HomeMy WebLinkAboutD-1992-B AUTOPARK TANK & WELLS - Hysen and Johnson Agreement for Purchase of Real PropertyRecording requested by,
v;hen recorded mail- to:
Utilities Department
c/o City C1erk
City of San Luis ObisPo
990 Palm Street, P.O. Box Bl-00
San Luis Obispo, CA 93403-8L00
Doc. No. 41023
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CA
JUN 1 I 1992
FRANCIS M. COONEY
county oer*-*fffb
UlAPN:053-r-5r--034
053-r-5r.-035
A-53-92-CC
AGREEMENT TOR THE PURCHASE OF REAL PROPERTY
This agreement is .entered into' this lst - day. of
tggz, try and between CarI Lesl-ie Hysen and Virginia
Trustees of the Hysen Living Trust dated June 23, l-9
Robert Burton Johnson and Elizabeth Ann Johnson, Tru
Johnson Living Trust, dated June 23, L988, joint own
Parcels 1 and 2 of Parcel Map SLo-79-157 n hereafter
referred to as rrOwnerrr, and the City of . San Luis Obi
chartered rnunicipal corporation, hereafter referred
collectively ref erred to as rrPartiesrr.
June
R. Hysen,88, and
stees of the
ers ofcollectively
sPo, a
to as rrcityfi,
In consideration of the mutual and respective covenants
promises set forth herein and subject to all the terms
Londitions hereof, the parties hereby agree as follows:
and
and
1-Description of Propertv.
fne CiLy wishes to acquire, and Owner agrees to grant and
convey to city, a portion of Parcel 2 in Parcel {ap SLO-79-
I57, as recorded in eook Z9 of Parcel Maps at Page l-1 in the
office of the San Luis Obispo County Recorder. The portion
of Parce1 2, hereinafter referred to as the ttSubject
Propertyr', is surrounded on three sides by the Hysen-Johnson
ford paifing 1ot, and on the fourth side by the.Prefumo
Creek easement. The Subject Property is shown in the
attached t'Exhibit A'r and is more particularly described as
follows:
Beginning at the northeast corner of Parce1 1' as
shown in Parcel Map SLO-79-L57, proceed to a
point at bearing N 34oL4 r30r' W' tO6-7 3 feet;
thence N 56o33t2gtt E, 27.38 feet to a point;
Thence S 8Lo5l-t39tr E,
Thence N 45o00r46rr E,
Thence S 44c25157n E,
Thence S 28o55r00rr I{,
beginning.
63.27 feet to a Poi
i-5. L9 f eet to a Poi
2O.Oo feet to a Poi
LO3.76 feet to the nt
nt;nt;nt;poi
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906'0"765
of
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A-5 3-92-CC
Agreement: Hysen-Johnson
Page 2
The City intends to relocate the existing water treatment
tanks from the center of the Autopark Way traffic circle to
the Subject Property, and add.futur-e treatment units as
necessary on the Subject Property. Necessary utilities for
the Subject Property.will reach the Subject Property through
an existing easement in what is now the Hysen-Johnson Ford
dealership's back parking lot.
The Parties acknowledge that the Subject Property is not now
an existing and separate parcel of real property. City
shall, at City's sole cost and expense, apply for and
effectuate such lot line adjustments or property division as
shall be necessary to create such a legal parcel: Owner
agrees to execute such documents or applications as shall be
reasonably necessary to accomplish such purpose. City shall
reimburse Owner for any expenses incurred by Owner with
regard to such lot line adjustment.
2. PurchasePrice.
The purchase price for the Subject Property and compliance
with the provisions described herein will be forty-five
thousand dollars ($45,000.00). City shall deposit the
entire purchase price into escrow, by certified or cashier's
check, during business hours at least one business day
before close of escrow.
3. Escrow.
This sale shall be consummated through an escrow established
with Ticor Title.Insurance Company of San Luis Obispo. The
closing date for the escrow shall be no later than sixty
(60) days from the date of this agreement, unless extended
by mutual agreement of the Parties, which agreement shall
not be unreasonably withheld. Escrow shall_ be considered
closed when the grant deed to the property is recorded.
Within fifteen (15) days from the execution of this
agreement, each party .shall execute and deliver to the
escrow holder its written instructions consistent with the
terms of this agreement .and shall provide the escrow holder
with such other information, documents and instruments as
the escrow holder may reasonably require to enable it to
close the transaction on the closing date.
4. Title.
Seller shall by grant deed convey to City a fee simple
interest in the Subject Property. The conveyance to City
shall be of good and marketable title to the Property, as
evidenced by a CLTA standard coverage title insurance policy
paid for by the buyer and issued by Ticor Title Insurance
Company in the full amount of the purchase price, insuring
that title to the Property is vested in buyer free and clear
of all liens and encumbrances, except those approved by
o
Agreement.: Hysen-Johnson
Page. 3
buyer in writing, and a lien for current real property
taxes. Buyer shall pay all recording fees, escrow fees,
title insurance costs and attorneys' fees of both parties in
preparing and effectuating this agreement.
