HomeMy WebLinkAbout01/18/2005, C6 - PURCHASE OF 1049 ORCUTT ROAD council 1-18-05
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CITY OF SAN LUIS OBISPO
FROM: Jay Walter,Director of Public Works
SUBJECT: PURCHASE OF 1049 ORCUTT ROAD
CAO RECOMMENDATION
1. Authorize the purchase of property located at 1049 Orcutt Road for$550,000.
2. Transfer $224,000 from the construction phase of this project and appropriate an additional
$91,000 in transportation impact fees for acquisition of this property.
3. Authorize the Mayor to sign final purchase documents and the deed.
DISCUSSION
On August 17, 2004, the Council, in closed session, learned that property at 1049 Orcutt Road
was available for purchase, and consequently directed staff to negotiate a purchase agreement for
consideration at a regular meeting.
Rincon Corporation, Santa Maria, California performed the appraisal (not connected with Rincon
Environmental Consultants). It was completed on October 12, 2004, and has been reviewed and
approved by staff. The appraisal range has been discussed with the property owner.
The appraiser used similar property sales and gross multipliers to arrive at his conclusion. He
found that the property could be worth between $515,000 and $550,000 and settled for a
recommended price of $550,000 based upon potential highest and best use for the site. This
price has been discussed with the owner, and although it is an amount below what he originally
thought might be his asking price, he has confirmed a willingness to sell the property for this
amount if the City can agree to a quick "tum-a-round"for the escrow and purchase.
As part of good City planning, the Council has, from time to time, authorized the purchase of
property that is deemed to be of value in meeting long-range goals of the City. Most of the time
the Council has been able to purchase property without being forced to use its powers of eminent
domain, and as such, has informally, over the years established a policy to try to avoid its use
thereof. As a result, staff tries to keep abreast of properties that come "on the market" which
would, if purchased, fulfill some of the Council's long-term goals. In this case, the parcel will be
used for street widening and ultimately for the grade separation of Orcutt Road across the Union
Pacific railroad tracks.
Staff recommends that, if purchased, the building be removed or allowed to be moved from the
site. This would permit the site to be scrubbed of structures prior to the final design of the Orcutt
Road widening project, which is currently on hold awaiting State funding that has been delayed.
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Purchase of 1049 Orcutt Road Page 2
One potential alternative would be to allow the Housing Authority to move the building, if
possible,to a property it owns and re-establish the structure as a residential use.
CONCURRENCES
The Planning Commission reviewed the proposed property acquisition for General Plan
conformity on December 8, 2004. The Commission found the proposed acquisition to be in
conformance with the General Plan. A copy of the Planning Commission staff report and draft
minutes are attached (Attachment No. 2).
FISCAL IMPACT
Funding Needs for 2003-05
Including funding of$35,000 for related costs (such as appraisal, title report and escrow closing),
the total cost of this purchase is $585,000 The 2003-05 Financial Plan already includes $270,000
for this property acquisition using transportation impact fees (TIF). It also includes $824,000 for
widening of Orcutt Road, of which $224,000 is funded by the TIF program and $600,000 from
State Transportation Improvement Program (STIP) grant funds.
Accordingly, this property acquisition will require additional funding from the TIF program.
However, as described below, due to delays in State grant funding, construction will not occur
this fiscal year. As such, we recommend funding thisacquisitionfrom TIF revenues as follows:
Proposed Acquisition Budget by Source
Current TIF budget for acquisition 270,000
Transfer from TIF budget for construction 224,000
Curent Available TIF funding 494,000
Additional appropriation needed from TIF Fund 91,000
Total $ 585,000
Future Funding Needs
Because the Orcutt Road widening project has encountered substantial funding delays, the cost of
the project has already risen due to increased construction costs and additional costs that Union
Pacific Railroad (UPRR) has identified as part of their work in the widening project. Part of this
increase is the cost associated with the billboard removal located in the UPRR right of way that is
within the road widening area.
