HomeMy WebLinkAboutR-6045 - 110 Higuera - Agreement Acquiring Right-of-Way from PratherRESOLUTION NO. 6045 (1986 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT ACQUIRING RIGHT -OF -WAY AT
110 HIGUERA STREET FROM PAUL AND JACQUELINE PRATHER
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "1"
and incorporated herein by reference, between the City of San Luis Obispo
and Paul and Jacqueline Prather is hereby approved and the Mayor is
authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution and
a copy of the executed agreement approved by it to: Paul and Jacqueline
Prather, Finance Director, Public Works Director, and City Attorney.
On motion of Councilman-Settle , seconded by Councilwoman
Dovev and on the following roll
call vote:
AYES: Councilmembers Settle, Dovey, Griffin and Mayor Dunin
NOES: None
ABSENT: Councilwoman Rappa
the foregoing Resolution was passed and adopted this 5th day
of August 1986.
AT EST: nn
Cr CLERK PAMELA V63ES
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City m nistr a cerJ
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City A t rney
R 6045
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EXHIBIT "1"
PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS
TO: Ticor Title Insurance Company
1212 Marsh Street
San Luis Obispo, California 93401
ATTN: , Escrow Officer
RE: Escrow Number
DATE: August , 1986.
SELLER: Paul Prather and Jackie Prather, husband and wife as
community property
BUYER: The City of San Luis Obispo, a chartered municipal
corporation of the State of California
THIS PURCHASE AGREEMENT is made and entered into effective
as of the date hereinafter set forth by and between the City of
San Luis Obispo, a chartered municipal. corporation, hereinafter
referred to as "Buyer" and Paul Prather and Jackie Prather,
husband and wife, hereinafter collectively referred to as
"Seller" who, as part of their agreement, direct the following
escrow instructions to Ticor Title Insurance Company, hereinafter
referred to as "Escrow Agent ", which, by its acceptance hereof,
agrees to be bound by the terms and conditions set forth herein.
RECITALS
WHEREAS, Seller is the owner of that certain parcel of real
property situated in the City of San Luis Obispo, County of San
Luis Obispo, State of California, assessor's parcel numbers
4- 801 -16 and 4- 801 -18, consisting of a portion of Lot 1, Block
149 of J. Harford's addition co m monly known as 110 Higuera
Street, San Luis Obispo, California and more fully described in
Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS, Buyer desires to acquire a portion of said property
consisting of approximately 2,862 plus or minus square feet of
said property bordering on Higuera Street, in the City of San
Luis Obispo, plus improvements. thereon, for purposes of widening
Higuera Street; and
WHEREAS, Buyer desires to compensate Seller for any damages
to his business or property or improvements thereon as a result
of said acquisition or street widening; and
WHEREAS, Buyer intended to institute eminent domain
proceedings to acquire said property for said street widening had
it been unable to negotiate a purchase of said property; and
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WHEREAS, Buyer and Seller prefer to avoid the expense and
delay of eminent domain proceedings and to provide for the
transfer of Seller's right, title and interest in said property
and improvements thereon to Buyer for and on the conditions set
forth in this Agreement; and
WHEREAS, Buyer and Seller have agreed that Seller shall have
the nonexclusive right to use the Property for ingress and
egress to and from Sellers' remaining adjoining property until
Buyer completes the widening of Higuera Street.
NOW, THEREFORE, for valuable consideration, each of the
parties hereto, intending to be legally bound, does hereby agree
as follows:
1. DESCRIPTION OF PROPERTY
1.1 General Description. Seller agrees to sell and
Buyer agrees to purchase the easterly 25 feet of the property
consisting of approximately 2,862 plus or minus square feet as
shown on that certain improvement plan and legal description
attached hereto marked as Exhibit "B" of that-certain parcel of
real property situated in the City of San Luis Obispo, County of
San Luis Obispo, State of California, commonly known as asses-
sor's parcel numbers 4- 801 -16 and 4- 801 -18, consisting of a
portion of Lot 1, Block 149 of J. Harford's addition as more
fully described in Exhibit "B" attached hereto, hereinafter
referred to as "the Property ".
2.
2.1 The purchase price of the Property and compensa-
tion for any damages to Seller's business or property or improve-
ments on the property as a result of Buyer's acquisition shall be
Ninety Thousand and N0 1100 Dollars ($90,000.00.) payable in cash
as further set forth herein.
3. PAYMENT OF PURCHASE PRICE
The entire purchase price shall be paid in cash through
escrow at the close of escrow.
4. ITEMS FOR DELIVERY BY PARTIES
4.1 Deliveries by Buyer. Buyer shall deliver the
following to Escrow Agent not later than 4:30 p.m., on the date
prior to the closing date for release and /or disbursement to
Seller and to pay Buyer's costs hereunder.
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4.1.1 The cash payment of the purchase price
as required by Section 3, above;
4.1.2 Funds required of Buyer as its share of
the escrow fees, closing costs and prorations pursuant to the
provisions of these Instructions unless Buyer has made arrange-
ments satisfactory to Escrow Agent to invoice such amounts to
Buyer for payment outside of escrow;
4.2 Sellers Deliveries. Seller shall deliver the
following to Escrow Agent not later. than 4:30 p.m., on the day
prior to the close of escrow for release and /or recording and
delivery to Buyer and to pay Seller's costs hereunder.
4.2.1 A Grant Deed for the Property, or such
other instrument as agreed by the parties, duly executed and
acknowledged and in form suitable for recording, vesting title to
the Property in the name of Buyer. In the event legally abandon-
ed underground storage tanks are located on the Property, the
location of same shall be described in the Grant Deed;
4.2.2 A partial reconveyance of any trust
deeds recorded against Seller's property as to that .portion of
Seller's property which Buyer is acquiring through this Agree-
ment; and
4.2.3 An executed License Agreement as
Provided in paragraph 15.3.4 herein.
5. CONDITION OF -TITLE
5.1 Title.. Title shall be conveyed by Seller as set
forth in paragraph 4 herein, free of all liens, encumbrances,
covenants, conditions, restrictions, easements, and rights of way
of. record, leases or other possessory interests, other than the
following:
5.1.1 Then- current taxes not yet delinquent;
.5.1.2 Current assessments not yet then due and
payable;
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4.1.3
A Preliminary Change
of Ownership
Information
Statement
as required by the County
Assessor of San
Luis Obispo
County unless the Buyer is exempt from said require-
ment by law;
4.1.4
An executed Certificate
of Acceptance;
and
4.1.5
An executed License
Agreement as
provided in
paragraph
15.3.4 herein.
