HomeMy WebLinkAboutD-1578B Industrial Way Right of Way - 053-231-035 - 053-231-036 Recorded 12/16/2002Recording Requested by
and when recorded, return to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401.
JULIE RQDEWALD
San Luis Obispo County- Clerk/Recorder
Recorded at the request of
! Public
d:zoazinms
DEED OF EASEMENT
(Industrial Way Right of Way)
^SK
12/16/2002 !
8:23 AM
Titles: 1
Pages: 6
Fees
0.00,
Taxes
0.00
Others
0.00
PAID
$0.00
i
APN: 053- 231 - 035, 053 -231 -036
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Scott R.
Lathrop and Ellen A. Lathrop, Husband and Wife, as Joint Tenants hereby GRANT to the City of
San Luis Obispo, a California Chartered Municipal Corporation, as GRANTEE, an irrevocable
easement for public street and utilities purposes over a portion of that certain property described in
Document No. 1999 - 017582, filed for record on March 4, 1999, in the Official Records in the
Office of the County Recorder, City of San Luis Obispo, County of 'San Luis Obispo, State of
California described as follows:
[See attached Exhibit A]
/INJ�V�j�TNESS REO�F,QG(IRANTOR hereunto caused its /their name(s) to be subscribed this
2002
a
/ OIl
Lathrop, Ellen A. Owner
(Attach Notary Certificate)
iAdocument management\ ... \dev rev \broad 3807 - easement, right -of -way dedication.doc
bi5-18
EXHIBIT "A"
LEGAL DESCRIPTION
(An 18.3 meter wide Street Right of Way)
That portion of Lot 85 of the. San Luis Obispo Suburban Tract, in the County of San Luis
Obispo, State of California, as. shown on the map filed. February 6, 1906 in Book 1, Page
92 of Records of Surveys, in the Office of the County Recorder of said County, excepting
there from that portion of said land described in the deed to the State of California
recorded April 11, 1975 in Book 1827 at Page 577 of Official Records, more particularly
described as follows:
BEGINNING at the Northeasterly corner of the property described in a deed, to the City
of San Luis Obispo recorded December 30, 1999 as document 1999 - 089905 of Official
Records; thence
Southerly along a curve concave to the East through a central angle of 0 °33'58" an
arc length of 21.248 meters more or less; to the true point of beginning; thence
Continuing Southerly along the said curve concave to the East through a central angle
of 0'34'13" an arc length of 21.405 meters; to the beginning of a non - tangent curve
concave to the Southwest; thence
Westerly along the curve through a central angle of 91 °44'42" an arc length of 4.804
meters more or less; to a point on a line tangent to said curve having a bearing of
South 66 °31'51" West; thence
South 66 °35'25" West a distance of 120.650 meters more or less; thence
North 23 °24'35" West a distance of 39.520 meters more or less to the Northerly Line
of Lot 85 of said Surburban Tract; thence
North 66 °35'25" East a distance of 125.411 meters more or less to the point of
beginning.
EXCEPTING THEREFROM that portion of land described in the deed to the City of San
Luis Obispo recorded December 30, 1999 as document 1999 - 089905 of Official Records,
containing 0.279 hectares more or less.
Michael D. McCluskey, RCE 22601 e . 12- 31 -05) Date
a too. 22601
Of CAL
EXHIBIT "A" •
LEGAL DESCRIPTION
(An 18.3 meter wide Street Right of Way)
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CALIFORNIA ALL-PURPOSE
0
State of
County of
On 5 D before me, ,
DATE NAME. TITLE OF OFFI ER - .. -JANE Dif, NOTARY PUBLIC -
personally appeared Ad&. ,
NAMES) OF SIGNER(S)
R/personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the erso whose name Vie
subscribed to the within instrument and ac-
knowledged to me that heeler executed
the same in his /4@*4heir authorized
KELLY ANNE WEST capacitykiee); and that by hi
CL �' >: COIIiM. #1203990 signature(,£r) -on the instrument the person(
Notary Public - California '
SAN LUIS OBISPO COUNTY i or the entity upon behalf of which the
°,•.o.. My Comm. Exp. Dec. 6, 2002 person(s) acted, executed the instrument.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONS) OR DMTY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
PIE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
CALIFORNIA ALL- PURPOt ACKNOWLEDGMENT
State of
County of
On /U 1-- before me,
Date
personally appeared -�Y1 4
Title of Officer (e.g.,
Public ")
Name(s) of Signer(
e sonally 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),
LEE PRICE or the entity upon behalf of which the person(s) acted,
Commission 1220447 Z executed the instru ent.
