HomeMy WebLinkAboutD-993 Santa Rosa Widening Recorded 04/07/1977`.- RFCORDING REQUESTED
CITY OF SAN LUIS OBISPO
_ AND WHEN RECORDED MAIL TO
NAME Dept.. of Transportation
- ADDRESS
P. O. Box L
CITY & I San Luis Obispo, CA 93406
STATE
Title Order No. Escrow No.
01166al Seal
DONNA LYNN FERRELL 1
MAIL TAX STATEMENTS TO
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NAME
ADDRESS
CITY &
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L -9
180 -16
180 -16 -1
026I111 IF B0000AURECR
X DOC. N0. iISa53
F OFFICIAL RECORDS --
SAN LUIS OBISPO GO., CAL
COMPARED 7 1977
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME -3 p 4 5 pil
— SPACE ABOVE THIS LINE FOR RECORDER'S USE
Joint Tenancy Grant Deed
THIS FORM FURNISHED BY SECURITY TITLE INSURANCE COMPANY
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
THOMASD. GARRIS AND GAIL A. GARRIS
WILLIAM A. NELSON AND FLORENCE L. NELSON
hereby GRANT(S) to
THE CITY OF SAN LUIS OBISPO
the real property in the City of .San Luis Obispo
County of San Luis Obispo
AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT A ATTACHED HERETO
AND COMPRISED OF ONE PAGE.
Dated February 14, 1977
STATE OF CALIFORNIA
COUNTY OF San Luis Obispo SS.
Or, February 14, 1977 . before me, the under-
signed, a Notary Public in and for said County and State, personally
ap ared, Thomas D. Garris and Gail A-
tarris, William A. Nelson and Florence
L. Nelson
t,
AFFIX I.R.S. $--------- - -- - --
AS JOINT TENANTS,
State of California, described as:
FOR NOTARY SEAL OR STAMP
, known to me
to be the person S whose name S subscribed to the within
instrument and acknowledged that they executed the same.
S nature of Notary
DONNA LYNN FERRELL
Name (Typed or Printed) of Notary
i
L -9 (G.S.) Rev. 8 -65 (8 pi.) MAIL TAX STATEMENTS AS DIRECTED ABOVE ��ii +�
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01166al Seal
DONNA LYNN FERRELL 1
NOTARY PUBLIC - CALIFORNIAr
r SAN LUIS OBISPO COUNTY
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DECiMSER 12, 1950 I�
L -9 (G.S.) Rev. 8 -65 (8 pi.) MAIL TAX STATEMENTS AS DIRECTED ABOVE ��ii +�
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18a -16
180 -16 -1
That portion of
City of San Luis
according to map
Maps, described
EXHIBIT "A"
Lot 3 in Block 27 of the City of San Luis Obispo, in the
Obispo, County of San Luis Obispo, State.of California,
filed for record May 1, 1878 in Book A at Page 168 of
as follows:
Parcel 180 -16,. Beginning at the most Northerly corner of said Lot 3 as
shown in Book A at Page 168, of Maps thence Southwesterly along the Southerly
line of Walnut Street a distance of 10.00 feet to the true P.O.B., thence
continuing along said Southerly line a distance of 20.00 feet to a point,
thence on a curve concave to the Southwest with a radius of 20.00 to the
Westerly line of Santa Rosa Street as widened�by deed recorded June 24, 1969
in Book 1516 at Page 650 of official records, thence Northwesterly along the
widened line of Santa Rosa Street to the true P.O.B.
Parcel 180- 16 -1.- Temporary construction easement. Beginning at the most
Northerly corner of said Lot 3 as shown in Book .A at gage 168 of-Maps, thence
Southwesterly abong the.Southerly line of Walnut Street a distance of 30.00
feet to the true P.O.B. thence continuing along said Southerly line a distance
of 5.00 feet.to a point, thence Southeasterly at right angles-to Walnut Street
a distance of 3.00 feet to a point, thence Northeasterly parallel to Walnut
Street a distance of 7.00 feet to :a point, thence.Easterly at 450 to Walnut
Street a distance of 21.21 feet to a point, thence Southeas -terly and parallel
to Santa Rosa Street a distance. of 7.00 feet to a point, thence Northeasterly
at right angles to Santa Rosa Street a distance of 3.00 feet to the Southwesterly
line of Santa Rosa as widened by deed recorded June 24, 1969 in Book 1516 at
Page 650 of official records, thence Northwesterly along said line of Santa
Rosa a distance of 5.00 feet to a point, thence Northwesterly on a curve
concave to the Southwest with a radius of 20.00 to the true P.O.B.
