HomeMy WebLinkAboutD-1926 851 & 860 Humbert Ave, property located adjacent to railroad right-of-way, surplus property, HASLO dedication Recorded 11/13/2012RECORDING REQUESTED BY
AND WHEN RECORDED, RETURN TO:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
RECEIVED
JULIE RODEWAW
San Luis Obispo CodW Clerk/Recorder
Recorded at the request of
Public
TJB
11/13/2012
2:54 PM i
D o C #>! = 2012065797 Titles: 1 Pages: 14
Fees 0.00
Taxes 0.00
Others 0.00
- - - - -- PAID $0.00
DEC. 0 7 2012 REAL PROPERTY EXCHANGE AGREEMENT
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CITY6
AL PROPERTY EXCHANGE AGREEMENT ( "Agreement ") is dated as of
OcJo l r I , 2012, and is made and entered into by and between the City of San Luis
Obispo, a California municipal corporation and charter city ("City "), and the Housing Authority of the City
of San Luis Obispo, a public agency, corporate and politic, ( "HASLO "). HASLO and City are collectively
referred to as "Parties ".
RECITALS
A. HASLO owns that certain real property located at 851 and 860 Humbert Avenue. Said HASLO
property is described in Exhibit A and conceptually shown in Exhibit E attached hereto ( "HASLO
Property ").
B. City owns that certain real property located adjacent to the railroad right -of -way. Said City property
is described in Exhibit B and conceptually shown in Exhibit E attached hereto ("City Property ").
C. HASLO was granted approval to develop HASLO Property per City Council Resolution No. 10066
(2009 Series) and per Architectural Review Commission (ARC) approval ARC 27 -06.
D. To develop HASLO Property as approved by the City Council and the ARC, it is necessary for
HASLO to obtain and utilize a portion of said City property ( "Surplus Property ") as described in
Exhibit C and conceptually shown in Exhibit E attached hereto.
E. Said City Council Resolution made findings regarding the disposition of Surplus Property. It was
determined that City no longer has need for Surplus Property, and that the disposition of Surplus
Property to facilitate an affordable housing development is consistent with the policies of the Land
Use and Housing Elements of the General Plan.
F. In exchange for obtaining Surplus Property, HASLO will dedicate right-of-way to the City for a
cul -de -sac at the terminus of Francis Avenue and for a future pedestrian crossing over the railroad
tracks. The Francis cul -de -sac dedication and the pedestrian crossing dedication are collectively
referred to as " HASLO Dedication' and are described in Exhibit D and conceptually shown in
Exhibit E attached hereto.
G. The Parties recognize that there is a risk that Surplus Property is impacted by underground soil
contamination resulting from past railroad operations. It is the intention of the Parties that, through
this agreement and a separate Environmental Indemnity Agreement recorded concurrently herewith,
FIASLO assumes all risks, liabilities, and financial obligations arising from or relating to
contamination, if any.
\0�j
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants set forth
below, City and HASLO agree as follows-
1. Recitals Incorporated. The above Recitals are true and correct and are incorporated into this
Agreement by this reference.
2 Conveyance of Real Property. Prior to or concurrent with map recordation for Tract 2977, HASLO
shall convey title to the HASLO Dedication to the City in exchange for the City conveying title to the
Surplus Property to HASLO. The method of conveyance /exchange shall be by grant deed, easement
offer /dedication, quitclaim, or any other means as determined by City. The documents conveying the
property shall be recorded in the office of the County Recorder of San Luis Obispo County, California
( "County") at no cost to City. Any fees and property taxes required by County to record the exchange shall
be the sole responsibility of HASLO.
3. Condition of Title of Real Property. HASLO agrees to convey HASLO Dedication to City free and
clear of any conflicting oral or written title liens and encumbrances, leases, assessments, easements, and
other possessory or non- possessory interests in the real property, except for recorded public utility
easements, or recorded public rights.of way. Prior to conveyance, HASLO shall submit a current preliminary
title report for HASLO Dedication to confirm the acceptability of the condition of title in advance of the
property exchange. HASLO agrees to work with City to seek any encumbrance releases necessary to assure
that clear title to the rights to be transferred by HASLO to City is conveyed. Prior to conveyance, HASLO
agrees to purchase title insurance on the HASLO Dedication with the City as the beneficiary. The amount of
title insurance and the title company shall be approved by the City.
