HomeMy WebLinkAboutR-5819 Agreement Between the City & Evans - Higuera PropertyRESOLUTION NO. 5819 (1985 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREII= BETWEEN THE
CITY ADD LOMLME EVANS AND THE ESTATE OF
GERALD B. EVANS
BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo
and Lorraine Evans and the Estate of Gerald B. Evans 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: Lorraine Evans, Ethel
M. Evans, Administratrix of the Estate of Gerald B. Evans, Janice D.
Evans, Clifford B. Evans, Finance Director, and Public Works Director.
On motion. of Councilman Settle , seconded by
Councilman Dunin , and on the following roll
call vote:
AYES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSENT: None
R 5819
the foregoing Resolution was passed and adopted this 19th day
of November 1 1985.
CLERK PAMELA VOSGES
ADPRO
Q 4,,a�
Ci Administrativ Otpicer
Public Works Director
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?MRCS kSE AND SALE AGREEi✓F N 1
THIS PURCHASE AND SALE AGREE= ( "Agreement ") is dated for reference
g0-- -poses only as of November 19, 1985, and constitutes an agreement by
which LORRAINE EVANS and the ESTATE OF GERALD B. EVANS ( "Sellers ") agree
to effect a sale of, and CITY OF SAN LUIS OBISPO, a chartered municipal
corporation of the State of California ( "Buyer ") agrees to purchase that
certain real property ( "Property ") consisting of approximately thirty -nine
thousand seven hundred fifty -three (39,753) plus or minus square feet in
the City of San Luis Obispo, County of San Luis Obispo, California, more
particularly described on Exhibit "A -1 ", attached hereto and incorporated
herein by this reference, commonly known as 148 -182 Higuera Street, San
Luis Obispo, California.
The terms and conditions of this Agreement, are as follows:
1. Purchase and Sale. Sellers agree to sell to Buyer, and Buyer
agrees to purchase from Sellers, the Property upon the terms and
conditions herein set forth.
2. Purchase Price. The Purchase Price of the Property shall be Four
Hundred Ninety Thoi; sand Dollars ($490,000) cash.
3. Payment of Purchase Price. Prior to "Close of Escrow" as defined
below, Buyer shall pay the Purchase Price for the Property by delivering
to the Escrow Holder, (as defined below) for disbursement to the Sellers,
as provided for in this Agreement, cash or check, or warrant, of the City
of San Luis Obispo, made payable to Escrow Holder in the amount equal to
the Purchase Price. Any sums delivered to the Escrow Holder pursuant to
this paragraph 3 shall be deposited in an interest: bearing account with !
all interest accruing in Buyer's favor.
4. Conditions of Title. Fee simple absolute title to the Property
shall be conveyed by Sellers to Buyer by grant deed (which grant deed
shall be fully executed and acknowledged and deposited by Sellers into
escrow prior to the close thereof, subject to no reservations and subject
only to the following conditions of title ( "Conditions of Title ")).
a. A lien to secure payment of real estate taxes, not
delinquent;
b. Matters affecting the Conditions of Title created by, or
with the written consent of, Buyer;
With respect to any encumbrances securing obligations relative to the
Property, including, but not limited to, deeds of trust, Sellers covenant
that they will cause the removal of all said encumbrances by the Close of
Escrow (as defined below).
Title shall be evidenced by the willingness of the Escrow Holder to
issue its C.L.T.A. owners form policy of title insurance in the amount of
the Purchase Price showing title to the Property vested in Buyer, subject
only to the Conditions of Title. If Escrow Holder (as defined below) is
unwilling to issue such insurance policy, or if Sellers have not removed
any exceptions disapproved by Buyer prior to the Close of Escrow (as
defined below), at Buyer's option and in addition to any other remedies
available to Buyer, all obligations to the parties hereunder shall
terminate, the Escrow Holder shall return to Buyer any sums which have
been deposited into Escrow by Buyer, Sellers shall return to Buyer any
sums paid for an Option Price, and Sellers shall bear the costs of escrow.
