HomeMy WebLinkAboutR-8206 First Amendment to Purchase Agreement with Clinic Properties - 883 MarshRecording Requested by and
when Recorded return to:
City Clerk -
City of San Luis Obispo
990 Palm St., P.O. Box 8100
San Luis Obispo, CA 93403 -8100
RESOLUTION NO. 8206 (1993 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO CONSENTING TO THE FIRST
AMENDMENT TO THE PURCHASE AGREEMENT
.BETWEEN CLINIC PROPERTIES AND THE
CITY OF SAN LUIS OBISPO
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
as follows:
SECTION 1. The City Council hereby consents to the First
Amendment to Purchase Agreement and Escrow Instructions between
Clinic Properties and the City of San. Luis Obispo, dated December
20, 1988, and recorded as Document No. 19043, Official Records, San
Luis Obispo County, California, at Volume 3290, Page 756, on March
30, 1989.
SECTION 2. The Mayor is authorized to sign the "First
Amendment to the Purchase Agreement and Escrow Instructions Between
Clinic Properties and the City of San Luis Obispo," attached hereto
as Exhibit "A" and incorporated herein by reference,.on behalf of
the City.
Upon motion of
and on the following
Settle ,
roll call vote:
seconded by
Romero
Ayes: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard
Noes: None
Absent: None
the foregoing Resolution was adopted this 7th day of September
1993.
ATTEST:
Gladwe , City Clerk
R -8206
Recording Requested by and
when Recorded return to:
City Clerk
City of San Luis Obispo
990 Palm St., P.O. Box 8100
San Luis Obispo, CA 93403 -8100
Doc No: 1993 - 04.026
Official Rec rds
San Luis Obispo Co
Francis M. Cooney
Recorder
Nov 09, 1993
Time: 11:17
[ 41
RESOLUTION NO. 8206 (1993 Series)
Rec No: 00082412
RF
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;TOTAL
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO CONSENTING TO THE FIRST
AMENDMENT TO THE PURCHASE E AGREEMENT
BETWEEN CLI14IC PROPERTIES AND THE
CITY OF SAN LUIS OBISPO
14.00
14.00
BE IT RESOLVED BY THE COUNChL.OF THE CITY OF SAN LUIS OBISPO
as follows:
•SECTION 1. The City Council hereby consents to the First
Amendment to Purchase Agreement and Escrow Instructions between
Clinic Properties and the City of San Luis Obispo, dated December
20, 1988, and recorded as Document No. 19043, Official Records, San
Luis Obispo County, California, at Volume 3290, Page 756, on March
30, 1989.
SECTION 2. The Mayor is authorized to sign the . "First
Amendment to the Purchase. Agreement and Escrow Instructions Between
Clinic Properties and the City of San Luis Obispo," attached hereto
as Exhibit "A ";and incorporated herein by reference, on behalf of
the City.
Upon motion of Settle , seconded by Romero
and on the following roll call vote:
Ayes: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard
Noes: None
Absent: None
the foregoing Resolution was adopted this '7th day of September
1993. '
Mayor •i _ •
ATTEST:
D ne Gl dwe City Clerk
R -8206
First Amendment to the Purchase
Agreement and Escrow Instructions
Between Clinic Properties and the
City of San Luis Obispo
The Purchase Agreement and Escrow Instructions ( "Agreement ")
entered into on December 20, 1988, by and between Clinic Properties
( "Sellers ") and the City of San Luis Obispo ( "Buyer ") , and recorded
as Document No. 19045, Official Records, San Luis Obispo County,
California, at Volume 3290, Page 756, on March 30, 1989, is hereby
amended as follows:
1. Paragraph 15 is deleted and replaced with new Paragraph 15
to read:
"15. Sellers' Riaht to •Cross After Close of Escrow.
Subsequent to Close of Escrow Buyer agrees to allow Sellers
the non - exclusive use of the Property as would be permitted to
the general public. Buyer agrees to maintain a driveway ramp
adjacent to property at 883 Marsh Street and to allow Sellers
to use this and the paved entry to the Marsh Street Parking
Structure to access the Parent Property provided owners of the
property at 883 Marsh Street also agree to permit such access.
If the Sellers' easement for right -of -way across the adjacent
property at 883 Marsh St. terminates for any reason, or upon
notice that the easement for right of way is to be terminated
(whichever is sooner), Buyer agrees to provide, upon request,
direct access to the Parent Property across the Property.
Seller agrees that it will bear the cost of preparing the
Parent Property for this alternative access, including the
removal of existing fencing and parking blocks as well as the
installation of a driveway. This permission is granted as
long as the adjacent property at 871 Marsh Street is needed as
the entry to the Marsh Street Parking Structure. If this.
condition changes, permission is revocable upon 90 days
written notice."
All other terms and conditions of the Agreement shall remain
in full force and effect and shall continue to bind the parties
hereto.
Exhibit "A"
u
IN WITNESS WHEREOF, the parties hereto have executed this
First. Amendment to the Agreement this 7 day of , 1993.
CITY OF SAN LUIS OBISPO:
By: ��` (Y
May Peg Pinard
_ATTEST:
-i n Gladw 11, i y Clerk
i• .v-
Approved as to Form:
csl�
C' A to e
2
By:
By:
CLINIC PROPERTIES:
(notarization)
AIR& toam:
A orney for Clinic Properties
,
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} RESOLUTION 8206 (1993 SERIES)
STATE OF CALIFORNIA }ss.
COUNTY OF San Luis Obispo }
1` Judy A. Schulz--------- - - - - --
o VOn O c1. 09, j 993 before me,
GARY L. HARKINS --------------------------------
m personally appeared
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` --------------------------------- --- -- --- oved
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E to me on the basis of satisfactory evidence�ro—be the person Js�f WTiose nam subscribed to the within
LL instrument and acknowledged to me tha h*ftEe fieq�Cecuted the same i &h�uthorized capacity,�
m
and that byO fgnature^ the instrument the personWRo—FIFe entity upon behalf of which the
person acted, executed the instrument.
