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HomeMy WebLinkAboutR-8503 Bowden La Loma Adobe PurchaseRESOLUTION NO. 8503 (1996 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF 'SAN LUIS OBISPO DECLARING INTENTION TO REIMBURSE EXPENDITURES RELATING TO THE PURCHASE OF PROPERTY (PARCEL 1 OF SLO AL -94 -017) FROM THE PROCEEDS OF OBLIGATIONS OF THE CITY AND DIRECTING CERTAIN ACTIONS WHEREAS, the City expects to make future advances to finance a purchase of real property (the "Project "), and in order to provide funds to finance the Project the Council intends to issue debt for such Project and to use a portion of the proceeds of such debt to reimburse expenditures made for the Project prior to the issuance of the debt; and WHEREAS, United States Income Tax Regulations section 1.150 -2 provides generally that proceeds of tax - exempt debt are not deemed to be expended when such proceeds are used for reimbursement of expenditures made prior to the date of issuance of such debt unless certain procedures are followed, one of which is a requirement that (with certain exceptions), prior to the payment of any such expenditures, the issuer declare an intention to reimburse such expenditures; and WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to reimburse the expenditures referenced herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby declares that it reasonably expects to issue obligations (the "Obligations)) for the purpose of paying costs of (i) the acquisition and improvement of property, known as Parcel 1 of SLO AL -94 -017, to be used for historical preservation of the Bowden Adobe in compliance with the General Plan Land Use Element ( §6.6.1, §6.6.2, §6.6.4A), the Conservation Element ( §7.9), and the master list of historic resources. SECTION 2. The Council hereby declares that it reasonably expects (i) to pay certain costs of the Project prior to the date of issuance of the Obligations and (ii) to use a portion of the proceeds of the Obligation for reimbursement of expenditures for the Project that are paid before the date of issuance of the Obligations. SECTION 3. The maximum principal amount of net proceeds available to finance acquisition from the Obligations is $150,000. R -8503 Q. +J Resolution No. 8563 (1996 Series) Page 2 On motion of C.M. Williams , and seconded by .C:M. - Smith and on the following roll call vote; AYES: Council Members Williams, Smith,.Roalman, Romero, Mayor Settle NOTES: None ABSENT: None _ the foregoing Resolution was passed and adopted this 5 day of -March,/, 1996. Mayor Allen Settle by Kim Condon, Asst. City Clerk APPROVED �� ' /nq /Vr/j��{nyn q o /l/- �` i '� C� RECORDING REQUESTED BY CITY OF SAN LUIS OBISPO WHEN RECORDED MAIL TO: City of San Luis Obispo Attn: 990 Palm Street San Luis Obispo, CA 93401 AGREEMENT APN: The CITY OF SAN LUIS OBISPO, a California Charter Municipal Corporation ( "Buyer "), hereby agrees to purchase, and ADOBE ASSOCIATES, a Joint Venture consisting of. Florence Joachim, Barbara Klein, Jon M. Jenkins, John V. Kuden ( "Seller "), hereby agree to 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 One Hundred Fifty Thousand Dollars ($150,000.00). The purchase price shall be payable as follows: (a) By Buyer paying the amount of Ten Thou, sand ($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 3(a) or (b), the Ten Thousand Dollar ($10,000.00) deposit-shall be refunded to Buyer. 2. Gift of Bowden Adobe. Concurrent with the .above- referenced purchase, Adobe Associates shall deliver to Escrow Holder a duly executed Grant Deed to the Bowden -La Loma Adobe, as set forth in Exhibit "B ", .showing the City of San Luis Obispo as the Grantee (pursuant to California Government Code S 66426..5), as a gift from Adobe Associates to the City. Said property shall hereinafter be referred to as the '!Adobe." The gift shall be subject to the following conditions: (a) The. City shall, concurrent with the acceptance of the Grant Deed, deliver to Seller a letter, signed by an executive official of the City, whereby the City acknowledges the receipt of the gift of the Adobe. The form of the letter shall be substantially as set forth in Exhibit "C" attached hereto. (b) The City shall cause to be signed by an authorized City officer, an