Notary Public - Cal'rfomia
San Luis Obispo County
MYComrn.6�Wt�ry21,2 i WITNESS,�Iy h d an ffic' sal.
of
OPTIONAL �s
Though the information below is not required by law, it may prove valuable to persons relying on the document and could, prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Doc
Title or Type of Docu
Document Date: l
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by
Signer's Name:
❑ Individual
El Corporate Officer
Title(s):
❑ Partner — ❑ Limited 0 General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
S)
RIGHT THUMBPRINT
OF SIGNER
umber of Pages: _
is Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
• Attorney -in -Fact
• Trustee _
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
0 1994 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 - 876.6827
CERTIFICATE OF ACCEPTANCE
{ --
THIS IS TO CERTIFY that the interest in real property conveyed by DEED OF EASEMENT
(Industrial Way Right of Way) dated November 25, 2002, from Scott R. Lathrop and Ellen A.
Lathrop, 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.
December 9, 2002
ATTEST:
Lee Price, C..
1 City Cle&''
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
END OF DOCUMENT
AGREEMENT
yt Deceib 6e►-
This agreement ( "Agreement ") is entered into this 12.- day of r 2002, by and
between the City of San Luis Obispo, a California Charter City and Municipal Corporation
( "City "), on the one part, and Scott Lathrop ( "Lathrop "), on the other part.
A. City, as buyer, and Lathrop, as seller, formerly executed that certain Purchase and
Sale Agreement (Lathrop Property - San Luis Obispo, CA) on or about November 1999, a copy
of which is attached hereto as Exhibit `B" and incorporated herein by this reference.
B. The parties to this Agreement now desire to supersede the terms and conditions of
Paragraph 10 of the Purchase and Sales Agreement in order to facilitate the construction of street
improvements by the City at this time on the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the foregoing recitals and for other
..consideration, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed
as follows:
The language in Paragraph 10 of the Purchase and Sales Agreement is hereby
superseded in its entirety and is completely replaced by the following terms:
A. Lathrop shall dedicate the real property shown as "R/W" on the
attached Exhibit "A" as Industrial Way for use as a right -of -way
upon the execution of this Agreement by City. City shall
immediately accept such dedication by Lathrop. City shall
construct half street paving plus, sidewalk, curb and gutter on the
City side of the street right -of -way and, at a minimum, an
additional twelve feet of paving past the centerline of the street, all
in accordance with the standards of City of San Luis Obispo
( "Improvements ").
B. Upon execution of this Agreement, Lathrop shall contribute the
sum of $25,000 towards the construction of the street
improvements outlined in item I.A. above. Lathrop agrees to
make payment by way of cashier's check made payable to the City
of San Luis Obispo. City agrees to have all improvements outlined
in item LA. above completed upon acceptance of the Sports Field
Project by the City Council.
C. The City agrees that it shall notify Lathrop or his successors a
minimum of 48 hours in advance of any disruption, due to
construction, of telephone and/or electrical utility service to
Lathrop's property. Such telephone and/or electrical utility service
shall not be interrupted for more than eight (8) consecutive hours.
2. None of the terms of this Agreement shall supersede in any way the terms
and conditions of approval for Tentative Tract No. 99 -307.
3. Except as set forth in paragraph 1 above, all other terms and conditions of
the Purchase and Sales Agreement shall remain unchanged.
Dated:
:e_- ,.bejZ , 2002
ATTEST:
Deputy City Clerk_ Dia(ne) Reynolds
APPROVED AS TO CONTE T:
Public Works Director
Dated: December /Z; 2002
CITY OF SAN LUIS OBISPO
By: -a2a
David F. Romero
Mayor
• • "Qv -1 11 AD �• • ' /'
LIM
ROY 09DEN, ESQ.