JUpY q^ , SCHULZ
m #479433
WITNES my an n al sea
col
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Signa 29, 1996
(This area for official notarial seal)
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} RESOLUTION NO. 8206
STATE OF CALIFORNIA }ss. (1993 SERIES)
COUNTY N
OFF GSA�LuTs OBISPO }
On 6W- /% before me, JUDY A_ SC-TTrTr.7. —
personally appeared PATRICK J_ VAUGRN- - - ----
--- - -- — _ ________ proved
to me on the basis of satisfactory evidence 61 be the person;Vwhose nameaFeiscribed to the within
instrument and acknowledged to meth xecuted the same i hi uthorized capacityjies��
and that by(! WAl4eir- &gnatur ^n the instrument the person the entity upon behalf of which the
perso acted, executed the instrument. / JUDYA.XMW
WITNESS
END OF DOCUMENT
00WA #9"433
SMOBWOCOLM
Ccoomrtftbm Ampm
29, iW6
(This area for official notarial seal)
i
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release ( "Agreement ") is entered into by
and among (1) San Luis Medical Clinic, Ltd., a California corporation ( "SLMC "); (2) Home Fed
Trust and Ruth D. Cookson, Co- Trustees under the Will of Howard N. Cookson, Home Fed
Trust, Trustee of the Cookson Family Trust, Ruth D. Cookson, a.k.a. Dorothy Ruth Cookson
(hereinafter collectively referred to as "Home Fed Trust "); (3) City of San Luis Obispo, a charter
law city and political subdivision of the State of California ( "City of San Luis Obispo ") and
(4) William Ranelletti and Mary Ranelletti, husband and wife ( "Ranellettis "), as of September 21,
1993, and is made with reference to the following facts:
RECITALS
1. SLMC is the owner of Lot 9 of Block 100 of the Mission Vineyard Tract in the
City of San Luis Obispo ( "SLMC Property").
2. The Ranellettis are the owners of property adjacent to Lot 9, as described in
Exhibit "A" hereto ( "Ranelletti Property").
3. The City of San Luis Obispo is the owner of.the Marsh Street Parking Structure
at 871. Marsh Street in the City of San Luis Obispo, California, and a driveway ramp and certain
other property adjacent to the SLMC and Ranelletti properties, as described in Exhibit "B"
hereto.
4. SLMC asserts that. for some time, SLMC, its agents, employees and tenants have
used the southwestern corner of the Ranelletti :Property for vehicular access to and from the
SLMC Property. SLMC asserts, and the Ranellettis dispute, that it-has obtained a prescriptive
easement for such use.
5. The Ranellettis assert that for some time, the Ranellettis, their agents, employees
and tenants have accessed the Ranelletti Property by vehicular easement across the SLMC
Property. The Ranellettis assert, and SLMC disputes, that they have obtained a prescriptive
easement for such use.
6: Certain disputes and differences have arisen by and between the parties regarding
access to and over these various properties.
7. As a result, SLMC filed and amended a certain legal action in San Luis Obispo
County Superior Court, bearing Case No. 72259 ( "Case No. 72259 ").
8. Home Fed Trust filed an answer thereto as well as a cross - complaint against the
City of San Luis Obispo in Case No. 72259.
9. The City of San Luis Obispo filed an answer to the cross -complaint of Home Fed
Trust in Case No. 72259..
10. The Ranellettis filed an answer to the SLMC complaint as well as a cross -
complaint against SLMC and the City of San Luis Obispo in Case No. 72259.
11. Both SLMC and the City of San Luis Obispo filed an answer to the cross -
complaint of the Ranellettis:
12. The parties now desire to, and do intend by this instrument to, completely and
fully compromise and resolve all the disputes and differences set forth ,
orth above and to mutually
dismiss the legal action described above and to forever discharge each other from any and all
liability with reference thereto.
AGREEMENT
Now, therefore, the parties agree as follows:
Settlement and Release.
1.1 Release. Effective when and only if Case No. 72259 is dismissed under
paragraph 2.6 below, except as set forth herein, each of the parties does hereby completely
release, acquit and forever discharge the others, their heirs, executors, administrators, successors
and assigns, agents and employees, from any and all claims, demands, actions causes of action,
damages, costs, or other claims. whatsoever in law or equity, which any party has or may have
against any of the other parties (1) arising out of or related to the facts, circumstances and
allegations referred to in Recitals 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11; (2) arising from or in any
way connected with Case No. 72259; and (3) arising from or relating to the institution or
prosecution of Case No. 72259.
1.2 Accord_ and Satisfaction. Each of the parties hereto does hereby
acknowledge and agree that it is their .intention that this Release shall be effective as a full and
final accord and satisfaction and settlement of, and as a bar to, each and every claim, demand,
debt, liability, obligation, cost, expense, lien, action and cause of action which any party has, has
had; or may have had against the other parties hereto, with respect to the facts, circumstances
and allegations referred to in the above Recitals.
1.3 Release Not an Admission of Liability. It is expressly understood and
agreed to that by reason of entering into this Agreement, none. of the parties admit, expressly or
impliedly, any fact or liability of any type or nature with respect to this matter, whether referred
to herein, and none of the parties have made any such admission and this Agreement is entered
into solely by way of compromise and settlement only.
1.4 Capacity. The parties represent and warrant that there has been no
assignment or other transfer of any interest in any claim which they have or might have and
therefore each of the undersigned agrees to indemnify and hold the other harmless from any
liabilities, claims, demands, damages costs or expenses incurred by the parties being released
herein, or any of them, as a result of any person asserting any such assignment or transfer of any
rights or claims under such assignment or transfer.
2. Covenants. As full consideration for this settlement and release, the parties agree
to the following:
2.1 Access of SLMC Across Ranelletti Property. Subject to earlier termination
under Section 3.2 below, the Ranellettis agree to grant to SLMC an easement for right -of -way
in the form attached hereto as Exhibit "C" for a minimum period of five years commencing
from the date of this Agreement to continue to use the Ranelletti Property for vehicular ingress
to the SLMC Property ( "SLMC Easement ").
