HomeMy WebLinkAboutD-1435 002,482,026 Apn Mathews Property Recorded 12/22/1995RECbRDING REQUESTED BY:
Cuesta Title Guaranty Company
AND WHEN RECORDED MAIL
TOGETHER WITH TAX STATEMENTS TO:
The City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401 -3208
Doc No: 1995 - 059273
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Dec 22, 1995
Time: 08:00
j
L 5]
Rec No: 00065736
SLO 973.50
NF 0.00
,
,
,
,TOTAL 973.50
SPACE ABOVE THIS LINE FOR RECORDERS USE
Assessor's Parcel No.002,482,026 GRANT DEED
FEE PAIp! EXEMPT STATE
CIF
The undersigned grantors declare: Documentary transfer tax is $973.50 STATE
(X) computed on full value of the interest of property conveyed, or
( ) computed on the full value less the value of liens or
encumbrances remaining thereon at the time of sale.
(; Unincorporated area 1XCity of San Luis Obisoo, AND
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
FOR GRANTORS SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF
hereby GRANT(s) to:
THE CITY OF SAN LUIS OBISPO, a California Charter Municipal Corporation
that certain real property in the County of San Luis Obispo, State of California, described as follows: FOR LEGAL
DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Mar-k,
Dated: November 27 1995
vv-
Mat ew . Mack Administrative Trustee Barbara J. Math , Trustee
Lloyd L. Mathews, Trustee loyd rence Mathews
S•rATE OF CALIFORNIA )
SS
COUNTY OF UL r-L T UP-0 )
On NOU $0, 1 995 , before me, ✓• IM . M A i2S /-f i4LL , a Notary Public in and
for said state, personally appeared H A -r T- H E t-3 i3 . M #F LK
personally known to me ( ^� -= m^ ^ +�,o ti ^�:� ^f ��ticfartnry avirlanrs>> to be the person(&) whose name(s1
is /are subscribed to the within instrument and acknowledged to me that he / executed the same in his /1-er1ZhAi;
authorized capacity(+es), and that by his/ha4## & signature(-) on the instrument the person(-), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and
V. M. MARSHALL
x ; comm. # 1001563 z Signature
z ®~ 1 Notary Public — California D
VENTURA COUNTY
Title Order No. 61844 My Comm. Expires AUG 19. 1997 Escrow No. SL- 61844 -PBG
MAIL TAX STATEMENTS} PARTY SHOWN, MAIL AS DIRECTED ABOVE.
Cuesta Form (4.95)
733 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA 93406
P.O. BOX 1265, SAN LUIS OBISPO, CA. 93406
(805) 544 -1860 a FAX: (805) 541 -1769
r`
EXHIBIT "A"
THAT PORTION OF BLOCK 61 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, 1878 IN BOOK A,
PAGE 168 OF MAPS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF HIGUERA STREET, SAID
POINT BEING 412 FEET NORTHERLY FROM THE INTERSECTION OF THE
WESTERLY LINE OF HIGUERA STREET WITH THE NORTHERLY LINE OF HIGH
STREET, IF THE SAME WERE PRODUCED ACROSS'HIGUERA STREET, AND
BEING THE SOUTHEASTERLY CORNER OF THE LOT CONVEYED TO W.W.
MATHEWS, ET UX., BY DEED RECORDED AUGUST -30, 1937 IN BOOK 221,
PAGE 413 OF OFFICIAL RECORDS;
RUNNING THENCE NORTH 8 015' EAST ALONG THE WESTERLY LINE OF
HIGUERA STREET 290 FEET 10 INCHES TO THE SOUTHEASTERLY CORNER OF
THE PROPERTY CONVEYED TO EVERETT S. LITCHFIELD, ET UX., BY DEED
RECORDED JUNE 3, 1959 IN BOOK 1004, PAGE 370 OF OFFICIAL RECORDS;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY SO
CONVEYED, TO THE CENTER OF SAN LUIS OBISPO CREEK;
THENCE SOUTHERLY DOWN THE CENTER OF SAID CREEK TO THE
SOUTHWESTERLY CORNER OF THE LOT CONVEYED TO SAID W.W. MATHEWS;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY SO
CONVEYED TO THE POINT OF BEGINNING.
END OF LEGAL DESCRIPTION
EXHIBIT "B"
LLOYD MATHEWS AND BARBARA J. MATHEWS, TRUSTEES,
OR SUCCESSOR TRUSTEE(3) OF THE L.L. AND B.J. MATHEWS
REVOCABLE TRUST, ESTABLISHED ON JULY 20, 1987
AND
LLOYD MATHEWS, BY DECREE OF DISTRIBUTION,
SAN LUIS OBISPO COUNTY SUPERIOR COURT, CASE NO. 18926,
A CERTIFIED COPY.OF WHICH RECORDED AUGUST 11, 1983
IN BOOK 2511, PAGE 421 OF OFFICIAL RECORDS
AND
LLOYD LAWRENCE MATHEWS, BY DECREE OF DISTRIBUTION,
SAN LUIS OBISPO COUNTY SUPERIOR COURT, CASE NO. 7307,
A CERTIFIED COPY OF WHICH RECORDED DECEMBER 5, 1952
IN BOOK 687, PAGE 369 OF OFFICIAL RECORDS;
AMENDED ORDER RECORDED JULY 20, 1953 IN BOOK 718,
PAGE 369 OF OFFICIAL RECORDS; AND SECOND AMENDED ORDER
RECORDED FEBRUARY 7, 1955 IN BOOK-790,
PAGE 567 OF OFFICIAL RECORDS
AND
MATTHEW B. MACK, ADMINISTRATIVE TRUSTEE,
OF THE L.L. AND B.J. MATHEWS CHARITABLE REMAINDER
ANNUITY TRUST ESTABLISHED ON APRIL 7, 1995
..
STATE OF CALIF IA
COUNTY OF
On / I `' l�
before me, 2�/DZ.4n/�
a Notary Public in,and for said State,, personally appeared
personally known to me (or 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.
WITNESS my hand and official seal.
',,E„ o,, P.B. GIOVANNELLI h
N s Comm. #996113
Notary Public - a
a - N
"' a•,1�. California N
saw
4V9gN'• LUIS OBISPO COUNTY
My rn^ Expires May 31 1997
Signature
(This area for official notarial seal)
STATE OF CALIFORNIA
COUNTY OF
On
before me,
a Notary Public in and for said State, personally appeared
personally known to me (or 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.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
uwm�ll�l,ltlll'
A �,n l�11S oBiS
�; I Illlll�'
III, ��II CltyO� .ao.,,oa.=_.w.Ob,po, CA 93403-8100
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the GRANT DEED dated
November 27, 1995, from Matthew B. Mack, Llovd L. Mathews, Barbara J. Mathews, and Lloyd
Lawrence Mathews 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. 5370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official
Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation
thereof by its duly authorized officer or his agent.
Date: December 21, 1995
+' Up
if
f 01
k
CITY OF SAN LUIS OBISPO
By I'A _XL�
Do 'e Williams, Vice Mayor
oThe City of San Luis Obispo is committed to including the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781 -7410.
SND OF DOCUMENT
CLTA STANDARD COVERAGE POLICY - 1990
POLICY OF TITLE INSURANCE ISSUED BY
S T EWART TITLE
GUARANTY COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE BAND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not
exceeding the Amount of Insurance stated in Schedule`A, sustained or -incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherthan-as stated therein;
2. Any defect in or lien or encumbrance on the title;
1'
3. Unmarketability of the title;
4. Lack of a right of access to and from the land;,
and in addition, as to an insured lender only:
5. The invalidity or unenforceability of the lien of the insured mortgage upon the title;
6. The 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;
7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown
in Schedule B, or the failure of the assignment shown in Schedule'B to vest title to the insured mortgage in the
named insured assignee free and clear of all liens.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the
insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations.
Signed under seal for the Company, but this Policy is to be valid only when it bears an authorized countersignature.
CUESTA TITLE GUARANTY
SAN LUIS OBISPO, CA
City, State
151 (Rev. 1-19-91)
Sunnii� ,!% C'orurrtri
PEWART TITLE
GUARANTY COMPANY
(E Gty �
WQ;`r�pRPOg4rF%,�`
19 0 8 •.o
NoCNJP-1597-296196
00011. woaov�
President
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al;!; ay; of asoanpo w!op o spasso Apod po!yt Auo pp1 u014061111 w paonsui
yons to asualap ayt o0i ap!Aood lloyf'Aolap algam /ynoy;!m puo;so) umo
s;! 4a 'Auadwo:) ay; 'suo!;olnd!;S puo suo!i!puoD asayy to 9 uo!pas w pau!o;uo)
suo!;do ayt o; palgns puo paonsu! 'uo Aq ;sanbao ua{yum uodn (o)
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aq Iloys Auodwo:) ayt ssalun b!lod sly; oapun pamsu! Auo to s;46u ay; a)!pnlajd
aso) ou u! goys Auodwo:) ay; Ai!tou oy aml!04 J041 '1anam04 'pap!Aoid .'pao!nbao
sl a:i!tou tdwood y)!ym iol soapow io lat;DW ay o; poo6ao yy!m ayowwat
lloys Auodwo) ayy to A+'.l!goll Ilo paonsui toy; o; so uayy 'Auodwo) ayy o; uaAl6
aq you Iloys a0!;ou;dwojd }l •algoiaspowun so papalao sl 'pamsw so 'a6o6pow
pamsw ay; jo ua!l ayy jo tsaiayui jo ayoisa ayy 04 al;µ i! (!!!) J0 'b!lod sly;
to anp!A Aq algo!l aq Aow Auodwo) ayi 43!ym ooi a6owop oo ssol asno) t46tw
y3l4m puo 'pamsu! so 'a6o6pow pamsui ay; la ua!l ay uo;saoa;u! oo atoysa ay;
0; alt'!; ayy oy asoanpo si yngm;saoa;w oo al;!y to w!op Auo to oapunaoay pamsw
UO o; awo) lloys a6palmoul aso) w (u) 'molaq (o)q w ypol tas so uo!yo6!;!1
Auo jo aso) w (!) Bu!ium u! A(ltdwoid AuodwoD ay; Alyou goys pamsu! uy
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•A;uojon6
0o pooyuo) a3uoonsw s;i jo uo!pois!yos u!;saoa;u! oo aro;sa ay jo uo!;!s!nb)o ay;
u!';UDWIOh pamsui ay; s! A;go;uawno;su! ay jo Am a Bo ayy i! 'A;!lo;uawno;su!
Io4
u0wuoan06 oa bua6o lo4uawuoano6 Auo Aq p!od ;unowo ayl (n!)
io.'apow s;uawAod llo io;unowo ayy
Aq pa0npaj inq 's;uawaeojdw! to U0140JO11940p tuanajd o; popuadxa syunowo
algouosoao puo Agaoayt paimas puo puoI ay; uj ysaoatui oo atoysa ay; to uo!t
•! to aw!; ay of joud ab6pow pamsw ay jo ua!l ayy pa;ad o; oo smol
y;!m a3uo!ldwo) amsso of a6o6pow pamsw ay o; yuonsmd paDuonpo syunowo
'amsopaooi to sasuadxa 'uoaoay;;saja;u! 'bgod to a;o0 io so a6o6pow pamsu!
ay Aq pampas ssaupatgapui ay to lodpuud ayi to ;unowo ayj (!!)