4. Consideration.. The Parties agree that HASLO Dedication and Surplus Property are of equal value..
The HASLO Dedication, together with the indemnification granted to City by HASLO in a separate
Environmental Indemnity Agreement, provide a significant public benefit as a whole and constitute adequate
consideration for the property transferred, and no monetary consideration shall be exchanged.
5. Environmental Indemnity Agreement. As a material part of the consideration for the City's
agreement to enter into the Real Property Exchange Agreement, City shall be released, held harmless and
indemnified by HASLO and its successors and assigns of Surplus Property and completely protected, to the
fullest extent possible under the law, from any and all claims, liabilities and obligations associated with the
physical or environmental condition of Surplus Property and HASLO and its successors and assigns of
Surplus Property, as transferees, shall accept all risks. liabilities and financial obligations arising from or
relating to the physical and environmental condition of Surplus Property, regardless of the nature or degree
of any defect in such condition. An Environmental Indemnity Agreement shall be recorded concurrently with
the Real Property Exchange Agreement.
6. Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party
regarding any default by the other party shall impair such right or remedy or be construed as a waiver. A
party's consent or approval of any act by the other party requiring consent or approval shall not be deemed to
waive or render unnecessary said party's consent to or approval of any subsequent act of the other party.
Any waiver by either party of any default must be in writing and shall not be a waiver of any other default
concerning the same or any other provision of this Agreement.
7. Legal Action. in addition to any other rights or remedies either party has under this Agreement,
either party may take legal action to: (a) cure, correct or remedy any default by the other party; (b) compel
specific performance of this Agreement; (c) obtain injunctive relief, or (d) obtain any other remedy
consistent with the purpose of this Agreement.
8. Notices. Any notice, demand, request, consent, approval or communication under this Agreement
shall be in writing and either served personally or sent by prepaid, first -class mail to the address set forth
below. Either party may change its address by notifying the other party of the change of address in writing.
Notice shall be deemed given (a) upon personal delivery or (b) forty -eight (48) hours from deposit of such
notice in the United States mail, postage prepaid.
To City:
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Attn: Director of Public Works
To Developer:
Housing Authority of the City of San Luis Obispo
487 Leff Street
San Luis Obispo, CA 93401
Attn: Executive Director
9. Agreement Assignment. HASLO shall not assign, transfer, convey or otherwise dispose of the
contract, or its right, title or interest, or its power to execute such a contract to any individual or business
entity of any kind without the previous written consent of the City.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of
the State of California.
1 l . Amendmeni. This Agreement may be amended at anv time by the Mutual consent of the Parties by a
written instrument signed by both Parties.
12. Authorijy. The persons executing this Agreement on behalf of the Parties hereto warrant that they
are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this
Agreement, the Parties hereto are formally bound to the provisions of this Agreement.
13. Severabilitv. Each term, covenant, condition or provision of this Agreement is intended to be
severable. if any term, covenant, condition or provision contained in this Agreement is held to be invalid,
void or illegal by any court of competent jurisdiction, such provision shall be deemed severable from the
remainder of this Agreement and shall in no way affect, impair or invalidate any other term, covenant,
condition or provision contained in this Agreement. If such term, covenant, condition or provision shall be
deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid
to the extent of the scope or breadth permitted by law.
14. Interpretation. The paragraph headings of this Agreement are for reference and convenience only,
are not made part of this Agreement and shall have no effect upon the construction or interpretation of any
part hereof. The provisions of this Agreement shall be construed in a reasonable manner to implement the
purposes of the Parties and of this Agreement. This Agreement shall be construed as if drafted jointly by
City and HASLO.
15. Indemnification. HASLO shall defend, indemnify, and hold harmless the City or its agents, officers,
and employees from any claim, action, or proceeding against the City or its agents, officers, or employees
•
arising out of or related to the City's approval of this Agreement. The City shall promptly notify HASLO of
any claim, action, or proceeding received by the City.
16. Entire Agreement. This Agreement represents the entire understanding of City and HASLO as to the
matters contained herein, and no prior oral or written understanding shall be of any force or effect with
respect to the matters covered in this Agreement. .
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective
duly authorized officers and representatives as of the date first set forth above.
