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HomeMy WebLinkAboutD-1043 So. Higuera St. Recorded 05/23/1979r` Recording Requested by and when recorded mail to: CITY CLERK'S OFFICE City of San Luis Obispo P.O. Box 321 San Li; is Obispo, CA V401 tax stz-cements to: GIFT DEED .50217 DOC. NO. OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL N OV 4 1980 W.I.WAM E. ZIMARIK C01JNTY RECORDER TIME t 1 ; ® 0 P It is the intention of Grantors hereinafter mentioned that said property hereinafter mentioned forever re.main in its natural state, and forever be open Space, and that no buildings or structures of any kind be erected, thereon. EDISON A. DRENCH and FRANCES A. FRENCH, (hereinafter "Grantors ") hereby, for and as a gift, release, convey and quitclaim, to the City of San Luis Obispo, (hereinafter "Grantee ") the following real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described in Exhibit "A" attached hereto and incorporated by reference, to its heirs or assigns, upon the condition that the above described property forever remain in its natural state, and forever be and remain open space, and that no buildings or structures of any kind be erected thereon. It being expressly understood and agreed by and between Grantors and Grantee, that in case Grantee ceases to use the above - described property, as and in the manner and for the uses and purposes, and with the limitations and upon the conditions hereinabove set forth, that then and in that case the property TT f 1 1 �l herein before conveyed shall revert to and become the property of Grantors, their heirs, executors, administrators or assigns. IN WITNESS WHEREOF, this Gift Deed has been executed. Dated: Z 7,, STATE OF CALIFORNIA .0 COUNTY OF San T,» i _ Qh i spo } SS. I On Cc�nh $_ � J before me, rn the undersigned, a Notary Public in and for said County and State, personally appeared Charles E. French _ V v known to me to be the person_ whose name is r su spribed to the within instrument, as the Attorney_ in fact of c�ison A. French and Frances nch Cknowled ed to me that he subscribed the name adaison �A. French & Frances A'ren�Ch °- o t ere to s principal_ and h1S own na as .attorney_ in fact. c } Signature m Z�� y Bever B Name: (Typed or Printed) d for said County and State EDISON A. FRENCH' FRANCES A. FRENCH FOR NOTARY SEAL OR STAMP VCI. 22"82PAkcE BEVERLY B. JAMES 0�13- SS „ �:1L1rOr,,t,A MY Commission Expires April 9, 1982 VCI. 22"82PAkcE FXHIBTT A PARCEL 1: The Southwest quarter of Section 27, Township 30 South, Rang partly inside and partly outside of County of San Luis Obispo, State of official plat of the survey of said General. the Southeast quarter of e 12 East, Mount Diablo Meridian, the City of'San Luis Obispo, California, according to the lands approved by the Surveyor Excepting therefrom one -half of all minerals, mineral substances, oil and gas of every sort and description within and under said land, as reserved by O. Wesley Baker and Lola S. Baker, husband and wife, in deed recorded August 28, 1952 in Book 673, at page 186 of Official Records. Also excepting therefrom that portion-conveyed to C. A. Maino and May R. Maino, husband and wife, as Joint Tenants, in deed recorded January 4, 1956 in Book 831, at page 253 of Official Records. PARCEL 2: An easement for ingress, egress and.public utilities over and across the existing road located on that portion of the Southeast quarter of the Southeast quarter of Section 27, Township 30 South, Range 12 East, Mount Diablo Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, remaining in the name of the Trustors herein. PARCEL 3: That the portion of the north half of the southeast quarter of Section 27, Township 30 South, Range 12 East, Mount Diablo Meridian, partly in the city of San Luis Obispo, according to the official plat of the survey of said land on file in the Bureau of Land Management, described as follows: Beginning at the southwest corner of the northwest quarter of the southeast quarter of said section; thence North 891 49' East 1270.21 feet to the southwest corner of the land conveyed to John B. Nelson, et ux. by deed recorded March 23, 1948 in book 471, page 404, Official Records; thence North 150 00' West along the southwesterly line of the land conveyed by said deed, 668.62 feet to the southwesterly corner of the land conveyed to O. E. Northey by deed recorded April 6, 1925 in book 1, page 305, Official