2.1.1 Subject to earlier termination as provided in Section 3.2 below, at
the end of this initial five -year period, the Ranellettis shall have the absolute right to terminate
the Easement upon ninety days'. prior written notice to SLMC for any reason or for no reason
at all.
2.1.2 SLMC agrees to waive any claim it may have to any other easement
or license for vehicular access over the Ranellettis' Property. SLMC will execute a quitclaim
deed or other appropriate documentation to this effect if requested by the Ranellettis.
2.2 Access of Ranellettis Across SLMC Property. Subject to earlier termination
under Section 3.2 below, SLMC agrees to grant the Ranellettis and any tenants of the Ranellettis
an easement for right -of -way in the form attached hereto as Exhibit "D" for a minimum period
of five years commencing from the date of this Agreement to continue to use the SLMC Property
as vehicular egress from the Ranellettis' Property ( "Ranelletti Easement ").
2.2.1 At the end of this initial five -year period, SLMC shall have the
absolute right to terminate the Ranelletti Easement upon ninety days' written notice for any reason
or for no reason at all.
2.2.2 The Ranellettis agree to waive any claim they may have to any other
easement or license for vehicular access over the SLMC Property. Ranellettis will execute a
quitclaim deed or other appropriate documentation to this effect if requested by SLMC.
2.3 SLMC Access Over the San Luis Obispo Property. On or. about December
20, 1988, SLMC and the City of San.Luis Obispo entered into a Purchase Agreement and Escrow
Instructions ( "Purchase Agreement ") relating to the SLMC Property. SLMC and the City of San
Luis Obispo agree that the terms and conditions of the Purchase Agreement shall remain in full
force and effect. SLMC and the City of San Luis Obispo further agree to enter into a First
Amendment to the Purchase. Agreement in the form attached. hereto as Exhibit "E"
( "Amendment "), which Amendment shall provide that:
2.3.1 Paragraph 15 of the Purchase Agree_ ment shall be amended to
provide that if SLMC's. Easement for right -of -way across the Ranelletti Property terminates for
any reason, or upon notice that the Easement for right -of way is to be terminated (whichever is
sooner) the City of San Luis Obispo agrees to provide SLMC, upon request, with direct vehicular
access to the SLMC Property as set forth on Exhibit "F" hereto.
2.3.2 SLMC agrees that it will bear the cost of preparing the SLMC
Property for this alternative access, including the removal of existing fencing and parking blocks
as well as the installation of a driveway.
2.4 Loss of SLMC Parking. SLMC and the City of San Luis Obispo recognize
that if access is provided directly from the City of San Luis Obispo Property to the SLMC
Property, the SLMC Property could lose one or more existing parking places. SLMC and the
City of San Luis Obispo agree that if and when access is provided directly from the City of San
Luis Obispo Property to the SLMC Property, to satisfy the then applicable parking requirements
imposed by the City of San Luis Obispo, SLMC may replace each parking space lost as a result
of the direct access with a bike rack or racks sufficient to accommodate five bicycles. These
bicycle racks may be located on the SLMC Property or any other property owned or controlled
by SLMC within the City of San Luis Obispo limits, consistent with the City's parking and
bicycle regulations.
2.5 Ranellettis Access Over the City of San Luis Obispo Property. The
Ranellettis and the City of San Luis Obispo agree that nothing in this Agreement is intended to
affect or limit in any way the Ranellettis' rights under the April 6, 1959, Easement, attached
hereto as Exhibit "G ".
2.6 Dismissal. Within ten days from the execution of this Agreement by all
parties, each party agrees that all complaints and cross - complaints filed in Case No. 72259 shall
be dismissed with prejudice with each party to bear their own costs and fees.
Interpretation and Enforcement.
3.1 Entire Agreement. This Agreement and the Exhibits hereto constitute the
entire Agreement. between the parties pertaining to the subject matter contained in it and
supersedes all prior and contemporaneous oral and written agreements, representations, and
understandings of the parties. No supplement or modification or amendment to the. Agreement
shall be binding unless executed in writing by all parties.
3.2 Binding on Successors, Early Termination.
3.2.1 Except as provided below; this Agreement shall be binding on the
parties' respective beneficiaries, heirs, successors, transferees, grantees, partners and assigns,
including, without limitation, all persons who acquire or hold (1) title to one or more of the
various properties described herein; (2) a security interest in or lien on one or more of the
properties described herein; (3) a leasehold interest in one or more of the properties described
herein; and (4) any other interest in one or more of the properties described herein,
3.2.2 The parties hereto do not warrant that this Agreement will not breach
any. agreements they may have with any parry having a security interest or option to purchase the
property or that any consents which may be required have been received. If, in the reasonable
opinion of any party hereto, as a result of the easements granted hereunder, any lender or
optionee is likely to declare a default under any loan or option agreement due to this Agreement,
then such party shall have the option of terminating the easement it has granted above upon ten
(10) days' prior written notice to the other party as provided below.
3.2.3 Any notice .providing for a termination of an easement hereunder
shall state the parties' reasons for believing that a lender or optionee is about to declare a default.
3.2.4 Should any party terminate an easement which it has granted under
this Agreement, the other party may terminate its reciprocal easement.
3.3 Counterparts. This Agreement may be executed simultaneously in one or
more counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
3.4 Recovery of Litigation Expenses. If any legal action is brought to enforce
this Agreement or because of an alleged dispute., breach, default, or misrepresentation in
connection with any of the: provisions of this Agreement, the successful or prevailing party or
parties shall be entitled to recover reasonable attorney's fees and other costs incurred in that
action or proceeding, in addition to any other relief to which they may be entitled.