CITY OF SAN LUIS OBISPO,
a California municipal coRoration
By:
Kati Lichtig
City Manager
M1�
(!Jry &rnes
APPROVED AS TO FORM:
By:
JWristine Dietrick
City Attorney
HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO,
a public agency, corporate and politic
By:
David Booker
Chairman
Beneficiary's Consent to Real Property Exchange Agreement
Mission Community Bank is a beneficiary ( "Beneficiary") under that certain Deed of Trust
recorded August 31, 2011, as Instrument No. 2011- 042352 and Deed of Trust
recorded December 29, 2011, as Instrument No. 2011- 066288 of Official Records, in
the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deeds
of Trust encumber the real property described in Exhibit A of the attached "Real Property
Exchange Agreement" (The "Agreement "). The undersigned as the Beneficiary of said Deeds of
Trust hereby consents to the execution and recordation of the Agreement, and agrees that upon
recordation of said Agreement, Trustee's and Beneficiary's interests in said real property shall be
subordinate to the Agreement, with the following exception: [1] The entirety of the Agreement's
paragraph 5 entitled "Environmental Indemnity Agreement ", as well as any other indemnity terms
and [Z] the entirety of that certain separate agreement entitled "Environmental Indemnity
Agreement" between the City of San Luis Obispo ( "City"), a municipal corporation and charter city,
and The Housing Authority of the City of San Luis Obispo, a public agency, corporate and politic,("
HASLO "), shall not apply to nor in any manner be binding upon the Beneficiary despite any terms
to the contrary therein.
BENEFICI Y.
MISSION OQIIMUNITY BANK
By: Robert J. Stevens Dated 1014 1v Z
-Executive Vice President / Chief Credit Officer
The above terms and conditions are approved by the undersigned:
,, _ fit;...._._ -- _ �� •,� ,
CITY OF SAN LUZOBISPO,
a Califorhja wiunici corporation
By:
Katie Lic tig
City Man ger
APPROV AS TO F
J 'ristine Dietrick
City Attorney
HOUSING AUTHORITY OF THE CITY OF SAN
LUIS OBISPO, a public agency, corporate and politic
Davlker
Chairman
ALL SIGNATURES MUST BE NOTARIZED
0 0
Exhibit A
Legal Description of Existing HASLO Property
PARCEL A: (A.P.N.: 004- 924 -012) LOTS 7, 8 AND 9 IN BLOCK 14 OF THE IMPERIAL ADDITION TO 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 DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
PARCEL B: (A.P.N.: PORTION OF 004 - 951 -015) LOTS 13 AND 14 IN BLOCK 6; AND ALL OF BLOCK 13,
BOTH OF THE IMPERIAL ADDITION TO 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
DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY. ALSO ALL THAT PORTION OF BLOCK 16 OF THE IMPERIAL ADDITION TO 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 DECEMBER 21, 1891 IN BOOK A PAGE 128 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF
INTERSECTION OF THE NORTHEASTERLY LINE OF FREDERICK AVENUE WITH THE SOUTHWESTERLY LINE
OF THE PROPERTY CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY BY DEED RECORDED
JANUARY 26, 1926 IN BOOK 9 PAGE 412 OF OFFICIAL RECORDS; THENCE SOUTH 32 114'30" EAST ALONG
THE SAID NORTHEASTERLY LINE TO ITS INTERSECTION WITH THE NORTHWESTERLY LINE OF KUANG SU
AVENUE (NOW LAWRENCE DRIVE) EXTENDED NORTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID
EXTENSION OF KUANG SU AVENUE (NOW LAWRENCE DRIVE), 180.00 FEET, MORE OR LESS, TO THE
WESTERLY LINE OF THE PROPERTY SO CONVEYED TO THE SOUTHERN PACIFIC RAILROAD COMPANY;
THENCE NORTHWESTERLY ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING.
PARCEL C: (A.P.N.: PORTION OF 004- 951 -015) THAT PORTION OF ABANDONED FREDERICK AVENUE, IN
THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ABANDONED BY
ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO, RECORDED JULY 20,
1939 IN BOOK 263 PAGE 33 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE
POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF KUANG SU AVENUE (NOW LAWRENCE
DRIVE) AND THE SOUTHWESTERLY LINE OF FREDERICK AVENUE; THENCE NORTHEASTERLY ALONG THE
NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE OF KUANG SU AVENUE (NOW
LAWRENCE DRIVE), TO THE NORTHEASTERLY LINE OF FREDERICK AVENUE; THENCE NORTHWESTERLY
ALONG SAID NORTHEASTERLY LINE OF FREDERICK AVENUE, TO AN INTERSECTION WITH THE
NORTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF HUMBERT AVENUE; THENCE
SOUTHERLY ALONG A STRAIGHT LINE TO THE POINT OF INTERSECTION OF THE
SOUTHEASTERLY LINE OF HUMBERT AVENUE WITH THE SOUTHWESTERLY LINE OF FREDERICK AVENUE;
THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF FREDERICK AVENUE TO THE POINT OF
BEGINNING.