Records; thence North 39° 42' West along the southwesterly line of the land thereby conveyed 166.11 feet; thence South 760 29' West 1030.65 feet to a point in the centerline of said section; thence South 11 11' East along said centerline 536.80 feet to the point of beginning. Said parcel is also shown on a licensed surveyor's map of survey recorded March 1, 1956 in book 7, page 121 of Record of Surveys in the office of the county recorder of said county. VOL 2282N.GF 523 7_ 069q7g23 D00000.00"APICP y, RECORDING REQUESTED BNO City of San Luis Obispo DOC.:C - OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL WHEN RECORDED MAIL TO I City Clerk Box 321 pop MAIL TAX RATEMENTS TO Neese shat Address City a State L ❑ UNINCORPORATED ® CITY OF San Luis 0 MAY 23 1979 WILLIAM E. ZIMARIK COUNTY RECORDERR.- rME 4 9 05 PM SPACE ABOVE THIS LINE FOR RECORDER'S USE Documentary transfer tax $_________________ ❑ computed on full value of property conveyed, ❑ or computed on full value less liens and en- cumbrances remaining at time of sale. Signature of Declarant or Agent determining tax. Firm Name Corporation Grant Deed Twts sOEM 510NIIIN10 BY THE CLIMA TITLE GUARANTY COMPANY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. SAN LUIS MILL AND LUMBER CO., INC. 2_ -7.._ 4- V6 9 / 22 a corporation organized under the laws of the state of California hereby GRANTS to the CITY OF SAN LUIS OBISPO, a chartered municipal corporation, as Grantee the following described real property in the City of San Luis Obispo county of San Luis Obispo state of California: The easterly 20 feet of Lots 5, 6, and 7 and the easterly 20 feet of the southerly 49 feet of Lot 4 (as measured at right angles to the easterly line of said lots) of Block 147 Harford Addition to the City of San Luis Obispo, as shown in Map Book A, at Page 123, in the Office of the San Luis Obispo County Recorder. Except the southerly 28 feet of the northerly 36 feet (occupied by existing structure) of the above described property, and Except the southerly 40 feet of the northerly 107 feet (occupied by existing structure) of the above described property, as shown on attached Exhibit A. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its President and Vice President 36 } thereunto duly authorized. SAN LUIS MILL & LUMBER CO. INC. Dated: April 27, 1979 STATE OF CALIFORNIA COUNTY OF San Luis Obispo } SS. On April 270 1979 before me, the under- signed, a Notary Public in and for said County and State, personally appeared Rai Alan Parsnnc ,known to me to be the president, and Gerard T.- Pars V i r,- Prpqi6pnt known to me to be XtK4XRthe Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the Corporation therein named, and acknowledged to me that such Corporation executed the within Instru- ment pursuant to its by -laws or a resolution of its board of directors. WITNESS my Land and official se RI:T; C. CC NOTA27 PUf (Seal) s '«��- rrrrf —rraT By r President C;7 C7 Vice 'Pres•i -den -t By €try (This area for official notarial seal) le Order No. Ruth C. @o (AUFORRIA Name (Ty d dtlt}Pfaim0sion Expires June 22, 980 E crow or Loan No Notary Public in and for sal ounty an tate L-6 MAIL TAX STATEMENTS AS DIRECTED ABOVE�1,04u3 �q 6. ►.WOL215U PAGE 21 v yn y n v � A L 1 A lot �r �O r d � n y v � S yn RE �CERS , ry., . or 10 V'd N I" 'JWArISFACroV%l V� �4 VI LA Nz°na� C, \A \A rL L Yoe 2156 PAGE 622 Goo tlu rl • • • 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 Corporation Grant Deed dated April 27, 1979, from San Luis Mill and Lumber Co., Inc. 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: May 17, 1979 ATTEST:. . Fitzpatrick, City Clerk CITY Ok' ShN LUIS OBISPO ynn R. Cooper, :t va�2156 PAGE 623 END OF DOCUMENT - AGREEMENT THIS AGREEMENT made and entered into this 15th day of May _�` , 1979, . by and between San Luis Mill and Lumber, Inc. (hereinafter called "Grantor "), and the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter called "City "). WITNESSETH: .In consideration of the mutual benefits, promises and agreements set forth herein, the parties hereto agree as follows: 1. Grantor -shall convey to the City 1360 square feet (0.031 acre), more or less, lying along South Higuera Street as described and delineated on the attached 'copy of the grant deed consisting of 2 pages. Said land is occupied by portions of an existing mill building and an office building. 