'y alnpa43S ui payors a3UDinsul to tunowo ayj (!)
:jo ysoal
ay paa)xa ;uana jay;!au u! )lot's japual pamsw uo Aq awoAanuw ay oaylo
00 uo!i!s!nb)o ay oa;lo amoonsw to;unowo ay j •a3uumsul to iunowV (i)
•pamsu! uo o; uaA!6 96o6pow Aauow asoy3md o Aq paimas
ssaupatgapu! uo (u) jo 'puol ay; w isaiatui jo atoysa uo (!) ,ay;!a i0 pamsui
ua wool oasoy3ond Auo to Jonol uj a3iol w anu!4uo3lou )lot's b!lod s!y j •;saia;ui
io atoysa ay; jo awoAaeu03 oo iaisuoo; Auo ui paonsu! ayy Aq apow Ayu0000m
10 64uDU9AO) to uosoaJ Aq 14ygoy aAoy goys pamsui ay so 6uol os Aluo jo
'pamsui ayy wwi jasoy)md 0 Aq uanlB 96o6pow AaUOW asoy3md o Aq paimas
ssaupatgapu! uo sploy 10 'puol ay u! ysaoayui jo a;oisa uo su!oyao pa,nsui ay;
so 6uol os Aluo pamsw uo to Jonol ul b!lod to ay04 to so a)ooi ul anu!003 goys
byod s!y; to a600aAoi ayj •pamsul uo Aq ali!1 jo awnAanuO:) J041V (q)
•a6o6pow paonsw
ay; Aq paimas ssaupatgapw ay 6waa;u000n6 0o 6uunsw A4uojon6 jo momsu!
jo poo4uo3 o of wonsmd;saja;u! jo atotso ay jo pad Auo jo to sa,!nb3o y)!ym
Ay!lo;uawnoysw l0;uawwano6 0o buaBo loyuawwano6 4110 �o!) puo'spamsu!
oossaDapaod �(uo ;su!o6o aAoy Aow AuodwoD aysasualap io s4y6u Auo oy
palgns 'asoy)ond Aq you puo mol to uo!tooado Aq soossamns ay000doo) o!ayi puo
uo!tojodiw pamsw ay4t }o Aoo!p!sgns paumo-Alloyym oo walod ay s! aajaisuo„
aypap!Aoid 'uoµojodjo3 pamsw uo war pannbDO os ysaiaiui jo ayo;sa ay
to aajalsuo,t o (n) 'a6o6pow pamsui ay to ua!l ay sa6ioyas!p 43!ym oauuow
InBal oat';o io 'aonio nail u! a3UoA8AU03 'alos s aa;snoy 'amsopaooi
Aq puol ay; w ;sag%W3110d
loge ay; l0 pod Auo 0o IID saomb�o oym oapual
paonsw gins (!) to Co10 a;od }o so a»o} ul anw;uoa lloys bilod s!yy
10 aBWano3 ay; 'a6o6pow paonsut ay kq paimas ssaupaygapu! ay }o jaumo
jo
bgod sly; ll tapual pamµ11 su) Aq ajo uol;!s!nbbod AaifV (o)
-30NMSNI 10 NOlivnNI1NO3 'Z
'a 14!4 alIgo;aljow io AoaA!lap ay; 6uu!nbai uo!t!puo) lonpoo;uo3
o to anp!A Aq asoy0ond o; uo!;o6!lgo ayt wool pasoalao aq o; a6o6pow pamsu)
ayy oo y alnpay)S u! paqu3sap ;saoa;w oo ayo;sa ay; to iasoy»nd o alt!yua
pinom y)!ym '96o,ano) wool patdam oo papnpxa ;ou 'puol ayy oy aµ!4 ay;
6u!paiio callow waooddo 0o pa6apo uo :,alt!; ay; jo A;!l!go;a>loowun„ (!)
•a6palmoul inoyt!m puo anloA col stasoy»nd o; Apadad
loan o; 6w4018o Sla4Ow to 87140U aA!pnoysuo) 6wpodwl jo asodmd ayy oo b110d
to ayod io sa;nto;s ato;s oapun paysygotse spio3ao�y)
•yuawnitsu!
ApJn)as oay;o 0o 'peap ;snit' ';snot' to peep '96o6pow : a6o6pow„ (6)
•,god sty; Aq pamsui st pool
ay wai puo o; ssa= i0 4y6u o y)!ym o;;uatxa ay; t!w!l jo Ai!pow Iloys u!aoay
6u!y4ou ynq 'sAomoatom oo sAom 'sauol 'Shoo 'sanuano 'spoor 's;aao;s 6u!;;ngo
u1 yuawasoa oo atoysa 'ysaoaiw 'alt!t '4y6u Auo jou 'y alnpay3S w o; paooalao
oo paquasap oaoo ayt to soul a pudAaq Apadoid Auo apnpui you scop
„pool woat ayj •Apadood loaf atny!ysuo) mol Aq,g3igm otaoayy pax!iip s;uaw
-aeoodm! puo 'y alnpa4DS u! oy paooaiao 0o paq!nsap pu0l ay :,,puo)„ (l)
poolI ayy 6u!pallo sJay;ow to 0314ou
aA!pnotsua) podwi y)!ym spmwao oat';o Auo 0o /�!Iod s!y; u1 pau!lap so spuo)aJ
)!lgnd ay; i0 uosoao Aq pamsu! uo of paindw! aq ADW 4 Nm a�!you oo a6pa
-Imoml aA!pnJ4suo3 too 'a6palmoul lonpo :,,umou>I„ oo , a6palmousl, (a)
-y alnpayOS w pamsw uo so pawou si y)!ym
to oaumo ay; 'g alnpay i; u! umoys a6o6pow o :, a6o6pow pamsw ( )
•a6bo6pow pamsut uo to jaumo ay; :, japual pamsu!:: r3)
aBowop oo ssol 6ww!o13 pamsw uo :,,;uowop pamsu!„ (q)
•suo!yolnd!yS
puo suo!y!puoD asayy to (o)Z uo!paS w pa;ou6!sap sa!pod ay (u!)
'tou oo u!aoay pamsui uo so pawou oayyagm '}oajayy
pod Auo oro 'a6o6pow pamsu! ay; Aq paimas ssaupatgapu! ay 6u!a94u000n6
jo 6uunsu! A;uouonB jo pojyuo) wuomsui uo iapun joyuojonB jo jamsw uo
s! y3!yM A;!lo;uawno;sui lo4uawuoano6 jo bua6o lo;uawuoanoB Auo (!)
'(puol ayy w;saoa;u! io a;otsa ay; o; alt'!; 6u!pallo so bllod s!yy Aq;su!o6o
pamsui jauow jayyo jo w!op avanpo 'a)uojgwn)ua 'ua!l 'paiap papasso
ayy jo a6palmoul ynoyt!m anloA 101 iasoy)md o so ssaupatgapui ay pannb3o
jossanns ay ssalun 'pamsui oossa3apaod uo;swo6o pot' aAoy pinom Auodwo:)
ay; ;oyy oossa»ns Auo of so sasuaiap puo s446u 110 'oanamoy 'BWAJaSa1) sunµ
-olnd!tS puo suo!;!puo) asay; io ())ZL uo!paS to SuOISIA01d ay; japun io6!lgo uo
si oym oossamns o;da3xa ssaupatgapui ay; to d!ysosumo ui oossa0ms y0oa puo
a6o6pow pamsu! aq; Aq paimas ssaupa;gapui ay; jo jaumo ay (!)
sapnpu! oslo „pamsu!„ way ayj -soos
-sa»ns Aoo!�npq oo a;000dooD oo'w110 yxau'sanlyo;uasaodao louosiad'SJOA!Ams
'saas!Aap 'saaynquys!p 'so!ay 'oy pal!w!) you ynq '6u!pnpu! asoy ind wool pays!n6.
-ugnp so mol to uolyooado Aq pamsui pawou ay; to;saoatu! ay; oy paa)ms oym
asoyy 'pamsu! pawou ay ;su!o6o pot' aAoy pinom Auodwo� aysasuaiap jo
s44511 uo of palgns 'puo 'y alnp843S w pawou pamsw ay; :,,pajnsu!„ (o)
:uoaw byod s!yy ul pasn uaym swoat 6u!molloi ayj
'SWII3110 NOI11NId30 't
SNOI1VV1di1S ONV SNOI110N0:11
nmol s;46u SJO;!pan ool!w!s J0 buaAlosw aro;s 'b;dnijuoq lojapal to uo!iwado ayt to uosoai Aq 'japual pamsui ayy to
tsaoa;w ay; 6u!toan uo!posuojy ay; oo b!lod s!yi Aq pamsui tsajayw jo atoysa ayy pamsui ay; u! 6u!ysaA uo!posuoot ay; jo ino sasuo 43!ym 'w!op Auy •q
•moI Bwpual w yyno; oo uo!patood ;!pan oawnsuo) Auo 0o Aonsn uodn pasoq si puo a6o6pow
pamsu! ayy Aq pawap!Aa uo!posuoµ ay; to yno sasuo 4314m 'loajayy w!op oo 'aBoBpow pamsw ay; jo ua!I aq; jo At!l!goa)ooluaun Jo 141p!10AUI 'S
•pa;on;!s st puol ay; y3!ym w ayoys ay; to smog ssau!snq Bu!op algonlddo ey; y;!m Aldwo� o;'sseupaygapu! ayy }o oaumo tuanbasgns
Auo }0 amigo} oo Ay!1!gow ay; oo 'bgod 10 aim ;o pamsu! ay; to aml!ol oo A;!l!gou! ay; to asmaq a6o6pow pamsu! ay; jo ua!l ay; }o g!goa3ooluauO q
%!lad s!y; Aq paonsw;saoa;w to
atoysa ay; col oo a6o6pow pamsui ey; ooi plod anloA pot' yuow!op pamsui ayt l! pau!oysns uaaq aAoy you pinom y)lym a6owop jo ssol u! 6u!4lnsao (a)
10'b110d jo atoll o;;uanbasgns payoan oo 6wyopo (p)
!;uow!op pamsui ayt oy a6owop oo ssol ou w 6u!ylnsao (3)
'b!lod Styoapun pamsui uo awo)aq ;uow!op pamsw ay; atop ayy o; ooud ;uow!op pamsu! ay; Aq Auodwo:) ay;
o; 6u4um w pasops!p you puo;uow!op pamsw ay; o; umou>I;nq 'bgod to a;o4;o spiom D!lgnd ay; u! papoo0ao you 'Auodwoo ay; a; umou>I too (q)
'tuow!op pamsw ayy Aq of peako 0o pawnsso 'paiallns 'pa;oan ynq 'bgod }o ayo0 ;o spoom )ggnd ay; w papowao too 00 oayyaym (o)
:soagow oat';o 0o sw!op asoanpo 'sawoogwmua 'suag 'spaia0 •E
•a6polmoul ;noyi!m anloA jol jasoq�md o jo s4y6u ay; uo Bu!pu!q aq pinom y�!ym bgod jo asod o; ooud pajom0o soy y3!ym Bu[ jot Auo
a600anW wool 6wpnpxa4ou ynq 'b!lod to a;o0;o spio3ai D!lgnd ay w papto)ao uaaq soy ioaoay; asnoaxa ay; to 801;ou ssalun u!owop yuau!wa to s4461a •Z
b!lod to a;oQ ;o spoo)ao :i!lgnd ayy w papowao uaaq soy puol ey; Bu!paiio u0!iololA pa68110 Jo uogolo!A 0 war Buignsaj a3uojgwmua
A uag 'pa}apo }o 8314ou o io }oaoayy as!»axa ay; }o a:)!you o toyy ivatxa ay; o; yda0xa 'aeogo (a) Aq papnpxa too jamod w!lod lotuawwano6 Auy (q)
Zlod i0 ayoG t'0 spoom 3!lgnd
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SCHEDULE A
ORDER NO.
