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HomeMy WebLinkAboutD-1874 Calle Joaquin Recorded 12/02/2010No Recording fee per Government Code 6103 APN: 053- 171 -013 & -031 GRANT DEED (CALLE JOAQUIN) t E Palo EXEMPT OW TE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow e ge , City of San Luis Obispo, a chartered Municipal Corporation ( "Grantor ") does hereby GRANT to OCEAN PARK HOTELS -SLO2, LLC, a California Limited Liability Company ( "Grantee ") all interest in real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: That certain real property owned in fee by the City of San Luis Obispo which was abandoned by .San Luis Obispo City Council Resolution Number 10082 (2009 Series) recorded I Z 1212010 as Instrument Number Zo 10 06 f3 0Z of Official Records in the Office of the County Recorder of said County. Said resolution is attached hereto as Attachment 1 and made a part hereof. SUBJECT TO the reservation and exception of easements recited in said Resolution. GRAN'T'OR: City of San Luis Obispo, a chartered Municipal Corporation By: David �FRo�mero, Mayor 121 12010 Date ��14 -JULIE RODEWALD IF Clerk/Recorder San Luis Obispo C00— 12/02/2010 Recorded at the request 11:19 AM Public Recording Requested D 0 C # : � 201006 3O5 Titles: 1 Pages: 9 by and when recorded return to: Fees 0.00 City Clerk. Taxes 0.00 City of San Luis Obispo Others 0.00 990 Palm Street PAID $0.00 San Luis Obispo, CA 93401 - - -- T— - -- — - -- — - -- No Recording fee per Government Code 6103 APN: 053- 171 -013 & -031 GRANT DEED (CALLE JOAQUIN) t E Palo EXEMPT OW TE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow e ge , City of San Luis Obispo, a chartered Municipal Corporation ( "Grantor ") does hereby GRANT to OCEAN PARK HOTELS -SLO2, LLC, a California Limited Liability Company ( "Grantee ") all interest in real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: That certain real property owned in fee by the City of San Luis Obispo which was abandoned by .San Luis Obispo City Council Resolution Number 10082 (2009 Series) recorded I Z 1212010 as Instrument Number Zo 10 06 f3 0Z of Official Records in the Office of the County Recorder of said County. Said resolution is attached hereto as Attachment 1 and made a part hereof. SUBJECT TO the reservation and exception of easements recited in said Resolution. GRAN'T'OR: City of San Luis Obispo, a chartered Municipal Corporation By: David �FRo�mero, Mayor 121 12010 Date ��14 0 city of sAn Luis oBispo 990 Palm Street, San Luis Obispo, CA 93401 -3249 STATE OF CALIFORNIA ) )ss COUNTY OF SAN LUIS OBISPO ) On December 1, 2010, before me Elaina. Cano, City Clerk, personally appeared David F. Romero, Mayor, CITY OF SAN LUIS OBI PO, who proved to me on the basis of satisfactory evidence to be the person( w ;se2ame(X s/a(subscribed to the within instrument and acknowledged to a th t e/ e/ y executed the same in his/h(theWauthonzed capacity(, and that by his r/ er signature(�on the instrument the person( or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature (�L City Clerk (Seal) �EThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. ` Telecommunications Device for the Deaf (805) 781 -7410. -0 1 0 RESOLUTION NO. 10082 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO VACATING A PORTION OF THE CALLS JOAQUIN RIGHT-OF-WAY, SUBJECT TO RESERVATION OF UTILITY EASEMENTS WHEREAS, the Planning Commission, as required by Section 65402 of the California Government Code, made certain findings that the location, purpose, and extent of the proposed abandonment (vacation) of a portion of Calle Joaquin is in conformance with the adopted General Plan, as prescribed in Planning Commission Resolution No. 5515 -09; and WHEREAS, the portion of Calle Joaquin proposed for vacation has been superseded by relocation; and WHEREAS, the relocated Calle Joaquin provides access to adjoining properties; and. WHEREAS, easements are being reserved to accommodate existing utilities; and WHEREAS, the proposed vacation meets the requirements of a summary vacation per Section 8330 of the Streets and Highways Code; and WHEREAS, the summary vacation procedure permits vacation of a street without public notice or hearing; and WHEREAS, the City entered into a Right -of -Way agreement approved by City Council on May 3, 2005, requiring, in part, that Ocean Park Hotels dedicate Right -of -Way for the future on and off -ramps for US Highway 101 at Los Osos Valley Road in exchange for the vacation of the Calle Joaquin Right -of -Way. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The portion of Calle Joaquin as described on Exhibits A and C and shown on Exhibits B and D, attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. The portion of Calle Joaquin as described in County of San Luis Obispo Board of Supervisors' Resolution No. 67-404 recorded on September 7, 1967, in Volume 1448 of Official Records Page 67 in the Office of the County Recorder of said County, State of California, incorporated herein by reference, is not necessary for present or future public street purposes. SECTION 3. The vacation of said Right -of -Way is made pursuant to Section 8335 of the California Streets and Highways Code. SECTION 4. From and after the date this resolution is recorded, said portions of the Calle Joaquin Right -of -Way no longer constitute a street. R 10082 0 0 Resolution No. 10082 (2009 Series) Page 2 SECTION 5. Pursuant to Section 8340 of the Streets and Highways Code, easements over the entire vacated Calle Joaquin Right -of -Way are hereby reserved and excepted from said street vacation on behalf of the City of San Luis Obispo, ConocoPhillips, Charter Communications, AT &T, PG &E Company, and The Gas Company to construct, operate, maintain, replace, remove, repair, renew, and enlarge their water, sewer, petroleum, cable television, telephone, electric, and gas facilities, and for incidental purposes including access. SECTION 6. Ocean Park Hotels shall execute a grant deed to the City of San Luis Obispo for the Right -of -Way to accommodate the future on and off -ramps for US Highway 101 at Los Osos Valley Road. Said grant deed shall record concurrently;with this resolution. SECTION 7. Upon notification from. the Director of Public Works to the City Clerk that the conditions prescribed in Section 6 have been met, the City Clerk shall cause a certified copy of this Resolution of Vacation, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. SECTION 8. The Mayor and City staff are authorized to take action necessary to carry out the intent of, this resolution, including conveying the vacated portion of Calle Joaquin to' the adjacent property owner. Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council` Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 19'' day of May 2009. ATTEST: APPROVED AS TO FORM: 1 P. Lowell City Attorney Mayor David F. Romero EXHIBIT A PARCEL. r1 U A PORTION OF OLD CALLE JOAQUIN, BEING ALSO A PORTION OF LOT 69 OF THE SUBDIVISIONS OFTHE RANCHOS CANADA DE LOS OSOS AND LA LAGUNA IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ACCORDING TO MAP BOOK A, PAGE 83: IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL -4 OF PARCEL MAP SL 79 -069 ACCORDING TO PARCEL MAP BOOK 34, P46E 20 BEING ON THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED BY DEED BOOK 'G', PAGE 446 AND ALSO ON THE WEST LINE_ OF SAID OLD CALLE JOAQUIN; THENCE