4.2 Sellers Deliveries. Seller shall deliver the
following to Escrow Agent not later. than 4:30 p.m., on the day
prior to the close of escrow for release and /or recording and
delivery to Buyer and to pay Seller's costs hereunder.
4.2.1 A Grant Deed for the Property, or such
other instrument as agreed by the parties, duly executed and
acknowledged and in form suitable for recording, vesting title to
the Property in the name of Buyer. In the event legally abandon-
ed underground storage tanks are located on the Property, the
location of same shall be described in the Grant Deed;
4.2.2 A partial reconveyance of any trust
deeds recorded against Seller's property as to that .portion of
Seller's property which Buyer is acquiring through this Agree-
ment; and
4.2.3 An executed License Agreement as
Provided in paragraph 15.3.4 herein.
5. CONDITION OF -TITLE
5.1 Title.. Title shall be conveyed by Seller as set
forth in paragraph 4 herein, free of all liens, encumbrances,
covenants, conditions, restrictions, easements, and rights of way
of. record, leases or other possessory interests, other than the
following:
5.1.1 Then- current taxes not yet delinquent;
.5.1.2 Current assessments not yet then due and
payable;
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5.1.3 Such other exceptions to title as are
approved by Buyer pursuant to Section 5.2 below;
5.1.4 Liens and encumbrances resulting from or
attributable to the activities of Buyer pursuant to its right to
enter upon the Property for inspection, surveying and testing
purposes; and
5'.1.5 The License Agreement referred to in
paragraph 15.3.4. herein.
5.2 Approval of Title. Buyer hereby approves those
exceptions and exclusions set forth on that certain preliminary
title report dated March 4, 1986, and attached hereto as Exhibit
"C" except numbers 5 and 6.
5.3 Defects in Title. Seller shall have until the
scheduled closing date specified in Section 7, below, to remove
those exceptions referred to in paragraph 5.2 herein. If, in the
reasonable judgment of Buyer, Seller has been unable to remove
said exceptions by such date, then Buyer, at its option, may
elect (a) to proceed to close the escrow, or (b) to terminate
this escrow by giving written notice of termination to Escrow
Agent and to Seller prior to the expiration of ten (10) days
After the "scheduled closing date. Should Buyer give written.
notice of termination of escrow a_s provided herein, Seller and /or
Escrow Agent shall return to Buyer any sums previously paid to
Seller- pursuant to this Agreement, and any interest accrued
thereon, and shall pay all escrow cancellation charges. Buyer
And Seller shall thereupon be relieved and discharged of any
further liability to one another hereunder for the purchase and
sale of the Property.
6. CONDITIONS TO CLOSING
The Escrow Agent shall file, record and deliver the
closing documents and disburse to Seller the purchase price and
other sums payable to Seller hereunder provided that, at the
closing date:
6.1 Occurrence of Conditions. All conditions of this
Purchase Agreement and Escrow Instructions have been fully
performed; and
6.2 Issuance of Title Policy. Escrow Agent is then
in a position to procure and deliver to Buyer a standard coverage
CLTA Owner's policy of title insurance issued by Ticor Title
Insurance of California, in the usual form containing the usual
printed exceptions. The liability on such title insurance policy
shall be in an amount equal.to the purchase price of the Property
and said policy shall show title to the Property vested in Buyer,
or Buyer's nominee, subject only to those exceptions to title
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specified in Section 5.1, above, or approved by Buyer pursuant to
Section 5.2 above. Buyer, at its option may increase the
coverage under such policy but any additional premium shall be at
the cost and expense of Buyer.
7. ESCROW OPENING AND CLOSING DATE
7.1 Scheduled opening Date. Buyer shall cause escrow
to be opened within five (5) days after the effective date of
this agreement.
7.2 Scheduled Closing Date.
as hereinafter provided, escrow shall
(30) days after the effective date of
date is a weekend or legal holiday
shall close on the following day that
holiday. As used herein, the closing
which a Grant Deed or other instrument
the Property in Buyer is recorded in
Recorder of San Luis Obispo County,
Property is situated; and
Subject to an extension
close on or before thirty
this Agreement unless said
in which event the escrow
is not a weekend or legal
date shall be the date on
as agreed vesting title to
the offices of the County
the county in which the
7.3 Extension by Mutual Agreement. The closing date
may be extended by written .instructions to the Escrow Agent
executed by both Buyer and Seller..
S. PRORATIONS
8.1 Escrow Agent shall prorate between Buyer and
Seller as of the close of escrow, on the basis of thirty -day (30)
months, and a 360 day year general and special property taxes,
bonds and assessments on the Property for the then current fiscal
year.
9. PAYMENT OF ESCROW FEE AND- CLOSING COSTS
9.1 Seller's Costs. Seller shall pay all documentary
and local transfer taxes related to the conveyance of title to
the Property to Buyer and the costs of preparing and recording
the Grant Deed for the Property.
9.2 Buyer's Costs. Buyer shall pay all costs and
fees related to any financing obtained by Buyer, the costs of
preparing, filing and /or recording any documents related thereto
and the cost of the CLTA owner's policy referred to in paragraph
6.2 herein.
9.3 Prorated Costs and Fees. Except as otherwise
expressly provided herein, charges made by the Escrow Agent for
its services and other advances made by Escrow Agent for record-
ation and filing fees shall be allocated between and borne by
Buyer and Seller in accordance with the customary practice of
Escrow Agent.
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9.4 Cancellation Fees. Should this escrow fail to
close on or before the scheduled closing date, or any extension
thereof as provided herein, due to the fault or neglect of Buyer
or Seller or the failure of Buyer or Seller to perform their
respective obligations hereunder, then, as between Buyer and
Seller, all escrow costs and fees shall be paid by the defaulting
party.
10. TIME
Time is of the essence of each and every provision of
this Agreement and the Instructions contained herein.
11. FAILURE OF CONDITIONS: TERMINATION
11.1 If any condition to the close of escrow
:specified in this Agreement fails to occur on or before the
scheduled closing date, then any party who, in the exercise of
reasonable judgment, believes it is.not in default in the perfor-
mance of its obligations under these Instructions and that the
other party is in default in the performance of its obligations,
shall have the right to give written notice of termination of
this Agreement and the escrow established hereunder to the Escrow
Agent, specifying the reason therefore.
