HomeMy WebLinkAbout03/05/1996, C-6 - Bowden Adobe MEETING DATE:
City Of San LUIS OBISPO 3-5-96
i COUNCIL AGENDA REPORT I'TE"''NUMBER: A�
FROM: Jeffrey G. Jorgense
City Attorney
SUBJECT: Property Acquisition - Bowden Adobe
CAO
RECOMMENDATION: (A) By motion, authorize the Mayor to enter
into a contract to purchase an approximate
18,532 sq. ft. parcel immediately adjacent to
the Bowden Adobe from Adobe Associates, a
Joint Venture, in the amount of $150,000.00.
(B) By motion, authorize the Mayor to execute
a Certificate of Acceptance for a Gift of the
Bowden Adobe to the City of San Luis Obispo,
subject to the terms and conditions of the
purchase agreement.
(C) Adopt a Resolution preserving the City's
ability to debt finance $150,000.00 for the
purchase of the property.
DISCUSSION:
Backaround
At a February 6, 1996 Closed Session, the City Council authorized
acceptance of a gift of the Bowden Adobe from Adobe Associates, a
Joint Venture, to the City of San Luis Obispo; and authorized the
purchase of the adjacent approximate 18,532 sq. ft. parcel for
$150,000.00. The agreement culminates lengthy negotiations aimed
at preservation of the Adobe, and provides an adequate site to
present the Adobe in an appropriate historical context. Once the
acquisition of the Adobe and the adjacent lot have been completed,
it would be appropriate to attempt to clear title to that portion
of the Adobe site which consists of an easement granted by Mr.
Steven Nelson. Staff will present its recommendations concerning
the easement area at a future Council meeting.
With the City's contribution towards securing the Adobe and an
appropriate site, it is anticipated that the restoration,
preservation, and operation of the Adobe may be accomplished
through private, nonprofit efforts by the community. In any event,
this is an important first step in the long-term preservation of a
rare and valuable historic structure.
Environmental Review
The Community Development Director has issued a Mitigated Negative
Declaration for the lot line adjustment application of which this
property is a part. One of the mitigating measures contained in
that Negative Declaration was the preservation of the Bowden Adobe
by gift or dedication to the City or another acceptable nonprofit
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COUNCIL AGENDA REPORT
organization. This transaction implements the mitigation measure
required as part of the negative declaration. In addition, the
acquisition of land by the City for the purpose of historical
preservation is categorically exempt.
General Plan Consistency
The acquisition of the Bowden Adobe was referred to the Planning
Commission on November 8, 1995, for a determination of General Plan
Consistency. On a unanimous vote, the Planning Commission found
the acquisition consistent with the Land Use and Open Space Element
policies relating to preservation of historic properties and creek
protection, and recommended acceptance of a gift deed to the Adobe.
While the Planning Commission did not specifically consider the
acquisition of adjacent property, such acquisition will serve to
enhance the setting for the Adobe, provide adequate grounds and
gardens, and parking and access for public use.
Environmental Assessment
The property is not in an area of high risk for hazardous waste
contamination. In addition, Adobe Associates has agreed to give
the City a complete indemnification against any hazardous waste
which may be subsequently discovered on the property. As a result,
a formal Phase 1 Environmental Assessment was not considered
necessary for this acquisition. Instead, representatives of the
Building Department, Fire Department, and City Attorney's Office
conducted an informal inspection of the property. There were no
readily apparent areas of concern with respect to hazardous waste
contamination.
FISCAL IMPACT
It is recommended that funding for this project be included with
the debt financing already planned for 1996 for the Fire Station
Headquarters, Matthews property purchase, City Hall seismic and
HVAV improvements, and Mission Plaza Expansion. As a real property
purchase, this project meets all of the City's criteria for the
appropriate use of debt financing under our Financial Plan
policies. Annual debt service obligations will be about $11,500.
The proposed resolution will enable this purchase to go forward at
this time by preserving our ability to debt finance this project
later this Spring.
JGJ/sw
Attachments:
1: Agreement
2: Financing Resolution
3: SLOPC Resolution No. 5167-95
C:'lo '02
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
APN:
AGREEMENT
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 Thousand ($10,000.00)
Dollars in the form of a cashier's or certified check, payable
to Escrow Holder (the "Deposit") , which shall be deposited by
Buyer into Escrow upon the opening thereof. Said amount shall
accrue to the benefit of the Seller. All deposits shall
remain in possession of Escrow Holder in an interest bearing
account with interest credited to the Seller. Total deposits
shall be credited to the purchase price at closing.
(b) By Buyer paying the balance of the purchase price in the
form of a cashier's or certified check, payable to Escrow
Holder, which shall be deposited by Buyer into Escrow not less
than two (2) days prior to the Closing Date, as defined below.
(c) Notwithstanding the above provisions, if Buyer elects to
terminate its obligations under this Agreement pursuant to
Paragraphs 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 § 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 andlor 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 CLIA 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,
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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 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,
3
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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
with 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
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:
(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 the
Property or the Adobe.
(ii) Any. releases by Seller (including, but not limited
to, any releases as defined under the Comprehensive
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C 6=7
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, ordinance's,
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.
6
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.O. 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 suaifor 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
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 Adjustment.
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. day of , 1996.
SELLER BUYER
ADOBE ASSOCIATES, a CITY OF SAN LUIS OBISPO
Joint Venture
By: By:
Florence Bowden Joachim Mayor
By:
Barbara Klein ATTEST:
By: .
John M. Jenkins City Clerk
By:
John V. Kuden APPROVED AS TO FORM:
ty r
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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 3x'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)
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EXHIBIT B
RECORDING REQUESTED BY '
AND WHEN RECORDED MAIL THIS DEED AND.UNLESS OTHERWISE
SHOWN BELOW.MAIL TAX STATEMENT TO:
Name THE CITY OF SAN LUIS OBISPO
Street ..- / . .. ...