IRS Form 8283 (Noncash Charitable Contributions) appraisal summary prepared by a qualified appraiser at the sole expense of the Adobe Associates showing the value of the Adobe at the time of the gift to be Two Hundred Thousand Dollars. The City makes no warranty or representation whatsoever, either express or implied, as to the tax implications or consequences of the transactions contemplated by this Agreement, and. Seller has relied on their own independent advisors as to all tax matters associated herewith. (c) The City will maintain in the immediate proximity of the Adobe, a marker, to be provided to the City by Adobe Associates, which recites: "Bowden La Loma Adobe - A Gift to the People of the City of San Luis obispo from Florence Bowden Joachim, Charles A. & Barbara Bowden Klein, Jon M. &Martha N. Jenkins, Hagop & Victoria Kuden." 3. Conditions Precedent.. All of Buyer's duties to purchase the Property and /or accept the said gift of the Bowden Adobe 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 and the Adobe ( "Preliminary Title Report ") . Buyer shall have fifteen (15) 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, 2 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 (16) 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 the Adobe and all improvements thereon, including at Buyer's option and expense, 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 the Adobe, 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 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, k3 0. C 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. 4. Escrow and Deposit. (a) Closing Date. This purchase and sale shall close upon the recordation of the Grant Deeds to Buyer of (1) the Property; and (2) the Adobe (the "Close of Escrow ") . The Close of Escrow shall occur on or before forty -five (45) days (the "Closing Date ") after a copy of this agreement (executed by both Buyer and Seller) is deposited with the Escrow Holder, unless extended by mutual agreement. of the parties, or as otherwise provided herein. (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 T ith Chicago Title Company, 1212 Marsh Street, 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 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 and the Adobe 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. Title to the Adobe shall be insured by a CLTA owners policy in the amount of $200,000.00, showing title vested in the City of San Luis Obispo, subject only to those exceptions specified in the Preliminary Title Report and /or Supplemental Report and accepted by the City of San Luis Obispo. Seller shall pay Chicago Title Company for the costs of title insurance. 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 CLTA standard coverage 4 O O policy of title insurance. (f) Fees and Taxes. Seller agrees to pay all documentary transfer taxes and recording fees, if any. 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) Proof of Citizenship, 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 and the Adobe shall be delivered by Seller to Buyer upon the Close of Escrow. (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 or the Adobe 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: () 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 the Property or the Adobe. (ii) Any releases by Seller (including, but not limited to, any releases as defined under the Comprehensive 9 0 1 0 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 and the Adobe. 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 and the Adobe 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 and the Adobe are in compliance with all state and federal environmental laws to the best of Seller's knowledge and belief. (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 or the Adobe. (iv) There are no underground storage tanks located at, on or under the Property or the Adobe. (v) No hazardous or toxic substances or wastes are located at, or have been located on or removed from the Property or the Adobe. (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 or the Adobe 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 or the Adobe. 21 C; J 6. 