Said temporary construction easement shall cease and terminate upon completion
of construction, but in any event, shall cease and terminate not later than
January 1, 1979.
CERTIFICATE OF ACCEPTANCE
THIS IS TO CE TIFY that the interest in real property conveyed
by the Joint Tenancy Grant Deed dated February 14
19 77 , from Thomas D. Garris and Gail A. Garris.and
William A. Nelson and Florence L. Nelson
to the CITY OF SAN LUIS OBISPO, a Political Corporation, is
hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 549
(1959 Series), recorded May 26, 1959, in Volume 1002, Official
I;ecords, Page 292, 'an Luis Obispo County, California, and the
Grantee consents to recordation thereof by its duly authorized
officer or his a -ent.
Date*— April 7, 1977
CI* OF SAN LUIS OBISPO
By
ATTEST:-
.
lcrtKi J.H. Fitzpatrick
END OF DOMMENT
ayor Kenneth E. Schwartz
EVOL 1969 PAC[ 772
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STATE OF CALIFORNIA= BUSINESS AND TRANSPORTATION AGENCY EDMUND G: BROWN JR., Governor
DEPARTMENT OF TRANSPORTATION
P.O. BOX L, SAN LUIS OBISPO 93406 m
TELEPHONE (805) 549 -3111
June 28, 1977
R/W 05 =SLO -Santa Rosa Street
Parcel #180 -16, -1 (Garris)
05430 - 130502
1
Mr. Wayne.Peterson
City Engineer
City of San Luis Obispo
P. 0. Box ,321
San Luis Obispo, CA 93406
Dear Mr.-Peterson:
Returned for your files-for the above referenced
parcel are -the following documents:
Memorandum of- Settlement
Fully executed copy of the
R/W Contract
Two copies of Resolution -
No.. 3278
Recorded Grant Deed
Today, we requested cancellation of City and
County- Aaxes on this property.-
lye
D.' A.7"Friend . I
District Right of Way Agent
Acquisition Branch.
Enclosures (4)
s DISTRICT AFk i0`J":Jv
PARCEL COUNT
APPRAISAL .STATE OF CALIFORNIA INTERSTATE
TRANSPORTATION AGENCY -
Report No. ...... :...4. DEPARTMENT OF TRANSPORTATION X.
.................... .. ...............................
Yes No
Date ............. 11- 23.- .76 -.... MEMORANDUM OF SETTLEMENT Project No.
rs.'j u
Athor on
District [.2� Parcel No. r3� County [q Rto. P.M. p di l zatf e
[ 6l Date
05 180 -16, -1 SLO Santa Rosa Street 130509 APR 2 0 1977
FAU M- Y394(1)
To: E. F. GREGORY District Director of Transportation
From: R. H. Tarvin. [. Right of Way Agent �8_.� Cost Center [9-1 Acquired For:
430 1. Normal RA
SUBJECT: Acquisition of property from 2. Chapt. 20
CITY. OF SAN LUIS OBISPO 3. Hardship
ACQUISITION . a. Marl isp.
'
THOMAS D. 'GARRIS, et al. 5. Other Sites
650. Santa Rosa Street 6. D.W.R.
'- - - - - -- --
San Luis 7. D. S.
Obispo, . CA a. Oth. Agency
Date of Transaction: February 14, 1977
Address of property 650 Santa Rosa Street - San Luis Obispo
[+9 Occupant - - -_X_ Absentee _.__ [ -�,] No. of Fee Interests Iii No. of Lease Interests _. Q_ -_
DOCUMENTS IN F1 LE
(X) R%W Contract ( ) Register No.
(X) Grant Deed (X) Parcel Diary
O Quitclaim Deed (Y Appraisal Summary Statement
O Easement Deed (YJ Appraisal with photos
(X) Title:KtX Statement (YJ Bills - Form FM -463
(X) Map.
1. TYPE OF HIGHWAY: ItTj ( ) Freeway ( ) Expressway (X) Conventional City street
Proposed Advertising Date April, 1977
Construction Project Santa Rosa Street between Walnut and
-Monterey Street in San Luis Obispo
2. ACCESS:
( ) Acquired in accordance with the appraisal., Frontage Road ........_ ....... ........ X. --
(.) None— Entire Acquisition Yes Na
( Other: Explain Acquired for city street purposes.
3. DEED CLAUSES:
(}i0 Description checked- against area being acquired.
Deed Form No. RW— Security title - provided by city.