11.2 Promptly upon receipt of any such notice,
Escrow Agent shall furnish a copy thereof to the other party. If
such other party does not give written notice to the Escrow Agent
within ten (10) business days .after its receipt of a copy of the
notice of termination, objecting to the termination of the escrow
and setting forth the basis of such objection, then this escrow
shall be terminated. If timely written objection of the termina-
tion of this escrow is made by the other party, then the Escrow
Agent shall proceed as provided in Section 14.2, below.
11.3 The exercise of the right to terminate shall
not constitute a waiver of the rights which either party may have
against the other for breach of or failure to perform its obliga-
tions hereunder. Subject to the provisions of paragraph 5.3
herein, upon termination of the escrow as provided herein, and
the payment of escrow costs and fees, the Escrow Agent shall
remit to the party entitled thereto any monies, documents or
instruments deposited with the Escrow Agent hereunder.
12. BROKER'S COMMISSIONS
Seller represents and warrants to Buyer and Buyer
represents and warrants to Seller that no broker, salesman, or
finder has been engaged by it, respectively, in connection with
the transaction contemplated by this Agreement. Should any claim
for any broker's or finder's fee or commission be made in
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connection with the negotiation, execution, or consummation of
the transaction contemplated by this agreement, Buyer shall
indemnify, defend and hold Seller harmless from and against any
such claim upon any statement, representation or agreement shown
to have been made by Buyer, and Seller shall indemnify, defend
and hold Buyer harmless from and against any such claim based
upon any statement, representation or agreement shown to have
been made by Seller.
13. ADDITIONAL ESCROW INSTRUCTIONS
The parties hereto agree to execute such additional
escrow instructions as may reasonably be required by the Escrow
Agent promptly after a request therefore from said Agent; pro-
vided, however, that no such additional escrow instructions shall
be inconsistent with the terms or conditions hereof. Any
conflict between the provisions of these instructions and any
printed, standard form escrow instructions that may be executed
by the parties shall be resolved in favor of these instructions
unless expressly noted to the contrary by the parties in writing.
14. GENERAL INSTRUCTIONS
14.1 Escrow Fees Indemnification
14.1.1 Buyer and Seller shall pay the customary
fees of the Escrow Agent in San Luis County, and shall. reimburse
such Agent's disbursements, as provided in Sect -ion 9, above.
14.1.2 Buyer and Seller jointly and severally
agree to pay, and to hold Escrow Agent harmless from and against
any and all costs, charges, damages, judgments and attorneys'
fees which Escrow Agent may incur or suffer in connection with or
arising out of this escrow, including those attributable to can-
cellation of this escrow upon notice of termination given as
provided by these instructions, but excluding those attributable
to the fault or neglect of Escrow Agent or its failure to perform
its duties and obligations hereunder.
14.2 Conflicting Demands. Should Escrow Agent receive
or become aware of any conflicting demands or claims with respect
to this escrow or the rights of any party with respect to this
escrow or the rights or any party hereto or any money or property
deposited herein or affected hereby; Escrow Agent shall have the
right to discontinue its performance under these instructions
until the conflict is resolved to its satisfaction, and shall
have the further right to commence or defend any action or
proceeding, including interpleader proceedings, for the purposes
of resolving such conflict, and to be indemnified from the costs
and.expense thereof as provided in Section 14.1, above.
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14.3 Time for Closing. If Escrow Agent is unable to
comply within the time specified herein for the close of escrow,
Escrow Agent will return any /or all documents, money or property
to the parties in accordance with these instructions upon termi-
nation of escrow as provided in Section 11, above. In the
absence of such termination, Escrow Agent will proceed to
consummate this escrow as soon as possible.
14.4 Checks and-Disbursements. All deposits of monies
into escrow shall be made by cash or by certified or cashier's
Check payable to the order of the Escrow Agent unless Escrow
Agent agrees to accept funds in another form. All disbursements
shall be made by the Escrow Agent on its usual form of escrow
check, and shall be mailed by United 'States mail to the address
of the party entitled thereto as set forth on the signature page
of these instructions unless disbursement in another manner is
requested by the party entitled to such funds in supplemental
escrow instructions accepted by the Escrow Agent.
14.5 Counterparts.. These instructions may be
executed in one or more counterparts, each of which, when so
executed, shall be deemed an original, and each such counterpart
together shall constitute one and the same instrument.
14.6 Copies to Agents. Escrow Agent is authorized to
furnish a copy of these instructions, or any amendments thereto,
closing statements and /or any other documents deposited in this
escrow to the lender or lenders of the parties and /or their
respective counsel, upon the request of any such persons.
14.7 Endorsement of Closing Date. The Escrow Agent
is hereby authorized to endorse the date of the close of escrow
on all promissory notes, trust deeds and other documents and
instruments required to be delivered to the Buyer and /or Seller
upon the close of escrow.
14.8 Notices. The Escrow Agent is authorized to give
any notices permitted or required to be given to the parties pur-
suant to these instructions in accordance with the,provisions of.
Section 15.9, of this Agreement.
15. ADDITIONAL AGREEMENT OF THE.PARTIES
As part of their agreement, but with which the Escrow
Agent need not be concerned, Buyer and Seller further agree as
follows:
15.1 Mutual Covenants of.:Buver and Seller. Seller
represents and warrants to Buyer, and Buyer warrants and repre-
sents to Seller that:
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15.1.1 The Warranting Party has the full right,
power and authority to enter into this Agreement;
15.1.2 The Warranting Party is duly organized,
validly existing and in good standing under the laws of the State
of California and is qualified and licensed under any and all.
applicable laws, regulations and ordinances to carry on its
business in the places and in the which the same is
presently conducted;
15.1.3 This Agreement and all agreements,
instruments and documents herein provided to be executed are duly
executed by and binding upon the Warranting Party; and
15.1.4 This Agreement does not now and shall
not hereafter breach, invalidate, cancel, make inoperative or
interfere with any contract, agreement, instrument, mortgage,
Deed of Trust, promissory note, lease, bank loan or credit
agreement to which the Warranting Party is subject or by which it
is bound.
