
L YOL 1996 .4&4 282
�S t A M E R C
4 �
First American Title Insurance Company
899 PACIFIC STREET, (fro. BOX 1147) SAN LUIS 0815P0, CALIFORNIA 93401 • (AREA 805) 543-8900
-�
July 25, 1977
City of San Luis Obispo
P. 0. Box 321
San Luis Obispo, CA 93401
Attn: J. Fitzpatrick
Insurance Policy No. SLO 801650 CD Brown/City of SLO
NOTE: THIS CONTAINS IMPORTANT INFORMATION ABOUT
THE REAL ESTATE TRANSACTION YOU HAVE JUST
COMPLETED. READ IT AND RETAIN IT WITH YOUR
OTHER VALUABL=APERS PERTAINING TO THE
PROPERTY.
The new home or other real estate you have purchased is pro-
tected with a policy of title insurance issued by First American
Title Insurance Company. This is your guarantee of ownership.
We have assigned the above number to your records to assure
prompt processing of future title orders involving the property.
If you sell or obtain a loan on this property within two years,
FIRST AMERICAN TITLE WILL REDUCE THE USUAL POLICY
RATE 20 per cent.
To obtain this SAVINGS, it will be necessary for you to inform
the real estate agent and/or escrow holder handling further
transactions that such policies of title insurance as are required
should be issued by First American Title.
We appreciate the opportunity of serving you and will be glad to
assist you in any way, remembering that PROTECTION OF YOUR
PROPERTY IS OUR FIRST CONSIDERATION --- AND OURS.
S cerely,
Connie Doll
Escrow Officer
CD/eh J U L 2 61977
CITY CLEi7K
SAN LUIS OBISPO, Cf-,
0
Form No. 1084 (10173)
California Land Title AffOCIAtIon
Standard Coverage Policy Form
copyright 1973
A10E1i
C
ti y
POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
SUBJECT TO SCHEDULE BAND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE
INSURANCE COMPANY, a California corporation, herein called the Company, Insures the Insured, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated In Schedule A, and costs,
attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein:
2. Any defect in or lien or encumbrance on such title;
3. Unmarketablllty of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street
or highway If the land, in fact, abuts upon one or more such streets or highways;
and In addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that
such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage
and is based upon
a, usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in
Schedule B.
IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
131 �U
First American Title Insurance Company
eY PRESIDENT
ATTEST C/; ' ' '`^ SECRETARY
I
Form No. 10e4 — A
CLTA Sttndard Covara" hollcy
r Coswright — 1973
SCHEDULE A
Total Fee foF. Title Search, Examination
and Title Insurance $, 198.60
Amount of Insurance: $ 48,000.00 Policy No. SLO-801650 SF
A
Date of Policy: July 20, 1977 at 8:01 a.m.
1. Name of Insured:
CITY OF SAN LUIS OBISPO
2. The estate or interest referred to herein is at Date of Policy vested In:
CITY OF SAN LUIS OBISPO
3. The estate or interest in the land described in Schedule C and which is covered by this policy is:
A FEE
Form No. 1084 — B
CLTA Stantlartl Coverage Policy
Copyright — 1974
SCHEDULE B SLO-801650 SF
This policy does not insure against loss or damage, nDr against costs, attorneys' fees or expenses, any or all of which arise by
reason of the following:
Part One:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or
assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or
not shown by the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an
inspection of the I" or by making inquiry of persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records.
4. Discrepancies, conflicts In boundary lines, shortage in area, encroachments, or any other facts which a correct survey
would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof;
(c) water right's, claims or title to water.
6. Any right, title, interest, estate or easement in land beyond the lines of the area specifically described or referred to
In Schedule C, or in abutting streets, roads, avenues, allays, lanes, ways or waterways, but nothing in this paragraph
shall modify or limit the extent to which the ordinary right of an abutting owner for access to a physically open
street or highway is insured by this policy.
7. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restrict-
ing or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, cilirtensions
or location of any improvement now or hereafter erected on the lend, or prohibiting a separation in ownership or a
reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or govern-
mental regulation.
8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
in the public records.
9. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the in-
sured claimant; (b) not shown by the public records and 'not otherwise excluded from coverage but known to the
insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this
policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior
to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured
claimant; (d) attaching or created subsequent to Date of Policy; or (a) resulting in loss or damage which would not
have been sustained if the insured claimant had been a purchaser or encurnbrancer for value without knowledge.
Part Two:
1. Taxes for the fiscal year 1977-78, a lien not yet due or payable.
2. The effect if any, of a party wall as disclosed in the deed to Margaret
McAlister, et al., recorded January 3, 1922 in Book 149, page 487 of
Deeds.
FA 11
0 0
Form No. 1066.4
All Policy Form@
SCHEDULE C
SLO-801650 SF
The land referred to in this policy is situated in the State of California County
of San Luis Obispo and is described as follows:
That portion of Block 8 of the City of San Luis Obispo, in the City of
San Luis Obispo County of San Luis Obispo, State of California, according
to map recorded May 1, 1-878, in Book A, Page 168 of Maps, described
as follows:
Beginning at the Southwesterly corner of Monterey and Broad Street in
said City; thence South 53007' West along the Southerly line of said
Monterey Street, 77 feet to the northeasterly corner of the property
conveyed to Henry Abel by deed recorded April 10, 1872, in Book D Page 1
of Deeds; thence South 36°53' best along the Easterly line of the property
so conveyed, 60,02 feet to a point; thence Northeasterly 77 feet to a point
on the Westerly line of Broad Street, said point being South 36°53' East,
60 feet from the point of beginning; thence North 36°53' West along said
Westerly line of Broad Street, 60 feet to the point of beginning.
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INDORSEMENT III
Attached to Policy No. SLO-801650 SF
Issued by
First American Title Insurance Company
The Company, recognizing the current effect of Inflation on real property valuation and intending to provide additional
monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said
Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to
the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12;01 a. m. on the first January 1 which
occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorse-
ment is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maxi-
mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the
terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce
Composite Construction Cost Index (base period 1967) for the month of September immediately preceding ex-
ceeds such Index for the month of September one year earlier; provided, however, that the max Imum amount of
Insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less
the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, re-
duces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for
years in which there Is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be
deemed to be the amount which is in force as of the date on which the Insured claimant first learned of the
assertion or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of
such claim, whichever shall first occur.
Nothing herein contained shall be construed as extending or changing the effective date of said Policy.
This indorsement is made a part of said Policy and Is subject to the schedules, conditions and stipulations therein, except
as modified by the provisions hereof.
�GI 'V
First American Title Insurance Company
By PRESIDENTBY
4*��iyy
ASSISTANT SECRETARY _
Larry Leppard
NOTE: In connection with a future application for title insurance covering sold land, reissue credit on premium charges
(if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy.
FA — 11 19-30.74)
Owner Inflation
rcr,V 'zimerictitt 1 itte uutjipurly
. San —L.u.,.SCALIFOHNIA • 7eLrPHONL
ESCROW INSTRUCTIONS
BUYER
ESCROW SUMMARY
PAID OUTSIDE ESCROW $
CASH THROUGH ESCROW ❑ C�
ENCUMBRANCE OF RECORD
ENCUMBRANCE OF RECORD
Order Number SLO 801650 SF PURCHASEMCNEYENCUMB.
Date April 14, 1977 ITOTAL CONSIDERATION 14
To FIRST AMERICAN TITLE NSURANCE COMPANY
I hereby agree to purchase the hereinafter described property for a total co"Ideration of $ 48,000.00
and will on or before " May- 21, 1977 - - - - bend you said consideration which is payable as follows:
Buyer shall deposit cash in the amount of $46,00.00 prior to the close'of escrow;
thus making the total consideration of $48,000.00.
I will deliver to you any additional funds and execute any instruments which are necessary to comply with the
1• terms hereof, all of which you may use when you hold for me a deed executed by
FRANK ANTHONY-BROWN by deed dated May 17, 1976;
and when you can Issue your standard coverage form policy of UUe Insurance with liability of $ 48, 000.00
on the following described property situated In the City of San Luis Obispo - - - - - - - - - -
County of "San Luis Obispo .- - - - - - - , State of CalUornia,
tentatively described as: The Northwesterly one-half of that portion of Block
8 of the City'of San Luis Obispo, in the City of San Luis Obispo, County of San
Luis Obispo, State of California, according.to the official map of said City on.,
file in'the office of the County Recorder of said County........