Standard Clauses: Norte
Special Clauses:. Termination date for temporary construction easement.
Do the subject exceptions and/or reservations have maleriaa effect on the market
value of the property being acquired? ........... ...... . .. ....... K
Yes No
H -R /W60 (REV. 2.68) Q OSP
zo Re g' ton: Rural. Urban X
�
Special
[] Best Use: Agri. Comm. X Indust. Resid. Purpose
[s] Character: Improved X Unimproved Multiple
IMPROVEMENTS: z3 All Part. X None
Nonsalvable
(See Attached Sheet No. ..:... .. ... .. ... ....... .... •-- - - -:.1
5. CONSTRUCTION CONTRACT OBLIGATIONS: ( ) .None
Clause No t Appraisal. Settlement
3 Relocate sprinkler system,
construct retaining wall, and
replant ground cover = $ 475 $ 475
(See. Explanation — Item 8 — for variation from appraisal)
H -R/W 60 2
Santa
Dist. 05
Co..SLO Rte.
Rosa P.M.
Street
4.• DESCRIPTION OF PROPERTY- ACQUIRED:
Parcel.No.
180 -16, -i
LAND:
,a Area Calculated by Acre Sq. Ft. X
,s
Total Take Area
--
to Partial `Take Area
85.84 s . f .
� ]Remainder
Area
13,915+
s : f .
,e. Area in R/W
85.84 s.f.
�19
Area in Excess
None
Other Area (Explain)
18:0 -16 -1: Temporary
Construction
Easement_-
168 s . f .
zo Re g' ton: Rural. Urban X
�
Special
[] Best Use: Agri. Comm. X Indust. Resid. Purpose
[s] Character: Improved X Unimproved Multiple
IMPROVEMENTS: z3 All Part. X None
Nonsalvable
(See Attached Sheet No. ..:... .. ... .. ... ....... .... •-- - - -:.1
5. CONSTRUCTION CONTRACT OBLIGATIONS: ( ) .None
Clause No t Appraisal. Settlement
3 Relocate sprinkler system,
construct retaining wall, and
replant ground cover = $ 475 $ 475
(See. Explanation — Item 8 — for variation from appraisal)
H -R/W 60 2
•
Santa Rosa St.
Dist. 05 co'.SLO Rte. P.M.
6. EXCHANGE OF LAND: L24] Yes No Parcel No. 180-16,-1
).See Explanation Item 8 and Map
7. CONDEMNATION INFORMATION: (:K) None
Peo. Vs SCC No. Date Filed Par.
O.P.*
[:?]s Independent Appraisers Employed? Yes ... .. .. .. .. No
Grantor (has) (has not) withdrawn or made application. for withdrawal of State's deposit.
8. SETTLEMENT: :6] by (x) Contract Other EY] Settlement amount same as first approved
[:2 ontra
COMPARISON WITH APPRAISAL: appraisal (X) Yes No
Item Appraisal Settlement
F2-81 Land $ $
Parcel 180-16
85.84 s.f. @ $1.5-0/s.f. = 643.80 652.95
Parcel 180-16-1
168.s.,f. X $7.50/s.f. X
..7%.k 3 months = 22.05 22.05
F2-91 Improvements
Miscellaneous,landscaping. 50.00 50.00
Li:o] Damages
None
D3 Totals 715. 85 $
F321 LESS Credit (if any) for Rounded 725-'.'00'.-
$ 0.00
33 Interest Payment $ 0
34] Cash, to Grantor $ 7-25,00•
F3ij Construction Contract Obligations $ 475.00 $.475.00
E36Total Consideration $1,.2.00.00 $12
L37] Funds are being withheld in the amount of $ 0
to cover
EXPLANATION:. Per Appraisal.
(See Attached Sheet No.
H-R/W 60
3
Santa
Dist. 05 Co. SLO RteRosa P.M.
Street
9; TITLE EXCEPTIONS: Parce.I No.180 -16, -1
TAKEN SUBJECT TO:
T. R. No. Cunt. No. Description and Explanation
Due to the nominal amount of,the taking - 85.85 s.f.,
it is in the best interests of the City to acquire
title to this parcel subject to all existing matters.
of record. There is a remainder.area of approxi-
mately.14,000 s.f..which will continue to serve as
collateral fora current deed of trust. Because of
the high unit value of the acquired property - $_7.50
per square foot - the $500 cost limit used as a guide
in determining when to acquire title subject to
encumbrances renders it impractical to clear- title
in this isolated instance.