15.2 Additional Representations of Seller. Seller
further warrants and represents to Buyer that:
15.2.1 There are no condemnation proceedings
pending or threatened against the Property except as may be
instituted by Buyer; and
15.2.2 The title conveyed to Buyer will be a
marketable fee simple title, not encumbered by any easement,
license, or other rights not disclosed by public records or
specifically referred to in this Agreement;
15.2.3 Seller hereby makes certain representa-
tions and warranties as of the close of escrow and shall be
conditions precedent to the close of escrow as follows:
a) There are no actions, suits, claims,
legal proceedings or any other proceedings effecting the Property
or any portion thereof at law or in equity or before any Court or
governmental agency, domestic or foreign;
b) There are no buildings on the Property
qualifying as historical structures;
C) Seller has no knowledge of any pending
or threatened proceeding in eminent domain or otherwise by any
public entity other than that relating to the widening of Hguera
Street by the City of San Luis Obispo;
d) There are no leases, subleases, occupan-
cies or tenancies in effect pertaining to the Property;
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e) That there are no liens or encumbrances
on, or claims to, or covenants, conditions and restrictions,
easements, rights of way, rights of first refusal, options to
purchase or other matters effecting the Property;
f) That there is no material adverse fact
or condition relating to the Property or any portion thereof,
which has not been specifically disclosed in writing by Seller to
Buyer;
g) That Seller has the legal power, right
and authority to enter into an agreement for the sale of this
Property to Buyer;
h) That there are no fixtures on the Pro-
perty in which anyone other than the Seller will have any claim,
rights or security or other interests at the close of escrow;
i) That there ate no encroachments on to
the Property" of improvements located on any adjoining property
nor to any improvements located on the Property located on to any
adjoining property;
j) That there are no prescriptive or other
easements effecting the Property; and
k) That all underground storage tanks have
been removed from the Property or legally abandoned thereon, that
the property shall be free from gasoline or other petroleum
byproducts contamination and the soil filled and recompacted to
ninety (90 %) percent relative compaction based on a soils test.
15.3 Right of .Entry /Easement re Passage
15.3.1 Seller agrees that Buyer and its
officers, agents and employees shall be entitled to enter into
and upon the Property for the purpose of making such inspections,
surveys, engineering, soils and geological tests, including test
borings and soundings, and other studies as Buyer shall determine
to be necessary or desirable.
15.3.2 Buyer agrees to keep the Property free
and clear of all liens resulting from or attributable to Buyer's
activities on the Property prior to the close of escrow, and
shall indemnify and hold Seller free and harmless from. any
damage, liability, cost or expense, including attorneys' fees,
resulting from or attributable to Buyer's activities on the
Property.
15.3.3 If Buyer fails to complete the purchase
of the Property as provided by this Agreement for any reason
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other than the fault or neglect
the Property to substantially the
to Buyer's entry pursuant to this
O
of Seller, Buyer
same condition as
Section 15.3.
shall restore
existed prior
15.3.4 Buyer and Seller agree to execute and
acknowledge the License Agreement a copy of which is attached
hereto, marked Exhibit "D ", and hereby incorporated herein by
this reference, allowing Seller the nonexclusive use of the
Property for ingress and egress until such time as Buyer- has
completed the improvements related to the widening of Higuera
Street. As set forth therein Seller agrees to indemnify and hold
Buyer harmless from the actions or omissions of Seller or
Sellers' agents or invitees related to Sellers' __ of the
Property.
15.4 Conditions of Approval. Each of the conditions of
the close of escrow set forth herein shall be deemed to be
covenants and Buyer and Seller each promise to the other to
perform all of the conditions required to be satisfied by them
hereunder.
15.5 Survival of_ Representations. The representations
of each of the parties and their executory covenants, excepting
the representation set forth in paragraph 15.2.4 subparagraph k,
shall survive the close of escrow and shall not be merged in the
Grant Deed delivered to and accepted by Buyer. The representa-
tion set forth in paragraph. 15.2.4 subparagraph k shall not
survive the close of escrow.
15.6 Possession. Possession of the Property shall be
delivered to Buyer immediately upon the close of escrow.
15.7 Remedies. Should either party default in the
performance of any of its obligations hereunder, or fail to
complete the sale and purchase provided for herein, the nonde-
faulting party shall be excused from all obligations and duties
and may proceed against the defaulting party on any cause of
action or any remedy at law or in equity (including the right of
Buyer to specific performance).
15.8 Binding Effect; Assignment. Buyer shall not be
entitled to assign its rights and /or to delegate its duties
hereunder to any person. or entity, other than a governmental
entity, and any purported assignment or attempt to assign shall
be null and void and without legal effect.
15.9 Notices. Any notices permitted or required
hereunder shall be in writing and shall be deemed to have been
given when personally delivered or on the third business day
after the date on which mailed by certified or registered mail,
return receipt requested, addressed as follows:
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15.10 Attorneys' Fees. Should any action or
proceeding be necessary to construe or enforce the terms or con-
ditions of this Agreement, or the validity thereof, then the
party prevailing in such action shall be entitled to recover all
court costs and reasonable attorneys' fees, to be fixed by the
court and taxed as part of the judgment therein.
15.11 Further Assurances. Buyer and Seller each
agree to cooperate with one another and to perform such acts and
to execute such documents or instruments as may be necessary or
proper to consummate the transaction contemplated by this Agree-
ment and the foregoing instructions.
15.12 Interpretations. As used in this Agreement, the
masculine, feminine and neuter gender and the singular or plural
numbers shall each be deemed to include the other whenever the
context indicates or requires. The captions to the various
Sections and paragraphs of this Agreement are only for
convenience and reference purposes and are not intended to define
or limit the provisions to which they relate. The parties agree
that each party and counsel have reviewed this Agreement and that
any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the
interpretation of this agreement or any amendments or exhibits
thereto.
15.13 Effective Date. This Agreement shall be
effective on the date it is approved by Buyer's City Council.
Said approval shall be given no later than August 5, 1986 or this
Agreement shall be null and void and without further effect.
15.14 Complete Agreement.. This document and its
exhibits constitute the entire agreement of the parties and. may
not. be altered or amended except by an agreement in writing
signed by the parties after the date hereof.
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v
I V
To Seller:
Mr. and Mrs. Paul Prather
c/o Budget Rent a Car
617 South Broadway
Santa Maria, California 93454
To Buyer:
City Attorney
Post Office Box 8100
San Luis Obispo, California
93403 -8100
15.10 Attorneys' Fees. Should any action or
proceeding be necessary to construe or enforce the terms or con-
ditions of this Agreement, or the validity thereof, then the
party prevailing in such action shall be entitled to recover all
court costs and reasonable attorneys' fees, to be fixed by the
court and taxed as part of the judgment therein.