3.5 Agreement Understood. Each party or representative signatory
acknowledges that he or she is legally competent to execute this Agreement, which is intended
to be a legally binding contract dealing with the release and/or conveyance of certain valuable
and important rights. Before signing this Agreement, each of said parties has read the same from
beginning to end and fully understands the Agreement. Each party has had the opportunity to
consult with counsel regarding this Agreement and has received a copy of the same for their
records.
3.6 Further Documents. Each party agrees it will execute or cause to be
executed such further and "other documents as are needed to carry out the expressed intents and -
purposes of this Agreement.
3.7 Authorization. The signatories hereby represent and warrant that they have
full and complete authority to execute this Agreement in their individual or representative
capacity.
3.8 No Reliance. No party in executing this Agreement has relied on any
inducements, promises or representations made by any other party or any representative of any
other party.
n
3.9 Voluntary Agreement. The parties have read this Agreement and have
freely and voluntarily entered into this Agreement. Each party has had the opportunity to be
represented by counsel and to have their respective counsel review this document on their behalf.
SAN LUIS MEDICAL CLINIC, LTD
:
CITY OF SAN LUIS OBISPO
By:
Name:
Title:
APPROVED AS TO FORM:
k6,
Steven J. 'Adams E, Attorney for
San Luis Medical Clinic, Ltd.
Cindy Clemens, Attorney for
City of San Luis Obispo
15:SLMCsetl.agr
5
HOME FED TRUST
IM
Name:
Title:
RANELLETTI
Williamll1
Mary RaneNetti
Gerry Weaver, Attorney for
Home Fed Trust
and Mary Ranelletti
3.9 Voluntary Agreement. The parties have read this Agreement and have
freely and voluntarily entered into this Agreement. Each party has had the opportunity to be
represented by counsel and to have their respective counsel review this document on their behalf.
SAN LUIS MEDICAL CLINIC, LTD
By:
Patrick Vaughn, - Preside "nt
By:
Gary L. Harkins, Secretary
CITY OF SAN LUIS OBISPO
as
Name:
Title:
APPROVED AS TO FORM:
Steven J. Adamski, Attorney for
San Luis Medical Clinic, Ltd.
Cindy Clemens, Attorney for
City of San Luis Obispo
15: SLMCsetl. agr
W
UST
Name:
Title: Trutt C)fficer
IC7:��I�AA�1��I
William Ranelletti
Mary Ranelletti
Gerry Weaver, Attorney for
Home. Fed Trust
Joseph Diehl, Attorney for
William and Mary Ranelletti
3.9 Voluntary Agreement. The parties have read this Agreement and have
freely and voluntarily entered into this Agreement. Each party has had the opportunity to be
represented by counsel and to have their respective counsel review this document on their behalf.
SAN LUIS MEDICAL CLINIC, LTD
By:
Patrick Vaughn, President
By:
Gary L. Harkins, Secretary
CITY OF SAN LUIS OBISPO
�, ArZ-
T
Name: Ken Hampian
Title: Acting City Administrative Officer
APPROVED AS TO FORM:
Steven J. Adamski, Attorney for
San Luis Medical Clinic, Ltd.
" C&'M.010.10
Cindy Clemens, Attorney for
City of San Luis Obispo
15:SLMCsetl.agr
5
HOME FED TRUST
By:
Name:
Title:
RANELLETTI
William Ranelletti
Mary Ranelletti
Gerry Weaver, Attorney for
Home Fed Trust
Joseph Diehl, Attorney for
William and Mary Ranelletti
Real property situate in the City of San Luis Obispo, County of San
Luis Obispo, State of California, more particularly described as
follows:
The northeasterly 40 feet of Lot 6 in Block 100 of the Mission
Vineyard Tract, in the City of San Luis Obispo, County of San Luis_
Obispo, State of California; as per map recorded March 8, 1873 in
the office of the CounEy.Recorder of said County.
A 15 foot easement for ingress and egress to the rear portion of
Grantee's property. Said easement shall be for vehicular-arid
pedestrian traffic to and from Marsh Street and shall be located on
the following described property:
The southwesterly 10 feet of Lot 6 and the northeasterly 15 feet of
Lot 7, block 100 in the Mission Vineyard Tract in the City of San
Luis Obispo.
The deed by which said easement was acquired recites as follows:
"-The term of said easement shall be from the date hereof through
August, 1971. Thereafter, Grantor shall provide an adequate
vehicular and pedestrian easement from either Marsh Street, Pacific
Street, Chorro Street or Morro Street to the rear portion of said
property owned by the grantees which is further described as
follows:
The northeasterly 40 feet of Lot 6, Block 100 in the Mission
Vineyard Tract in the City of San Luis Obispo.'
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City property bordered in ydilow highlighting.
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
STEVEN J'. ADAMSKI, ESQ. -
SINSHEIMER, SCHIEBELHUT & BAGGETT
A Professional Corporation
1010 Peach Street
Post Office Box 31
San Luis Obispo, California
93406 -0031
Space Above This .Line For Recorder's Use
GRANT OF RIGHT OF WAY EASEMENT
Preamble
This Easement is made and is effective as of September 21, 1993, by and between
William Ranelletti and Mary Ranelletti, husband and wife (collectively, "Ranelletti "), and San
Luis Medical Clinic; Ltd., a California Corporation .( "SLMC"). Ranelletti and SLMC may
collectively be referred to as the "Parties" below.
This Easement is granted with reference to the following facts:
RECITALS
WHEREAS; Ranelletti is the owner of certain real property in the State of California,
( "Ranelletti Property"),. as more particularly described in Exhibit A -1 attached hereto;
WHEREAS, SLMC is the owner of certain real property in the State of California
( "SLMC Property") as more particularly described in Exhibit A-2 attached hereto;
WHEREAS, certain disputes and differences have arisen by and between the Parties
regarding access to and over these various properties
WHEREAS, as a result, SLMC filed and amended a certain legal.. action in San Luis
Obispo County Superior Court, bearing Case No. 72259 ( "Case No. 72259 "); and `
WHEREAS, as part of the consideration for the settlement of Case No. 72259 under the
Settlement Agreement and Mutual Release dated September 21, 1993 ( "Settlement Agreement "),
SLMC desires to acquire certain rights in the Ranelletti Property and Ranelletti is willing to grant
such tights to SLMC.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration for themselves and for all
current and future owners of the SLMC Property, their successors and assigns, as set forth
herein, it is agreed as follows:
15: 1Agmt1SL2ACran2. eas.