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5. Escrow.
a. Opening of Escrow. Upon execution of this Agreement, an
escrow account shall be opener with Ticor Title insurance ( "Escrow
Holder "), or other title insurance company mutually agreed to by the
parties in writing, at an office in San. Luis Obispo, California, for the
consummation of this transaction.
b. Close of Escrow. For the purposes of this Agreement, the
"Close of Escrow" shall be defined as the date that the Grant Deed
conveying the Property to Buyer is recorded in the official records of the
County of San Luis Obispo. The parties agree to use their best efforts to
effect the Close of Escrow, and the parties shall be in a position to
close no earlier than January 1, 1987 and not later than January 15, 1987
(the latter is the "Closing Date "). In the event that this escrow fails
to close by the Closing Date (or as extended by the mutual written
agreement of the parties delivered to Escrow Holder prior to the Closing
Date) by reason of any defaults hereunder, the defaulting party shall bear
all costs and expenses of escrow.
6. Costs and Expenses. The cost and expense of the title insurance
policy to be issue4 in favor of the Buyer pursuant to paragraph 4 hereof,
shall be paid by Sellers. Except as otherwise specifically provided
herein, the escrow fee of Escrow Holder shall be paid one -half by Sellers
and one -half by Buyer. Sellers shall pay all documentary transfer taxes
payable in the recordation of the Grant Deed and any other documents which
the parties may mutually direct to be recorded in the official records.
Buyer and Sellers shall pay, respectively, the Escrow Holder's
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customary charges to Buyer and Sellers for document drafting., recording,
and miscellaneous charges. Real property tares and rents for the Property
shall be prorated as of the Close of Escrow.
7. Disbursements and other actions by Escrow Holder. Upon the Close
of Escrow, the Escrow Holder shall promptly undertake all of the following
in the manner hereinbelow indicated:
a. Disburse all funds deposited with Escrow Holder by Buyer in
payment of the Purchase Price for the Property as follows:
(1) Deduct therefrom all items chargeable to account of
Sellers pursuant hereto and for the account of any lenders of record,
pursuant to separate instructions by Sellers.
(2) The remaining balance of the funds so deposited by
Buyer shall be disbursed to Sellers promptly upon the Close of Escrow.
b. Cause the Grant Deed and any other documents which the
parties hereto may mutually direct to be recorded in the official records.
8. Waiver of Relocation Expenses. Sellers are aware that if they
are occupying the Property at the Close of Escrow, they will be, or may
be, entitled to recover from Buyer, Sellers' expenses incurred in
relocating their bi4siness and personal property to a new location..
Sellers hereby waive any and all rights they now have, or may have in the
future, to relocation epenses or benefits to which they may be entitled
as a result of moving from the property.
9. Default. Sellers agree that if the within sale is not completed
as herein provided through no fault of Buyer, Buyer, at its option shall
be entitled, in addition to any other remedy now or hereafter available to
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Buyer under the laws or judicial decisions of the State of California, to
compel Sellers to perform their obligations under this Agreement by means
of a specific performa -rice proceeding or Buyer may terminate this Agreement
and shall be entitled to recover all of its out -of- pocket expenses from
Sellers which Buyer incurred or became liable for in connection with this
transaction including costs and expenses of Escrow otherwise to be paid by
Buyer.
10. Notices. All notices or other communication required or
permitted hereunder shall be in writing, and shall be personally delivered
or sent by registered or certified mail, postage prepaid, return receipt
requested, at the following addresses:
Sellers: Lorraine Evans
1610 Phillips Lane
San Luis Obispo, CA 93401
Estate of Gerald B. Evans
P. 0. Box 806
San Luis Obispo, CA 93406
Buyer: City Attorney
City of San Luis Obispo
P. 0. Box 8100
San Luis Obispo, CA 93403 -8100
Notice shall be deemed given as of the time of personal delivery or
forty -eight (48) hours following deposit in the United States mail.