2. City agrees to remove existing curb, gutter and sidewalk and to install new curb, gutter and sidewalk at the new street alignment created by the conveyance when funds become available. 3. City agrees to pay Grantor,Sixty- Thousand- Three - Hundred Dollars ($60,300.00) as total compensation for subject land and improvements. 4. Grantor agrees to remove the entire - existing office building from the site and the front of existing mill building within said conveyed area within 180 days of the above date. Grantor may utilize a zero - setback for said mill building at the new right -of -way line and shall not be subject to upgrading,the remainder.of said building to meet current code requirements. However, if the mill building is subsequently removed, destroyed or becomes involved in a substantial change of use or remodel other than that required to accommodate this widening, usual conditions of approval, including setback, shall be required. 5. City will provide all necessary engineering, relocate utilities and drainage improvements as necessary, and pave out the street to the new gutter. 6. Building permits now pending as a result of use permit No. 0653 for this site will be issued on or after the date first written above subject to other use permit and building permit requirements. 7. This agreement shall run with the land and shall be binding upon and shall inure to the benefit of, the heirs, assigns and all other successors in interest of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. State of California, County of San Luis Obispo:.s On April 27, 1979 before me, the undersigned, a in and for said State., personally appeared Roy Alan Parsons and Gerald L. Parsons known to to be th i ons whose names are subscribed to the withiin�inssfrument and acknowledge they execu the sam RUTH C. COOK ,y NOT.VY PUBLIC r' SA:! L.175 "- 0-3 COUNTY CA± jF0 1A My Commission Expires June 22, 1980 , ATTEST: J.H. Fitzpatrick Approved as to form: City Attorney SAN LUIS MILL &.LUMBER CO., INC. ablic . C CITY OF SAN LUIS OBISPO a mu��pal corporation R. Ctt6pEr Approved as to content: C3. y AamiRistritive Officer City En eer r RESOLUTION NO. 3850 (19 79 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND SAN LUIS MILL AND LUMBER, INC. FOR STREET WIDENING ON HIGUERA STREET. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and San Luis Mill and Lumber, Inc. for street widening on Higuera Street, is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: San Luis Mill and .Lumber, Inc., and the City Engineer. On motion of Councilman Bond seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmembers Bond, Dunin, Jorgensen and Mayor Cooper NOES: None ABSENT: Councilwoman Billig the foregoing Resolution was passed and adopted this 15th day of May 1979 Mayor ATTEST: s1J.H. FITZPATRICK City Clerk slLYit N R. COOPER R 3850 Resolution No. 385 (1979 Series) ' Approved as to form: Approved as to content: City Attorney City.A nistr five Officer Cit Engineer' July 23, 1980 IM40RAIiDLR4 1 city of sAn luis oBispo CITY CLERK /TREASURER Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000 TO Wayne A. Peterson, City Engineer FROM J.H. Fitzpatric�City Clerk SUBJECT Correction of Deed (2nd Request) Attached are photo copies of two deeds granting property to the City of San Luis Obispo from the San Luis Mill and Lumber Co., Inc. Both deeds have been recorded but have not been changed in the County Assessors' Records as they are in error. Both deeds show the grantor as the San Luis Mill and Lumber Co., Inc. According to the official records of the County this entity does not hold title to the property. Title to the properties are as follows: A.P. No. 3- 711 -05 Parsons, Ivy A.P. No. 3- 711 -20 Parsons, Ivy Galley, Althea Parsons, Gerard L. Parsons, Roy A. Tiffany, Adel Parsons, Geraldine T. Parsons, Gary D. A.P. No. 3- 711 -21 San Luis Mill and Lumber Parsons, Ivy Parsons, Gerard L. Parsons, Roy A. A.P. No. 3- 711 -22 Parsons, Ivy Galley, Althea Parsons, Gerard. L. Parsons, Roy A. Tiffany, Adel Parsons, Geraldine T. Parsons, Gary D. Wayne A. Peterson July 23, 1980 Page 2 The County Assessors staff stated that they will make the "cuts" as described in the deeds but will put both parcels resulting from the cuts in the recorded owners name, not the city's. We would appreciate receiving corrected. deeds so the transfers can be made. If I can be of help, let me know what I can do. JHF:pv cc: CAO Attorney • Attachments