PARCEL D: (A.P.N.: PORTION OF 004 -951 -015) THAT PORTION OF ABANDONED VICTORIA AVENUE, IN
THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ABANDONED BY
ORDER OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN LUIS OBISPO, RECORDED JULY 20,
1939 IN BOOK 263 PAGE 33 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
(continued)
•
•
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF KUANG SU AVENUE
(NOW LAWRENCE DRIVE) WITH THE SOUTHWESTERLY LINE OF VICTORIA AVENUE; THENCE
NORTHEASTERLY ALONG THE NORTHEASTERLY PROLONGATION OF SAID NORTHWESTERLY LINE OF
KUANG SU AVENUE (NOW LAWRENCE DRIVE) TO THE NORTHEASTERLY LINE OF VICTORIA AVENUE;
THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE OF VICTORIA AVENUE TO THE
SOUTHEASTERLY LINE OF HUMBERT AVENUE; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY
LINE OF HUMBERT AVENUE PRODUCED ACROSS VICTORIA AVENUE, TO THE SOUTHWESTERLY LINE OF
SAID VICTORIA AVENUE; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE OF VICTORIA
AVENUE TO THE POINT OF BEGINNING.
End of description.
• 1 0
Exhibit B
Legal Description of Existing Citv Propertv
(A. P. N.: 004 - 951 -009)
PARCEL 4 OF PARCEL MAP SLO -78 -154, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 5, 1981 IN BOOK 30, PAGE
20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
End of description.
Exhibit C
City Surplus Property:
BEING A PORTION OF PARCEL 4 OF PARCEL MAP NO. SLO -78 -154 IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA A.�SHOWN ON. MAP RECORDED IN BOOK 30 OF
PARCEL MAPS, AT PAGE 20 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A REBAR AND PLASTIC CAP STAMPED L.S. 7318 AT THE INTERSECTION OF THE
CENTERLINE OF FREDERICK AVENUE WITH THE NORTH RIGHT OF WAY LINE OF LAWRENCE DRIVE AS
SHOWN ON RECORD OF SURVEY RECORDED IN BOOK 79 OF SURVEYS, AT PAGE 73 IN THE OFFICE OF
SAID COUNTY RECORDER, SAID POINT ALSO BEING A POINT ON THE NORTH TRACT BOUNDARY OF
TRACT NO. 2066 AS SHOWN ON AMENDING MAP RECORDED IN BOOK 16 OF MAPS, AT PAGE 85 IN THE
OFFICE OF SAID COUNTY RECORDER
THENCE, ALONG SAID NORTH RIGHT -OF -WAY LINE NORTH 59 °00'03" EAST 264.23 FEET TO A 3/4 INCH
IRON PIPE WITH TAG STAMPED L.S. 5661 AT THE NORTHEAST TRACT CORNER OF SAID TRACT NO. 2066,
ALSO BEING THE SOUTHEAST CORNER OF SAID PARCEL 4 AS SAID CORNER IS SHOWN ON SAID RECORD
OF SURVEY MAP, AND SHOWN ON SAID TRACT MAP, AND SHOWN ON SAID PARCEL MAP. SAID POINT
ALSO BEING THE TRUE POINT OF BEGINNING, AND THE BEGINNING OF A CURVE, CONCAVE
SOUTHWEST AND HAVING A RADIUS OF 551.07 FEET AND TO WHICH POINT A RADIAL BEARS NORTH
66 118'21" EAST;
THENCE, NORTHWEST ALONG THE EAST LINE OF SAID PARCEL 4 THROUGH A CENTRAL ANGLE OF
11 004'31" 106.52 FEET TO A POINT TO WHICH A RADIAL BEARS NORTH 55 013'50" EAST;
THENCE, LEAVING SAID EAST LINE NORTH 52 046'56" WEST 402.78 FEET TO THE NORTHEAST
PROLONGATION OF THE NORTHWEST LINE OF LOT 7 IN BLOCK 14 OF THE IMPERIAL ADDITION TO THE
CITY OF SAN LUIS OBISPO AS SHOWN ON MAP RECORDED IN BOOK A OF MAPS, AT PAGE 128 IN THE
OFFICE OF SAID COUNTY RECORDER. SAID NORTHWEST LINE ALSO BEING COMMON TO LOT 6 IN SAID
BLOCK 14;
THENCE, ALONG SAID NORTHEAST PROLONGATION SOUTH 58 05728" WEST 25.81 FEET TO A POINT ON
THE WEST LINE OF SAID PARCEL 4 AS SHOWN ON SAID PARCEL MAP;