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 Jeffrey G. Jorgensen 990 Palm St. San Luis Obispo, CA 93401 -3249 TO SELLER: John V. Kuden P.6. Box 3605 San Luis Obispo; CA 93403 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. 7. 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. S. 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 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. 7 O O 9. Entry. With respect to' Paragraphs 3 and 5, Buyer, its agents and authorized representative shall have the right to enter onto the Property and the Adobe 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 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 or the Adobe, 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 or the Adobe caused by any such tests and inspections. 10. Lot Line Adiustment. The sale of the Property is contingent upon the approval of a pending lot line adjustment (SLO AL -94 -017) by the City of San Luis Obispo. In the event a lot line adjustment cannot be approved by the City for any reason beyond the control of the City, this Agreement shall terminate as if it had never been entered into, with no further obligation or liability of either party-to the other. Seller shall diligently pursue and Buyer shall diligently process completion of the lot line adjustment. Seller shall comply with all terms and conditions, including mitigation measures, contained in the lot line adjustment. 11. Required Action of -Buyer and Seller. Buyer and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the timely Transfer of Title in accordance with the provisions hereof.. 12. Recorded. It is the intention of the, parties that this Agreement shall be recorded. 8 13. Survival. The warranties, representations and agreements made in this Agreement shall survive the close of escrow, and shall be binding on the heirs, executors, administrators, successors and assigns of the parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 5 day of March , 1996. SELLER ADOBE ASSOCIATES, a Joint Venture Florence Bowden Joi6him By. , Barbara Klein By: By: BUYER CITY OF SAN LUIS OBISPO Byr��� v Mayor Allen . Settle ATTEST: Clerk n, Asst. City Clerk o o EXHIBIT "A" A portion of Section 25 of Township 30 South, Range 12 East, Mount Diablo Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California more particularly described as follows: Beginning at a 3/4 inch iron pipe with tag RCE 21807 set in' the Northeasterly right -of -way of the 54 foot wide street now known as Wilding Lane at or near the intersection of said right -of -way with the Northwesterly line of Lot 5 of the Piedmont Tract as recorded in Book A at Page 146 of Maps in the office of the County Recorder of San Luis Obispo in the City of San Luis Obispo State of California; thence along said Northeasterly right -of -way North 33'36'47" West, 35.57 feet to a 3/4" iron pipe with tag RCE 6923; thence continuing along said right -of -way North 33'36'47" West, 35.90 feet to the intersection with the Northwesterly right -of -way of the 54 foot wide street now known as Lizzie Street; thence along said Northwesterly right -of -way South 75'41'51" West, 66.23 feet to the Southeasterly line of the parcel described in the deed recorded in Book 2019 at Page 842 in said County Recorder's office; thence along said Southeasterly line North 64'25'26" East, 257.12 feet to the Southwesterly line of the parcel described in the deed recorded in Book 1277 at Page 488 in said County Recorder's office; thence along said Southwesterly line North 38'04'34" West, 196.82 feet to the Northwesterly line of said parcel; thence along said Northwesterly line North 62'35'35" East, 43.67 feet to the True Point of Beginning; thence leaving said Northwesterly line South_ 38'04'34" East, 228.37 feet; thence North 56'15'57" East, 83.08 feet; thence North 38'04'34" West, 219.05 feet to the Northwesterly line of said parcel; thence along said Northwesterly line South 62'35'35" West, 84.30 feet to the True Point of Beginning containing 18,532 square feet more or less. (02- 14- 96:A6) \doc \bowden.lgl Page 1 of 2 W u M G �H W dOO } < N N (nw Z O Qz cr: �m a- mo LL �P ° --j o o c6 a(nL)C6 �m0� 00� m =LdNO °o °a U0rn o Lo 30 ~ Z�OOmZOUMmN O p0 W 00!v) N O W N H Um?Q ED W W o I O W�Jt-- ¢WZcnd N ~ to < z LLJ — -1 m LO co Li o (� m wLoC OLo o) oCLZ< a CV u- C N n- coCd' r , �Op Q^ ON M.