A revised engineer's estimate for the project has been prepared by Public Works staff. While the
total construction cost has increased substantially, a funding source for this increase does exist in
the City's TIF program. Because the widening of Orcutt Road is primarily needed to
accommodate growth traffic, staff is proposing to amend the TIF program to include the costs of
the Orcutt Road widening project. Partial funding for the ultimate Orcutt Road grade separation
project is already contained in the current TIF program: Finance and Public Works are currently
working on the update to the TIF program, which is tentatively scheduled for Council review in
April 2005. Staff plans to return to Council with the revised Orcutt Road widening project
budget and schedule as part of the 2005-07 Financial Plan. �r v�
CIP'a
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Purchase of 1049 Orcutt Road Page 3
ALTERNATIVES
1. Do not purchase the property. Given the unique opportunity to purchase a key site identified
in the Circulation Element with a willing seller at a reasonable cost, we do not recommend this
option.
2. Renegotiate the selling price or other terms of the sale. Based on our appraisal and standard
terms of the sale,we believe that the selling price and other terms are fair and reasonable.
ATTACHMENTS
1. Vicinity map
2. Planning Commission staff report and draft minutes
3. Draft.Purchase Agreement
L Admin DivisionTroperty Acquisition\Orcutt Road-1049\purchase 1049 oroutt01-18-05 cc agenda reportvIDOC
Cts -3
ATTACHMENT 1
Vicinity Map
Project Facts:
Property Location: 1049 Orcutt Road
Asking Price:$550,000
Property Owners:Vivian Bullock Trust
Assessor's Parcel No::053-071-025
Current Zoning:R-3-s
Current General Plan Designation:Medium High Density Residential
Current Use:Residential— 1 units
Historic District—No
FEMA Flood Zone—None
Master Planned Area—no
Purpose of potential acquisition:Site of Orcutt Road and Bullock Lane Realignment
Use if acquired:Infrastructure improvements
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Orcutt Road—Laurel Lane Property Acquisition Ma
ATTACHMENT 2
CITY OF SAN LUIS OBISPO
PLANNING COMMISSION STAFF REPORT tn1�s
FROM:' Michael Draze, Deputy Director MEETING DATE: December 8, 2004
Timothy Scott Bochum, Deputy Director of Public Work
FILE NUMBER: GPC 223-04
PROJECT ADDRESS: 1049 Orcutt Road
SUBJECT: General Plan conformity determination for property acquisition at 1049 Orcutt
Road, for future infiastntcture improvements.
RECOMMENDATION
Determine, and report to the City Council, that the proposed property acquisition is in conformity
with the General Plan.
DISCUSSION
Data Summary
Property Owner: Vivian Bullock Trust
Owner's Representative: Richard Bullock
General Plan Land Use Designation: Medium High Density Residential
Current Zoning: R-3
Surrounding Uses: Street(n),vacant City property(e&w),dwellings,City property(s)
Environmental Status: Categorically exempt as an existing facility (CEQA Guidelines Section
15301;future infrastructure improvements will be subject to environmental
review.
Site Description
The proposed acquisition is a piece of property containing one residential unit. The lot size is
11,050 square feet. One house was built in 1927 is located in front and the other two, an upper and
lower unit, are located in the rear of the.property. The house is over fifty years in age but is not
considered as being historically significant.
Why is the City thinking of buying this property?
Significant improvements to Orcutt Road and Laurel Lane are required in the near and long-term
future. Initially, the City is working on a project to widen Orcutt Road and relocate Bullock Lane
to Laurel Lane to provide safety improvements, better bike lane access and improved transit
stops. In the long-term, the City Circulation Element forecasts the need to construct a grade
separation of Orcutt Road at the UPRR tracks. Acquiring the Bullock House is one of the final
properties to be acquired by the City to accomplish these projects.
A "Setback" Plan Line for the widening of Orcutt Road and the grade separation was originally
established by the.Council in 1963 and was last updated in 1994 when the widening requirements
Planning Commission Staff Report— 1049 Orcutt Road
Page 2
were increased so as to include a raised, landscaped median in Orcutt Road from Broad Street to
Laurel Lane. The official Plan.Line Map includes acquisition of this property for roadway
improvement purposes.
As part of good City planning the City Council has, from time to time, authorized the purchase of
property that is deemed to be of value in meeting long-range goals of the City. Most of the time
the Council has been able to purchase the property without being forced to use its powers of
eminent domain and as such has informally over the years established a policy to try to avoid its
use thereof. As a result, staff tries to be aware of properties that may come on "the market"
which would, if purchased, fulfill some of the Council's long-term goals.