15.11 Further Assurances. Buyer and Seller each
agree to cooperate with one another and to perform such acts and
to execute such documents or instruments as may be necessary or
proper to consummate the transaction contemplated by this Agree-
ment and the foregoing instructions.
15.12 Interpretations. As used in this Agreement, the
masculine, feminine and neuter gender and the singular or plural
numbers shall each be deemed to include the other whenever the
context indicates or requires. The captions to the various
Sections and paragraphs of this Agreement are only for
convenience and reference purposes and are not intended to define
or limit the provisions to which they relate. The parties agree
that each party and counsel have reviewed this Agreement and that
any rule of construction to the effect that ambiguities are to be
resolved against the drafting party shall not apply in the
interpretation of this agreement or any amendments or exhibits
thereto.
15.13 Effective Date. This Agreement shall be
effective on the date it is approved by Buyer's City Council.
Said approval shall be given no later than August 5, 1986 or this
Agreement shall be null and void and without further effect.
15.14 Complete Agreement.. This document and its
exhibits constitute the entire agreement of the parties and. may
not. be altered or amended except by an agreement in writing
signed by the parties after the date hereof.
PRATHE2B.PUR
7/29/86
12
�I
IN WITNESS WHEREOF, Buyer and Seller have executed this
Purchase Agreement and these Escrow Instructions on the date
set forth opposite their respective names.
Dated: g Ig lg�
ATTEST: /
V
City Clerk Pame Voges
l
BUYER
CITY OF SAN LUIS OBISPO,
a chartered municipal corporation
By,
mayor rolri'l3unin
S ET LER
,//
Date PAUL PRATHER
- eo
Date
PRATHE2B.PUR
7/29/86
13
C`, J 152544 -DW
PAGE 4
(DW1)
DESCRIPTION
PARCEL 1:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH STREET
WITH THE WESTERLY LINE OF HIGUERA STREET, AS SHOWN ON SAID MAP;
THENCE ALONG THE WESTERLY LINE OF HIGUERA STREET, SOUTH 30 15' 00"
WEST, 216.46 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 860 48' 00" WEST, 120.00 FEET;
THENCE SOUTH 3° 15' 00" WEST, 103.05 FEET TO THE SOUTHERLY LINE OF
THE PORTION OF SAID LOT 1 DESCRIBED IN THE DEED TO R. A. LOOMIS,
RECORDED MAY 25, 1876 IN BOOK H, PAGE 449 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 81° 11' 30" EAST, 114.77 FEET
TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE
OF CALIFORNIA, RECORDED AUGUST 21, 1961 IN BOOK 1140, PAGE 47 OF
OFFICIAL RECORDS;
THENCE ALONG SAID WESTERLY LINE, NORTHERLY FROM A TANGENT LINE
BEARING NORTH 170 02' 34" EAST, ALONG A CURVE CONCAVE WESTERLY_ HAVING
A RADIUS OF 200 FEET,,THROUGH A CENTRAL ANGLE OF 130 47' 34 ", AN ARC
DISTANCE OF 48.15 FEET TO THE WESTERLY LINE OF SAID HIGUERA STREET;
THENCE ALONG SAID WESTERLY LINE OF HIGUERA STREET, NORTH 3° 15' 00"
EAST, 66.59 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THAT PORTION OF LOT 1 IN BLOCK
149 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE
CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AS SHOWN ON MAP .FILED IN BOOK A, PAGE 123 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH STREET
WITH THE WESTERLY LINE OF HIGUERA STREET, AS SHOWN ON SAID MAP;
THENCE ALONG THE WESTERLY LINE OF BIGUERA STREET, SOUTH 3° 15' 0'0"
WEST, 196.46 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 30 1.5' 00" WEST,
20.00 FEET;
THENCE NORTH 86° 48' 00" WEST, 20.00 FEET;
THENCE NORTH 480 13' 27" EAST, 28.30 FEET TO THE TRUE POINT OF
BEGINNING.
E AX ri is
I 111131T "Alf
-�' 152544 -DW
PAGE 5
(DWI)
PARCEL 3:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND SURVEYED IN
1963 AND SHOWN ON MAP FILED FOR RECORD IN BOOK 13, PAGE 23 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE RUNNING WESTERLY ALONG THE EXTENSION OF THE SOUTHERLY LINE OF
SAID PARCEL, NORTH 810 11' 30" WEST, 69.08 FEET TO A POINT IN THE
EAST LINE OF THE NIPPON TRACT RECORDED IN BOOK 5, PAGE 2.3 OF MAPS;
THENCE NORTHERLY ALONG SAID EAST LINE NORTH 60 31' EAST, 78.37 FEET;
THENCE LEAVING SAID EAST LINE AND RUNNING SOUTH 860 48' EAST, 64.27
FEET TO A POINT ON THE WEST LINE OF THAT PARCEL SHAWN ON SAID RECORD
OF SURVEY MAP IN BOOK 13, PAGE 23;
THENCE SOUTH 30 15' WEST, 85.59 FEET ALONG SAID WEST LINE TO POINT OF
BEGINNING.
PARCEL 4:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOR
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND SURVEYED IN
1963 AND SHOWN ON MAP FILED FOR RECORD IN BOOR 1.39 PAGE 23 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE RUNNING NORTH 30 15' EAST 85..59 FEET ALONG THE WEST LINE OF
SAID PARCEL TO THE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE.AND RUNNING NORTH 860 48' WEST 64.27
FEET TO A POINT ON THE EAST LINE OF THE NIPPON TRACT SHOWN IN BOOK 5,
PAGE 23 OF MAPS;
THENCE RUNNING NORTH 60 31' EAST 17.49 FEET ALONG SAID EAST LINE TO A
POINT;
THENCE LEAVING SAID EAST LINE AND RUNNING SOUTH 860 48' EAST 63.27
FEET TO THE NORTHWEST CORNER OF SAID PARCEL SHOWN ON SAID RECORD OF
SURVEY MAP IN BOOK 13, PAGE 23;
THENCE RUNNING SOUTH 3° 15' WEST, 17.46 FEET ALONG SAID WEST LINE TO
THE TRUE POINT OF BEGINNING.
(END OF DESCRIPTION)
�/ A-Ar rr .F�DJS �r\- DDJJN 13LOGK
9bo- - - -L -� 149
yy9
--I aLOOq 80
_- LOT 116 �-
z
3
5_
cA g
0
z
CZ
L
T
W Ma-
1Y 47'34'
42. ►5'
24.19'
M HI&VERA ST.