0127048/091693
1. Grant of Easement.. Ranelletti hereby grants to SLMC an easement burdening the
Ranelletti Property, the servient tenement, for the benefit of the SLMC Property, the dominant
tenement, to use the Ranelletti Property for a right of way, that will offer ingress to the SLMC
Property over the Ranelletti Property.
2. Consideration. This Easement is given in consideration of axeciprocal agreement
granting to Ranelletti certain rights in the SLMC Property and other consideration as .provided
in the Settlement Agreement.
3. Description of Easement. The Easement granted herein is for the right to use the
Ranelletti Property for a right of way that will offer ingress to the SLMC Property for vehicular
traffic. The location of the Easement shall be as provided in Exhibit B attached hereto and
incorporated hereunder, and is only for ingress to the SLMC Property by vehicular traffic in the
direction indicated in Exhibit B.
4. Waiver. SLMC hereby waives and quitclaims any claim it may have to any other
easement or license for vehicular access over the Ranelletti Property.
5. Barriers. The Parties each covenant and agree for themselves and their successors
and assigns, that they shall not erect, construct, place or maintain or permit the erection,
construction, placement or maintenance of any fence, wall, curb, or other barrier which in any
manner interferes with or restricts the fiill and complete use and enjoyment of the Easement
granted above.
6. Term of Easement. The initial term of this Easement shall be for five years from
September 21, 1993; thereafter this Easement may be terminated by Ranelletti at their option for
any reason or no reason upon ninety days' prior written notice to SLMC. SLMC will execute
and acknowledge a quitclaim deed or other appropriate documentation to this effect if requested
by Ranelletti. This Agreement is subject to earlier termination as provided in Section 12 below.
7. Nonuse of Easement. SLMC's nonuse of the Easement granted herein shall not
terminate the easement or be deemed abandonment.
8. Authority: Further Assurances. Ranelletti and SLMC each have the right, power,
legal capacity, and authority to enter into, and perform their obligations under this Easement.
Ranelletti agrees that they will do any further acts for the purpose of perfecting the grant of this
Easement that SLMC may reasonably require.
9. Assignment by SLMC. SLMC shall. have the right to assign or otherwise transfer
SLMC's interest in this Easement.
10. Entire Agreement. This instrument and the Settlement Agreement contain the
entire agreement between the Parties relating to the rights herein granted and the obligations
herein assumed. Any oral representations or modifications concerning this instrument shall be
of no force and effect excepting a subsequent modification in writing, signed by the party to be
charged.
11. Attorney's Fees. , In the event of any controversy, claim or dispute relating to this
instrument or the breach thereof, the prevailing party in such controversy, claim or dispute shall
be entitled to recover from the losing party reasonable expenses, including attorney's fees and
costs.
15: /Agmt/SLMCran2. eas
0127048/091693 2
I
12. Binding on Successors: Early Termination.
- 12.1 Except as provided below, this Easement, shall be binding on the Parties'
respective beneficiaries, heirs, successors, transferees, grantees, partners and assigns, including,
without limitation, all persons who acquire or hold (1) title to one or more of the various
properties described herein; (2) a security interest in or lien on one or more of the properties
described herein; (3) a leasehold interestin one or more of the properties described herein; and
(4) any other interest in one or more. of the properties described .herein.
12.2 The Parties hereto do not warrant that this Easement will not breach any
agreements they may have with any party having a security interest or option to purchase the
property or that any consents which may be required have been received. If, in the reasonable
opinion of grantor, as a result of the Easement, any lender or optionee is .likely to declare a
default under any loan or option agreement due to this Easement, then the grantor shall-have the
option of terminating this Easement upon ten (10) days' prior written notice to the other party.
12.3 Any notice providing for a termination of this .Easement shall state the
party's reasons for believing that a lender or optionee is about to declare a default.
12.4 Should any grantor terminate this Easement, the other party may terminate
its reciprocal easement granted under the Settlement Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first-above written.
RANELLETTI:
WILLIAM . RANELLETTI
MARY RANELLETTI
SAN LUIS MEDICAL CLINIC; LTD.:
BY -- --
Patrick Vaughn, President
By
L. Harkins, Secretary
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
On this day of , in the year 1993, before me, the undersigned,
a Notary I'gblic in and for said State, personally appeared William Ranelletti [personally known
to me /proved to me on -the basis -of satisfactory dvidencel to be the person whose name is
subscribed to this instrument, and acknowledged that he executed it.
WITNESS my hand and official seal.
Notary Public
15: /Agmt/SLMCian2.eas 3
0127048/091693
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN LUIS OBISPO
. On this day of, in the Notary year 1.99.3, bef6re me, the undersigned,
a. y Public and for s jptOonally appeared M
aid State. --d Mary RaneHetti fpgrsonaily known to
me /proved to me on the basis of satisfactory evidencel to be the person whost name is subscribed
to this instrument; and acknowledged that she executed it.
WITNESS my hand and official, seal.
Notary Public
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN LUIS OBISPO
. On - 1 1993, before me, personally appeared
Patrick Vaughn, 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 to me that
he executed the same in.his authorized capacity and that by his signature on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, -executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA
) ss.
COUNTY OF SAN LUIS OBISPO
On 1993, before me, --- , personally . appeared
Gary L. Harkins personally known to me (or proved tome on basis o F satisfactory evidence)
to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity and that by his signature on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
15: /Agmt1SLMCran2. eas
01270481091693 4
U
Real property situate in the City of San Luis Obispo, County of San
Luis Obispo, State of California, more particularly described as
follows.