See Title Statement attached asPage 4A.
Do the subject exceptions have material effect on the market volue.of the
property being acquired? ....... .. "... ....... ......X.......
Ycs No
(Sce Attached Sheet No......4.A .......:.....:.... ". )
NOT TAKEN SUBJECT TO:
t. R. No. Cont.. No. (Ff. any) Description and Explanation
r -
(See Attached Sheer No ............................... )
47C'40-6W 10--70 9Cf OSP 1
TITLE STATEMENT
This is to certify that the County records investigated
by the undersigned agent show that the property rights
conveyed by GRANT DEED No. 180 -16, -1
05 -SLO -City of SLO -Santa Rosa Street
are vested in the City of San Luis Obispo's grantors:
THOMAS D. GARRIS and GAIL A. GARRIS, husband and wife;
WILLIAM A.NELSON, and FLORENCE L. NELSON, husband and wife.
There are no title interests adverse to the City of
San Luis Obispo's use of the property for the purpose
intended.
Investigation of conditions on the ground indicates
that there are, no visible.exicumbrances affecting the
City -of San Luis Obispo's use of the property for the
purpose of:
Constructing or improving a public street and accomplish-
ing all necessary incidents thereto, including replacement of
sprinkler system and construction of a retaining wall.
DATE: 3-14-77
Right of Way Agent
R. H. TARVIN
Santa Rosa St.
Dist. 05 Co. SLO Rte. P.M.
10. UNRECORDED INTERESTS:
Parcel No. 180_103_1
_3X_ Investigation indicates none involved.
Handled as follows:
11. SPECIAL CLAUSES IN, CONTRACT:
None
Clause No.
Explanation
4 .Describes purpose of
temporary construction
easement and termination date.
(See Attached Sheet No. -- _----- __------- --------------
12. "POSSESSION AND OCCUPANCY:
Property to be delivered:
Present Occupancy:
Vacanton.------------------------ ---- --- -- -- -- ------ -- -- -- -----
X Owner
X Close of Escrow
State
15 -day grace period
Month -to -month
Lease
Lease quitclaimed --- --- -------- - - - - -- -- -----------------
Vacant
Yes No
Rentable Land: X None .
X Unimproved
Grantor to Remove Improvements -------------------- --------------------
With Improvements
Yes No
Rental or Lease Provisions in Contract -- --- ------ -- -- - - -- ---
--- --- -- --- - - - - -- Rate $ - ----- ----- -- --------- ---- ----- -- --- --- 1
" - Yes
—
No
Comments:
13. DATE OF VESTING IN GRANTOR:
During last 5 years -------------------- ------------------
Yes No
Acquisition data within 5 years: Unknown
Date
Consideration 1$
From Whom Acquired:
Pertinent information re purchase:
H R/ W 60
e s a -r- -X., 5
14. ADVERTISING SIGNS:
Lease - - - - -- - - - - -- ---- --- - - --
Yes No
Santa Rosa St.
'Dist. 05 Co. SLO Rte. P.M.
:x -____ None Parcel No. 180 -14 -1
Cancellation clause in lease ___- __.__ ----- __ .- ------- _-
Yes No
Cost of removal to be borne by:
---------- Not yet determined ---------- State _.________ Lessee
Estimated cost — $
Comments:
15. MISCELLANEOUS INFORMATION:
Complaint to Headquarters __ _____ __ _ ______ -------- _____-
Yes No
a. The attached right of way contract embodies all of the considerations agreed upon between the undersigned and
the property owner.
b. The attached right of way contract was obtained without coercion, promises other than those shown in the contract,
or threats of any kind whatsoever by or to either party.
c. I understand that the rights being secured maybe used in connection with a Federal -aid highway project.
d. I have no direct or indirect present or contemplated future personal interest in the property being acquired or in
any benefit from the acquisition of subject property.
F381 Total number of personal calls: __.._ -__._. 1_._______.____- a9 Months between first approved appraisal
and right of way certification date -------------- .............
...
F4_01 Months between first approved <t Months between assignment F421 Months between assi nMerit
appraisal and assignment to and close: .__.._,--------- and suit filing: ------ --------------------- -
original agent_______________ __
I hereby recommend the approval of this transaction
-- - --
Rig t of Way Agent
ps R. H. Tarvin
Recommend d for 'strict Approval:
By
---- --- - - - - -- - - - -- ------------------------- ---------- -------------- - - - --- Senior Right of Way Agent. Dote MAR 2 2 1977,
D. A. Friend
H:R /W 60 (REV. 7.67) 6w
osv
.650 Santa
Rosa Stre�"
San Luis
Obispo, California
•
93401
Dist. County
P.M. E.A.