(.•exact.legal description to follow .through escrow, to be approved by Buyer and
.Seller)
showing Utle vested In CITY OF SAN LUIS OBISPO - - - - - -
free of encumbrances except:
I. ALL- - - - - - General and special taxes for flscalyear 1977 -1978, a lien not yet payable.
2. Assessments and/or Bonds, None, any which might appear shall be eliminated by Buyer.
3. Covenants, conditions, restrictions, rights of way, easements and reservations of record, if any.
4XXft(X:(X#K
Buyer and Seller shall share equally in the cost of preparing a minor subdivision
survey'to be submitted into escrow and paid through escrow'.
Buyer and Seller shall cause the submission to escrow of a description of a 12 foot,
easement to be reserved over the westerly portion of the property to be conveyed.
4Q %
ESCROW INSTRUCTIONS -"'PagttZ - Order Number SLO 801650 SF April 14, 1977
`ALA COSTS OF THIS ESCROW TO BE PAID BY THE BUYER, ANDW ESTIMATED AS FOLLOWS:
Escrow Fee $141.50 Drawing Deed 5.00
Title Policy Fee $198.60 Recording 15.00
Transfer Tax $52 80
%� ' •Prorate and/or adjust the following as of Close of Es cr oW
1. Taxes based on the amount of tltt lilt lax stalemmnt of the Tax Collector issued prior to the close of escrow. {If the • .
amount=•of the new tax bill issued by the Tax Collector after close of escrow is more or loss than Ilia amount used for
proration purposes; the difference, if any, will be adjusted by the parties herein outside or escrow.) YES
t 2: Insurance (including FHA mortgago insurance, if any). Not applicable
3. Into rest on all encumbrances, oxcepI ors any improvemen I assessutenls or bonds. Not a p p I i cabI e
4. Rental par rent statement bonded you. Not applicable
5, "Charge the buyer and credit the seller the antounf of any funds held in an impound uecuum, if any, iri connection
with an existing loan," Not applicable
You are to Ilaid for me shares of water stock of tite
Company,
hereby agree to pay any charges including usual buyers escrow fee and any advancos and expenses that aro properly chargeable
to me regardless of the consummation of. this escrow. At Ilia close of escrow you are to mail all documents, etc„ to tin
?C"ons oniItled thtrcto,
GENERAL' PROVISIONS
All disbursements shall be made by your attack. All funds received in this escrow shall be deposited in one or more of your gcn-
"al escrow accounts with any bank doing business in tite State of California and may be irunsforrcd to any other general escrow
account or accounts. Tile expression "close of escrow" means llie data un which him;mments referred to herein are filed for
record. All adjustments are to be made on the basis of a 30-duy tnonth. Recordation of anydnstrumenis dellveied through this
escrow, if necessary or proper hi Ilia issoaitoe of a policy of IIIle Insurance called Fur, is Itereby auIIiorized. Execute on be])alr of
the part icy hereto, folnl assignments of httercal in any insurance politics (other than title lowrance) called for herein and
forward them upon close ofescrow to the agent wlth the request, first, that Insurer consent to such transfer or attach loss payable
clause or make such otlior-gddiIiors or cur recIions as may have been specif Icat ly required lie rcin, and socond, 1IIaI the agent
thereafter forward such policies to lire patties entitled to them. In all seta tit this escrow relating iu fire insurance, including ad-
justmenks, if -any, you shall •ba .Fully protected in assuming that each, such palley is in force- and that IIta necessary premium
=_�Adrefor' Eel been paid.
".You are' in furnish a copy of these instructions, attsondnients thereto; closing siutements and/or any other documents deposited
in this escrow to the lender or londers, the real estate broker or brokors and/or the atLorney or attorneys involved in this trans.
' action upon request of such lenders, brokers or attorneys.