} o w.1 N cQ r ^ o F} 0t z_cn Z ° w? J � ¢ m ........ cn : ::::::::::::::::::::::::::::: :: �i o z o z (n :: t0 A m N 3 O to Lo Ln 0 :::.._.•.•. ' '538 04 34*E n. = z o a co M n O :2 M rU-)i co 196.82 )= W o r (Y a ao z- ty380434 W z o ci a s V) °oo F3 00 O W O r V7 CD co j C3� �i O N cn Da J F ►zy ip co N � O Z W z in A H z ( 0z a zz N Lo M Z N WILDING _�_- _ LAN � N O co cQ 3 a o .s -to Lo Iw M M a`t W m rn to _ z In O W U1 M I U w u "' �z 3 m J� uj n tO / to Q1 a N N r , : ) to 6.' MM d w N z _ to la a M CP PORTION OF SECTION 26 & 25 o j T30S, R12E No MDM IFXNIBIT B RECORDING REQUESTED,✓ AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENT TO:. N8fAe THE CITY OF SAN LUIS OBISPO Street Address City d State zv Title Order No. T 355 Legal (2 -94) Fscrow No. THE UNDERSIGNED GRANTOR(s) DECLARE(s) SPACE ABOVE THIS LINE FOR RECORDER'S USE Gran't Deed DOCUMENTARY TRANSFER TAX IS S ❑ unincorporated area ® City of SAN LU I S OB I SPO Parcel No. PTN 00235201,4_ ❑ computed on full value of interest or property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ADOBE ASSOCIATES, A JOINT VENTURE COMPOSED OF FLORENCE JOACHIM, BARBARA KLEIN, JOHN V. KUDEN AND JON M. JENKINS hereby GRANT(S) to THE CITY OF SAN LUIS OB I SPO, A. MUN I C I PAL CORPORATION, P(1RSQ TO SECTION 66426.5 OF THE GoVEUe= CODE OF THE STATE OF CALIFORNIA the following described real property in the CITY OF SAN LUIS OB I SPO county of SAN LUIS OB I SPO state of California: AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER WITH ALL THOSE CERTAIN EASEMENT RIGHTS AS SET FORTH IN DEED EXECUTED BY STEPHEN R. NELSON AND GINA G. NELSON, RECORDED MAY 1, 1987 IN BOOK 2985, PAGE 913 OF OFFICIAL RECORDS, THAT PASS WITH A CONVEYANCE OF THE ABOVE DESCRIBED LAND. RESERVING UNTO THE GRANTORS HEREIN THOSE ,CERTAIN EASEMENT RIGHTS AS SET FORTH IN INSTRUMENT RECORDED AS DOCUMENT NUMBER OF OFFICIAL RECORDS OF SAID COUNTY. Dated STATE OF CALIFORNIA COUNTY OF __San Luis ObiSPO } S.S. On Noverrl r 6, 1995 before me, CHARLENE R. CLAYTON a Notary ublic in and for said County and State personal) appeared BARBARA KLEINr JOHN V..KUIDrN ANT .JON M. JENK_INS personally known to me (or proved to me on the basis oLsatisfactory evidence) to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his(her/their authorized capacity(es), and that by hislheriltheir signature(s) on the instrument the person(s), or the.entity upon behalf of which the p on(s) acted, executed /(h /� I trumept. WITNESS rryy 17'a�d and official se/3) / / / 1/ /I / ESEMM�Wtfi�iu %err %AAIWa (This area for official notarial seal) xlene R. Clayton / 1 STATEMENTS TO PARTY SHntYC n\ Fnt.i.n{{7NG T.TN-F- T£ NO PART' SHnwN MATT A¢ nr%?V T1M eRnvr B -1 Charlene R. Clayton 1! Comm. #98H 709 s `• ° ' Notary Public - Cal,'luni2 ry Jtt �; -per/ SAN LUIS OB!SPO COUNTY I! ) AyCor^,'Sgr%Er,IiZSAIa=�2d,1 ;Z ,) (This area for official notarial seal) xlene R. Clayton / 1 STATEMENTS TO PARTY SHntYC n\ Fnt.i.n{{7NG T.TN-F- T£ NO PART' SHnwN MATT A¢ nr%?V T1M eRnvr B -1 STATE OF CALIFORNIA, S.S. COUNTY OF On , before me, a Notary Public in and for said County and 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 SEAL OR STAMP STATE OF 4WV0)ifi R �hw✓ �n !< COUNTY OF S.S. �` ^' 1"ti On before me. ft R.�,� -L CA V\-- a Notary Public in and for said County and State, personally appeared FLORENCE JOACHIM 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 a official seal. Signature FOR NOTARY SEAL OR STAMP ,OL skate to � ; .... TE 160 Legal (2.94) This form is furnished by Chicago Title Company B -2 n . EXHIBIT "A" A portion of Section 2.5 of Township 30 South, Range 12 East, Mount Diablo Meridian, in the. City of San Luis Obispo, County of San Luis Obispo, State of California more particularly described as follows: Beginning at a 3/4 inch iron pipe with tag RCE 21807 set in the Northeasterly right -of -way of the 54 foot wide street now known as Wilding Lane at or near the intersection of said right -of -way with the Northwesterly line of Lot 5 of the Piedmont Tract as recorded in .Book A at Page 146 of Maps in the office of the County Recorder of San Luis Obispo in the City of San Luis Obispo state of California; thence along said Northeasterly