The City has already acquired three of the other four properties(see Attachment 1)in this vicinity
that have been identified as being necessary in the long-term to preserve right-of-way for the
future infrastructure needs.
What will the City do with the property?
Because of the immanent need for widening of Orcutt Road, scheduled for construction in FY
2005-06, staff is proposing that the house be removed or relocated from the property.
What is the Planning Commission's role?
California law requires that before the City acquires real property, it must first refer the item to the
Planning Commission for a determination of conformity with the General Plan (Government Code
Section 65402)..The Commission must then hold a public hearing and report its findings to the City
Council. A fording that a proposed acquisition conforms to the General Plan does not necessarily
mean the Commission endorses a particular project for the site. There are no specific sanctions in
State law if an acquisition is found not to conform to the General Plan. A finding of
nonconformance could make a project vulnerable to legal challenge through Government Code
provisions requiring General Plan conformity for new development.
What does the General Plan say?
The Land Use Map shows the site as Medium-High Density Residential. (Typically, the Land
Use Map designates property as Public only if it is owned by a government agency, to avoid
potential "takings" issues.)
Circulation Element Policy 8.7 says, "Rights-of-way should be reserved through the building and
setback line process or through other mechanisms so that options for making transportation
improvements are preserved." As stated previously, official plan line maps indicating the need
for this property date back to 1963. Three of the necessary-parcels have already been acquired for
the needed right-of-way at the intersection of Laurel Lane(see Attachment 1).
As contained in the Circulation Element, Project B.2 says, "Orcutt Road (Broad to Johnson)
Complete widening to four lanes." Acquisition of the property allows for future completion of
Planning Commission Staff Report-1049 Orcutt Road
Page 3
this significantly needed project. Widening between Laurel Lane and Johnson will be contingent
on traffic assessment to be performed as part of the Orcutt Area Specific.Plan process.
As contained in the Circulation Element, Project D.2 says, "Orcutt Road (at the railroad) Build
an overpass for Orcutt Road at railroad." Acquisition of the property allows for future completion
of this significantly needed project.
ALTERNATIVES
The Commission may determine that the acquisition does not conform to the General Plan. The
Commission may continue the item. There is no legally mandated deadline for Commission
action.
Attachments:
1. Vicinity Map
1:Wdmin Divwon\Property Acquisiaon\Orwn Road- 1049\PC GPC report 12-8-04.DOC
Draft Planning Commission Minutes
December 8, 2004
Page 2
PUBLIC COMMENTS:
There re no comments made from the public.
COMMISSION MMENTS:
Vice-Chair Boswell mov the staff recommendati �-recommending the Commission
recommend to the Citv Cou I a roval of a .draft amendments to General Plan
Housing Element Appendix C: sin onstraints and Resources. Seconded b.
Commr. Loh.
AYES: Commrs. L oswell, Miller, Ch ' ianson, and Chairperson Caruso
NOES: None
ABSENT: C mrs. Osborne and Aiken
ABSTAI • None
e motion carried on 5 : 0 vote.
BUSINESS ITEM:
2. 1049 Orcutt Road. GPC 42-04; General Plan conformity determination for property
acquisition for future infrastructure improvements; R-3-S zone; City of San Luis
Obispo, applicant.
Deputy Public Works Director Tim Bochum presented the staff report requesting the
Planning Commission determine and report to the City Council that. the proposed
property acquisition is in conformance with the General Plan.
PUBLIC COMMENTS:
There were no comments made from the public.
COMMISSION COMMENTS:
Commr. Loh moved to recommend that the City Council find.that the proposed property
acquisition is in conformance with the General Plan. Seconded.by-Vice-Chair Boswell..
AYES: Commrs. Loh, Boswell, Miller, Christianson, and Chairperson Caruso
NOES: None.
ABSENT: Commrs. Osborne and Aiken
ABSTAIN: None.
The motion carried on a 5 : 0 vote.
COMMENT AND DISCUSSION:
3. Staff:
D R
ATTACHMENT .3
AGREEMENT NO.