The northeasterly 40 feet of Lot 6 in Block 100 of the Mission
Vineyard Tract,, in the city of "San Luis Obispo, County of San Luis
Obispo, State of California, as per map recorded March 8,. 1873 in
the office of the County Recorder of said County.
A 15 foot easement for ingress and egress to the rear portion of
Grantee's property: Said easement shall be for vehicular
pedestrian traffic to and fzom'karsh.Street and shall be located on
the following described property:
The southwesterly 10 feet of Lot 6 and the northeasterly 15 feet of
Lot 7, block 100 in the Mission Vineyard Tract in the City of San
Luis Obispo.
The deed by which said easement was acquired recites as follows:
"The term of said easement shall be from, the date hereof through
August, 1971. Thereafter, Grantor shall provide an adequate
vehicular and pedestrian easement from. either_ Marsh Street, Pacific_
Street, Chorro Street or i4oiro,Street to the rear portion of said
property owned by the or which is further described as
follows=
The northeasterly 40 feet of Lot 6, Block 100 in the Mission
Vineyard Tract in the City of San Luis Obispo.
EXHIBIT 0 -I
Exhibit A -2.
San Luis Medical Clinic Property
Lot 9'in Block 100 of Mission Vineyard - Tract, in the City of San Luis Obispo, County of San
Luis Obispo, State of California, as per map filed in Book A, Page 143 of Maps, in the Office
of the County Recorder of said County.
15: SLMCexA. msc
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
STEVEN J. ADAMSKI, ESQ.
SINSHEIIyIER, SCAhMELHUT & BAGGETT
A Professional Corporation
1010 Peach Street
Post Office Box 31
San. Luis Obispo, California
93406-0031
Space Above This Line For Recorder's Use _
GRANT OF RIGHT OF WAY EASEMENT
Preamble
This Easement is made and is effective as of September 21; 1993, by and between
William Ranelletti and Mary Ranelletti, husband and wife (collectively, "Ranelletti "), and San
Luis Medical Clinic, Ltd., a California Corporation ( "SLMC "). Ranelletti and SLMC may
collectively be referred to as the "Parties" below.
This Easement is granted with reference.to the following facts:
RECITALS
WHEREAS, SLMC is the owner of certain real property in the State of California,
( "SLMC Property"), as more particularly described in Exhibit A -1 attached hereto;
WHEREAS, Ranelletti is the owner of certain real property in the State of California
( "Ranelletti Property") as more particularly described in Exhibit A -2 attached ,hereto;
WHEREAS, certain disputes and differences have arisen by and between the Parties
regarding access to and over these various properties;
WHEREAS, as a result, SLMC filed and amended a certain legal action in San Luis
Obispo County Superior Court, bearing Case No. 72259 ( "Case No. 72259 "); and
WHEREAS, as part of the consideration for the settlement of Case No. 72259 under the
Settlement Agreement and Mutual Release dated September 21, 1993 ( "Settlement Agreement "),
Ranelletti desires to acquire certain rights in the SLMC Property and SLMC is will to grant
such rights to Ranelletti.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration for themselves and for all
current and future owners of the Ranelletti Property, their successors and assigns, as set forth
herein, it is agreed as follows:
15 : /Agmt/S LMC ran. eas
0127048/091693
P-7i m-A,
i
1. Grant of Easement. SLMC hereb y
the SLMC Property, the servient tenement, for
dominant tenement, to use the SLMC Property for
Ranelletti Property over the SLMC Property.
grants to Ranelletti an easement burdening
the benefit of the Ranelletti Property; the
a right of way, that will offer egress from the
2. Consideration This Easement is given in consideration of a reciprocal agreement
granting to SLMC certain rights in the Ranelletti Property and other consideration as,provided
in the Settlement Agreement.
3. Description of Easement. The Easement granted herein is for the right to use the
SLMC Property for a right of way that will offer egress from the Ranelletti Property for
vehicular traffic. The location of the Easement shall be as provided in Exhibit B attached hereto
and incorporated hereunder, and is only for egress from the Ranelletti Property by vehicular
traffic in the direction indicated in Exhibit B.
4. Waiver. Ranelletti hereby waives and quitclaims any claim they may have to any
other easement or license for vehicular access over the SLMC Property.
5. Barriers. The Parties each covenant and agree for themselves and their successors
and assigns, that they shall not erect, construct, place or maintain or permit the erection,
construction, placement or maintenance of any fence, wall, curb, or other barrier which in any
manner interferes with or restricts the full and complete use and enjoyment of the Easement
granted above.
6. Term of Easement. The initial term of this Easement shall be for five years from
September 21, 1993; thereafter this Easement may be terminated by SLMC at its option for any
reason or no reason upon ninety days' prior written notice to Ranelletti. Ranelletti will execute
and acknowledge a quitclaim deed or other appropriate documentation to this effect if requested
by SLMC. This Easement may be terminated earlier as provided in Section 12 below.
7. Nonuse of Easement. Ranelletti's nonuse of the Easement granted herein shall
not terminate the easement or be deemed abandonment.
8. Authority: Further Assurances. Ranelletti and SLMC each have the right, power,
legal capacity, and authority to enter into, and perform their obligations under this Easement.
SLMC agrees that it will do any further acts for the purpose of perfecting the grant of this
Easement that Ranelletti may reasonably require.
9. Assignment by Ranelletti. Ranelletti shall have the right to assign or otherwise
transfer Ranelletti's interest in this Easement.
10. Entire Agreement. This instrument and the Settlement Agreement contain the
entire agreement between the Parties relating to the rights herein granted and the obligations
herein assumed. Any oral representations or modifications. concerning this instrument shall be
of no force and effect excepting a subsequent modification in writing, signed by the party to be
charged.
11. Attorney's_ Fees. In the event of any controversy, claim or dispute relating to this
instrument or the breach thereof, the prevailing party in such controversy, claim or dispute shall
be entitled to recover from the losing party reasonable expenses, including attorney's fees and
costs.