TO CITY OF SAN LUIS 00ISpO
SETBACK LINE WIPEN1NGr
DZD
N 30 IS' CO u E
rM0 4"
8
N
P. D. g.
TOTAL AREA: 262 SR FT
EXHIBIT "B"
RENT -A -CAR
That portion of Lot 1 of Block 149 of the J. Harford Addition, in the City
of San Luis Obispo, County of San Luis Obispo, according to the map
thereof recorded in Book A, Page 123 of Maps, in the office of the County
Recorder of said County, which is described as follows:
Beginning at a point on the westerly line of Higuera Street that bears
South 30 15' 00" West, 216.46 feet from the intersection of the
westerly line of Higuera Street with the southerly line of South
Street, as said points are shown on Record of Survey recorded in Book
13 page 23; thence South 30 15' 00" West along the westerly line of
Higuera Street, a distance of 66.59 feet to a point; thence on a curve
to the right, tangent to the last described line, with a radius of
200.00 feet, through an angle of 130 47' 34 ", for a length of 48.15
feet to a point; thence North 810 11' 30" West, a distance of 25.54
feet to a point; thence northerly on a curve having a tangent that
bears North 160 01' 53" East, with a radius of 250.00 feet through
an angle of 120 46' 53 ", for a length of 55.17 feet to a point;
thence North 30 15' 00" East, a distance of 56.46 feet to a point;
thence South 860 48' 00" East, a distance of 25.00 feet to the Point
of Beginning.
Containing .0657 acres, more or less.
TPG /desc
by
P R E L I M I N A R Y R E P O R T
TICOR TITLE INSURANCE
1212 MARSH STREET
SAN LUIS OBISPO, CALIFORNIA 93406
(805) 543 -2900
CITY OF SAN LUIS OBISPO
ATTN: ANN RUSSELL
BOX 8100
SAN LUIS OBISPO, CA. 93403
YOUR REFERENCE: PRATHER
OUR NO. 152544
IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF
TITLE INSURANCE, TICOR TITLE INSURANCE COMPANY OF CALIFORNIA HEREBY
REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF
THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING
THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH,
INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT,
LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR
NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDI-
TIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID
POLICY OR POLICIES ARE SET FORTH ON THE ATTACHED COVER. COPIES OF
THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE
WHICH ISSUED THIS REPORT.
THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS THERETO) IS
ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A
POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT
IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A
POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUEST-
ED.
DATED AS OF MARCH 4, 1986, AT 7:30 A.M.
TITLE OFFICER: DEBBIE WEGEMER
THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
CLTA STANDARD COVERAGE POLICY - 1973
EXHUBIT "C"
I
152544 -DW
PAGE 2
(DWI)
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED
TO COVERED BY THIS REPORT IS A FEE.
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
PAUL PRATHER AND JACQUELINE PRATHER,
HUSBAND AND WIFE AS JOINT TENANTS
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. FOR TARES, BONDS AND ASSESSMENTS, CURRENT OR DELINQUENT, SEE
EXHIBIT "I" ATTACHED.
2. A WAIVER IN FAVOR OF THE STATE OF CALIFORNIA OF ANY CLAIMS FOR
DAMAGES TO SAID LAND BY REASONS STATED HEREIN, CONTAINED IN THE DEED
FROM JOSEPH ESCOBEDO
REASON LOCATION, CONSTRUCTION, LANDSCAPING AND
MAINTENANCE OF A HIGHWAY CONTIGUOUS
THERETO
RECORDED AUGUST 21, 1961 IN BOOK 1140, PAGE 47 OF
OFFICIAL RECORDS.
3. A RIGHT OF WAY OVER THE WESTERLY PORTION OF PARCELS 2 AND 3 AND
AN EASEMENT OVER A RECTANGULAR PARCEL OF LAND WITHIN PARCELS 2 AND 3
AS DISCLOSED BY A MAP RECORDED IN BOOK 6, PAGE 108 OF RECORD OF
SURVEYS.
4. COVENANT
DATED
BY 6 BETWEEN
FOR
RECORDED
APRIL 3, 1963
SIGNAL OIL COMPANY (A DIVISION OF
STANDARD OIL COMPANY OF CALIFORNIA), AND
MARTIN V. SMITH
A CONDITIONAL USE PERMIT
APRIL 11, 1963 IN BOOK 1235, PAGE 300
OF OFFICIAL RECORDS.
i
152544 -DW
PAGE 3
(DW1)
5. AN UNRECORDED LEASE, AFFECTING THE PREMISES HEREIN STATED,
EXECUTED BY AND BETWEEN THE PARTIES NAMED HEREIN, FOR THE TERM AND
UPON THE TERMS, COVENANTS AND CONDITIONS THEREIN PROVIDED,
TYPE. OF LEASE COMMERCIAL
DATED MARCH 30, 1967
LESSOR STANDARD OIL COMPANY OF CALIFORNIA
LESSEE HUMBLE OIL & REFINING COMPANY
DISCLOSED BY MEMORANDUM OF SUBLEASE OF PFI PROPERTIES
RECORDED APRIL 26, 1967 IN BOOK 1432, PAGE 642 OF
OFFICIAL RECORDS
AFFECTS PARCELS 1 AND 2 HEREIN DESCRIBED
NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID LEASE-
HOLD OR MATTERS AFFECTING THE RIGHTS OR INTERESTS OF THE LESSOR OR
LESSEE ARISING OUT OF OR OCCASIONED BY SAID LEASE.
6. A DEED OF TRUST, AND
NESS OF THE AMOUNT STATED
DATED
ORIGINAL AMOUNT
TRUSTOR
TRUSTEE
BENEFICIARY
RECORDED
INSTRUMENT NO
DESCRIPTION:
THE LAND REFERRED
CALIFORNIA, COUNTY
ATTACHED HERETO.
DW:VH
3/18/86
ALL TERMS THEREOF, TO SECURE AN INDEBTED -
HEREIN,
APRIL 12, 1985
$112,500,.00
PAUL PRATHER AND JACQUELINE PRATHER,
HUSBAND AND WIFE AS JOINT TENANTS
MSB PROPERTIES, INC.
MID -STATE BANK, A CALIFORNIA BANKING
CORPORATION
MAY 13, 1985 IN BOOK 2706, PAGE 359 OF
OFFICIAL RECORDS
25932.