Notice of change of address shall be given by written notice in the manner
detailed in this paragraph.
Mil
Brokers. Selle_ °s represent arld warrant to Duye! °, and Buyer
represents and warrants to Sellers, that no broker or finder has been
engaged b trlem, respectively, in connection with any of the tra-- sactlons
contemplated by this Agreement, or to their knowledge is in any way
connected with any of such transactions. In the event of any such
additional claims for brokers' or finders' fees for consummation of this
Agreement, then Buyer shall indemnify, save harmless and defend Sellers
Pram and against such claims if they shall be based upon any statement or
representation or agreement by Buyer and Sellers shall indemnify, save
harmless and defend Buyer if such claims shall be based upon any
statement, representation, or agreement made by Sellers.
12.. Sellers' Representations and Warranties.
a. In addition to any express agreements of Sellers contained
herein, the following constitute representations and warranties of Sellers
which shall be true and correct as of the Close of Escrow (and the truth
and accuracy of which shall constitute a condition to the Close of
Escrow):
(1) There are no actions, suits, materials, claims, legal
proceedings or any,other proceedings affecting the Property or any portion
thereof at law or in equity before any Court or governmental agency,
domestic or foreign.
(2) Sellers have not received any notices from governmental
authorities pertaining to violations of law or governmental regulations
with respect to the Property, and do not know of any which may have been
received by their predecessors in interest.
CDC
(.°, ) Sellers have no of an .,j x•: :Ci i rig or threatened
proceeding in eminent domain o- otherwise by any public entity other than
Buyer, which would affect the Pr'oper'ty, pr any portion thereof, nor do
Sellers 1.:ncw the existence of any facts wl_ich might give rise to such
action or proceedings.
(4) There are no leases, subleases, occupancies, or
tenancies in effect pertaining to the Property other than those set forth
on Exhibit "A -2 ". Said leases, including options to renew, do not extend
beyond October 31, 1989.
(5) There are no liens or encumbrances on or claims to, or
covenants, conditions and restrictions, easements, right of way, rights of
first refusal, options to purchase, or other matters affecting the
Property except the Conditions of Title and any rights conferred to Buyer
by this Agreement or an Option Agreement dated November 19, 1985.
(6) 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 Sellers to Buyer.
(7) Sellers have the legal power, right and authority to
enter into this Agreement, anal to consummate the transaction_ contemplated
I
ereby.
(8) There are no fixtures on the property in which anyone
other than Sellers have any claim, rights, or security or other interest.
(9) There are no service or maintenance contracts,
management agreements or any other agreements which will affect Buyer or
the Property subsequent to the Close of Escrow, other than those described
in subparagraph (4) above.
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(i0) There are no encroachments onto the Property of
improvements located on any aajoining property nor do any imarovements
located on the Property encro�acn onto any other adjoining property.
(11) Sellers warrant and represent that there are no
prescriptive or other easements affecting the Property.
b. In the event that, during the period between the execution
of this Agreement, and the Close of Escrow, Sellers have actual knowledge
of, learn of, or have a reason to believe that any of the above
representations or warranties may cease to be true, Sellers hereby
covenant to immediately give notice to Buyer of the change in
circumstances. Upon. Sellers notifying Buyer of the change in
circumstances, Buyer may, at its sole option, terminate this Agreement and
all funds deposited into escrow or delivered to Sellers in connection
herewith or in connection with the Option to Purchase the Property sha12
be immediately returned. Further, in the event Buyer so elects to
terminate, Sellers shall pay all Escrow costs, if any, incurred by both
parties herein_ under this Agreement.
13. Survival of Conditions. The covenants, agreements,
representations and warranties made in Paragraph (12) which are intended
to survive the Close of Escrow shall survive the Close of Escrow and the
recordation and delivery of the Grant Deed conveying the Property to Buyer
and any investigations by the parties.