5. Obligations of Parties After Close of Escrow.
a. Right of Access..
The Owner further agrees to grant a general right of access
to the Subject Property through Parcel land Parcel 2 of
Parcel Map No. SLO-79-157 via driveways and parking areas in
a form acceptable to both Parties. The Owner shall
designate a route to the Subject Property that is
satisfactory to the City and existing Tenant(s) of Parcel 1
and Parcel 2. The Owner will also provide copies of any
keys necessary for the City to gain access to the Subject
Property.
b. Gates.
Prior to construction on the Subject Property, the City will
install, at City's sole cost and expense, two new 25' wide
gates in the existing fence between the Subject Property and
the existing paved areas (approximate locations are shown in
Exhibit A). The existing gate will not be used for normal
operations. During installation of the gates to the
premises, and thereafter, City agrees to provide, at City's
sole cost and expense, such reasonable security measures as
Owner and/or Owner's tenant may require for the protection
of tenant's automobile dealership.
c. Notice of Access.
Daily access to the Subject Property through one gate will
be required by the.City. Approximately once every eighteen
months, access through both proposed gates by a "semi" truck
and trailer will be required to -.exchange carbon in the
treatment tanks. The City will provide Owner- and existing
Tenant with seven (7) days notice prior to scheduling a
truck delivery:
d. Emergency Access.
Emergency access to the Subject Property through both gates
shall be allowed at any time upon prior notice to owner and
existing Tenant by City.
e. Utilities.
Utilities will reach the Subject Property through existing
public utilities easements.
unl
Agreement: Hysen-Johnson
Page 4
f. Construction Arrangements.
Owner agrees to arrange for the relocation of parked cars
and equipment as necessary during the initial relocation of
water treatment facilities to the site. City agrees to
ensure that construction at the Subject Property will take
no longer than 60 days,:and that trenching across the
parking lot will take no longer than 5 days. During
trenching, cars will be provided with some means of crossing
the trench (such as a steel plate) at City's sole expense.
If; due to unforseen circumstances through no fault of City,
additional time is required for trenching and/or
construction, a time extension will be granted on reasonable
and mutually agreeable terms.
g. Dust Control.
The City will provide dust control measures during
construction at the Subject Property.
h. Maintenance of Property.
The City will maintain the Subject Property in good
condition, and shall effectuate such repairs as may be
reasonable necessary to the pavement across which access to
the Subject Property is obtained under this agreement.
i. Landscaping in Autopark Way Circle.
The City, at City's sole cost and expense, agrees to
promptly restore and maintain the landscaping within the
Autopark Way traffic circle after the removal of.the water
treatment facilities.
6. Right of First Refusal.
City hereby grants to Owner a right of first.refusal to
repurchase the Subject Property in the event that City
determines to sell all or any part of the premises. In such
event, City shall notify Owner of the terms on which City is
willing to sell the Subject Property. If Owner, within
fifteen (15) days after receipt of City's notice, indicates
in writing Owner's agreement to purchase the premises or a
part of the premises on the terms stated in City's notice,
City shall sell and convey the Subject Property or part
thereof to Owner on the terms stated in the notice. If
Owner does not indicate Owner's agreement within.fifteen
(15) days, City shall have the right to sell and convey the
Subject Property or part of the Property to a third party.
Upon any sale of the Subject Property to a third party, the
rights of access referenced in Paragraph 5 (a), above, and
all rights thereunder across Parcels 1 and 2 shall
immediately terminate.
vni m IIIPEf.F 168
Agreement:
Page 5
Hysen-Johnson
7. Abandonment.
Upon abandonment by the City of the use of the Subject
Property for water systems facilities for a period in excess
of six (6) months, Owner shall have the option to repurchase
the Property at current market value, as determined by an
appraiser to be agreed upon by both parties. A temporary
shutdown or modification of the treatment -facilities for
less than three (3) months shall not be construed as an
abandonment hereunder.
8. Contingencies.
The City's obligation to purchase the Subject Property is
contingent on Architectural Review Commission and Planning
Commission approval for relocation of the treatment tanks to
this site.
9. Notices.
All notices and demands shall be given in writing either by
personal service or by registered or certified mail, postage
prepaid, and return receipt requested. Notice shall be
considered given 48 hours after deposit in mail. Notices
shall be addressed as appears below for each party, provided
that if any party gives notice of a change of name or
address, notice shall thereafter be given as demanded in
that notice.