EXHIBIT "A" .? `
LEGAL DESCRIPTION
(An 18.3 meter wide Street Right of Way)
Page 2
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EASEMENT PER
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EASEMENT PER
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A-
Doc No: 1999��39 Rpt No: 00103121
RECORDING REQUESTED BY Official Records ; NF -1 0.00
CITY OF SAN LUIS OBISPO San Luis Obispo Co. ;
Julie L. Rodewald ;
WHEN RECORDED MAIL TO: _ Recorder i
Nov 24, 1999
City of San Luis Obispo Time: 15 14
Attn: Paul LeSage
1341 Nipomo Street TOTAL 0.00
San Luis Obispo, CA 93401
APN: n171p -3 21 D I O JP EM
PURCHASE AND SALE AGREEMENT
(Lathrop Property - San Luis Obispo, CA)
THE CITY OF SAN LUIS OBISPO ( "Buyer "), a California Charter
Municipal Corporation, hereby agrees to purchase, and SCOTT
LATHROP ( "Seller "), hereby agrees to sell, all of Seller's
right, title and interest in that certain real property in
the 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 Two
Hundred Thirty -One Thousand Dollars ($231,000.00). The
purchase price shall be payable.as follows:
(a) By Buyer paying the purchase price in the.form'of
a cashier's or certified check or wire transfer, 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. _.
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:
(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
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have ten (10) days after the receipt of the Preliminary
Title Report, and copies of all documents 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 the 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
0 0
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 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 cots 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 December 31,
1999, unless extended by mutual agreement.of the parties,
or as otherwise provided herein.
(b) Escrow Holder. Within ten (1.0.) 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 First American Title Company, 899 Pacific.._
St.., San Luis Obispo, CA. 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)—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.
(d) Title Insurance. Title to the Property shall be
conveyed by Grant Deed. Title to the Property shall be
3
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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 First American.Title Company the cost of
the CLTA policy. Buyer may elect to have title insured by
an ALTA policy of title insurance, provided that the Buyer
shall pay that portion of the premium which exceeds the
costs of a CLTA standard coverage policy of title
insurance. Buyer shall also pay the cost of any survey.
(e) 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.
4. 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) Proof of Citizenship. Seller is not a foreign
personas 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
shall be delivered by. Seller to Buyer upon
Escrow. Seller shall have the right prior
- escrow to remove all personal property. and
if any, provided the Property is left in a
tenantable condition.
of the Property
the close of
to the-close of
trade fixtures,,
sound and
(d) Legal. Actions. Seller represents and warrants
that there are no actions, suits, or legal proceedings
4
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,
transportation, storage treatment or disposal of solid
wastes or hazardous wastes by Seller, including, but not
limited 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
at all times been conducted -in compliance with all
applicable federal, state, local or foreign laws,
ordinances,- regulations, orders and other requirements
governmental authorities 6,n-matters-relating to the-
environment.
(iii) There has been no spill,
release, cleanup or contamination of or b y
toxic waste or substance used, generated,
5
have
Of
discharge;
any hazardous or
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;
(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.
(vii) There are no soil or geological conditions
which might impair or adversely affect the current use or
future plans for use of the Property.
5. Notices
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 _..
Paul LeSage, Parks and
Recreation Director
1341 Nipomo_St. _ -- - --
San Luis Obispo, CA 93401
TO SELLER_: Scott. Lathrop - - - --
1619 LaUineda
San Luis Obispo, CA 93401 - _ - --
The foregoing addresses may be changed by- wtitten 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 on the United
States mail.
G
6. 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 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. Seller has an agreement
to pay to Rossetti Company a sales commission at the close
of escrow.
7. 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 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
this Agreement are for reference only and shall not be
deemed to define or limit the scope or intent of any of
terms, covenants,-'conditions or agreements contained
herein.
8. Entry
in
the
With respect to Paragraphs 2 and 5, Buyer,.its agents
and authorized representatives shall have the right=to =_- -
enter onto the Property 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 Sel -ter 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
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•
satisfy and discharge such lien
expense upon demand therefore by
repair any and all damages to the
such tests and inspections.
9. Structures.
•
at'its sole cost and
Seller. Buyer shall
Property caused by any
Seller shall remove all structures from the Property,
excluding foundations, prior to close of escrow.
"Structures" shall include, but not be Limited to,
underground tanks or structures, if any.