15: /Agmt/SLMCcan.eas
0127048/091693 2
12. Binding on Successors: Early Termination.
12.1 Except as provided below, this Easement shall be binding on the Parties'
respective beneficiaries, heirs, successors, transferees, grantees, partners and assigns, including,
without. limitation, all persons who acquire or hold (1) title to one or more of the various
properties described herein; (2) a security interest in or lien on one or more of the properties
described herein; (3) a leasehold interest in one or more of-the properties described herein; and
(4) any other interest in one or more of the properties described herein.
12.2 The Parties hereto do not warrant. that this Easement will not breach any
agreements they may have with any party having a security interest or option to purchase the
property or that any consents which may be required have been received.. If, in the reasonable
opinion of grantor, as a result of the Easement, any lender or optionee is likely to declare a
default under any loan or option agreement due to this Easement, then the grantor shall have the
option of terminating this Easement upon ten (10) days' prior written notice to the other party.
12.- 3 Any notice providing for a termination of this Easement shall state the
party's reasons fo believing that a lender or optionee is about to declare a default.
12.4 Should any grantor terminate this Easement,.the other party may terminate
its reciprocal easement granted under the Settlement Agreement.
IN WITNESS WHEREOF, the parties hereto have executed_ this instrument the day and
year first written above.
RANELLETTI:
WILLIAM RANELLETTI
MARY RANELLETTI
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
On this _ day of
a Notary Public7mil- and for sa
( SAN LUIS MEDICAL CLINIC, LTD.:
WITNESS my hand and official seal.
By
Patrick Vaughn,- President
By
Gary L. Harkins,. Secretary
ss.
in the year_1993, before me, the undersigned,
sally appeared William Ranelletti f_aersonally known
actory evidence l to be the person whose name is
idged that he executed it.
Notary Public
15: /Agmt/SLMCran.eas
0127048/091693 3
J
STATE OF CALIFORNIA )
) ss:
COUNTY OF SAN LUIS OBISPO )
On this day of in the year 1993, before me, 'the undersigned
a Notary Public iu and for said State; personally appeared Mary Ranelletti Inersonallv known to
me /proved to me on the basis of satisfactory evidencel to be the person whose name i`s.subscribed
to this instrument, and acknowledged that she executed it.
WITNESS my hand and official seal.
Notary Public
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
On , 1993, before me, , personally appeared
Patrick Vaughn, 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 to me that
he executed the same in his authorized capacity and that by his signature on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument..
WITNESS my hand and official seal:
Notary Public
STATE OF CALIFORNIA )
ss.
COUNTY OF SAN LUIS OBISPO )
On , 1993, before me, _ _ _ , personally appeared
Gary L. Harkins, 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 to me that
he executed the same in his authorized capacity and that by his signature on the instrument the
person(s) or the entity upon behalf of which the persons) acted, executed the instrument.
WITNESS my hand and official seal: .
Notary Public .
% /Agmt/SLMCran.- S 4
0127048/091693
Exhibit A-1
San Luis Medical Clinic Property
Lot 9 in Block 100 of Mission Vineyard-Tract, in the City of San IA& Obispo, County of SAn
Luis Obispo, State of California, as per map filed in Book A, Page 143. of Maps, in the Offidb
of the County Recorder of said County.
15:SLN4CexA.insc-
Real property situate in the City of San Luis - Obispo, County of San
Luis Obispo, State of California, more particularly described as
follows:
The northeasterly 40 feet of Lot 6 in Block 100 of the Mission
Vineyard Tract, in the City of_San Luis Obispo, County of San Luis
Obispo,, State of California, as per map recorded. March 8, 1873 in
the office of the .County Recorder of said County.
A 15 foot easement for ingress and egress to the rear portion of
Grantee's property. Said easement shall be for vehicular and
pedestrian traffic to and from Marsh Street and shall be located on
the following described property:
The southwesterly 10 feet of Lot 6 and the northeasterly 15 feet of
Lot 7, block 100 in the Mission Vineyard Tract in the City of San
Luis Obispo.
The deed by which. said easement was acquired recites as follows:
'The term of said easement shall be from the date hereof through
August, 1971. Thereafter, Grantor shall provide an adequate
vehicular and pedestrian easement from either Harsh Street, Pacific
Street, Chorro Street or Morro Street to the rear portion of said
property owned by the grantees which is further described as
follows:
The northeasterly 40 feet of Lot 6., Block 100 in the Mission
Vineyard Tract in the City of San Luis Obispo.'
EXHIBIT 0 ,2
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EXHIBIT
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Recording Requested by and
when Recorded return to:
City Clerk
City of San Luis Obispo
990 Palm St., P.O. Box .8100
San Luis Obispo, CA 93403 -8100
RESOLUTION NO. 8206 (1993 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO CONSENTING TO THE FIRST_
AMENDMENT TO THE PURCHASE AGREEMENT
BETWEEN CLINIC PROPERTIES AND THE
CITY OF SAN LUIS OBISPO
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
as follows:
SECTION 1. The City Council hereby consents to the First
Amendment to Purchase Agreement and Escrow Instructions between
Clinic Properties and the City of San Luis Obispo, dated December
20, 1988, and recorded as Document No. 19043, Official Records, San
Luis Obispo County, California, at Volume 32.90, :Page 756, on March
30, 1989.
SECTION 2. The Mayor is authorized to sign the "First
Amendment to the Purchase Agreement and Escrow Instructions Between
Clinic Properties and the. City of San Luis Obispo," attached hereto
as Exhibit "A" and incorporated herein by reference, on behalf of
the City.
Upon motion of_ Settle._ , seconded by Romero
and on the following roll call vote:
Ayes: Council Members Settle, Romero, Rappa, Roalmau, and Mayor Pinard
Noes. None
Absent: None
the foregoing Resolution was adopted this 7th day of September
1993.