SL -61944413G
POLICY NUMBER
CN.TP-1597--296196
DATE.OF POLICY
DECEMBER.22. 1995 at 08:00 AM
AMOUNT OF INSURANCE
$885,000.00
PREMIUM
$2,496.66
1. Name of Insured
CITY OF SAN LUIS OBISPO,
A CALIFORNIA CHARTER MUNICIPAL CORPORATION
2. The estate or interest in the land is vested in:
A FEE
3. Tide to the estate or interest in the land is vested in:
THE CITY OF SAN LUIS OBISPO,
A CALIFORNIA CHARTER MUNICIPAL CORPORATION
4. The land referred to in this policy is described.in Schedule C attached hereto and made a part hereof:
This Policy valid only if Schedule B is Attached.
CUESTA TITLE GUARANTY COMPANY
POLICY NUMBER: CNJP-1597-296196
This policy does not insure_ against loss or dam_age nor against costs, attorney's fees or expenses, any or.all of which arise by reason of the
following:
PART I
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 iin 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 by which could be ascertained by an inspection of the
land 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 correctsurvey would disclose,
and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations'or exception in patents or in Acts:authorizing the issuance thereof; (c) water rights,
claims or title to water.
PART II
SEE FOLLOWING PAGE
CUESTA TITLE GUARANTY COMPANY
SCHEDULE B CONTINUED
POLICY NUMBER: CNJP-1597-296196
1: GENERAL AND SPECIAL CITY AND/OR COUNTY TAXES, INCLUDING ANY
PERSONAL PROPERTY TAXES AND ANY ASSESSMENTS COLLECTED WITH TAXES;
FISCAL YEAR 1995/.96.
1ST INSTALLMENT
$2,479.68,.PAID
2ND INSTALLMENT
$2,479.68
PENALTY.
NONE
COST
NONE
LAND
$360,653.00
IMPROVEMENTS
$83,655.00
PERSONAL PROPERTY
NONE
EXEMPTION
NONE
CODE AREA
0.03-000
ASSESSMENT NO.
002,482,026
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO
THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE
REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA.
3. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS
INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT;
GRANTED TO CITY OF SAN LUIS OBISPO
PURPOSE SEWER LINE
RECORDED JANUARY 11, 1954 AS INSTRUMENT
NO. 304 IN BOOK 745; PAGE 453
OF OFFICIAL RECORDS
AFFECTS
NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID
EASEMENT.
4. THE TERMS AND CONDITIONS OF A DOCUMENT ENTITLED "AGREEMENT";
DATED DECEMBER 10, 1984
EXECUTED BY AND BETWEEN LLOYD MATHEWS AND BARBARA J.
MATHEWS AND RONALD D. TODD AND
ROBERTA JANE TODD
RECORDED DECEMBER 31, 1984 AS
INSTRUMENT NO. 69039 IN BOOK
2665, PAGE 94 OF OFFICIAL
RECORDS
PURPOSE EASEMENT FOR ENCROACHMENT OF
BUILDING ONTO A_ PORTION__ OF
SAID LAND
CUFSTA TrmE GUARANTY COMPANY
POLICY NUMBER: CNYP-1597-296196
5. ANY ADVERSE CLAIM BASED UPON THE ASSERTION THAT:
A. SOME PORTION OF SAID LAND HAS BEEN CREATED BY ARTIFICIAL
MEANS OR HAS ACCRETED TO SUCH PORTION SO CREATED. _
B. SOME PORTION OF SAID LAND HAS BEEN BROUGHT WITHIN THE
BOUNDARIES THEREOF BY AN AVULSIVE MOVEMENT OF SAN LUIS OBISPO
CREEK OR HAS BEEN FORMED BY ACCRETION TO ANY SUCH PORTION:
6. SUCH RIGHTS AND EASEMENT FOR NAVIGATION AND FISHERY WHICH
MAY EXIST OVER THAT PORTION OF SAID LAND LYING BENEATH THE WATERS
OF SAN LUIS OBISPO CREEK.
THE FOLLOWING MATTERS ARE DISCLOSED BY NAME ONLY AND THE COMPANY,
WITHOUT ADDITIONAL INFORMATION; IS UNABLE TO DETERMINE WHETHER
ANY OR ALL OF THESE MATTERS ARE DEFECTS, LIENS OR ENCUMBRANCES
AGAINST THE INTEREST:
NONE
END OF SCHEDULE B-
SCHEDULE C
THAT PORTION OF BLOCK 61 OF THE CI.T_Y 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, 1878 .IN BOOK A,' PAGE
168 OF MAPS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY LINE OF HIGUERA STREET, SAID_
POINT BEING 412 FEET NORTHERLY FROM THE INTERSECTION OF THE
WESTERLY LINE OF HIGUERA STREET WITH THE NORTHERLY LINE OF HIGH
STREET, IF THE SAME WERE PRODUCED ACROSS HIGUERA STREET, AND
BEING THE SOUTHEASTERLY CORNER OF THE LOT CONVEYED TO W.W.
MATHEWS, ET UX., BY DEED RECORDED..AUGUST 30, 1937 IN BOOK 2211
PAGE 413 OF OFFICIAL RECORDS;
RUNNING THENCE NORTH 8015' EAST ALONG THE WESTERLY LINE OF
HIGUERA STREET 290 FEET 10 INCHES TO THE SOUTHEASTERLY CORNER OF
THE PROPERTY CONVEYED TO EVERETT S. L_ITCH_FIELD, ET UX., BY DEED
RECORDED JUNE 3, 1959 IN BOOK 1004, PAGE 370.OF-OFFICIAL RECORDS;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY SO
CONVEYED, TO THE CENTER OF SAN LUIS OBISPO CREEK;
THENCE SOUTHERLY DOWN THE CENTER OF SAID CREEK TO THE
SOUTHWESTERLY CORNER OF THE LOT CONVEYED TO SAID W.W. MATHEWS;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF THE PROPERTY SO
CONVEYED TO THE.POINT OF BEGINNING.
.END OF SCHEDULE C
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defect, lien or encumbrance or other motterainsured oyainst by this policy. The
Company shall have the right to select counsel of its choice (subject to the right,
of such insured to object for reasonable cause) to represent the intured as to
those stated causes of action and shall not be liable for and will not pay the
fees of any other counsel. The company will not pay any fees, costs or expenses
incurred by an insured in the defense of those causes of action which allege
matters not insured against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its opinion
may be necessary or desirable to establish the title to the estate or interest or
the lien of the insured mortgage, as insured, or to prevent or reduce loss or
damage to an insured. The Company may take any appropriate action under
the terns of this policy, whether or not it shall be liable hereunder, and shall not
thereby concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the Company
may pursue any litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion, to appeal from any
adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to prose-
cute or provide for the defense of any action or proceeding, an insured shall
secure to the Company the right to so prosecute or provide defense in the action
or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of such insured for this purpose. Whenever requested by the
Company, an insured, at the Company's expense, shall give the Company all
reasonable aid (i) in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or proceeding, or effecting set-
tlement, and (ii) in any other lawful act which in the opinion of the Company
may be necessary or desirable to establish the title to the estate or interest or
the lien of the insured mortgage, as insured. If the Company is prejudiced by
the failure of an insured to furnish the required cooperation, the Company s
obligations to such insured under the policy shall terminate, including any liabil-
ity or obligation to defend, prosecute, or continue any litigation, with regard to
the matter oF matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these Con-
ditions and Stipulations have been provided the Company, a proof of loss or
damage signed and sworn to by each insured claimant shall be furnished to the
Company within 90 days after the insured claimant shall ascertain the facts
giving rise to the loss or damage. The proof of loss or damage shall describe the
defect in, or lien or encumbrance on the title, or other matter insured against by
this policy which constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or damage. If the
Company is prejudiced by the failure of on insured claimant to provide the
required proof of loss or damage, the Company's obligations to such insured
under the policy shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter or matters
requiring such proof of loss or damage:
In addition, on insured claimant may reasonably be required to submit on
examination under oath by any authorized representative of the Company and
shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the
Company, all records, books, ledgers, checks, correspondence and memoranda,
whether bearing a date before or after Date of Policy, which reasonably per-
tain to the loss or damage. Further, if requested by any authorized representa-
tive of the Company, the insured claimant shall grant its permission, in writing,
for any authorized representative of the Company to examine, inspect and copy
all records, books, ledgers, checks, correspondence and memoranda in the cus-
tody or control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by an insured claimant provided to
the Company pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the administration
of the claim. Failure of an insured claimant to submit for examination under
oath, produce other reasonably requested information or grant permission to
secure reasonably necessary information from third parties as required in this
paragraph, unless prohibited by law or governmental regulation, shall termi-
nate any liability of the Company under this policy as to that insured for that
claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION
OF LIABILITY.
In case of a claim under this policy, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Insurance or to Pur-
chase the Indebtedness.
(i) to pay or tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred by the
insured claimant, which were authorized by the Company, up to the time of
payment or tender of payment and which the Company is obligated to pay; or
CONDITIONS AND STIPULATIONS Continued
(continued from reverse side of Policy Face)
(ii) in case foss 6r damage is claimed under this policy by the owner of
the indebtedness secured by the. insured mortgage, to purchase the indebted-
ness secured by the insured mortgage for the amount owing thereon together
with any costs, attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of purchase and which
the Company is obligated to pay.
If the Company offers to purchase the indebtedness as herein provided,
the owner of the indebtedness shall transfer, assign, and convey the indebted-
ness and the insured mortgage, together with any collateral security, to the
Company upon payment therefor.
Upon the exercise by the Company of the option provided for in para-
graph a(i), all liability and obligations to the insured under this policy, other
than to make the payment required in that paragraph, shall terminate, includ-
ing any liability or obligation to defend, prosecute, or continue any litigation,
and the policy shall be surrendered to the Company for cancellation.
Upon the exercise by the Company of the option provided for in paragraph
a(ii) the Company's obligation to on insured Lender under this polity for the
claimed loss or damage, other than the payment required to be made, shall
terminate, including any liability or obligation to defend, prosecute or continue
any litigation.
(b� To Pay or Otherwise Settle With Parties Other than the Insured or
With t e Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name of
an insured claimant any claim insured against under this policy, together with
any costs, attorneys' fees and expenses incurred by the insured claimant which
were authorized by the Company up to the time of payment and which the
Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys' fees
and expenses incurred by the insured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to
Pay.
Upon the exercise by the Company of either of the options provided for in
paragraphs b(i) or b(ii), the Company's obligotions to the insured under this
policy for the claimed loss or damage, other than the payments required to be
made, shall terminate, including any liability or obligation to defend, prosecute
or continue any litigation.