Address .. -.
City a
State
Zip
Title Ordcr No. &crow No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
T 35S Legal(2.94)
Gran't Deed
THE UNDERSIGNED GRANTOR(s) DECLARE(s)
DOCUMENTARY TRANSFER TAX IS S
❑ unincorporated area ® City of SAN LU I S OBI SPO
Parcel No. PIN 002,352,015_
❑ computed on full value of interest or property conveyed, or
❑computed on full value less value of liens or encumbrances remainin.0 at time of sale,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowled.ged,
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 OBI SPO, A MUNI C.I PAL CORPORATION , PURSCTANT
TO SECTION 66426.5 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA
the followiRL, described real property ;D the CITY OF SAN LUIS OBI SPO
county• of SAN LUIS OBI SPG state of California:
I
AS SET FORTH ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
i
TOGETHER WITH ALL THOSE CERTAIN EASEMENT RIGHTS AS SET FORTH IN DEED EXECUTED
BY STEPHEN R. NELSON AND GINA G. NELSON, RECORDED MAY 12 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 A1,?Ke17Lkf
�FLORENCE JaACHIM�
STATE OF CALIFORNIA
COUNTY OF Sart Luis obispo } S.S. BARBA A LEJ V
November 6, 1995 �� II
i On before me, HN V. KUDEN
CHARLENE R. CLAYTON c
a Notary Public in and for said County and State ersonall appeared
BARBARA KLEIN, JOHN V. .KM?N AN6 /J 0 J E I N S
JON M. JENKTNS
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 helsheirthey executed )))7I /,?:er:, Chadene R. Clay011 E
the same in his/her/their authorized capacity(es),and that by his/herA.teir t=J• �'� '•? \ Comm.4*51709
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signature(s)on the instrument the person(s),or the entity upon behalf c f-- � j Notary Public-Cal3omia N
of which the n(s) acted, executed i rume t. 1I �-A , / SAN LUIS 03!SPO COUN iY IL
WITNESS d and officials
Signature
` (This area for official notarial seal)
Charlene R. Clayton %
AfAIL TAX STATEMENTS TO PARTY SHO 'ON FOLLOWLNG LINE; IF INO PARTY SHOVY\, MAIL AS DIRECTED ABOVE
B-1 ---- - _.._ d-6:/_y
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 FOR NOTARY SEAL OR STAMP
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
STATE OF�+Qi[d��tffitt� ��w✓ �^iL
�� �{.�� S.S.
COUNTY OF p
On V. o.ibefore me, 1c-A
a Notary Public in and for said County and State, personally
appeared FLORENCE JOACHIM
personally known to me.. (or. proved to me on FOR NOTARY SEAL OR STAMP
the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to �p4 �
the within instrument and acknowledged to me that ` ,tt+� ate�Za
he/she they executed the same in his/her/theirb�c.6oAIS4.�,1 ,ouT
authorized capacity(ies), and that by his/her/their N° � N°�-41'`°�
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 ani official seal.
Signature
TE 160 Legal(2.94) 66 SIS
B-2 This form is furnished by Chicago Title Company
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 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 6235 ' 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)
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EXHIBIT C
(Date) I
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 acknowledges the
gift, from the Adobe Associates to the City, of that certain
parcel of real property situated in the City of San Luis Obispo,
near Lizzie Street, known as the Bowden La Loma Adobe. The gift
of the Adobe was not in exchange for any "goods" and/or
"services" provided to the Adobe Associates by 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 M. 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)
C. 400
RESOLUTION NO. (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.
On motion of , and seconded by
and on the following roll call vote;
AYES:
NOTES:
ABSENT:
the foregoing Resolution was passed and adopted this day of February, 1996.
Mayor Allen Settle
ATTEST:
City Clerk
APPROVED:
i tto ey
SAN LUIS OBISPO PLANNING CONMSSION
RESOLUTION NO. 5167-95
WHEREAS, the Planning Commission of the City of San Luis Obispo did conduct a public
hearing in the Planning Conference Room of the San Luis Obispo City Hall, San Luis Obispo,
California, on November 8, 1995, pursuant to a proceeding instituted under City File: Other 142-95;
City of San Luis Obispo, applicant.
OTHER REVIEWED:
Determination of general plan consistency for proposed acquisition of the Bowden Adobe and
certain surrounding property.
DRAFT DESCRIPTION:
On file in the office of Community Development, City Hall.
GENERAL LOCATION:
1590 Lizzie Street
GENERAL PLAN LAND USE ELEMENT.
Low Density Residential with Special Plan
PRESENT ZONING:
R-1-SP
WHEREAS, said commission as a result of its inspections, investigations, and studies made
by itself; and in behalf of testimonies offered at said hearing, has established existence of the following
circumstance:
The acquisition of property at 1590 Lizzie Street is consistent with the Land Use and Open
Space Element policies related to preservation of historic properties and creek protection.
NOW, THEREFORE,BE IT RESOLVED that the Planning Commission recommends that the City
Countil accept the gift deed.
Resolution No. 5167-95
Other 142-95
Page 2
The foregoing resolution was approved by the Planning Commission of the City of San Luis
Obispo upon the motion of Commr.Ready, seconded by Commr. Cross, and upon the following roll
call vote:
AYES: Ready, Cross, Sean, Kourakis, Karleskint, Hoffman, Whittlesey
NOES: None
ABSENT: None
Arnold B. Jonas, Secretary
Planning Commission
DATED: November 8, 1995
L•5167-95-95
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