right-of - way.North 33'36'47" West, 35.57 feet to a 3/4" iron pipe with tag RCE 6923 and the True Point of Beginning; thence continuing along said right -of -way North 33'36'47" West, 35.90 feet to the intersection with the Northwesterly right-of-way of the 54 foot wide street now known as Lizzie Street; thence along said Northwesterly right -of -way South 75'41'51" West, 66.23 feet to the Southeasterly line of the parcel described in the deed recorded in Book 2019 at Page 842 in said County Recorder's office; thence along said Southeasterly line North 64'25'26" East, 257.12 feet to the Southwesterly line of the parcel described in the deed recorded in Book 1277 at Page 488 in said County Recorder's office; thence along said Southwesterly line North 38'04'34" West, .196.82 feet to the Northwesterly line of said parcel; thence along said Northwesterly line North 62'35'35" East, 43.67 feet; thence leaving said Northwesterly line South 38'04'34" East, 228.37 feet; thence North 56'15'57" East, 174.96 feet to the Northeasterly line of said parcel; thence along said Northeasterly line South 38'19'25" East, 130.78 feet to the Southeasterly line of said parcel; thence along said Southeasterly line. South 70'47'31" West, 230.31 feet to the Southwesterly line of said parcel; thence along said Southwesterly line North 38'04'34" West, 45.07 feet to the most Easterly corner o� the parcel described in the deed recorded in Book 1599 at Page 900 of Official Records in said County Recorder's office; thence along the Southeasterly line of said parcel South 64'25'26" West, 199.03 feet to said Northeasterly right -of. -way of Wilding Lane; thence along said right -of -way North 33'36'47" West, 14.24 feet to the True Point -of Beginning containing 44,757 square feet more or less. (10- 31- 95:A2) \doc \.bowden.lgl M'' 12_a w D! J G W H� w ao° ? 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N CO ;: N m tiYILDING N Z :_ c co N LANE 0 co a cQ 3 a U U to tq .. ro < 3 1� w z � Um !n 7 N 3 O to G2 U' J° H 4- x zo m n_ c7) GZ o Ei z m Una O o a' Z a�� cli w w: a :D w\ Lii PORTION OF SECTION 26 & 25 i T30S,R12E m MOM 12_a �J O EXHIBIT C (Date) Adobe.Associates, a Joint Venture c/o John Kuden P.O. Box 3605 San Luis Obispo, CA 93403 -3605 Dear Adobe Associates: By this letter the.City of San Luis Obispo gift, from the Adobe Associates to the City, of parcel of real property situated in the City of near Lizzie Street, known as the Bowden La Loma of the Adobe was not in exchange for any "goods "services" provided to the Adobe Associates by acknowledges the that certain San Luis Obispo, Adobe. The gift and /or the City. The City understands that the Adobe Associates is a Joint Venture having as its members: Florence Joachim, Barbara Bowden Klein, John Kuden and Jon b1. Jenkins. The gift consists of.the real property and a two story structure known as the Bowden La Loma Adobe. The gift was accepted by the City on the _day of . , 1996. City of San Luis Obispo By (Title) RESOLUTION NO. 8502 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP FOR TENTATIVE TRACT MAP NO. 1714, LOCATED ON THE WEST SIDE OF SACRAMENTO DRIVE, NORTH OF INDUSTRIAL, WAY (3641 SACRAMENTO DRIVE) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivide-es request, staff recommendations and reports thereon, found that the one -year time extension is justified. SECTION 2. Action. That a one -year time extension for filing the final map for Tentative Tract Map No. 1714 is granted to October 24, 1996, subject to the original findings and conditions of tentative map approval, as specified in previous County of San Luis Obispo documents (minutes of Subdivision Review Board meeting dated 9- 13 -89, and as further approved by the Board of Supervisors in their minute order of 16- 24 -89). On motion Of Connri 1_ MPmbpr wi.l 1 i arsgCOnded by Connri 1 MPTnbpr Slgwd on the following roll call vote: AYES: Council Members William, Smith, Roalman, Romero, Mayor Settle NOES`. None ABSENT: None the foregoing resolution was passed and adopted this 5--- day of Marsh_ 11996. R -8502 City Council Resolution No. 8502 (1996 Series) Page 2. Mayor Allen K. Settle AT OT. by Kim Condon, Asst. City Clerk APPROVED: wiffim FORM f A I / 1A=\omCCxL2pp I a� � � x� C' ��' Q �-j