7. DETERMINATION AND EXTENT OF LIABILITY.
This policy is a contract of indemnity against actual monetary loss or dam-
age sustained or incurred by the insured claimant who has suffered loss or
damage by reason of matters insured against by this policy and only to the
extent herein described.
(a) The liability of the Company under this policy to an insured lender shall
not exceed the least of:
(i) the Amount of Insurance stated in Schedule A, or, if applicable,
the amount of insurance as defined in Section 2 (c) of these Conditions and
Stipulations;
(ii) the amount of the unpaid principal indebtedness secured by the
insured mortgage as limited or provided under Section 8 of these Conditions
and Stipulations or as reduced under Section 9 of these Conditions and Stipula-
tions, at the time the loss or damage insured against by this policy occurs,
together with interest thereon; or
(iii) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the insured lender has acquired the estate or interest in the
manner described in Section 2(a) of these Conditions and Stipulations or has
cond the title, then the liability of the Company shall continue asset forth in
Sectionveye7(a) of these Conditions and Stipulations.
(c) The liability of the Company under this policy to an insured owner of
the estate or interest in the land described in Schedule A shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest
as insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(d) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect, lien
or encumbrance, or cures the lack of a right of access to or from the land, or
cures the claim of unmarketability of title, or otherwise establishes the lien of the
insured mortgage, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals therefrom, it
shall have fully performed its obligations with respect to that matter and shall not
be liable for any loss or damage caused thereby.
-- conditions and stipulations continued and conclude
(b) In the event of any litigation,litigation by the Company or
If loss should result from any act of the insured claimant, as stated above,
with the Company's consent, the Company Miall have no liability for loss or
that cct's:all not void this policy, but the Company, in that event, shall be
damage until there has been a final determination by a court of competent
required to pay only that part of any losses insured against by this policy which
jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if
shall exceed the amount, if any, lost to the Company by reason of the impair-
applicable, to the lien of the insured mortgage, as insured.
ment by the insured claimant of the Company's right of subrogation.
(c) The Company shall not be liable for loss or damage to any insured for
(b) The Insured's Rights and limitations.
liability voluntarily assumed by the insured in settling any claim or suit without
Notwithstanding the foregoing, the owner of the indebtedness secured by
the prior written consent of the Company.
an insured mortgage, provided the priority of the lien of the insured mortgage
(d) The Company shall not be liable to on insured lender for: (i) any
or its enforceability is not affected, may release or substitute the personal lia-
indebtedness created subsequent to Date of Policy except for advances made to
lien insured thereby
bility of any debtor or guarantor, or extend or otherwise modify the terms of
the interest from the lien the
protect the of the mortgage and secured and reasonable
payment, or release a portion of estate or of
amounts expended to prevent deterioration of improvements; or (ii) construction
insured mortgage, or release any collateral security for the indebtedness.
loan advances made subsequent to Date of Policy, except construction loan
financing in
When the permitted acts of the insured claimant occur and the insured has
the
advances made subsequent to Date of Polity for the purpose of
knowledge of any claim of title or interest adverse to title to the estate or
whole or in part the construction of an improvement to the land which at Date of
interest or the priority or enforceability of the lien of an insured mortgage, as
Policy were secured by the insured mortgage and which the insured was and
insured, the Company shall be required to pay only that part of any losses
continued to be obligated to advance at and after Date of Policy,
9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF
insured against by this Policy which shall exceed the amount, if any, lost to the
Company by the impairment by the insured the Company's
reason of claimant of
LIABILITY.
right of subrogation.
(a) All payments under this policy, except payments made for costs, attor-
(c) The Company's Rights Against Non-insured Obligors.
neys' fees and expenses, shall reduce the amount of insurance pro tanto. How-
The Company's right of subrogation against non-insured obligors shall exist
ever, as to an insured lender, any payments made prior to the acquisition of
and shall include, out limitation, the rights of the insured to indemnities,
title to the estate or interest as provided in Section 21a) of these Conditions and
guaranties, other policies of insurance or bonds, notwithstanding any terms or
Stipulations shall not reduce pro tanto the amount of insurance afforded under
conditions contained in those instruments which provide for subrogation rights by
this policy as to any such insured, except to the extent that the payments reduce
reason of this policy.
the amount of the indebtedness secured by the insured mortgage.
The Company s right of subrogation shall not be avoided by acquisition of
(b) Payment in part by any person of the principal of the indebtedness, or
an insured mortgage by an obligor (except an obligor described in Section
Conditions Stipulations) insured
any otherobligation secured by the insured mortgage, or any voluntary partial
1(a)(ii) of these and who acquires the mortgage
satisfaction or release of the insured mortgage, to the extent of the payment,
as a result of an indemnity, guarantee, other policy of insurance, or bond and
satisfaction or release, shall reduce the amount of insurance pro tanto. The
the obligor will not be an insured under this policy, notwithstanding Section
amount of insurance may thereafter be increased by accruing interest and
1(a)(i) of these Conditions and Stipulations.
advances made to protect the lien of the insured mortgage and secured there-
13. ARBITRATION.
by, with interest thereon, provided in no event shall the amount of insurance
Unless prohibited by applicable law, either the Company or the insured
be greater than the Amount of Insurance stated in Schedule A.
may demand arbitration pursuant to the Title Insurance Arbitration Rules of the
(c) Payment in full by any person or the voluntary satisfaction or release of
American Arbitration Association. Arbitrable matters may include, but are not
the insured mortgage shall terminate all liability of the Company to on insured
limited to, any controversy or claim between the Company and the insured aris-
lender except as provided in Section 2(0) of these Conditions and Stipulations.
ing out of or relating to This policy, any service of the Company in connection
its issuance the breach All
10. LIABILITY NONCUMULATIVE.
with or of o policy provision or other obligation.
Amount Insurance is $1,000,000 less be
It is expressly understood that the amount of insurance under this.policy
arbitrable matters when the of or shall
Company insured. All
shall be reduced by any amount the Company may pay under any policy insur-
ing a mortgage to which exception is taken in Schedule B or to which the insured
arbitrated at the option of either the or the arbitrable
matters when the Amount of Insurance is in excess of $1,000,000 shall be arbi-
has agreed, assumed, or taken subject, or which is hereafter executed by an
trated only when agreed to by both the Company and the insured. Arbitration
for
insured and which is a charge or lien on the estate or interest described or
pursuant to this policy and under the Rules in effect on the date the demand
referred to in Schedule A, and the amount so paid shall be deemed a payment
arbitration is made or, at the option of the insured, the Rules in effect at Date of
under this policy to the insured owner.
Policy shall be binding upon the parties. The award may include attorneys' fees
The provisions of this Section shall not apply to an insured lender, unless
only if the laws of the state in which the land is located permit a court to award
such insured acquires title to said estate or interest in satisfaction of the
by
attorneys' fees to a prevailing party. Judgment upon the award rendered by
the Arbitrators) be in having jurisdiction thereof.
indebtedness secured an insured mortgage.
OF
may entered any court
The law the:situs the land to the TitCe
11. PAYMENT LOSS.
(a) No payment shall be made without producing this policy for endorse-
of of shall apply an arbitration under
Insurance Arbitration Rules. ,
ment of the payment unless the policy has been lost or destroyed, in which case
loss destruction be furnished to the of the
A copy of the Rules mayy be obtained from the Compan upon request.
14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT.
proof of or shall satisfaction
Company.
loss damage has been definitely
(a) This policy together with all endorsements, if any, attached hereto by
the Company is the entire and contract between the insured and the
(b) When liability and the extent of or
policy
fixed in accordance with these Conditions and Stipulations, the loss or damage
Company. In interpreting any provision of this policy, this policy shall be
shall be payable within 30 days thereafter.
construed as a whole.
12. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(b) Any claim of loss or damage, whether or not based on negligence, and
which arises out of the status of the lien of the insured mortgage or of the title
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim under this
to the estate or interest covered hereby or by any action asserting such claim,
policy, all right of subrogation shall vest in the Company unaffected by any act
all be restricted to this policy.
shall
(c) No amendment of or endorsement to this policy can be made except by
of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any or
a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, Assistant Secretary, or validating officer or
person
property in respect to the claim had this policy not been issued. If requested by
authorized signatory of the Company.
p
the Company, the insured claimant shall transfer to the Company all rights and
15. In the event
In the event any provision of the policy is held invalid or unenforceable
a
remedies against any person or property necessary in order to perfect this right
of subrogation. The insured claimant shall permit the Company to sue, com-
under applicable law, the policy shall fu deemed not to include that provision
and all other provisions shall remain in full force and effect.
promise or settle in the name of the insured claimant and to use the name of the
16. NOTICES, WHERE SENT.
insured claimant in any transaction or litigation involving these rights or
remedies.
All notices required to be given the Company and any statement in writing
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated (i) as to an insured owner,
required to be furnished the Company shall include the number of this policy
and shall be addressed to the Company at P.O. Box 2029, Houston, Texas
to all rights and remedies in the proportion which the Company's payment bears
77252-2029, and identify this policy by its printed policy serial number which
appears on the bottom of The front of the first of this
to the whole amount of the loss; and (ii) as to an insured lender, to all rights
page policy.
and remedies of the insured claimant after the insured claimant shall hove re-
covered its principal, interest, and costs of collection.
Contract to Transfer Ownership
This contract between Kurt Kupper ("Kupper") a private party,
and Lloyd Mathews ("Mathews"), is to allow the transfer of
ownership of the 100' x 100' metal Butler building located at
344-350 Higuera Street in San Lui.s Obispo, California. This
property is currently owned by Mathews.
This transfer- of ownership is based on an agreement for good
and valuable consideration between Mathews and Kupper and will
allow Kupper to dismantle and remove said Butler building.
This transfer of ownership is
, section 10. page
structures prior to sale."
pursuant to escrow agreement
7, "...seller may dispose of
This transfer of ownership is contingent upon all of the
following:
Approval by the City of San Luis Obispo.
The close of escrow between Mathews and the City of SLO
Kupper satisfying any and all City of SLO requirements for
building permits, planning approvals and insurance.
L73 4j
Said salvaged building t�a erials are to be removed from the
premises no later than , 1996. If any materials
remain after that date, the City shall have the option at its
sole discretion to extend the time period or to declare all
Kupper's right, title and interest terminated.
This agreement shall serve to transfer to Kupper all rights,
title, and interest to the metal Butler building.
Kupper will not be held responsible for the disconnect and
capping of any and all sewer and water laterals serving the
property at Higuera Street.
Kupper will be allowed access to the building as needed for
the dismantling and removal.
Kupper agrees to indemnify, defend and hold harmless Mathews
and City of SLO from and against any and all claims, damage,
etc. which may result from salvage operations.
In the event .of dispute between the parties concerning the
terms or obligations of this Agreement, the prevailing party
to any suit or claim shall be entitled to collect reasonable
attorney -fees and costs.
This Agreement is executed this
Lloyd-
i
� /iii //� �/� /_• �� � .J
City of San Luis Obispo
y:
n
6
Z d day of December 1995.
Kurt Kupper
RESPONSIBILITY OF KURT KUPPER AFTER CLOSE OF ESCROW
Kurt Kupper shall indemnify and hold harmless the City of San Luis
Obispo and its officers, officials, employees and agents from and
against all claims, damages, losses and expenses including attorney
fees arising out of the performance of the work described herein,
or failure to pay contractors or subcontractors caused in whole or
in part by any negligent act or omission of Kurt Kupper .his
contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, except where caused by the active negligence, sole
negligence, or willful misconduct of the. City of San Luis Obispo.