14. Successors and Assigns. This Agreement shall be binding upon,
and shall inure to the benefit of, the successors, heirs, and assigns of
the Darties hereto.
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i5. Reeuired Action: of Buyer and Sellers. Buyer and Sellers agree
to e.mecute all such instruments and documents and to take all actions
p«rsux-nt to the provisions hereof in order to conswranate the purchase and
sale herein contemDlated and shall use their },pest efforts to acco -olish
the timely Close of Escrow in accordance with the provisions hereof.
16. Entire Agreement. This Agreement contains the entire agreement
between the parties hereto relating to the Property, and may not be
modified except by an instrument in writing signed by the parties hereto.
17. California Law. This Agreement has been entered into and is to
be performed in the State of California and shall be construed and
interpreted in accordance with the laws of the State of California.
16. waivers. No waiver by either party of any provision hereof
shall be deemed a waiver of any other provision hereof or of any
subsequent breach by either party of the same or any other provision.
19. Caption. The captions, paragraph and subparagraph numbers
appearing in this Agreement are inserted only as a matter of convenience
and in no way define, limit, construe, or describe the scope of intent of
such paragraph or this Agreement, nor in any way affect this Agreement.
20. Representation by Counsel. Sellers acknowledge that Buyer is
represented by an attorney in this transaction. Sellers acl=wledge that
they, too, are represented by an attorney or that they freely and
voluntarily elected not be represented by their own attorney in this
transaction.
I=
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date and year first above written.
ATTEST:
V
CITY CLERK PAMELA VOG
mvwlw _ !�.
Esta of Gerald Gerald B. Evans
Ethel M. Evans, Administratrix
BUYER
CITY OF SAN LUIS OBISPO
r- R0N DUNIN
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LEGAL DESCRIP'T'ION
Lot 1, Block 149 of J_ Harford's Addition in the City of
San Luis Obispo, County of San Luis Obispo, State of
California.
EXHIBIT "A -1"
$2,770.00
Lease 5 CiIS
3 year lease 11/1/83 w/3 yr. option
3 year lease 11/1/83 w/3 yr. option
month to month
month to month
month to month
month to month
month to month
month to month
month to month
Tenant -
Rent
Ken's Body Shop
S 700.00
SLO Cycles & Miller
650.00
The Ark
850.00
Ark Gallery
60.00
T. V. Sales
100.00
Kirsty Roberts
100.00
Paul Trout
105.00
John Trout
115.00
Richard Bower
90.00
$2,770.00
Lease 5 CiIS
3 year lease 11/1/83 w/3 yr. option
3 year lease 11/1/83 w/3 yr. option
month to month
month to month
month to month
month to month
month to month
month to month
month to month
i
Tenant
r
Rent
Hen's Body Shop
$ 700.00
SLO Cycles & Miller
650.00
The Ark
850.00
Ark Gallery
60.00
T. V. Sales
100.00
Kirsty Roberts
100.00
Paul Trout
105.00
John Trout
115.00
Richard Bower
90.00
$2,770.00
Lease Status
3 year lease 11/1/83 w/3 yr. option
3 year lease 11/1/83 w/3 yr. option
month to month
month to month
month to month
month to month
month to month
month to month
month to month
EXHIBIT "B"
This Option Agreement is made and entered into this 19th day of
November, 1985, by and between LORRAINE EVANS and the ESTATE OF GERALD B.
EVANS, ( "Owners "), and the CITY OF SAN LUIS OBISPO, a chartered municipal
corporation of the State of California, ( "Optionee "), who agree as
follows:
1. Owners grant to Optionee an option to purchase that real property
catmnonly known as 148 -182 Higuera Street, San Luis Obispo, California,
legally described as Lot 1, Block 149 of J. Harford's Addition in the City
of San Luis Obispo, County of San Luis Obispo, State of California ( "the
Property "), on the terms and conditions set forth in this Option Agreement
and the Purchase and Sale Agreement attached hereto as Exhibit "A ".