TO IN THIS REPORT I.S SITUATED IN THE STATE OF
OF SAN LUIS OBISPO, AND IS DESCRIBED AS FOLLOWS:
I r
152544 -DW
PAGE 4
(DWI)
DESCRIPTION
PARCEL 1:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH STREET
WITH THE WESTERLY LINE OF HIGUERA STREET, AS SHOWN ON SAID MAP;
THENCE ALONG THE WESTERLY LINE OF HIGUERA STREET, SOUTH 3° 15' 00"
WEST, 216.46 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 86° 48' 00" WEST, 120.00 FEET;
THENCE SOUTH 30 15' 00" WEST, 103.05 FEET TO THE SOUTHERLY LINE OF
THE PORTION OF SAID LOT 1 DESCRIBED IN THE DEED TO R. A. LOOMIS,
RECORDED MAY 25, 1876 IN BOOK H, PAGE 449 OF DEEDS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 81° 11' 30" EAST, 114..77 FEET
TO THE WESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE
OF CALIFORNIA, RECORDED AUGUST 21, 196.1 IN BOOK 11402 PAGE 47 OF
OFFICIAL RECORDS;
THENCE ALONG SAID WESTERLY LINE, NORTHERLY FROM A TANGENT LINE
BEARING NORTH 17° 02' 34" EAST, ALONG A CURVE CONCAVE WESTERLY HAVING
A RADIUS OF 200 FEET, THROUGH A CENTRAL ANGLE OF 13° 47' 34 "; AN ARC
DISTANCE OF 48.15 FEET TO THE WESTERLY LINE OF SAID HIGUERA STREET;
THENCE ALONG SAID WESTERLY LINE OF HIGUERA STREET, NORTH 3° 15' 00"
EAST, 66.59 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
AN EASEMENT FOR DRIVEWAY PURPOSES OVER THAT PORTION OF LOT 1 IN BLOCK
149 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE
CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK A, PAGE 123 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF SOUTH STREET
WITH THE WESTERLY LINE OF HIGUERA STREET, AS SHOWN ON SAID MAP;
THENCE ALONG THE WESTERLY LINE OF HIGUERA STREET, SOUTH 30 15' 00"
WEST, 196.46 FEET TO THE TRUE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY LINE, SOUTH 30 15' 00" WEST,
20.00 FEET;
THENCE NORTH 860 48' 00" WEST, 20.00 FEET;
THENCE NORTH 480 13' 27" EAST, 28.30 FEET TO THE TRUE POINT OF
BEGINNING.
-� 152544 -DW
PAGE 5
(DW "1)
PARCEL 3:
THAT PORTION OF LOT 1 IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA.,.AS SHOWN ON MAP FILED IN BOOK
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND SURVEYED IN
1963 AND SHOWN ON MAP FILED FOR RECORD IN BOOK 13, PAGE 23 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE RUNNING WESTERLY ALONG THE EXTENSION OF THE SOUTHERLY LINE OF
SAID PARCEL, NORTH 810 11' 30" WEST, 69.08 FEET TO A POINT IN THE
EAST LINE OF THE NIPPON TRACT RECORDED IN BOOK 5, PAGE 23 OF MAPS;
THENCE NORTHERLY ALONG SAID EAST LINE NORTH 60 31' EAST, 78.37 FEET;
THENCE LEAVING SAID EAST LINE AND RUNNING SOUTH 860 48' EAST, 64.27
FEET TO A POINT ON THE WEST LINE OF THAT PARCEL SHOWN ON SAID RECORD
OF SURVEY MAP IN BOOK 13, PAGE 23;
THENCE SOUTH 30 15' WEST, 85.59 FEET ALONG SAID WEST LINE TO POINT OF
BEGINNING.
PARCEL 4:
THAT PORTION OF LOT 1 .IN BLOCK 149 OF J. HARFORD'S ADDITION TO THE
CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOR
A, PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THAT PARCEL OF LAND SURVEYED IN
1963 AND SHOWN ON MAP FILED FOR RECORD IN BOOK 13, PAGE 23 OF RECORD
OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;
THENCE RUNNING NORTH 30 15' EAST 85.59 FEET ALONG THE WEST LINE OF
SAID PARCEL TO THE POINT OF BEGINNING;
THENCE LEAVING SAID WEST LINE AND RUNNING NORTH 860 48' WEST 64.27
FEET TO A POINT ON THE EAST LINE OF THE NIPPON TRACT SHOWN IN BOOK 5,
PAGE 23 OF MAPS;
THENCE RUNNING NORTH 60 31' EAST 17.49 FEET ALONG SAID EAST LINE TO A
POINT;
THENCE LEAVING SAID EAST LINE AND RUNNING SOUTH 860 48' EAST 63.27
FEET TO THE NORTHWEST CORNER OF SAID PARCEL SHOWN ON SAID RECORD OF
SURVEY MAP IN BOOK 13, PAGE 23;
THENCE RUNNING SOUTH 30 15' WEST, 17.46 FEET ALONG SAID WEST LINE TO
THE TRUE POINT OF BEGINNING.
(END OF DESCRIPTION)
152544 -DW
PAGE 6
(DWI)
EXHIBIT "I"
1. GENERAL AND SPECIAL
COUNTY TAXES AND CITY TAXES FOR THE FISCAL
YEAR 1.985 -1986, INCLUDING
PERSONAL PROPERTY TAX, IF ANY,
TOTAL. AMOUNT
$1,287.44
FIRST INSTALLMENT
$ 642.73 - PAID
PERSONAL PROPERTY OF
NONE
IN THE AMOUNT OF
NONE
SECOND INSTALLMENT
$ 642.73
CODE AREA
003 -000
PARCEL NO.
04- 801 -16 -000
TOTAL AMOUNT
$429.14
FIRST INSTALLMENT
$214.57 - PAID
PERSONAL PROPERTY OF
NONE
IN THE AMOUNT OF
NONE
SECOND INSTALLMENT
$214.57
CODE AREA
PARCEL NO.
003 -000
04- 801 -18 -000
TOGETHER WITH SUCH ADDITIONAL AMOUNTS WHICH MAY BE ASSESSED BY REASON
OF:
(A) IMPROVEMENTS ADDED SUBSEQUENT TO MARCH 1, 1975;
(B) CHANGES OF OWNERSHIP OCCURRING SUBSEQUENT TO MARCH 1, 1975;
(C) ANY FINAL JUDGMENT DETERMINING THAT CONSTITUTIONAL ARTICLE
XIII A HAS BEEN APPLIED IMPROPERLY;
(D) REAPPRAISAL OF PROPERTY VALUES AS OF MARCH 1, 1975.