The City of San Luis Obispo and all employees thereof .connected
with the work shall not be answerable or accountable in any manner:
for any loss or damage that may happen to the work or any part
thereof; for any loss or damage to any of the materials or other
things used or employed in performing the work; for injury to or
death of any person, either workmen or the public; or for damage to
property from any cause which might have been prevented by Kurt
Kupper, or his workmen, or anyone employed by him.
Kurt Kupper shall be responsible for any liability imposed by law
and for injuries to or death of any person including but not
limited to workmen and the public, or datage to property resulting
from defects or obstructions or from any cause whatsoever during
the progress of the work or at any time before its completion and
final acceptance.
I:kupper
V
CONTRACT TO TRANSFER OWNERSHIP
This contract between Todd Miller, ("Miller") a private party, and Lloyd
Mathews, ("Mathews"), is to allow the transfer of ownership of the house
only, which is currently located at Higuera St., San Luis Obispo, CA.. This
house and property are currently owned by Mathews.
This transfer of ownership is based on an agreement for good and
valuable consideration between Mathews and Miller and will allow Miller
to remove said house to a new location within the city of -San Luis Obispo.
It is Miller's intent to relocate and restore the house,
This transfer of ownership is pursuant to escrow agreement #
section _, page _. ".. I. seller may dispose of 'house' prior to sale."
This transfer of ownership is contingent upon all of the following;
Approval by the City of San Luis Obispo,
The close of Escrow between Mathews and the City of S.L.O. .
Miller satisfying any and all City of S.L.O. requirements for building permits,
planning approvals and insurance.
Said house is to be removed from the property at 320 Higuera St. only
after the close of City / Mathews Escrow and no later than 180 (One
hundred and eighty) days after that closure, In the event that the house
has not been removed within the specified period of time, the City shall
have the option at its sole discretion to extend the time period, or to
declare all Miller's right, title and interest in the house terminated.
This agreement shall serve to transfer to Miller all rights, title, and interest to
the buildings.
Miller will not be held responsible for the disconnect and capping of any
and all sewer and water laterals serving the property at Higuera St.
Mathews does not make any warranty or representation with respect to
condition or structural integrity of the buildings. Miller has undertaken his
own investigation of the house and as a result agrees to accept it "As is"
as to all known and unknown conditions and shall be responsible for all
damage to the house and the property arising from the move..
E
Miller will be allowed access to the buildings as needed for the
generation of architectural drawings and the preparations for removal.
The buildings are to remain locked at all times.
Miller agrees to hire a licensed contractor to relocate the house, which
contractor shall carry liability insurance in amounts acceptable to
Mathews and the City of S1.0, . Mathews and City of S.L.O. reserve the
right to be named as an additional insured.
Miller agrees to indemnify, defend and hold harmless Mathews and City
of S.L.O. from and against any and all claims, damage, etc. which may
result from removal of the house.
In the event of dispute between the parties concerning the terms or
obligations of this Agreement, the prevailing party to any suit or claim
shall be entitled to collect reasonable attorney fees and costs.
This Agreement is executed this
Lloyd Mathews
FINPIMM�PNXW'054io®ry W, Z'1
-= 10
City of San Luis Obispo
day of , 1995.
Todd Miller
Il• 20.95
RESPONSIBILITY OF TODD MILLER AFTER CLOSE OF ESCROW
Todd Miller shall indemnify and hold harmless the City of San Luis
Obispo and its officers, officials, employees and agents from and
against all claims, damages, losses and expenses including attorney
fees arising out of the per-formance of the work described herein,
or failure to pay contractors or subcontractors caused in whole or
in part by any negligent act or omission of Todd Miller, his
contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, except where caused by the active negligence, sole
negligence, or willful misconduct of the City of San Luis Obispo.
The City of San Luis Obispo and all employees thereof connected
with the work shall not be answerable or accountable in any- manner:
for any loss or damage that may happen to the work or ny part
thereof; for any loss or damage to any of the materials or other
things used or employed in performing the work; for injury to or
death of any .person, either workmen or the public; or for damage to
property from any cause which might have been prevented by Todd
Miller, or his workmen, or anyone employed by him.
Todd Miller shall be responsible for any liability imposed by law
and for injuries to or death of any person including but not.
limited to workmen and the public, or damage to property resulting
from defects or obstructions or from any cause whatsoever during
the progress of the work or at any time before its completion and
final acceptance.
Date:
I:miller
0
Contract to Transfer Ownership
This contract between Cary Yamashiro ("Yamashiro") a private
party, and Lloyd Mathews ("Mathews"), is to allow the transfer
of ownership of certain buildings located at 314 and 320
Higuera Street in San Luis Obispo, California. This property
is currently owned by Mathews..
This transfer of ownership i.s based on an agreement for good
and valuable consideration between Mathews and Yamashiro and
will allow Yamashiro to salvage lumber and materials from the
house at 314 Higuera Street, the shed behind the house, the
12' x 12' room to the North of the 314 house, and the sheet
metal garage and shed behind the 320 Higuera Street house.
Yamashiro may also salvage and :remove the lumber from the
stai.rs and balcony in the Butler building at 344-350 Higuera
Street. And qV-W, $aa staticrd.jl$),
This transfer of ownership is
# section 10. page
structures prior to sale."
pursuant to escrow agreement
7, "...seller may dispose of
This transfer of ownership is contingent upon all ofthe
following:
Approval by the City of. San Luis obisr.o.
The close of escrow between Mathews and the City of SLO.
Yamashiro satisfying any and all City of SLO requirements for
building permits, planning approvals and insurance.
Said salvaged building materials are to be removed from the
premises no later than March 31, 1996.' If any materials
remain after that date, the City shall have the option at its
sole discretion to extend the time period or to declare all
Yamashiro's right, title and.interest terminated.
This agreement shall serve to transfer to Yamashiro all
rights, title, and interest to the buildings.
Yamashiro will not be held responsible for the disconnect and
capping of any and all sewer and water lateralis serving the
property at Higuera Street.
Yamashiro will be allowed access to the buildings as needed
for the demolition and removal.
Yamashiro agrees to indemnify, defend and hold harmless
Mathews and City of SLO from and against any and all claims,
damage, etc. which may -result from salvage operations.
In the event of dispute between the parties concerning the
terins•or obligations of this Agreement', the prevailing party
to any suit or claim shall be entitled to collect reasonable
attorney fees and costs..
This Agreement is executed thisC, day of December 1995.
Lloyd Mathews
City of San Luis Obispo.
Cary Yamashi.ro
RESPONSIBILITY OF CARY YAMASHIRO AFTER CLOSE OF ESCROW
Cary Yamashiro shall indemnify and hold harmless the City of San
Luis Obispo and its officers, officials, employees and agents from
and against all claims, damages, losses and expenses including
attorney fees arising out of the performance of the work described
herein, or failure*to pay contractors or subcontractors caused in
whole or in part by any negligent act or omission of Cary Yamashiro
his contractor, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be
liable, except where caused by the active negligence, sole
negligence, or willful misconduct of the City of San Luis Obispo.
The City of San Luis Obispo and all employees thereof connected
with the work shall not be answerable or accountable in any manner:
for any loss or damage that may happen to the work or any part
thereof; for any loss or damage to any of the materials or other
things used or employed in performing the work; for injury to or
death of any person, either workmen or the public; or for damage to
property from any cause which might have been prevented by Cary
Yamashiro, or his workmen, or anyone employed by him.
Cary Yamashiro shall be responsible for any liability imposed by
law and for injuries to or death of any person including but not
limited to workmen and the public, or damage to property resulting
from defects or obstructions or. from any cause whatsoever during
the progress of the work or at any time before its completion and
final acceptance.
i
,W- om i
Yamashiro
Date:/2, —., 20— 7-$ —
I:yamashiro
The City of San Luis Obispo
Dave Elliott
955 Morro Street
San Luis Obispo, CA 93401-3208
Dear Dave:
L" NT r: h�
- A
Date: December 14, 1995
Escrow No. SL -61844 -PBG
Re: 314 - 350 Higuera. Street
San Luis Obispo, CA 93401 -
In connection with the above referenced escrow, vire enclose the following items:
PLEASE SIGN AND RETURN (RETAIN ADDITIONAL COPY FOR YOUR FILES):
Amendment to Escrow Instructions
Borrower's Estimated Closing Statement (I have highlighted the amount we will need to close escrow)
Please return the enclosed paperwork at your earliest convenience as we are looking at Friday, December 22nd
for closing.
If you have any questions regarding the enclosed, please don't hesitate to call me or my assistant Stephanie.
ncerely
ES )TLE GUARANTY COMPANY
r
Patti Giovannelli
Escrow Officer
�CCRE" IVF,
DEC 2 C 1995
CITY CLERK
SAN LUIS 091SPO, CA
Jul733 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA 93406
P.O. BOX 1265, SAN LUIS OBISPO, CA. 93406
(805) 5441860 0 FAX: (805) 541-1769
December 14, 1995
Patti Giovannelli,
Escrow Officer
Escrow No. SL -61844 -PBG
AMENDED ESCROW INSTRUCTIONS
THE ABOVE NUMBERED ESCROW IS HEREBY AMENDED AND/OR SUPPLEMENTED AS FOLLOWS:
Buyer's deposit of funds to close escrow shall be deemed notification to Escrowholder that all conditions and
contingencies of the Purchase and Sale Agreement have been satisfied.
ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME.
BUYERS:
The City an Obispo, a California
t, ; -s Co ora
�1"
Ir K By: lien Settle, Mayor of the
City San Luis Obispo
G009
733 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA 93406
P.O. BOX 1265, SAN.LUIS OBISPO, CA. 93406
(805) 5441860 • FAX: (805) 541-1769
'GU P�l C OM
BUYER ESTIMATED CLOSING COSTS
PROPERTY: 314 - 350 Higuera Street
San Luis Obispo, CA 93401 -
BUYER: The City of San Luis Obispo
CONSIDERATION
Total Consideration
Cash Deposit
PRORATIONS/ADJUSTMENTS
Taxes at 2479.68/6 mo. from 12/22/95
to 01/01/96
ESCROW CHARGES TO CUESTA TITLE
GUARANTY COMPANY 9% C=h
Escrow Fee cur
Refundable Allowance
FUNDS REQUIRED
TOTALS
DATE: December 13, 1995
CLOSING DATE:
December 22, 1995
ESCROW NO.: SL -61844 -PBG
DEBITS. CREDITS
$ 885,000.00 $
10,000.00
123.98
?LIEV4,�.
742.50
300.00
876,166.48
886,166.48 886,166.48
THIS IS AN ESTIMATE ONLY AND FIGURES ARE SUBJECT TO CHANGE.