Should you before or after close of escrow receive or become aware, or any connicting demands or claims with rospoct to this
•,ascrow or tine rights of any of the parties hereto, or any money or property deposited herein us affected hereby, you shali have
a right to discontinue any or all further acts an your part until such conflict is resolved to your satisfacowl and you shall
have the further right to commence or defend any action or proceedings for the do termination of such conflict. The parties €mere-
tojointly and severally agree la pay all costs, damages, judgments and ex Ponso$, Including reasonable aitomeys' fees, suffered
or Incurred by you in connection with, or uiislog out of this osc row, including, but witls*it t )lilt Itirig Ili generality of llio to to.
:going, a suit in interpleader brought by you. In tilt event you file a suit in Interplcader, you shall ipso facto be fully released and
discharged from all ubligations imposed upon you in this escrow.
If for any reason funds are retained or remain in escrow, you arc to deduct ticrefroni a reasonable monthly charge as custodiaat
thereof of not less than i 10.00 per month.
Time is declared to be Lhe'essonce of these instructions. Ifyou are unable to comply within site time specified herein and such
addiIIunal lime as is required to make an ex an, inaIfon of the oMeial rccord s, you will rcIam idl docks nacnts, money or properly
to the party entitled Cho reto upon satisfactory written demand and all I hurizal ion. Any ainend mcnt of and/or supplo icitI to dily
instructions must be In writing. The seller agrees to sell and the buyer agrees tQ buy ilia property herein dcscrlbcd upon tiro
terms hereof.
These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which lndcpenderitly
shall have.the same effect as if it wort ilia original, and all of which taken together shall constitute one and the same Instruction.
Name CITY OF 5AN I IITS •,OgjeDA Address _ Phone
Name San Luis Obispo, California 93401
Att: J. Fitzpatrick
SELLER
approve of tht'faregoing instructions and agree to sell and will deliver to you ppapers, Instrtunents and/or funds rctluired from
me within the time limit specified hat in, which you are authorized to de1lveswiIan y u u con issue your policy of title insurance
as set forth above. '1 agree to pay any peraonoI properly taxes properly chargeable to me. Yoii arc iaastrue tod to use Ilie snooty
and record the instruments to comply with said instructions and I pay all citcumbrarice s of record necessary without further ap•
proval Including prepayment ponaiities to show title as herein provided. i agree to pay your usual sellers escrow fee, drawing of ,
documents and such other charges which are odvoneed fur my account regardless of Lilo consummation of Ihis escrow, I also
agree to pay the policy of title Insurance pren,Wm and recording fees which are properly chargeable to site and docuineniciry
transfer tax In the amount of S 5? 80 which you are Isislructod to enter oar tite deed and uffix your signature thereto, If
required, In the event this amount is incorrect, you are authorized and instructed to enter the correct aniount oil Ilia deed and
deduct the additional cost therefore from funds accruing to my account. In lho event imI incorrect amount is entered on the
deed and said deed is recorded, I hereby hold you harmless and agree to reimburse you for any loss you may sustain by said
aanount,being incorrect.
At the.cluse.of this transaction yuu are authorized to pay commission in the amount of S _0_
Broker's License No.
Name Address 1964,Chorr0 _ Phone 544-2050
FRANK ANTHONY BROWN San Luis Obispo, California 93401
Name
At the close of escrow you are to mail your check and any documents to which I out entitled to ilia above address.
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PURCHASE AGREEMENT
THIS AGREEMENT, made and entered into in the City of San Luis
Obispo, County of San Luis Obispo, State of California, this
day of 1977, by and between the CITY OF SAN LUIS
OBISPO, referred to herein as "City" and FRANK ANTHONY BROWN, re-
ferred to herein as "Owner".
W I T N E S S E T H:
WHEREAS, Owner has title to that certain parcel of real property
hereinafter described, and
WHEREAS, City desires to purchase said parcel of real property
for municipal purposes,
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. In consideration of the covenants, promises, and agreements
contained herein, Owner hereby agrees to sell to City and City hereby
agrees to buy that certain real property together with any improve-
ments located thereon, situate in the City of San Luis Obispo, County
of San Luis Obispo, State of California, an exact description of which
is to be submitted by the parties before close of escrow, but described
in general terms as a portion of Assessor's Parcel number 02-421-05
approximately 60 x 80 feet in size, located on the corner of Monterey
and Broad Streets in the City and County of San Luis Obispo, State of
California.