Within thirty (30) days after the execution of this Option, or within
thirty (30) days of Optionee's receipt of an order from the Superior Court
of the State of California, County of San Luis Obispo, approving the grant
of this option to purchase frem the Estate of Gerald B. Evans, or within
thirty (30) days of Opticnee's receipt of a title report showing title
vested in.Lorraine Evans and Gerald B. Evans (or his estate) whichever
last occurs, Opticnee shall pay to Owners the sum of Twenty Thousand
Dollars ($20,000) cash ( "option price ") as consideration for the option,
which sum shall not be applied to or credited against the purchase price
of the property in the event the option is exercised.
2. The term of this option shall commence on the date of this Option
Agreement and shall expire at 5:00 p.m. on November 15, 1986.
3. Optionee may exercise this option by delivering to owners, c/o
Lorraine Evans and the Estate of Gerald B. Evans, P. 0. Box 806, San Luis
Obispo, California 93406, prior to the expiration of the option term, a
J
written notice (the "Exercise Notice "), which Exercise Notice shall state
that the option is exercised without condition or qualification. The
Exercise Notice must be accompanied by two (2) copies of the Purchase and
Sale Agreement identical to the form of Purchase and Sale Agreement
attached as Exhibit "A ", executed by Optionee.
4. On receipt of the Exercise. Notice by owners prior to the
expiration of the option term and the two (2) copies of the Purchase and
Sale Agreement executed by Optionee, Owners shall execute the Purchase and
Sale Agreement and deliver an executed copy to Optionee. owners' failure
to execute and deliver a copy of the Purchase and Sale Agreement in
accordance with this paragraph shall not affect the validity of the
Purchase and Sale Agreement. The Purchase and Sale Agreement shall be
immediately effective and binding on both Owners and Optionee without
further execution by the parties. Within three (3) days of receipt of the
Exercise Notice, Owners shall open an escrows at Ticor Title. Insurance or
other escrow company mutually acceptable to Owners and Optionee, in San
Laic Obispo, California.
5. Owners warrant that they are either an owner of the property, the
administratrix of the estate of a deceased owner of the property, or an
heir to a deceased owner of.the property, and that they have marketable
and insurable fee simple title to the Property, free and clear of all
restrictions, liens and encumbrances, subject only to taxes for the
current year which are not then due and payable, or any exceptions which
Optionee approves in writing prior to the close of escrow. Owners warrant
that there are no leases, subleases, occupancies or tenancies in effect
pertaining to the Property, other than those set forth on the attached
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Exhibit "B ". The undersigned further agree that should any units on the
property became vacant during the term of the option, the undersigned
shall not re -let, rent, lease or otherwise allow anyone to occupy the
Vacated unit(s). Owners covenant and agree that during the option term
and until the property is conveyed to Optionee, in the event this option
is exercised, the undersigned will not encumber the property in any way,
nor lease, rent or grant any property or contract right relating to the
property without the prior written consent of Optionee.
6. In the event this option is exercised by Optionee, Owners will
convey title to the property to Optionee by grant deed subject only to
(a) taxes for the current year which are not due and payable, and (b) any
exceptions which Optionee approves in writing.
7. Within fifteen (15) days after execution of this Option Agreement
by both Owners and Optionee, Owners shall deliver to Optionee a copy of an
order of the Superior Court of the State of California, County of San Luis
Obispo, authorizing the Estate of Gerald B. Evans to grant this option,
and a title report of the condition of title to the property, showing
title vested in Lorraine Evans and Gerald B. Evans. From the date of
receipt by Optionee, Optionee shall have fifteen (15) days in which to
approve or disapg ;rove of any and all conditions shown on the report.
8. If Optionee disapproves any exception to title, as provided above,
Owners shall clear the disapproved exceptions. Should Owners fail to
clear such exceptions within fifteen (15) days of notice of disapproval
from Optionee, this option shall, at Optionee's election, terminate. In
the event of termination, Owners shall refund the entire option price paid'
to Owners.