City: Utilities Department
c/o City Clerk
City of San Luis Obispo
990 Palm Street, P.O.. Box 8100
San Luis Obispo, CA 93403-8100
Owner: Hysen Living Trust
1717 Conejo
San Luis.Obispo, CA .93401
Johnson Living Trust
618 Al Hill Drive
San Luis Obispo, CA 93405
Copy to: Roderick A. Rodewald
Diehl & Rodewald
P.O. Box 1207
San Luis Obispo, CA 93406
VOL 3906VAGL769
Agreement:
Page 6
Hysen-Johnson
10. Waiver of Richts.
Any waiver at any time by either party hereto of its rights
with respect to a breach or default, or any other matter
arising in connection with this agreement, shall not be
deemed to be a waiver with respect to any other breach,
default or matter-.
11. Successors and Assigns.
This agreement shall be binding on the heirs, executors,
administrators, successors, agents, lessees and assigns of
the respective parties.
12. Cooperation.
Each party to this agreement agrees to do all things that
may be necessary, including, without limitation, the
execution of all documents which may be required hereunder,
in order to implement and effectuate this agreement.
13. Entire Acgreement..
This agreement is freely and voluntarily entered into by the
Parties after having had the opportunity to consult with
their respective attorneys. The Parties, in entering into
this agreement, do not rely on any inducements, promises, or
representations made by each other, -their representatives,
or any other person, other than those inducements, promises,
and representations contained in this agreement. This
agreement represents the entireagreement of the Parties.
14. Recordation. t.
The City shall record this agreement. The City will be
responsible for any recording costs.
15. Time of the Essence.
Time is of the essence of this agreement and failure to
comply with this provision shall be a material breach of
this agreement.
16. Costs and Attorney's Fees.
The prevailing party in any action between the parties to
this agreement brought to enforce the terms of this
agreement or arising out of this agreement may recover its
reasonable costs and attorney's fees expended in connection
with such an action from the other party.
IN WITNESS WHEREOF, the Parties have hereunto set their
hands the day and year first entered above, at San Luis Obispo,
California.
VOL 3906PAGE770
w
Agreement: Hysen-Johnson
Page 7
-ATTESrO
m oges Cil(Clerk
'APPR0V- ED: AS TO FORM:
tq ney
rAl ROVED/ AS O CONTENT:
Utilities Director
B:\hysenj.agr
CITY OF SAN LUIS OBISPO
on unin
LIVING
Carl LeslieC*sen, Trustee of
the Hysen Living Trust, dated
June 23, 1988
VIRgibiN R. Hysen, Trustee f
the Hys n Living Trust, dat d
June 23, 1988
TRUST
Z%W,V=i 1. i "�l WJL U VAAAA l , it ��
of the Johnson Liv n Trust,
dated June 2.3, 198
E1' abe_th Ann Johnso , Trustee
of the Johnson Living Trust,
dated June 23, 1988
VOL 39n6PEr.F / 1 1
STATE OF CALIFORNIA _
COUNTY OF SAN LUIS OBISPO. ss.
On this 17th day of June , in the year 1992, before me Marilyn Cox
personally appeared Pamela Voges known to me.
to be. City Clerk of the City of San Luis Obispq and known to
me to be the person who executed the within instrument on behalf of said public
corporation, agency or political subdivision, and acknowledged to me that the City of
San Luis Obispo executed the same.
(SEAL)
RARILYri Cox
l
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110MY r is sLii;
SA',LUIS 0T-'Fti,✓GUNTV
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CilLMNI MA
c"s on t4ovamber 74,1995
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STATE OF CALIFORNIA �` j }ss. '^1 i � VEL ' YAGE772
COUNTY OF .�4V Lcces
a personally //�fOn �%lRY �oY�r a�i%?-'' before me,
m pe- �14j tCX� .0A.19 41 '2-4dcnl Aly
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" a�rnlSoN personally known to me (or proved
E to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iss re)) ubscribed to the within
LL instrument and acknowledged to me that he/she he scaled the same in his/heKLtp�r authorized capacity(ies),
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and that by his/hd;�E signature(s) on the instrument the person(s) or the entity upon behalf of which the
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person(s) acted, executed the instrument.
OFFICIAL SEAL
"" KAREN -S. BOUCHER
W WITNESS my/hand and official seal. SANPZM4
Signature�'� Y 6.
1W5-
-- STATE OF CALIFORNIA )ss.
COUNTY OF �A/J %4h 45'='ae C� }
' E On4<it, 2,0 17f l— before me, /�/LEaJ S �oc�trL
F. personally appeared CW--(.Le-94 F; fh rJ (/l�Gin/�A !�• C SFA -2 ,
personally known to me (or proved
E to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ist 6Qubscribed to the within
i jr. instrument and acknowledged tome that he/she the executed the same in his/het& authorized capacity(ies),
I c and that by his/her4f ei ignature(s) on the instrument the person(s) or the entity upon behalf of which the
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i person(s) acted, executed the instrument. O1AdAL SEAL
= WITNESS my/hand and'offici seal. N01OtY G- omia
S r Signature— Y ((AeCAtftg b.
(This area for official notarial seal)
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3906PAGE77`'
•
EXHIBIT A
SHEET 1 OF 2
LOS OSOS VALLEY ROAD
END OF DOCUMENT
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