2. The purchase price to be paid by the City to Owner shall be
the sum of Forty-eight Thousand Dollars ($48,000.00), subject to the
terms and conditions hereinafter stated.
3. City agrees to deposit in escrow with the Title Insurance
and Trust Company the purchase price as follows:
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The full amount in cash within thirty (30) days
after the date on which a properly executed Grant
Deed is deposited in escrow with Title Insurance
and Trust Company conveying fee title to the City
and on condition that the City has approved the
conditions of title.
(A) Owner agrees to place an executed deed in escrow within
fifteen (15) days after the date on which escrow is opened. The
escrow shall close five (5) days after deposit of cash by City as set
forth above.
(B) This agreement constitutes escrow instructions of both
Owner and City, subject to further written instructions by mutual
consent of both parties.
4. Title shall be free and clear of all liens, encumbrances,
leases (recorded or unrecorded), easements, restrictions, rights and
conditions of record or known to Owner, other than the following,
as evidenced by Standard California Land Title Association Policy of
Title Insurance, issued at City's expense.
(A) 1. 1976-77 City and County property taxes.
2. Covenants, conditions and restrictions of record.
3. Easements of record.
5. City agrees to pay the costs of transaction tax on deed.
The Owner further agrees to pay the total amount of any and all bonds
or assessments outstanding as liens on the real property herein.
Escrow charges shall be paid by the City. If Owner fails to deliver
title as provided herein, City may, at its option, terminate this
agreement and recover any consideration paid into escrow.
6. The Owner shall pay the property taxes due as prorated at
the close of escrow. Premiums on insurance, if acceptable to City,
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and rents, interest and any other items of income or expense shall be
prorated at the close of escrow.
7. Possession shall be delivered to the City and title shall
vest in the City on close of escrow. Actual title shall vest in the
name of the City of San Luis Obispo.
8. Should the property itself or any improvements thereon be
destroyed or materially damaged prior to the closing of escrow, the
City, at its option and in conjunction with the Owner, shall prorate
any reimbursement for damages, received as a result of any insurance
clhim.
9. The Owner agrees to dedicate to City that portion of property
presently owned by him from the creek side of the existing retaining
wall to the center of the creek when and if a development is approved
for the balance of his presently owned property.
10. The parties agree that if City removes structures presently
located on the property described herein, and if such removal creates
a hazardous condition to structures on the property still owned by
Owner, City shall take at City's expense such actions as are necessary
to alleviate said hazard.
11. Should City proceed with plan to develop the property
described herein as an extension of the Mission Plaza and should
City make a demand upon Owner, Owner agrees to furnish an accurate
datum for the access doorsill and further agrees to design the foot-
ing for any structures on Owner's property so that the footing and
footing wall along the common property line will be capable of re-
ceiving future fill to be placed on a grade corresponding with the
present Broad Street sidewalk grade.
12. The parties further agree to provide over the property of
each, to the other, sufficient access to allow convenient conclusion
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of construction on the property of each, provided that no such ease-
ment shall be valid for longer than six (6) months from the date
that use of such easement begins, without the written consent of
the owner of the servient tenement.
13. Owner and City will each pay one-half (1/2) the cost of
preparing the minor subdivision survey and map which is required to
obtain a lot split, except for any portion of such work performed by
regular City employee personnel.
14. City agrees to grant an easement to Owner across the Westerly
12'feet of the herein described property for use by Owner as a ser-
vice access to Owner's contemplated structure to be located on Owner's
remaining property on condition, however, that Owner shall improve
the easement to a standard equivalent to the presently existing
Mission Plaza concrete and tile walkways.
15. The parties agree not to use this agreement as evidence in
any litigation concerning value of the subject property while title
vests in the owner. Negotiations underlying and preceding this
agreement were undertaken as an alternative to acquisition of the
subject properties by eminent domain proceedings.
16. Owner shall not encumber the property in any manner what-
soever during the term of this agreement without the City's prior
written consent.
