HomeMy WebLinkAboutD2023-E Garden St SLO Partners LP - Release of Agreement for Temporary Encroachment - APN 002-428-004RECORDING REQUESTED BY
First Amerlcan Title Company
AND WHEN RECORDED MAIL DOCUMENT TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attnr J, Christine Dietrick, City Attorney
A,P.N,: 002-248-004, 008, 009
**This document was electronically submitted
to San Luis Obispo County for recording**
2023004457
Elaina Cano
San Luis Obispo - County Clerk-Recorder
0211612023 03:58 PM
Recorded at the request of:
FIRST AMERICAN TITLE COMPANY
Titles: 1 Pages: 5
Fees: $0.00
Taxes: $0.00
Total: $0.00
ORIGINJAL
Above This Line ftr Recotde/s Use Only
-
File No.: 4009-6939085 (LBRB)
This document is recorded for the benefit
of the City of San Luis Oblspo and is exempt
from recording fees pursuant to Sections 6103 and 27383
of the California Government Code.
RELEASE OF AGREEMENT AFFECTING REAL PROPERTY
AND PERMIT FOR TEMPORARY ENCROACHMENT
WITHIN CITY PROPERTY
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SEPAMTE PAGE PURSUANTTO GOW CODE 27361.6
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RECORDING REQUESTED BY AND
WHEN RECORDED, RETURN TO:
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
Attention: J, Christine Dietrick, City Attorney
THts RBLEASE oF Acnpnnrnnr AFFECTTNG REAL PnopnRry lNn PpRurl pon,
TnnrpoRanv EncnoacHMENT Wlnrrn Ctrv PnopERTy (this "l?e/ease") is made and entered
into, effective as of February \{ ,2023 (the"Effective Date'"). by TnaCrryorStNLursOnrsro,
CaltRoRNll, a municipal corporation and charter city (the "City"), with reference to the following
facts:
(Space above this line for Recorder's use only)
APNs : 002-428 -004; 002-428-00 8 ; AND 002-428 -009
This document is recorded for the benefit of the City of San Luis Obispo, a municipal corporation,
and is exempt from fee per Government Code Sections 27383.
RBlBase or AcnnBmBn{t ArFnctlNc Rnal PnopeRry aNn PrRnrrr FoR TBuronnRy
BncRoncHMENT Wrrstn Crry PnopERTy
Rrcrrals:
A. The prior o*n*r'tf the real property located at 1123 Garden Street, San Luis
Obispo, California and described on the attached Exhibit A (the "Property") entered into that
certain Agreement Affecting Real Property and Permit for Temporary Encroachment Within City
Propertydatedasof September 1,1988 andrecordedasDocumentno. 62253 onOctober21,1988
in tlre Official Records of San Luis Obispo County, California (the "Agreement"), for the benefit
of the City. +slvlatthew W. Hainline and Timothy D. Yale, a Gen. partnership
B. Since the Agreement was recorded, the Property has been redeveloped as a hotel,
C. As a result of the redevelopment of the Property, the Agreement is no longer
needed
record.
D. City is executing this Release in order to terminate and release the Agreement of
NOW' THEREFORE, for good and valuable consideration including the redevelopment
of the Property, the receipt and sufficiency of which are hereby acknowledged, the City hereby
terminates and releases the Agreement.
IN WITNESS WHEREOF, the undersigned have signed this Release effective on the
date first set forth above.
THs Ctry oF SAN Lurs Onrsro, a municipal
corporation and chafter city
By
Name : Derek Johnson, City Manager
Arrnsr
Teresa Purrington, Ci
App AS
Dietrick, City Attorney
2
ACKNOWLEDGMENT
A notaly public or othel officer cornpleting this certificate verifies only the identity of the individual rvho signed the document
to which this certificate is attached, and not the truthfulness, accuracy, oL validity ofthat document.
State of California
County of San Luis Obispo
On February \\ , 2023, before me,
WITNESS my ffi.**$*'*$,,
)
)
)
,C\.a notary public,
personally appeared DEREK JOHNSON, who 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 instrr-rment the person(s), or the entity upon behalf of which the
person(s) 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.
Signature (Seal)
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RnlBnsB or AcRnnuBNr Arnncrtnc Rnal PRopsnry lNn PrRnrrr FoR TnvrpoRaRy
ENcnoncHMENT WrrruN Crry PnopERTy
LBc.rl DnscnrptloN oF Rnal PRopeRry
Parcels 4, 8 AND 9 of Parcel Map SLO n-0099, in the City of San Luis Obispo, County of San
Luis Obispo, State of California according to map recorded Apri|23,2018 in Book 80, pages 53-
65 of Parcel Maps, in the Office of the County Recorder of said County and Certificate of
Correction recorded April29,2020 as Instrument No. 2020-020753 of Official Records.
APNs: 002-428-004; 002-428-008; AND 002-428-009