THENCE, ALONG SAID WEST LINE, ALSO BEING THE WEST LINE OF THAT PARCEL OF LAND DESCRIBED IN
DEED RECORDED IN BOOK 9 OF OFFICIAL RECORDS, AT PAGE 412 SOUTH 52 °01'29" EAST 256.21 FEET
TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 491.07 FEET AND TO
WHICH POINT A RADIAL BEARS NORTH 39 022'50" EAST;
THENCE, SOUTH ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28 °33'15" 244.73 FEET TO THE
SOUTHWEST CORNER OF SAID PARCEL 4, TO WHICH A RADIAL BEARS NORTH 67 056'05" EAST, AS
SHOWN ON SAID PARCEL MAP AND SAID RECORD OF SURVEY MAP;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL 4, ALSO BEING THE NORTH LINE OF SAID TRACT NO.
2066, NORTH 59 000'03" EAST 57.52 FEET TO THE TRUE POINT OF BEGINNING.
End of description.
0 •
Exhibit D
HASLO Dedication
BEING A PORTION OF BLOCK 16, OF THE IMPERIAL ADDITION TO THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AS SHOWN ON MAP RECORDED IN BOOK A OF
MAPS, AT PAGE 128 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND A PORTION OF
FREDERICK AVENUE BETWEEN SAID BLOCK 16 AND BLOCK 14 OF SAID IMPERIAL ADDITION ABANDONED
PER DOCUMENT NO. 20120G-5'5o1 IN THE OFFICE OF SAID COUNTY RECORDER; BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 1 -1/4 INCH IRON PIPE WITH A BRASS TAG STAMPED L.S. 3877 AT THE MOST EASTERLY
CORNER OF LOT 7 IN BLOCK 14 OF SAID IMPERIAL ADDITION AS SHOWN ON RECORD OF SURVEY
RECORDED IN BOOK 79 OF SURVEYS, AT PAGE 73 IN THE OFFICE OF SAID COUNTY RECORDER;
THENCE, ALONG THE NORTHEAST LINE OF SAID LOT 7, ALSO BEING THE SOUTHWEST RIGHT OF WAY OF
SAID FREDERICK AVENUE, NORTH 31 °02'59" WEST 279.75 FEET TO A 1 -1/4 INCH IRON PIPE WITH A
BRASS TAG STAMPED L.S. 3877 AT THE NORTH CORNER OF LOT 6 IN SAID BLOCK 14, ALSO BEING THE
MOST NORTHERLY BLOCK CORNER OF SAID BLOCK 14, AND BEING A POINT ON THE SOUTHERLY RIGHT
OF WAY OF FRANCIS AVENUE AS SHOWN ON SAID RECORD OF SURVEY MAP;
THENCE ALONG THE NORTHEAST PROLONGATION OF THE SAID SOUTHERLY RIGHT OF WAY LINE OF
FRANCIS AVENUE NORTH 58058'43" EAST 30.00 FEET TO IT'S INTERSECTION WITH THE CENTERLINE OF
SAID FREDERICK AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING;
THENCE, ALONG THE CENTERLINE OF SAID FREDERICK AVENUE SOUTH 31 °02'47" EAST 30.03 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 50.00 FEET, AND TO
WHICH POINT A RADIAL BEARS SOUTH 05 047'14" WEST;
THENCE, LEAVING SAID CENTERLINE, EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
57026'44" 50.13 FEET TO THE END OF SAID CURVE, AND TO WHICH POINT A RADIAL BEARS
SOUTH 51 039'30" EAST;
THENCE, SOUTH 52 °01'29" EAST 110.38 FEET TO THE INTERSECTION THE NORTHEAST PROLONGATION
OF THE NORTHWEST LINE OF SAID LOT 7, SAID NORTHWEST LINE ALSO BEING COMMON TO SAID LOT 6;
THENCE, ALONG SAID NORTHEAST PROLONGATION NORTH 58 °57'28" EAST 5.36 FEET TO A POINT ON
THE WESTERLY BOUNDARY LINE OF THAT PARCEL DESCRIBED IN DEED RECORDED IN BOOK 9 OF
OFFICIAL RECORDS, AT PAGE 412 IN THE OFFICE OF SAID COUNTY RECORDER, AND SHOWN ON SAID
RECORD OF SURVEY MAP;
THENCE, ALONG SAID WESTERLY BOUNDARY LINE NORTH 52 °01'29" WEST 174.43 FEET TO THE
INTERSECTION OF SAID WESTERLY BOUNDARY WITH THE NORTHEAST RIGHT OF WAY LINE OF SAID
FREDERICK AVENUE AS SHOWN ON SAID RECORD OF SURVEY MAP;
THENCE, ALONG SAID NORTHEAST RIGHT OF WAY LINE SOUTH 3.1 002'47" EAST 23.01 FEET TO THE