ALONG SAID WEST LINE, NORTH 31c'07' 35' WEST, 53.24 FEET; THENCE, NORTH 22° 56' 40' WEST, 50.00 FEET; THENCE, NORTH 41° 14' 20' EAST, 91.34 FEET TO THE WEST UNE OF CALIFORNIA STATE .HIGHWAY 101; THENCE ALONG SAID LINE, SOUTH 210 21,125" BAST, 130.32 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED BY DEED BOOK 'G', PAGE 446;. THENCE ALONG SAID LINE, SOUTH 570 18',370 WEST, 72.08 FEET TO THE POINT OF BEGINNING AND CONTAINING 9,167 SQUARE FEET, MORE OR LESS.: - JULY 2, 2008 '' l � � ; 1 ' o a PL84283 Exp. 8190! /0 LS 4283 EXP 6 -30 -2010 �a / EXHIBIT B PORTION. OF CALLE JOAQUIN TO BE VACATED BY THE CITY OF SAN LUIS OBISPO BEING A PORTION OF LOT 69 OF RANCHO CANADA DE LOS OSOS AND LA LAGUNA (A- MAPS -83) CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO STATE OF CALIFORNIA %` LS Ms) 4283 0.41 �v CITY LIMITS (TYP) •20°E g�� m ,P PARCEL A . I :9167 SQ FT H 'N� :l S57'18'3'rW 7208' - Q r I J Or o 0 7 v13 Q 30' ACCESS & UTILITY S31'07'350E 21.46' EASEMENT FOR PARCEL 1 OF PM 34 PM 20 8.62' r �r r o 1444 —OR -250 r 31 M1 1 r t ssrl 8'37°w 145.20' 143.18' i N J ,� f- -0 o AV A 0 40' od 1 7208' - Q r I J Or o 0 7 v13 Q EXHIBIT C' PARCEL B • PORTION OF OLD CALLE JOAQUIN, BEING ALSO A PORTION OF LOT 69 OF THE SUBDIVISIONS OF THE RANCHOS CANADA DE LOS OSOS AND LA LAGUNA IN THE CITY AND COUNTY DF SAN LUIS OBISPO, STATE OF CALIFORNIA ACCORDING TO MAP BOOK A, PAGE 83 IN THE OFFICE OF THE RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF PARCEL 4 OF PARCEL MAP SL 79 -069 ACCORDING TO PARCEL MAP BOOK 34, PAGE 20 BEING ON THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED BY DEED BOOK 'G', PAGE 446 AND ALSO ON THE WEST LINE OF SAID OLD CALLE JOAQUIN; THENCE ALONG SAID WEST LINE, SOUTH 310 07' 35" EAST, 21.46 FEET: THENCE, SOUTH 250 10' 30" EAST, 151.42 FEET TO THE EASTERLY PROJECTION OF THE NORTHERLY LINE OF PARCEL 3 OF SAID PARCEL MAP, THENCE ALONG SAID PROJECTION, SOUTH 570 18' 37' WEST, 2:02 FEET; THENCE ALONG THE EAST LINE OF SAID PARCEL 3, SOUTH 250 10' 30' EAST, 98.47 FEET TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 168.00 FEET; THENCE FROM A SEMI-TANGENT BEARING OF SOUTH 25° 08' 43' EAST ALONG SAID CURVE, SOUTHERLY AND TO THE RIGHT THROUGH A CENTRAL ANGLE OF 480 54' 42" FOR AN ARC LENGTH OF 143.42 FEET TO THE EAST CORNER OF PARCEL 2 OF LLA .99 -95 RECORDED AS INSTRUMENT NUMBER 1995- 050290; THENCE ALONG THE EASTERLY PROJECTION OF A RADIAL LINE, SOUTH 660 14' 01' EAST, 52.00 FEET TO THE WEST LINE bF CALIFORNIA STATE H16WWAY 101 AND A NON - TANGENT CURVE CONCAVE WESTERLY WITH A RADIUS OF 220.00 FEET; THENCE FROM A SEMI - TANGENT BEARING OF NORTH 23° 45' 59" EAST, ALONG SAID WEST UNE AND SAID CURVE, NORTHERLY AND TO THE LEFT THROUGH A CENTRAL ANGLE OF 45° 07' 24' FOR AN ARC LENGTH OF 173.26 FEET; THENCE NORTH 210 21' 25" WEST, 296.15 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED AND CONVEYED BY DEED BOOK 'G", PAGE 446; .THENCE ALONG SAID SOUTH LINE, SOUTH 570 18' 37" WEST, 72.08 FEET TO THE POINT OF BEGINNING.AND CONTAINING 25,336 SQUARE FEET, MORE OR LESS. JULY 2. 2008 a PLS4283 LS 4283 EXP 6-30 -2010 Exp. W30/ !o C t CITY UMITS ;i tom') Po S57-18"JrW Q 1� OF S.LO. m..• �,+ '�° S31 7 'E .7 , ® OF 5' ACCESS R pq► i 21.48 CITY M 34 PIA 20 1444 -4R -250 b 55716-370V rl cv LIJ t :o s5"e.� 145.2,0'•_ - _ vt3-lie P A 9--95 INST: r D ey: . � �,o 2000- 033973. �2� ass F� LS 4283 > Exp Ali or L i EXHIBIT D �.� f ' � "SsoB T/ PORTION OF CAVE JOAQUIN Lrs1'•42' TO BE VACATED BY SAN LUIS 0815P0 40 0 R -22a.a 4° THE A PORl10N OF LOT 69 Z, e• X45'07 2 BEING E LOS L=173.26' OF RANCHO CANAD A D ao� OSOS AND !A LAGUNA (A- MAPS -83) OF SAN LUIS OBISPO QTY LUIS OBISPO 50' COUNTY OF SAN 0 STATE OF CAUFORNIA i OF DOCUTAENT