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9. If this opt -ion is terminated, or expires without Optionee
exercising the option, Optionee agrees, if requested by Owners, to
execute, acknowledge, and deliver a quitclaim deed to Owners.
10. Either party to this Option Agreement may record a Memorandum of
Option in the form attached hereto as Exhibit "C"
11. All notices, demands, requests and exercises under this option by
either party shall be hand delivered or sent by Lhiited States mail,
registered or certified, return receipt requested, postage prepaid,
addressed to the other party as follows:
OWNERS: Lorraine Evans and the Estate of Gerald B. Evans
C/o P. 0. Boat 806
San Luis Obispo, CA 93406
OPTIONEE: City Attorney
City of San Luis Obispo
P. 0. Boat 8100
San Luis Obispo, CA 93403 -8100
Notices, demands, requests, and exercises served in the above manner shall
be deemed served at the time the notice, demand, or request is hand
delivered or postmarked to the addresses shown above. Notice of change of
address shall be given by written notice in the manner detailed in this
paragraph.
12. If it bepams necessary for either party to take any action to
enforce this option, or any of its terms, the prevailing party shall be
entitled to reasonable attorney's fees and oasts.
13. This Option Agreement contains the entire agreement between the
parties respecting the matters set forth herein, and supersedes any prior
I.
agreements between the parties respecting such matters. This agreement
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rky not be altered or other -vise modified e: -cept by writing executed by the
:xrties.
I\ WITNESS MrMEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
•
Estate of Gerald B. Evans
Ethel M. Evans, Administratrix of
the Estate of Gerald B. Evans
Ethel M. Evans
OPTION
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Recording Requestecl By:
^. Safecq Title and..
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l.lhen recorded return to:
City of San Luis Obispo
City Clerkrs Office
P.O. Box 8100
San Luis Obispo, CA 93403-8100
MEI'X3RAI.TDW OF OP'TION AGREEMEI.IT
By this tvlerrorardum of Option, made Novernber 19, 1985, concurrently
with an Option Agrreenent betureen the same parties covering the same
property, lprraine E\rans arrt the Estate of Gerafd B. EVarrs, Optlonor, and
the City of San Luis Obispo, Er ctrartered rmrnicipal corg:oration of ttre
State of Califorrria, Optionee, agrree:
1. Optionor grrants to @tiorree the right, on the terms ard corditiorrs
stated in the Option furreenent of this same date, to grrrchase the property
descrlbed on b<tribit rrArr, r^rtrich is attached hereto and incorporated by
this reference, provided the option is e<ercised before 5:Oo p.m. on
November 15, 1986.
2. In the Option furreenrent, Optiorror agrreed that during the option
term ard r:ntil ttre prcrperty is conveLzed to @tionee, in the event the
option is eercised, that Optionor r,rpuld not ensumber the property in any
hay, nor Jease, rent or grant any property or contract right relating to
the property wlthout the prior written consent of Optloree.
uo'" 2?84Pnffi773
3. TLris Menorand:m of Option Agreement is prepared for the purS:ose of
recordation and in no way nodifies the provisions of the Option Agireement.
This Menorandun of Option Agreement is not a complete suffitary of the
Option Agreement and provisions in the Memorarrdum of Option Agreement
shall not be r-rsed in interpretirrg the Option Agrearent provisions. In tLre
event of conflict betvleen the l4emorandr:m of Option Agreement and the
Option Agreement, the Option Agreement shall control,
Dated: November 19, 1985
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Evans
Estate of Gera1d B.