INTERSECTION OF SAID NORTHEAST RIGHT OF WAY LINE WITH SAID NORTHEAST PROLONGATION OF
SAID SOUTHERLY RIGHT OF WAY LINE OF SAID FRANCIS AVENUE;
THENCE, ALONG SAID NORTHEAST PROLONGATION SOUTH 58 °58'43" WEST 30.00 FEET TO THE TRUE
POINT OF BEGINNING.
End of description.
0
Exhibit E
Conceptual Map
40
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CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
CIVIL CODE §'1189
State of California
County of
On 1 b Il before me, IFOC-- �>_ VA�rC( C
Date Here Insert Name and Title of the Office
personally appeared
I. o .0
EVA R. HOWARD
Commission # 1928653 Z
a d Notary Public - California z
z San Luis Obispo County
My Comm. Expires A r 12, 2015
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of S
M
who proved to me on the basis of satisfactory
evidence to be the person* whose name{ is /are
subscribed to the within instrument and acknowledged
to me that he /sl;ie/tber executed the same in
his/ber/th;eif— authorized capacity(iesr- and that by
his /bef/flaeir- signature(sl--on the instrument the
perso%er,-or the entity upon behalf of which the
persoA(STacted, 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:
- i'AD
Place Notary Seal Above Signature of Notary Public
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Document Date:
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Signer's Name:
• Corporate Officer — Title(s):
• Individual
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❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in. Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
0 2010 National Notary Association - NationalNotary.org - 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of
CIVIL CODE § 1189
On lZ \ t 1 va before me, Can- e - , rc(, ✓\ C r
Date Here Insert Name and Title of the Officer
personally appeared r
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the persons)-whose name(;W is /ace-
subscribed to the within instrument and acknowledged
to me that he /sheAji9y- executed the same in
his/ly9/tb@if- -authorized capacity i , - and that by
his/Fjertair—signatu�on the instrument the
persor)< or the entity upon behalf of which the
person( acted, executed the instrument.
EVA R. HOWARD
Commission # 1928653 l certify under PENALTY OF PERJURY under the
Notary Public - California i
Z San Luis Obispo County ' laws of the State of California that the foregoing
My Comm. Expires Apr 12, 2015+ paragraph is true and correct.
WITNESS my hand and official seal.
Signature&(4,gn. Place Notary Seal Above t uie (Notary Public
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Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General Top of thumb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
® 2010 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1 -800- 876 -6827) Item #5907
STATE OF CALIFORNIA }
} ss
COUNTY OF SAN LUIS OBISPO }
On / o20 1.Z before me Maeve Kennedy Grimes, City Clerk, personally
appeared Katie Lic tig, City Manager, City Of San Luis Obispo, who proved to me on the basis
of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her authorized capacity, and that by her
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 this % day of 2012.
Signature 994e—g"Z 9�j��
Maeve 16hnedy es
City Clerk, City of San Luis Obispo.
Per Civil Code 1181 V
END OF DOCUMENT