733 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA 93406
P.O. BOX 1265, SAN LUIS OBISPO, CA. 93406
(805) 5441860 • FAX: (805) 541-1769
A -23 -95 -CC
PURCHASE AND SALE AGREEMENT
(San Luis Obispo Property)
CITY OF SAN LUIS OBISPO ("Buyer"), a California Charter Municipal
Corporation, hereby agrees to purchase, and LLOYD L. MATHEWS AND
BARBARA J. MATHEWS, both individually and as Trustees of the L.L.
and B.J. Mathews Revocable Trust an Undivided Fifty Percent (50$)
Interest as tenant-in-common; and Matthew B. Mack, -Administrative
Trustee, of the L.L. and B.J. Mathews Charitable Remainder Annuity
Trust an Undivided Fifty Percent (50%) Interest as tenant-in-common
("Seller"), hereby agreesto sell, all of Seller's right, title and
interest in that certain real property in the City of San Luis
Obispo, County of San Luis Obispo, together with all easements,
rights and appurtenances thereto, as described. in Exhibit "A"
attached hereto and incorporated by reference. Said property shall
hereinafter.be referred to as the "Property".
1. Purchase Price and Terms
The purchase price for the Property shall be Eight Hundred
Eighty Five Thousand Dollars ($885,000.00). The purchase
price shall be payable as follows:
(a) By Buyer paying the amount of Ten Thousand ($10,000.00)
Dollars in the form of a cashier's or certified check, payable
to Escrow Holder (the '-'Deposit!'), which shall be deposited by
Buyer into Escrow upon the opening thereof. Said amount shall
accrue to the benefit of the Seller. All deposits shall
remain in possession of Escrow Holder in an interest bearing
account with, interest credited to the, Seller. Total deposits
shall be credited to the purchase price at closing,
(b) By Buyer paying the balance of the purchase price in the
form of a cashier's or certified check, payable to Escrow
Holder, which shall be deposited by Buyer into Escrow not less
than two (2) days prior to the Closing Date, as defined below.
(c) Notwithstanding the above provisions, if Buyer elects to
terminate its obligations under this Agreement pursuant to
Paragraphs 2(a) or (b), the Ten Thousand Dollar ($10,000.00)
deposit shall be refunded to Buyer.
2. Conditions Precedent.
All of Buyer's duties to purchase the Property are expressly
conditioned upon the occurrence and satisfaction of each of
the following -conditions, each of which is deemed exclusively
for the benefit of Buyer:
1
A -23 -95 -CC
r
o
(a) Title. Report. Buyer's approval of the exceptions to
title set forth in a CLTA preliminary title report for the
Property (the "Preliminary Title Report"). Buyer shall have
thirty (30) days after the receipt of the Preliminary Title
Report, and copies of all document referenced therein, to
provide to Seller written notice of Buyer's disapproval of any
title exception. Any title exception not so disapproved shall
be deemed approved, provided that'if a Supplemental CLTA title
report is issued showing any exception not shown on the
Preliminary Title Report, Buyer shall have an additional ten
(10) calendar days after receipt of such Supplemental Report
to approve or disapprove any such title exception. If Buyer
disapproves any title exception, Seller shall have no
obligation to cure such disapproval (except that Seller shall
be obligated to remove any liens) but. Seller may elect, by
written notice to Buyer within five (5) calendar days after
receipt by Seller of such notice of disapproval, to attempt to
remove such disapproved items. If Seller is unable within a
reasonable time to accomplish such cure or removal, or if
Seller elects not to attempt to so cure or remove (which
election shall be communicated to Buyer.within ten (10) days
after receipt of Buyer's notice of disapproval), then Buyer
may elect to (i) terminate its obligations under this
Agreement by providing written notice to Seller, or (ii) waive
its objections to such exception, or (iii) elect to correct
any such disapproved exception itself, in which case Seller
shall use its best efforts to assist Buyer whenever Buyer may
request in order to cure any such defect, provided that. Seller
shall incur no monetary obligations in connection with such
cure, and provided escrow shall be extended for a reasonable
period in which to effect such cure.
(b) Inspection and Approval of Property. Buyer's inspection
and approval of the Property and all improvements thereon,
including at Buyer's option and expense, a noise study, a
survey, a soils investigation, a Phase I or Phase II
environmental report or any other investigation that the Buyer
deems necessary. This condition shall be deemed approved if
Buyer does not send written notice of disapproval to Seller
within thirty (30) days after the opening of Escrow. If Buyer
discovers through its investigations any defects on the
Property, or improvements thereon, which it disapproves of,
Seller shall have no obligation to cure such defects but
Seller may elect, by written notice to Buyer within five (5)
calendar days after receipt by Seller of such notice of
disapproval, to attempt to cure such disapproved defects. If
Seller is unable within a reasonable time to accomplish such
cure, or if Seller elects not to attempt to cure said defects
(which election shall be communicated to Buyer within ten (10)
days after receipt of Buyer's notice of disapproval), then
Buyer may elect to (i) terminate its obligations under this
Agreement by providing written notice to Seller, or (ii) waive
2
o
its objections to such defects, or, (iii) elect to correct any
such disapproved defects itself, in which case Seller shall
use its best efforts to assist Buyer whenever Buyer may
request in order to cure any such defect, provided that Seller
shall incur no monetary obligations in connection with such
cure, or (iv) the Parties may enter into additional
negotiations, as may be mutually acceptable, concerning an
adjustment to the purchase price, allocation of risk, or
contribution to the costs to cure or other matters, and
provided escrow shall be extended for a reasonable period of
time to effect such negotiations.
3. Escrow and Deposit.
(a) Closing Date. This purchase and sale shall close upon
the recordation of the Grant Deed to Buyer (the "Close of
Escrow"). The close of Escrow shall occur on or before sixty
(60) days (the "Closing Date") after a copy of this agreement
(executed by both Buyer- and Seller) is deposited with the
Escrow Holder, but no later than January 15, 1996, unless
extended by mutual agreement of the parties, or as otherwise
provided herein. In no event shall Seller be required to
extend the Closing Date., Time is of the essence in this
Agreement..
(b) Escrow -Holder. Within fifteen (15) business days after
the execution of this Agreement, Seller shall open an Escrow
for the consummation of the purchase and sale of the Property
with Cuesta Title Guaranty Company, 773 Marsh Street, San Luis
Obispo, California 93401. ("Escrow Holder"). The Escrow shall
be deemed to be "opened" as of the date on which a copy of
this Agreement (executed by Buyer and Seller) is deposited
with Escrow Holder.
(c) Deposit. Escrow Holder is hereby authorized and
instructed to cash immediately upon receipt the Deposit
referred to in Subparagraph 1(a) hereof.
(d) Escrow Instructions. Although. Escrow Holder may require.
further written instructions executed by Buyer and Seller to
clarify the duties and responsibilities of Escrow Holder, any
such further instructions shall not modify or amend the
provisions of this Agreement unless .any such instructions
expressly provide that they are intended to amend or modify
the provisions of this Agreement.
(e) Title Insurance. Title to the Property shall be conveyed.
by Grant Deed. Title to the. Property shall be insured by a
CLTA owners policy in the amount of the purchase price,
showing title vested in Buyer, subject only to those
exceptions specified in the Preliminary Title Report and/or
Supplemental Report and accepted by Buyer. Seller shall pay
3
Cuesta Title Guaranty Company. Buyer may elect to have title
insured by an ALTA policy of title insurance, provided that
Buyer shall pay that portion of the premium which exceeds the
costs of a CLIA standard coverage policy of title insurance.
Buyer shall also pay the cost of any survey.
(f) Fees and Taxes. Seller agrees to pay all documentary
transfer taxes and recording fees. Escrow fees shall be borne
equally. Real property taxes shall be prorated as of the
Close of Escrow, based on the most recently available tax
bill.
5. Representations, Warranties, Agreements and Disclaimers.
(a) Authorized Representative. Buyer and Seller hereby
represent and warrant to each other that the persons who sign
this agreement and any other documents required to be executed
by such party to perform its obligations hereunder, shall have
all requisite power and authority to have entered into this
Agreement, and that all authorizations required to be obtained
by or on the part of such party to execute and perform this
Agreement have been obtained.
(b) ProofofCitizenship. Seller is not a foreign person as
such term is used in Section 1445 of the. Internal Revenue
Code. Prior to the Close of Escrow, Seller shall deposit in
Escrow a non -foreign affidavit as provided under said Section
1445, and the failure to do so shall entitle Buyer to withhold
from the purchase price such sums as are required by said
Section 1445.
(c) Delivery of Property. Possession of the Property shall be
delivered by Seller to Buyer upon the Close of Escrow. Seller
shall have the right prior to the close of escrow to remove
all personal property and trade fixtures, provided the
Property is left in a sound and tenantable condition.
(d) Legal Actions. Seller represents and warrants that there
Are no actions, suits, or legal proceedings related to the
ownership, use, operation or sale. of the Property to which
Seller is a party nor has Seller received any notice that any
such actions are pending or threatened.
(e) Indemnification by Seller. Effective as of the closing
date, Seller shall indemnify and hold harmless Buyer from and
against any and all claims, damages or liabilities (whether or
not caused by negligence), including civil or criminal fines;
arising out of or relating to any of the following:
(i) Any generation, processing, handling, transporta-
tion, storage treatment or disposal of solid wastes or
hazardous wastes by Seller, including, but not limited
4
to, any of such activities occurring on any of the properties;
(ii) Any releases by Seller (including, but not limited to,
any releases as defined under the Comprehensive Environmental
Response, Compensation and Liability Act of 1980) to the
extent occurring or existing prior_ to closing, including, but
not limited to such releases to land, groundwater, surface
water or into the air.
(f) Seller's Knowledge of the Environmental. Conditions of the
Property. As an inducement to Buyer to enter into this agreement,
Seller, to the best of Seller's knowledge and belief, represents
and.warrants that:
(i) Throughout the period of ownership of. the Property by
Seller, there have been no notices, directives, violation
reports or actions by any local, state or federal department
or agency concerning environmental laws or regulations, and
the Property is in compliance with all state and federal
environmental laws;
(ii) The business and operations of Seller have at all times
been conducted in compliance with all applicable federal,
state, local or foreign laws, ordinances, regulations, orders
and other requirements of governmental authorities on.matters
relating to the environment.
(iii) There.has been no spill, discharge, release, cleanup or
contamination of or by any hazardous or toxic waste or
substance used, generated,. treated, stored, disposed of or
handled by the Seller on or around the. Property.
(iv) There are no underground storage tanks located at, on or
under the Property; three underground storage tanks were
removed in 1984.
(v) No hazardous or toxic substances or wastes are located
at, or have been located on or removed from the Property.
(vi). All studies, reports, and investigations, known to
Seller, concerning any pollution, toxic building materials or
toxic hazardous substances or wastes located at, on, or under
the Property have been provided or otherwise been disclosed to
Buyer prior to the close of Escrow. Known studies to date
are: a) Report of Phase. I Assessment Mathews Property,
4/29/94, prepared by Seacor; b) Addendum to Phase I
Environmental Assessment Report, 12/.16/94, prepared by Seacor-;
and c) Results of Phase II Site Assessment, 2/23/95, prepared
by Seacor.
5
(vii) There are
might impair or
future plans for
6. Notices.
7.
S.
no soil or
adversely
use of the
1
geological
affect the
Property.
conditions which
current use or
All notices, communications, consents, approvals and
disapprovals required or permitted hereunder must be in
writing and shall be delivered by personal delivery,
facsimile, or deposited in the United States mail, postage
prepaid and addressed as follows:
TO BUYER: City of San Luis Obispo
Michael McCluskey
Director of Public Works
955 Morro Street
San Luis Obispo, CA 93401-3208
TO SELLER: Matthew B. Mack, Esquire
P.O. Box 7256
Thousand Oaks, CA 91359
Lloyd L.and Barbara J.. Mathews
1885 Alrita
San Luis Obispo, CA 93401
The foregoing addresses may be changed by written notice. If
served personally, or by facsimile, service shall be
conclusively deemed made at the time of service. If served by
mail, service shall be conclusively deemed made seventy-two
(72) hours after the deposit thereof in the United States
mail.