Evans,
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M. Evans
OPTIONEE
LU]S OB]
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):
A portion of tot 1 in Block 149 of J. Ihrforrtrs Addition to the City of
San tuis Obistrlo, in the City of San Luis Obispo, County of San Luis
Obisglo, State of CaJ.lfornia, accordirg to map filed for recorril ln theoffice of tte County Recorr:ler of said County, descrlbed as follows:
Ccmnencirg at the Norttresterly corner of said lot 1; arrl rrrnnirg thene
Southerly alorg the Easterly llne of sald l,ot, 299.92 feet to the
NortfieasterJ.y corner of, the property curvel@ to Argelina sllacci, by deed
recorcded June 17, 1936, ln Book 197, page g2 of Offlctal Recafifls, recorrclsof said County; thence ldorth 87 4Or [Get alorg the lt&crtherly tlne of theproperty so convel@, L84.18 feet, rpre or legs, to ths }€sterly Line of
said lot 1; ttsrce Northerly along said hhoterly llne, 25L.18 feet, npreor leos, to the Northerly llne of said lot; thence Easterly alorg said
l$ortherly line, 171 feet, nore or less, to the point of beginnrirg.
Brceptirg therefrcrn that portlqr descrtbed in the deed to lrhrtin V. Snlth,et rr:r., recrrded April 8, 1963, in Boolc L234, pryre 395 of OffictaL
Records.
Also exceptirg therefrcrn that lnrtiur described in the deed to Cl,asslc
Equlpnent & Sugply, Inc., a Callfornia corporation, recorded Jul.y 12,
L977, in Book 1994, page 179 of Officlal Recorrfs.
EICIIBIT IIAII
, vL ?784 tou 715
Scction tl89 of the Civil todc - Persona) Acknowlidgrient
of Ca 'l i fornia
San Luis Obisoo s3.
v of
on this 19th day of Novslber in'thc v*,. 1985 , before mc Terry L. $tith
personal ly appeared Lorraine Errans pcrsonal ly knoivn to me
State
Count
to bc the pcrson +rhose name is subscribeci to this inst.runcnt, a
, I havc hereunto set rDy hand rnd aff rny of f icl
s of satisfactory evidence
executcd lt
and year statcd in this
proved to me
nd ackno*lcd
he bas iXK
531 she
ont
cdt
scelN IJITNESS t-'HERE0F
ccrtificatc abovc.
ra ry c
,f'I
Scction ll89 of the Civil lodc - pcrsonal Acknowl€dg;ent
ss.
pcrsonally appearcd Ethel M: EWanq ' personally knorvn to
to bc the pcrson ** :"::1":,:rl :[,
lN VITHESS IIHEREOF, I havc hercunto set rDy hand snd aff rny of f icccrtificate abovc.
ry Publ ic
State of tal ifornia )iounty "r San Luis Obi spo -i
@ sAil
Terry L. $mith
NOTARY PUBTIC
LUIS OBISPO OOUTITY
CALIFORIiIIA
My Commission Expires on March 3,1989
on this 19th dry of Nbvsrber in thc y*r 1985 , beforc me Terry L. isrr[th
mc
qe'
she
s of satisfactory evidence
cxilutcd lt.
y and year statcd in this
\I
Section :J89 of the Civil Code - personal Acknowlidg,Lnr'
State of Ca] ifornia \
County or San Luis Obispo -i tt.
on this L9th
personal ly appeared
to bc the person rrhose name is subscribed 'to thi.s inst.runent,lN VITHESS LTHEREOF, I have hereunto sct ay hand cnd afficcrtificate above.
and ackno*ledged that execut'cd
day of lioverrber , in thc ycar 1985 , beforc me
pcrsona I ly knorvn to rncproved to toc on the sis of sstisf
L Snrith
I,y and
actory ev idence
It.
r statcd in this
tc
Tetry L. $mith
I{OTABY PUBLIC
$Ail LUIS 0B|SP0 B0UNW
cAilF0Rl{lA
Commission Expires on March 3' 1989My
,6+-T\.
tttr#\?iil
Terry L. $rnith
t{rJ'{'AriY PUtStg{:
iiAi$ Ll.!!S {}8[$P$ g0t"ltttY
fjAC.tF(}ft;uIA
My Oonlnltssion Expiros on March 3, l.ggg
xcd rny off icjal
v':l e7B4 PAcE 776
STATE OF CAI.IFORNIA
C0UNIY OF SAr.I LUIS OBISpO. ss.