17. Time is of the essence of this agreement.
18. Should any dispute arise from the parties hereto concerning
any of the terms or provisions of this agreement and litigation arises
therefrom, the successful party in such litigation shall be entitled
to recover reasonable attorney's fees and court costs.
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IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day and year above state.
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Approved as to form:
WENDT, MITCHELL, SI HEIMER,
de la MOTTE & LILLE
City Attorney
t
By Allen Grp
CIT OF SAN LUIS OBISPO
By:
KENNETH CHWARTZ, Mayor
ATTEST:
CITY CLERK
Approved as to content!
City Administrative Officer
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'i'.i�....lilliliifl�il citySdn luis oBispopf
+ CITY ATTORNEY'S OFFICE
Post Office Box 321 • San Luis Obispo, CA 93406. 805/543-8666
March 22, 1977
Richard D. Miller, Administrative Office
City of San Luis Obispo
Department of Community Development
990 Palm Street
P. 0. Box 321
San Luis Obispo, Ca. 93401
Re: Mission Plaza Area Property Acquisition:
Anthony Brown, Broad and Monterey
Dear Mr. Miller:
Enclosed is the Purchase Agreement signed by
Tony Brown relative to the above -entitled matter. Except
for a minor modification in Paragraph 9, the Agreement
is the same as previously approved.
Very truly yours,
A� & (!? 2: P �-, W"/,
DALE C. MITCHELL
c
DCM:pfc
Enclosure
ENDORSEMENT: Recommend that: Council pass resolution authorizing
Mayor to sign agxeeinent:, negotiations having been undertaken by
Mitchell, Miller and Ro:xiero per Council direction February 16, 1977.
DATE OPENED YOUR TITLE 0 9
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�g.t AMERIc
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THANK YOU!
WE SINCERELY APPRECIATE THE OPPORTUNITY TO SERVE YOU. YOUR
ORDER FOR TITLE WORK 13 RECEIVING OUR PROMPT AND VARRFUL ATTEN-
TION. WHEN WE CAN OE OF FURTHER SERVICE TO YOU DO NOT HESITATE
TO CONTACT US.
First American Title Insurance Company
899 PACIFIC STREET • P.O. 90X 1147 • SAN LUIS OBISPO, CALIFORNIA 93401 • 543-8900
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July 21, 1977
First American Title Insurance Company
899 PACIFIC STREET, (P.O. BOX 1147) SAN LUIS OBISPO, CALIFORNIA 93401 • (AREA 805) 543.8900
City of San Luis Obispo-
P. 0. Boo 321
San Luis Obispo, CA 93401
Attn: J. Fitzpatrick
Our order No. SLID 801650 CD Brown/City of San Luis Obispo
We have completed the above numbered escrow in accordance with your instructions.
Your recorded Deed will be mailed to you by the County Recorder within a short time.
In the event your deed was recorded after the first Monday in March, we suggest that
you list your property with the County Assessor in order that you may receive future
tax bills promptly. First installment of taxes becomes delinquent on December 10
and the second installment on April 10.
The following fire insurance is being transferred to your name and will be mailed
directly by the insurance agent ( ) to the holder of the first loan on your property,
( ) to you.
Policy No: Company Agent Amount Expiration
We enclose the following items:
XX Escrow Statement showing receipts and disbursements
— Check for balance due you per escrow statement, $ 44.78
Copy of Note in the amount of $
Tax Bill for
IPiret American Title Insurance Company policy of Title Insurance issued under
the above number. If you have placed a new loan on this property, the original
Title Policy is to be held by the Lander and a copy of said Policy is enclosed
for your convenience. In Ruch a case, the Lender will auppl'you ii�t s payment
book and any information to which you are entitled. * to foll�4w
R Receipt
The following information is in connection with any loans of record:
Holder:
extra
Unpaid balance $ , payment $ , interest included at
Next payment due
Holder:
extra
Unpaid balance $
payment $ , interest included at
Next payment due
We trust this transaction has been handled to your entire satisfaction, and that we
may have the pleasure of serving you again in the very near future.
N
'ely,
4�j A�4
Connie Doll
Escrow Officer
CD/eh
2037 (6/65)