10. Street Improvements.
As part of the consideration for this Agreement; upon
annexation of Seller's remainder property to the City of
San Luis Obispo, Seller shall dedicate and construct the
street improvements shown on Exhibit A, including but not
limited to, a "T" intersection, roadway, and curb, gutter
and sidewalk along all street frontages of Buyer's
property, in a manner and according to the standards of the
City of San Luis.Obispo. In order to insure completion of
the above street improvements, Seller shall, prior to the
close of escrow, provide Buyer with a letter of credit in a
form acceptable to buyer in an amount equal to the
estimated actual cost of said improvements. In the event
the annexation of the Seller's remainder property does not
occur within twelve- months of the close of escrow,-through
no fault of Seller, and after diligently pursuing said
annexation, then the obligation to install the above -
described street improvements shall cease and the letter.-.of,
credit may be released; provided, if the -City of San Luis
Obispo is diligently pursuing said annexation in its --
capacity as a municipal corporation, and the.annexation is
delayed through no fault of the.City,,then Seller's _
obligation to complete the street improvements and provide_ -'_
a letter of credit shall be extended for an additional six
months beyond the initial twelvemonth period.
-11. Creation of Legal Parcel.
It is contemplated between the-parties that the -
property described in Exhibit A will be conveyed by way of -
a government lot, at the sole cost of Seller, or other
similar lot division, should the Parties so agree.
K
12. Survival.
The warranties, representations.and agreements made in
this Agreement shall survive the close of escrow.
"SEL R" ,�
'1
OTT LATHROP
"BUYER"
CITY OF S
By: -
Allen
Mayor
Date: No,
J LUIS OBISP
K. Settle
of the City of San Luis Obispo
,-ember 161, 1999
0
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Lot 85 of the San Luis Obispo Suburban Tract, in the County of
San Luis Obispo, State of California, according to the map filed February 6, 1906
in Book 1 at Page 92 of Record of Surveys, in the Office of the County Recorder
of said County, excepting therefrom that portion of said land described in the
deed to the State of California recorded April 11, 1975 in Book 1827 at Page 577
of Official Records, more particularly described as follows:
Beginning at the intersection of the southwesterly line of the property described
in said deed to the State of California with a line offset 30.00 feet northwesterly
from the southwesterly prolongation of the centerline of Industrial Way as said
road is shown on the map for Tract 2133 filed in Book 17 of Maps at Page 94 in
said Recorder's Office; thence parallel with the northwesterly line of said Lot 85
1. South 66 °35'25" West (record South 65 °10' West per said Record of Survey)
a distance of 328.12 feet to the beginning of a tangent curve concave
northerly having a radius of 20.00 feet; thence leaving said parallel line
2. westerly along the arc of said curve through a central angle of 90 °00'00" an
arc length of 31.42 feet; thence
3. North 23 024'35" West a distance of 49.62 feet more or less to the
northwesterly line of said Lot 85; thence along said northwesterly line
4. North 66 035'25" East (record North 65 010' East per said Record of Survey) a
distance of 351.33 feet more or less to the southwesterly line of the property
described in said deed to the State of California and the beginning of a non -
tangent curve concave northeasterly having a radius of 7055.00 feet, a radial
to said curve bears_ South 69°31'02" West; thence along said southwesterly
line
5. southeasterly along the arc of said curve through a central angle of 0033'58
an arc length of 69.71 feet more or less to the Point of Beginning containing
0.56 acres more or less.
Said property is shown graphically in Exhibit °A° page 2 of 2 attached hereto and
incorporated herein by reference.
' 1 HAEI !;. STANTON
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R R M D E S I G N G R 0 U P PLAT
Architecture • Planning • Engineering • Survey4 - Maims • Landscape Architecture OF A poR770iv OF LOT 85 OF
=I South ffigum Street, San Luis Obispo, California 9340I 805 /543-1794 1 —RS -92
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END OF DoCuMU
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SIDEWALK BY LATHROP
Ljj%Arnlkl OLIRLAZ
0 30 60
1 inch = 60 feet
120
R R M D E S I G N G R 0 U P PLAT
Architecture • Planning • Engineering • Survey4 - Maims • Landscape Architecture OF A poR770iv OF LOT 85 OF
=I South ffigum Street, San Luis Obispo, California 9340I 805 /543-1794 1 —RS -92
• Jwy MicbwL = 3M. Ls am. MkMd ftntm KS 6=- 11-4-99 P99442 PACE 2 OF
END OF DoCuMU