Brokers.
Buyer and Seller each represent to the other that it knows of
no claim for broker's'or finder's fees or other commissions in
connection with this transaction other than as provided in
this paragraph. In the event any other broker or finder
asserts a claim for a commission or finder's fee, the party
through whom the broker or finder .makes this claim shall
indemnify the other party for any and all costs and expenses
(including attorney's fees) incurred by the other party in
defending the same.
Miscellaneous.
This Agreement contains the entire agreement between the
parties hereto, and no modification or addition to any term or
provision shall be effective unless made in writing and signed
by both parties hereto. In the event any litigation is
N
commenced between the parties hereto in connection with this
Agreement, the prevailing party in such litigation shall be
entitled to a reasonable sum for its attorneys fees and costs.
The captions and headings in this Agreement are for reference
only and shall not be deemed to define or limit the scope or
intent of. any of the terms, covenants, conditions or
agreements contained herein.
9. Entry.
With respect to Paragraphs 2 and 5, Buyer, its agents and
authorized representative shall have the right -to enter onto
the Property only during normal business hours, or at such
other times as may be mutually agreed to.by the Parties, which
consent to enter- shall not be unreasonably withheld. Buyer
shall indemnify and defend Seller against and hold Seller
harmless from, any and all liability, cost and expense
(including without limitation any and all recorded mechanics
or other liens) for loss of or damage to any property or
injury to or death of any person; arising out of or in any way
related to the entry by Buyer or Buyer's .agents onto the
Property, unless such liability, cost and expense is caused by
the sole, active negligence of Seller. In the event of the
recording of any claim of lien for materials supplied or labor
or professional services performed on behalf of Buyer, Buyer
shall promptly satisfy .and discharge such lien at its sole
cost and expense upon demand therefore by Seller. Buyer shall
repair- any and all damages to the Property caused by any such
tests and inspections.
10. Structures.
Buyer agrees that Seller_ may remove, sell and/or cause to be
removed all structures from the premises prior to close of
escrow. Buyer will honor any sales agreement entered into by
Seller with a third party for the sale and removal of said
structures provided said sales agreement and removal is
consummated prior to close of escrow, and copies made
available to Buyer prior to close of escrow. Should any sales
agreement be entered.into wherein removal of said structures
wil occur after the close. of escrow, the Buyer shall review
and approve all such documents and in no case shall any
removal activities occur greater than ninety (90) days after
the close of escrow.
11. Survival.
The warranties, representations and agreements made in this
Agreement shall survive the close of escrow.
7
O
12. Trust Documentation.
Seller shall provide Buyer proof that Buyer shall be named a
fifty (50%) percent non -revocable beneficiary of the L.L. and
B.J. Mathews Charitable Remainder Annuity Trust prior to close
of escrow. Seller shall likewise furnish sufficient evidence
to Buyer's satisfaction that principal from said Trust cannot
be released for any reason other than maintenance of annuity
stream payments and costs of trust administration.
13. Not Binding Until Signed by Seller.
This Agreement shall be of no force or, effect whatsoever
until signed by an authorized representative of Seller.
Unless and until this Agreement has been signed by an
authorized representative of Seller, Seller reserves the right
to convey the property to (or enter into an agreement for the
conveyance of the Property with) any other person.
In the event this Agreement is executed by the parties on
different dates, the date of execution shall be deemed to be
the later date.
"-SELLER"
1. As to a 50% undivided interest as a Tenant -in -Common.
L.L. AND B:�. MATHEWS CHARITABLE REMAINDER TRUST
By:
Ma thew B. Mack
Administrative Trust
Date:
2. As to a 50% undivided interest as a Tenant -'n -Common.
By:
Llokd L. Mathews Barbara J 0111thArs
"BUYE
CITY
By:
Mayor of the City of San Luis Obispo
Date: 11/7/95
8
ATTEST:
ative�Officer
AS TO FORM:
g/maMews
THAT PORTION of Block 61,. according to the map thereof recorded in Book A
Page 168 of Maps in the Office of the County Recorder of said County, described as
follows:
BEGINNING at a point on the Westerly line of Higuera Street, said point being 412
feet Northerly from the intersection of the Westerly line of Higuera Street with the
Northerly line of High Street, if the same were produced across Higuera Street, and
being the Southeasterly corner of the lot conveyed to W. W..Mathews, et ux, by Deed
recorded August 30, 1937 in Book 221 Page 413 of Deeds, Records of said County;
running thence N 80 15' E along the Westerly line of Higuera Street 290 feet 10
inches to the Southeasterly comer of the property conveyed to Everett S. Lichfield,
et ux, by Deed recorded June 3, 1959 in Book 1004 Page 370 of Deeds, Records of
said County; thence Westerly along the Southerly line of the property so conveyed
to the Center of San Luis Obispo Creek; thence Southerly down the center of said
Creek to the Southwesterly comer of the lot conveyed to said W. W. Mathews;
thence Easterly along the Southerly line of the property.so conveyed, to the point of
beginning.
10
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01/09/95 18:59 $805 548 0585
January 3, 1995
SEACOR-SLO
Agreement No. A-02-95=CA
Mr. Michael McCluskey
Director of Public Works
City of San Luis Obispo
955 Morro Street
San Luis Obispo, California, 93401
N
0 002
SECOR
Scio fee i• Eupiukarb[A alullxIS (*4apiRrllnn
Eluirrnnuenrrll L'n(nirning
Proposal No. P10-9501-02
SUBJECT: PROPOSAL FOR A PHASE II ENVIRONMENTAL ASSESSMENT.
MATHEWS PROPERTY3.SAN LUIS OBISPO, CALIFORNIA
Dear Mr. McCluskey:
In response to our recent telephone conversation and your request, SECOR International
Incorporated (SEEOR'} is pleased to present this proposal to conduct limited 'Phase U
assessment activities at the above referenced property. The Phase I assessment of the
property identified areas of environmental concern associated with the past and present use
of the VPA Auto facility as a gas station and automotive repair shop, respectively. The
purpose of the Phase U assessment activities is to evaluate whether potential past or present
releases of motor vehicle fuel, waste motor oil or parts cleaning. solvents have impacted soil
beneath this portion of the property.
Based on the additional site reconnaissance performed at the subject property, potential
environmental concerns were identified at the VPA Auto site as summarized below:
• Due to the age of the USTs, releases of fuel hydrocarbons may have occurred
near the former dispenser islands, product piping, and tank locations. No
previous soil sampling in the area of the USTs, the pump island, and product
piping has been performed. Visual inspection at the time of tank removal is
not deemed sufficient to determine potential soil contamination.
• No soil sampling has been performed in the area of the abandoned sump,. or
the interior sump and their associated pipes. The potential exists for soil
beneath the former wash rack to contain oil, grease, and heavy metals
associated with former steamcleaning operations.
• Based on the condition of the concrete floor and the visible indication of
waste oil spillage in the garage area in the western portion of the large metal
building, the potential exists for soil contamination beneath the concrete floor.
;4.37Cmpresa Urivr, Salle A, .ern Luis Obispo. CA 9,3407•1.3 5 1-W)5) 546 6155 1.4051 51/6 OM.1 r -IN
A -02 -95 -CA
01/03/95 17:00
$805 548 0583
Mr. Michael McCluskey
City of San Luis OWWPO
January 3, 1995
Page 2
SCOPE OF WORK
SEACOR-SLO
C'
in order to adequately evaluate the environmental concerns identified above, we recommend
a program of drilling, hand augering, soil sampling and laboratory analysis as described in
the following sections.
Health and Safety Plan Preparation
As required by federal OSHA regulations, a Site Health and Safety Plan (SHSP) will be
prepared to address the proposed site assessment. The SHSP will be prepared in accordance
with federal (29 CFR 1910.120) OSHA regulations for performing work at hazardous or
potentially hazardous waste sites. The SHSP will identify the potential physical and chemical
hazards associated with the subsurface assessment and will specify the appropriate level of
personal protective equipment. to be utilized, fell monitoring protocol and the criteria for
upgrading to a higher level of protection, if necessary. All SECOR personnel and
subcontractors associated with the subsurface assessment will be required to be familiar and
comply with all provisions of the SHSP.
A minimum of 48 hours in advance, Underground Service Alen (USA) will be contaraed to
arrange for underground utility locating. As an added measure of safety, rhe uppermost 5
feet will be excavated with a hand auger at each location to check for buried utilities. Three
soil borings will be drilled in the location of the two former gasoline USTs and the waste oil
UST using a truck -mounted, hollow -stem auger drill rig. The borings drilled in the location
of the former gasoline USTs will be advanced to a total depth of 25 feet below grade or to
the groundwater surface, whichever is shallower. The boring located near the former waste
oil UST will be drilled to a total depth of 15 feet below ground surface. Undisturbed soil
samples will be collected at five foot intervals of depth in the borings and retained for
possible laboratory analysis. The soil samples will be screened in the field for volatile
organic compounds using a portable Organic Vapor Analyzer. The borings will be logged
by a SECOR professional working under the direct supervision of a California Registered
Geologist.
Soil cuttings generated during drilling activities will be stockpiled on plastic sheeting in a
designated holding area at the site and covered, pending receipt of analytical results.
Alternatives for appropriate disposal of the cuttings will be evaluated once analytical results
19003
01/03/95 17:00
V805 546 0583
Mr. Michael McCluskey
City of Sae Luis Obispo
January 3. 1995
Page 3
SEACOR—SLO
u
are known. Following soil sampling, the borings will be sealed with a concrete slurry to
prevent migration of surface runoff into the borings.
Hand Aufering and Soil Sampling
Shallow borings will be excavated with a hand auger in the area of the former dispenser
islands, wash rack sump, interior sump, and wasteoil storage area where access to a drill
rig is limited. It will be necessary to core: through the concrete pavement in these area to
facilitate hand augering. It Is estimated that a total of 5 hand augered borings will be
excavated to a total depth of 10 feet below grade. Soil samples will be collected at.three foot
intervals of depth, packed into laboratory supplied sample jars and retained for possible
chemical analysis.
Groundwater nitoring 3V_-gli Instillation
Installation of groundwater monitoring wells is not proposed at this time. Should the results
of the soil sampling and analysis indicate the presence of widespread or deep soil
contamination, the need for groundwater investigation will be re-evaluated. In general, a
minimum of three monitoring wells are necessary to determine the groundwater flow
direction beneath a site. Because contaminants may migrate beneath the property from
adjacent or nearby_ upgradient sources, valid conclusions regarding groundwater
contamination originating on the property can only be reached by comparing data from both
an upgradient well and a downgradient well on the property..
Laboratory Analysis
Soil samples for chemical analysis will be selected from the borings based on visual
observations and field monitoring results. At this time, it is estimated that one "worst-case"
soil sample from each of the borings will be submitted to a state certified, hazardous waste
laboratory for analysis.