February
14 1977
gnta
•
05 - SLO -
- 130509
Street
THOMAS D.
GA RRIS, et al.
FAU M- Y394(1)
APPROVED BY DISTRICT 5
(Grantor)
RIGHT OF WAY CONTRACT - CITY S
Document.No. 180 -16, -1 in'the form of a
Dated
H. L. BentzjMger U
Deputy District Director
Right of Way
GRANT DEED
covering the property particularly described therein has been executed
and delivered to R. H. TARVIN Right of Way Agent for the State
of California, acting on behalf of the City of San Luis Obispo.
In consideration, of which, and the other considerations hereinafter
set forth, it is mutually agreed as follows:
1. The patties have herein set forth the whole of their agreement.
The performance of this agreement constitutes the entire consideration
for said document and shall relieve the City of San Luis Obispo of all
further obligation or claims on this account, or on account of the
location, grade or construction of the proposed public improvement.
2. The City of San Luis Obispo shall:
Pay the sum of $72"5.'00,for the rights being conveyed by
Grant Deed No. 180 -16, 180 -16 -1, when title to said property vests in
the name of the City of San Luis Obispo subject to all matters of record,
including any deeds of trust.
3. It is understood and_agreed.by and between the parties hereto that
the City, at no expense to grantors, shall construct a retaining wall
and relocate and reconnect three sprinkler heads on grantors' remaining
property in the manner as shown on the sketch attached hereto as
Exhibit A and made a part hereof.' Upon completion of the.work of con -
struction, said retaining wall and sprinkler heads shall be considered .
to.be the sole property of grantors, the maintenance and repair to be
that of grantors.
All work done under this agreement shall conform to all applicable
building, fire and sanitary laws, ordinances, and regulations relating
to such work, and shall.be done in a good and workmanlike manner.
4. It is further understood and agreed by and between the parties
hereto that the temporary easement being acquired.by the City in this
transaction is for the purpose of performing the work described in
Clause 3 above. The sum being paid grantors under Clause 2 above is
payment in full for the City's right to perform this work.
Said temporary easement shall cease -and terminate upon.
completion of construction,'but -in any event shall . cease and
terminate no later than January 1, 1979.
5. In consideration of the City's waiving the defects and
imperfections in the record title, as set forth herein, the under-
signed grantors covenant and agree to indemnify and hold the City
of San Luis Obispo harmless from any and all claims that other
parties may make or assert on the title to the premises. The
grantors' obligation herein to indemnify the City shall not
exceed the.amount paid to the grantors under this contract.
- 2 -
EXHIBIT A
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IN WITNESS WHEREOF,, the parties have executed this agreement the
day and year first above written.
Reco or Approval -
.R' h f C OF SAN LUIS OBISPO
District Right of Way Agent
Acquisition. Branch By
Ka neth..E. Schwartz
Mayor
RESOLUTION NO 3278 (1977 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN.
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND THOMAS D. GARRIS AND GAIL A. GARRIS,AND
WILLIAM A. NELSON AND FLORENCE L. NELSON FOR
ACQUISITION OF SANTA RO.SA STREET RIGHT OF WAY.
BE IT RESOLVED by the'Council of the City of San Luis. Obispo
as follows:
1. That. certain agreement, a copy of which is on file in-the
Office of the City Clerk, between the City and Thomas D'. Garris and
Gail A. Garris, and William A. Nelson and Florence L. Nelson for
acquisition of right of way for Santa Rosa Street Widening (Document
No. 180 -16 and 180 -16 -1) is hereby approved and the Mayor is auth-
orized to execute .same.
2. The City Clerk shall.-furnish a copy of this Resolution to-
gether with a copy of the agreement-approved by it to: the City's
right of way agent and the City Engineer.
On motion of Councilman Pe.tterson seconded by Councilman
.Jorgensen and on the following-roll call vote:
AYES: Councilmen Dunin, Gurnee, Jorgensen, Petterson and Mayor
Schwartz
NOES None
ABSENT: None
the foregoing Resolution was passed and adopted this 5th day.
of April 1977.
ATTEST:
C'
.Approved as to form:
WENDT, MITCHELL, SINSHEIMER,
de la MOTTE & LILL Y
A Professional Co oration
City Attorney
by Allen Grimes
0
Approved as to content:
City A ministrativZ ices
ity gineer.
R 3278