2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE
PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE
AND TAXATION CODE OF THE STATE OF CALIFORNIA.
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Recording Requested by:
and when recorded return to:
Mr. Paul Prather
617 South Broadway
Santa Maria, California 93454
LICENSE AGREEMENT
THIS AGREEMENT made this 5th day of August , 1986, by
and between the City of San Luis Obispo, a chartered municipal
corporation of the State of California, hereinafter referred to
as "Licensor," and Paul Prather and Jackie Prather, husband and
wife, hereinafter referred to as "Licensee."
WHEREAS, Licensor and Licensee have entered into a
certain "Purchase Agreement and Escrow Instructions" dated
, 1986, under the terms of which Licensor shall acquire
title to that certain real property consisting of a portion of
Lot 1, Block 149 of J. Harford's addition as more fully described.
in Exhibit "A" attached hereto, hereinafter referred to as the
"Property "; and
WHEREAS, Licensor is acquiring the Property for
purposes of widening Higuera Street at some as yet undetermined
future date; and
WHEREAS, Licensee desires to obtain permission to use
the Property for ingress and egress to his adjoining property
after title to the Property passes to Licensor.
NOW, THEREFORE, it is agreed as follows:
Licensor, for and in consideration of the full and prompt
performance of the acts to be performed by Licensee as herein set
forth, hereby grants to Licensee, subject to the termination as
herein provided and under the terms, conditions and provisions
hereof, the right and privilege to construct, maintain, repair,
renew and remove a paved access .roadway over and upon the
Property, and to use the Property for ingress and egress to and
from Licensees' adjoining property.
Licensee is aware and understands that Licensor will be
constructing street widening improvements on the Property which
may effect and /or partially interfere with Licensee's use and
enjoyment of the Property and the improvements thereon. Licensor
PRATHE2.LIC 1
7/30/86
EXHIBIT "D"
n
and Licensee agree to cooperate as much as reasonably possible
during the construction of said improvements to facilitate
Licensee's use of the Property for ingress and egress.
Licensor is aware and understands that Licensee will be
constructing improvements on the property to facilitate its use
for ingress and egress. Licensee shall not hereafter contend
that the construction of said improvements renders this License
irrevocable.
Licensee shall not interfere with or obstruct the use of
the Property by Licensor, or Licensoe's employees or agents, or
injure or interfere with any person or property on or about the
Property.
The rights and privileges hereby conveyed are personal to
Licensee and shall not be assigned .by Licensee, in whole or in
part, without first obtaining the written consent of Licensor.
No written consent by Licensor hereunder shall be deemed a waiver
by Licensor of any of the provisions hereof, except of such
consent.
This License Agreement shall terminate as to all rights and
obligations created hereby when Licensor has advised Licensee in
writing that Licensor has completed the widening of Higuera
Street, and all related improvements necessitated thereby. At
said time Licensee shall execute, acknowledge and deliver to
Licensor, a Quitclaim Deed relinquishing Licensee's interest in
the Property.
Licensee agrees to indemnify Licensor against, and save
Licensor harmless from, all costs and expenses, including
attorney fees, and all liability, claims and demands of Licensee
and Licensees' employees, agents and. invitees, and any other
persons for loss of or damage to property, or injury to or death
of persons, which may result from the use of the Property by
Licensee.
Licensee agrees to pay Licensor in full and promptly upon
demand for any and all loss of or damage to Licensoe's property
caused by Licensee by, or growing out of any operations of
Licensee hereunder or in connection herewith.
Any notice provided herein to be given by either party
hereto to the other may be served by depositing in the United
States Post Office, postage prepaid, a sealed envelope containing
a copy of such notice and addressed to said party at its princi-
pal place of business as follows:
To Licensor: City Attorney
Post Office Box 8100
San Luis Obispo, California
93403 -8100
PRATHE2.LIC 2
7/30/86
f
W
C
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To Licensee: Mr. and Mrs. Paul Prather
c/o Budget Rent a Car
617 South Broadway
Santa Maria, California 93454
In witness whereof the parties have caused this agreement to
be executed in duplicate by their proper officers, who are
thereunto duly authorized.
Dated:
CAT. NO. NNO0627
TO 1944 CA (1 -83)
(Individual)
CITY OF SAN LUIS OBISPO,
a chartered municipal corporation
By Ma
PAUL PRATHER
CKIE PRATHEER
ACKNOWLEDGEMENT
J TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF Santa Barbara SS.
On August Z, 1986 before me, the undersigned, a Notary Public in and for
said State, personally appeared Paul Prather
personally known to me or
Proved to me on the basis of satisfactory evidence to be
the person_ whose name is subscribed to the
within instrument and acknowledged that he exe-
cuted the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
t .4T JEANNE M. NOTAKOS
N=ry Public - California
' Principal Office In
I ; San Luis Obispo County
My Comm. Exp. Apr. 23; 1988
PRATHE2.LIC 3
7/30/86
(This area for official notarial seal)
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RENT -A -CAR
That portion of Lot 1 of Block 149 of the J. Harford Addition, in the City
of San Luis Obispo, County of San Luis Obispo, according to the map
thereof recorded in Book A. Page 123 of Maps, in the office of the County
Recorder of said County, which is described as follows:
Beginning at a point on the westerly line of Higuera Street that bears
South 30 15' 00"-West, 216.46 feet from the intersection of the
westerly line of Higuera Street with the southerly line of South
Street, as said points are shown on Record of Survey recorded in Book
13 page 23; thence South 30 15' 00" West along the westerly line of
Higuera Street, a distance of 66.59 feet to a point; thence on a curve
to the right, tangent to the last described line, with a radius of
200.00 feet, through an angle of 130 47' 34 ", for a length of 48.15
feet to a point; thence North 810 11' 30" West, a distance of 25.54
feet to a point; thence northerly on a curve having a tangent that
bears North 160 01' 53" East, with a radius of 250.00 feet through
an angle of 120 46' 53 ", for a length of 55.17 feet to a point;
thence North 30 15' 00" East, a distance of 56.46 feet to a point;
thence South 860 48' 00" East, a distance of 25.00 feet to the Point
of Beginning.
Containing .0657 acres, more or less.
TPG /desc
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