A total of four -soil samples obtained from the two borings drilled near the former gasoline
USTs and the two hand-augered borings near the former dispenser islands will be analyzed
for gasoline constituents including total petroleum hydrocarbons (TPH), benzene, toluene,
ethylbenzene, and xylenes (BTE7n in accordance with EPA Test Methods 8015M and 8020.
11004
01/03/95 17:01 $805 546 0583 #ACOR-SLO [Moos
® O
Mr. Mid uLd McCluskey
City of Sen Luis Obis+
Jeruery 3. 1995
Page 4
One soil sample obtained from the former waste oil tank area will be analyzed for total
recoverable petroleum hydrocarbons (EPA Method 418.1) and for total lead (EPA Method
7420).
Soil samples obtained from shallow borings near the interior sump, wash rack sump and
waste oil storage area (3 samples total) will be analyzed for Oil and Grease (EPA Method
418.1). solvents (halogenated Volatile organic compounds,. EPA Method 8010) and for total
lead (EPA Method 7420).
The remaining soil samples will be maintained under refrigeration and placed on hold (14 day
maximum holding time) pending the results of the initial analyses.
Phase 11 Report Preparation
The results of the soil sampling investigation will be. incorporated into a complete, stand-
alone assessment report. The report will describe the data collection methodologies, field
observations, laboratory analytical methods, analytical results and will include a discussion
of the results and conclusions regarding the property. Figures will include a site map;
sample location map and boring logs. The report will include certified laboratory reports and
will be signed by a Registered Geologist or Professional Engineer: Three copies of the final
report will be forwarded to the client following review of the draft report.
Cost Summary
'The cost breakdown for the Phase lI assessment activities is shown below.
Drilling and Soil Sampling;
Health & Safety Plan
lump sum
= $
125.00
Concrete Coring
3 holes. @ $52.00 per hour
= $
156.00
Drill Rig
4 hours.® $150.00 per hour
_ $
600.00
Drill Mobilization
1 hour @. $150.00 per hour
= $
150.00
Decontamination
1 hour @ $120.00 per hour
= $
120.00
Materials/Supplies
lump sum
= $
150.00
Grout Backfill
3 borings @ $65.00 each
= $
195.00
Staff Geologist
6 hours @ $65.00 per hour
= $
390.00
OVA Meter
1 day @ $75.00 per day
= $
75.00
01/03/95 17:01 V805 546 0583
Mr. Michael McCluskey
City of San Luis Obispo
]enuary 3, 1995
Page 5
Hand Augering andoil Sampling:
SEACOR-SLO
0
Concrete Coring
5 holes @ $52.00 per hour
= $
260.00
Field Equipment
1 day 0 $35.00 per day
= $
35.00
Staff Geologist
6 hours @ $65.00 per hour
= $
390.00
Laboratory Analysis:
TPHgas/BTEX
4 samples ® $75.00 each
= $
300.00
Oil and Grease
4 samples ® $50.00 each
-= $
200.00
Solvents
3 samples 6 $115.00 each
= $
345.00
Total lead
4 samples 0 $20.00 each
= $
80.00
RepQrt Preparation/Project Management
Registered Geologist
I hour @ $95.00 per hour
= $
95.00
Staff Scientist
6 hours f& $65:00 per hour
= $
390.00
Drafting
4 hours a $40.00 per hour
= $
160.00
Clerical
2 hours Q $35.00' per hour
= $
70.00
Project Management
2 hours ® $85.60 per hour
= $
176.60
TOTAL COST (Not to Exceed):
Schedule and Conditions
= $ 41456.00
The costs shown above represent not to exceed .fees based on the scope of services outlined
herein. Should unforeseeable site conditions require a different approach or additional work,
this estimate may need to be revised. We would notify the Client of any major changes in
the proposed scope of work prior to initiating such a change.
It is expected that work on the project can begin within five working days following
authorization with the report available within approximately five working days following
receipt of laboratory reports. This fee quotation will remain in effect for ninety (90) days.
The receipt of an authorized Purchase Order from the City of San Luis Obispo will constitute
authorization to proceed on the prnject.
Q 006
01/03/95 17:02
$805 546 0585
•
Mr. M'tohaet McCluskey
City of San Luis 06iapo
JaWery 3, 1995
Page 6
SEACOR—SLO
N
Thank you for your consideration of this proposal. If you have any questions, or would like
to discuss any portion of this proposal in greater detail, please contact this office at your
convenience.
Sincerely,
SECOR International Incorporated
Steve Little, A
Principal Geologist
p opamti1/";%h bVW4.PrP
Q 007
01/03/95 16:59
$805 548 0583
i
SEACOR-SLO
SECOR0AU,
N
3437-A Empresa Drive
San Luis Obispo, California 93401
Phone
(805) 546-0455
- FAX
(805) 546-0583
To: Mr. Michael McCluskey From: Steve Little
Company: City of SLO
Dept. Public Works
FAX No.: (805) 781-7198
Phone No.:
Date: January 3, 1995
Time:
Job No:
Pages (Including Cover): 6
Verified With: By:
Comments:
Proposal for Phase H assessment. Original will be mailed.
Please call me if you have any questions.
Best regards
CAwp51X. rk%fax=verXn,
1@001
CAO REPORT TRAN, nAMTTAL ErhibitA
This form should be completed itt kstble handwriting
Date Received
PURPOSE (Check one—sce reverse side for required documentation)
— Admin Use Only —
a Authorize Invitation for Bids (IPB) or Request for Proposals (RPP)
After GAO approval, the City Clerk will return the original submittal packge to the initiating department and publish the
notice inviting bids or requesting prcpcsaLc printing and distributing the IFB or RFPpackage to prospective bidders is the
responsibility of the initiating department.
Recommended Vendor
2SJoAward Cntract P.
After GAO approva4 the City Ci will snake two (1) copies of the complete transmittal (excluding the proposed
agreement and the bidder's proposal if it is ti large. separately bound document) and distribute as follows: original to be
retained by the City Clerk: one (1) copy to Finance: and one (1) copy to the initiating department.
Are there any special award circumstances? Yes F—I No'"'C
Ifyes. a GAOReport describing them should be attached
F7Other Action Requiring CAO Approval (See reverse side for description)
The initiating department should indicate in this space the appropriate distribution after CAO approval.
REQUEST SUMMARY
Report Title
Finance
Specification No.•
IA :5 5 �'rzb >' E QT
/� C 15 1 r, zv
-11—
Initiating Department
Dc artmc 119A Avlf&aY
Transtpittal Date
6L WDr21GS
r'v6ek^r
/ S
Financial Plan Reference
Budget
Bid timate
Bid Ainount
s 4-0GDU
is
$ �- ¢s6 .
' All formal IFB or RFPpackages must be assigned a specification nunfier by the City Clerk's Office before submitting this form.
APPROVALS (Check appropriate box if review is reouircd—sec reverse side fnr ouidance)
—Department of:
Finance
0
0�
Department of:
City Attorney
0
City Engineer
Assist t
� ft
PersonnelAdministrative
Of t cr
Date
0
i r u cP
Routing will occur in the order listed unless otherwise notyd'6y the initiating
REVIEWER COMMENTS
Attach additional pages as
City Cleric use only — IFII or RFP packages and eontraets
Received By Date File Ref No. Cit CUrk Date
1 r0 95 A -p2 -q5 j
INSTRUCTIONS,
See Section 7_+Sof the Financial Afanagement Manual for complete guidelines for preparing and processing CAO Reports.
AUTHURILE 1FH UK KFF MUCESJ — RLUUIKEI) NI-IAUHMENIN `
CAO Report authorizing invitation forbids or request for,proposals process
LLLJ Bidders list
Invitation forbids (IFB) or request for proposal (RFP) package
See Section 250 of the Financial. Management bfanual for information regarding the City's standard 1FB and RFP documents.
Check box if required documentation is attached
AWARD CONTRACT — REQUIRED ATTACHMENTS •
EDSummary matrix of bids or proposals received
Original of the bidder's proposal document
Return original of all unsuccessful proposals directly to the City Clerk's Ofce
L� Original of the proposed agreement
Copy of CAO or Council Agenda Report originally authorizing IFB or RFP process
Budget Amendment Request form
This may not be required for operating expenditures such as supplim equipment. or operating dt maintenance services where
sufficient budgetaryauthorization for the purchase already exists.
LLJ CAO Report describing special award circumstances
This memorandum is ONLY required when there are special circumstances regardingthe momntended contract award.
Generali}: this would include: any recommended aii and that is not based on the lowest cost proposal received oris in exars of
the approved bid estimate: waivers in bid requirements. rejection of bids. and RFP approaches to the purchasing process.
• Check bar if required documentation is attached
UESCK1F'HUN OF UTHEK ACIIUNJ K1:UU1K1NU CAU A FKUVAL
Organizational changes and any related reclassifications
• Requests to fill vacant positions if "hiring freeze" is in place
• Budget requests such as the use of venture's & contingencies or operating program carry—over
• Other significant management or policy decisions
UU11.)E FUR WHEN 0114FAR MENIAL HEVIL'W 1J USUALLY KL't.lUIHJ 1J
Other Operating Departments
City Engineer
Personnel
Finance
City Attorney
Assistant CAO and CAO
w Two spaces are provided for the concurrence of other
departments affected by therecommended action
NO- Construction projects
ml� Actions tha t affect staffing, labor relations, or deviate from
standard insurance requirements
0- Requests that affect the City's financial condition, revenues,
budget appropriations, or purchasing procedures
w Contracts & otheraclions with significant legal implicmtions
W All CAO Reports_
January 5, 1995
TO: John Dunn, City Administrative Officer
FROM: Mike McCluskey, Director of Public WorksiD��
SUBJECT: Mathews Property Acquisition
DISCUSSION:
As .you know, I have been the lead person in the negotiations for the
acquisition of the Mathews property. We have completed a Phase I
analysis of the site, and that analysis concludes that there is the
potential for contamination near the VPA Auto site. As a result of that
potential contamination, both the client and I (in conjunction with Jeff
Jorgensen) have agreed that additional testing of the area around VPA
Auto is warranted prior to conclusion of any negotiations. I have asked
the firm SECOR, which did our Phase I work, for a quotation to proceed to
this limited Phase II analysis. Their quotation for services was $4,456.
In order to proceed to the next stage of negotiations, the City must have
this work accomplished and a cost estimate in -hand of the cost to clean
up the site. In negotiations with the representative of the property
owner, it appears at this time that the price of the property will not
include cleanup and that the property owner is anticipating the City will
be responsible for the cleanup costs. This is not a conclusion of the
negotiations, but simply a statement of fact as to where we are at this
point in time with our negotiations.
I,.therefore, request Ventures and Contingency funding in the amount of
$4,456 to allow this testing to proceed. Attached is a budget amendment
request, should you agree to this request.
Attachment:
mathews/mm4
budget amendment request
illillllllll���u���lllal� ��l city of san tuts oi�_ �o I
BUNCt amendment REquest
NUMBER
REQUESTING DEPARTMENT FUND AMENDED FUND NO.
p Pt doll 1L DYL1L5 - fMA N�
REVENUES
ACCOUNT DESCRIPTION
DEPT.
OBJ:
SUB -OBJ.
CURRENT
BUDGET
PROPOSED
AMENDMENTS
AMENDED
BUDGET
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ACCOUNT DESCRIPTION
DEPT.
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DATE:
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DATE
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