ATTEST:
D' ne Gladwe. , City Clerk
APPROVED*AS
TO FORM:
90"r/
04
EXHIBIT
R =8206
First Amendment to the Purchase
Agreement and Escrow Instructions
Between clinic Properties and the
city of San Luis Obispo
The Purchase Agreement and Escrow Instructions ( "Agreement")
entered into on December 20, 1988, by and between Clinic Properties
( "Sellers ") and the City of San Luis Obispo ( "Buyer "), and recorded
as Document No. 19045, Official Records, San Luis Obispo County,
California, at Volume 3290, Page 756, on March 30; 1989, is hereby
amended As follows:
1. Paragraph 15 is deleted and replaced with new Paragraph 15
to read:
"15. Sellers" Riaht to Cross After Close of Escrow:
Subsequent to Close of Escrow Buyer agrees to allow Sellers
the non - exclusive use of the Property as would be permitted to
the general public. Buyer agrees to maintain a driveway ramp
adjacent to property at 883 Marsh Street and to allow Sellers
to use this and the paved entry to the Marsh Street Parking
Structure to access the Parent Property provided owners of the
property at 883 Marsh Street also agree to permit such access.
if the Sellers' easement for right -of -way across the adjacent
property at 883 Marsh St. terminates for any reason, or upon
notice that the easement for right of way is to be terminated
(whichever is sooner-), Buyer agrees to provide, upon request,
direct access to the Parent Property across the Property.
Seller agrees that it will bear the cost of preparing the
Parent Property for this alternative access, including the
removal of existing fencing and parking blocks as well as the
installation of a driveway. This permission is granted as
long as the adjacent property at 871 Marsh Street is needed as
the entry to the Marsh Street Parking Structure. If this
condition changes, permission is revocable upon 90 days
written notice."
All other terms and conditions of the Agreement shall remain
in full force and effect and shall continue to bind the parties
hereto.
Exhibit "A"
. i
IN WITNESS WiiEREOF, the parties hereto have executed this
First Amendment to the Agreement this day of , 1993.
CITY OF SAN LUIS OBISPO:
By: 9 k 4
May Peg Pinard
ATTEST:
Ijgn Glades 11, y dletk
• .. Form:
2//,_.
2
By:
By:
CLINIC PROPERTIES:
(notarization)
Approved as to Form:
Attorney for Clinic Properties
rM
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6CC
for
I
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THE CITY OF SAN LUIS OBISPO, a .anicipal corporatioa. bereinafter called
"Crantor." hereby conveys to !r)RAltt♦ V. COOfSOK and Iowa D. COOFSOM, tbeir beirs
and assigns. hereinafter called "Grantee. "'a IS foot easemment for intrass sad
egress to the rear portim of Grantee's property which is Presently under lease
'•''F
Co the Southern Counties Gat Oo.pag7.
Said easement shall be for vehicular and pedestrian traffic to and from_
"`;, r-
March Street-=4 shall be located an the follarint described property:
<.
The southwesterly 10 feet of lot 6 avid tbe'aortbeastarly IS feet
of lot 7, block.100, in the Kissioi-Vint7ard tract la the qua-la.
Sao Lois Obispo,
The taro of said eaeeamt shall be from the date hereof tbrrwg#: kiva to
1971. Thereafter, - Canter shall proiide OR ade"to vehicular aat-jeastrisa
easeneat from either marsh Street. taeifie Street. chorro Street ot•iloii ureikN' -
to the rear portiei of -said Property creed by the Craaeees which i='.`frietler
...T '•.
.
described as follows:
The northeasterly 60 feet of lot 6. block 100. in the ltissioa ":.
: c !`
Vingard Tract in the City of Ssi; Luca Obispo.
DATE: April 6. 1959
CITY of SAN LUIS OBISPO
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RESW=ON tio.
--L.-I (1959 Series)
A PESQLTII0N AUTHORIZIN3 MMC'JTIa! OF F-kSL-z---N'r TO H. N.
AND RITH D. COOKS011.
2
VUEREAS, certainp=perty owmm have agreed to acquire and hold lands
for city off—street perking parposeaj and
WIMUSs In order to oormy said partials at a Stature dato, it vas nec*"-.*%*-
to relocate an em nt for ingm3s and al less;
tICU TU2MPME BE IT RESOLVED by tbo Comail, of the City of San Luis Obispo
a3 tallovat
Tbats in oa=Idzr&t:Lon. of the foregoing pl= and azrcexmt, the. Mayer
is bereby amtharized to emecate on bebwO of the City that certain ease=*&.
dated April 6. 299 conviVing to Reward N. and Ruth D. Cockeom an easement for
ingress and egrets uticb the C*=cIl has ditermined min not interfere with 4.L
pzvPoved patella vae of said pe=4. Said ezooment ebal I be recorded.
PISSM AMA . DOPM this . 6th.day-of April, 1959 by the fonotdn z roal�
can voter
A7ESt Nels Beck, Kichard G. SIc'.;h:, Kenne:h W. Fred H. Luc"iI.1irvie,
:OILS t Sons
A'BSW. J. Barry snith
ATMSTI
/s/ J. H. Fitzparr;ck
Civmzerr-
Fred.!*. Lucksint;vr
mayor
vot 692 m561
I• J. R. Mtapatrick, ths.doly eleetad• Qualified
and acting City Ctert of tbs. City of Us U ds Obispo* do .
hereby certify that the fojginlas iii fallo trot and corset
copy of Resolutim Rb. S28 . -Ms. snuo Pasttd -dud
adopted by tic Cao.til of thi.Clty of sss Latt Obisp ou the
6 day of April
vllwC'S q bmd ftd-tba saei of tbt City of ran
Luis Obispo chit i 4k4 pf ..+ A pril 11�.
E* Qerk
County r,ft-o,an
Fee $-:I - Indexed
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Document Ai��,
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A�� 1MllN.'OAST_�afw hl.
VOLq:!?- OHie:al Records P.i.S'9
SAM L.UIS OBISPO COUNTY, CAL-
APR o -1959
County r,ft-o,an
Fee $-:I - Indexed
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