On rhls 22nd day of November in the y."r m ,before me Marilyn perry
personally appeare6 Mel-anie C. Bil-1ig known to meto be Mayor eg The Clty of San Luls Obis po , €md known to
me to be the person who exeeuted the wlthin instrument on behaLf of sai.d pubJ-ic
corporation' agency or political subdlvLsion, and acknowledged to rne that The Clty of
San Luls 0b ispo executed the same.
OFFICIAL SEAL
MARILYNI PERR'/
Notary Public-Caiifornia
Principal Office ln
^Son
Luis_Obrspo CountyLornm. b.xp. Aug. i?, 1
(sEAr)
Notary Pu c
(Section 1189 of the Civil Codc - personal Acknowlidgfient
of Ca'l i fornia
907
Sta tc
County
pcrsonal ly appeared
of
on this l9thaav of
ss
to be thc person xhose
IN VITNESS L'HEREOF,ccrtificate above.
D. Evans
name is subscribco t.o this instr:umcnt,
I have here.unto set rny hand .and aff i
' in 'thc year . 1985 , beforc me Terqr L. $nlth _ ,
pcrsonal ly knoin to me
proved to mc on the of satisfactory evidcnce
cxecutcd it.
basisXX
she
xraathe d
and ackno^,ledged that
my off icl sea I
tary Publ
and year statcd in this
(
,4-. \
Wd,D
Terry L. $rnith
NOTARY FIJBLIC
L!.!rs 0Br$p0 $CIul{TY
CAI.IFORNIA
My Commission Expires on March 3, t9B9
sAru
vr;l 2784 P^GE l77
:.:,'.:'
RESOLT/TION NO. 5819 ( 1985 Se::ies )
A FiESOLUTION OF TTE COUI'ICIL OF THE CTTY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETI,IIEIJ T].IE
CTTY AI.ID LORRAINE EVANS AND TTE ESTATE CF
GERAI,D B. EVANS
BE IT RESOL\ED by the Council of the City of Sarr Luis Obispo a-e
fol-lor^rs:
SECTION 1. That certain agreeinent, atta-ched hereto marked Ei*libit "A"
arrrl incortrrcratd herein by reference, between the City of Sari Luis Obispo
and Lorraine Erzans and the Estate of Gerald B. Errarrs is hereby approved
arrd 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 agreenent approved by it to: Lorraine Evarrs, Ethel
M. Er,ra-rrs, Adrninistratrix of the Estate of Gera]d B. Evarrs, Janice D.
Evans, CLifford B. E\rarrs, Finance Director, and R-:b]ic Works Director.
On motion of Councilman Settle seconded by -_
Crruncilman Dunin arrd on the foLlcn^ring roJl
calL voter *
A\ES: Councilmembers Settle, Dunin, Dovey, Griffin and Mayor Billig
NOES: None
ABSElflf: None
vol ?784 mGE 778
Recorder's Memo:
Poor Record is Due To
ual of Ori nal Doc ument
R 5819
tlre foregroing Resolution was l>.tr,:srrtl ancj aciopt-eir ti:is L9a5 ,-i-ay
o1 November , 1gg5
\e
C
A/
CLERK PAMELA
t/ -!Adminis 1 lCer
City torney
Public lrtrorks Director
F
I certily the foregoing is a full,
4 Resolution Passed bY the CitY
Qbispo, Qaliforgla
Nov 19
0f
0f
lrs
tr*rr*:1.***:1.**
Oity 0lsrk .\.
^ 1\''
I ir; \''
Recorder's Memo:
Poor Record is Due To
of Originaa I Docum ent
a
t
,
ENt} OF DOCUMENT
vu ?784 pAcE 779