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ("Agreement") is dated
2004,and constitutes an agreement by which Randal Lee Bullock
as the successor trustee of the Vivian Lucille Bullock Living Trust of 1990,("Seller"),agrees to sell and
CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California (`Buyer'),
agrees to purchase that certain real property ("Property") legally described in the attached Exhibit One,
incorporated herein by reference as though fully set forth,commonly known as 1049 Orcutt Street,APN
053-071-025,City of San Luis Obispo,California.
The terms and conditions of this Agreement are as follows:
1. Purchase and Sale. Seller agrees to sell to Buyer, and Buyer agrees to purchase
from Seller,the Property upon the terms and conditions herein set forth.
2. Purchase Price. The Purchase Price of the Property shall be Five Hundred fifty
Thousand Dollars($550,000)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 Seller,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 plus any incidental
costs of sale to be home by Buyer in accordance with the terms and conditions of this Agreement.
4. Conditions of Title. Feesimple absolute title to the Property shall be conveyed by
Seller to Buyer by grant deed(which grant deed shall be fully executed and acknowledged and deposited
by Seller 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 Gen to secure payment of real estate taxes,not delinquent;
b. Items 1, 2, and 3 as listed on page 3 of that certain preliminary title report
("PTR") issued by Cuesta Title Company, dated August 31, 2004, and
referenced as Order Number 809105.
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With respect to any encumbrances securing obligations relative to the Property,including,but not
limited to,deeds of trust,Seller covenants he 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 (at Buyer's option, an A.L.T.A. policy of title insurance may be
substituted). Buyer has previously obtained a preliminary title report from Cuesta Title Company,Order
No. 809105,dated August 31, 2004. Escrow shall obtain and provide Buyer with an updated title report
following the opening of escrow and shall provide a copy of this report to Seller. Buyer shall notify Seller
in writing within ten (10)business days after receipt of the updated title report and the title documents
reported as exceptions in it("title documents")of Buyer's disapproval of any exception in it. 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 Escrow Holder's obligations to the parties hereunder
shall terminate,the Escrow Holder shall return to Buyer any sums which have been deposited into Escrow
by Buyer,and Seller shall bear the costs of escrow.
5. Escrow.
a. Opening of Escrow. Upon execution of the Agreement,escrow
accounts shall be opened expeditiously in a manner acceptable with Cuesta Title Company, San Luis
Obispo,CA("Escrow Holder"),Martha Sohacki,Escrow Officer,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 later than forty-five (45) days after
escrow is opened(the"Closing Date"). In the event that this escrow failed to close by the Closing Date(or
is 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. Seller shall pay the costs and expenses of the title insurance
policy to be issued in favor of the Buyer pursuant to paragraph 4 hereof,but such costs shall be adjusted by
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UP � ��-
whatever credit may be due for prior payment made to title company by City upon issuance of the PTR
referenced in Paragraph 4 hereinabove. This transaction is exempt from deed recordation fees and
documentary transfer taxes due to the fact that Buyer is a public agency. Seller shall pay recording fees for
any other documents which the parties may mutually direct to be recorded in the official records. Buyer
and Seller shall pay the escrow fees of Escrow Holder. Escrow fees shall include,but not be limited to,
Escrow Holder's customary charges to either party for document drafting, recording, and miscellaneous
charges. No real estate broker commission is involved in this transaction. Buyer shall have no obligation
to pay nor liability for any broker's commission. Buyer accepts full responsibility for paying its own staff
and any consultants retained to assist in this transaction directly,outside of escrow. Real property taxes for
the Property shall be cancelled upon the close of escrow. Escrow holder shall file a tax cancellation request
form,.signed by City,with the County upon the date of the close of escrow. Seller shall hold all rights for
collecting any refunds due from County for pre-paid taxes paid by Seller prior to 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 Seller pursuant
hereto and for the account of any lenders of record,pursuant to separate
instructions by Seller.
(2) The remaining balance of the funds so deposited by Buyer shall be
disbursed to Seller 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. Default. Seller agrees that if the within sale is not completed as herein provided
by fault of Seller, Buyer,at its option shall be entitled, in addition to any other remedy now or hereafter
available to Buyer under the laws or judicial decisions of the State of California, to compel Seller to
perform its obligations under this Agreement by means of a specific performance proceeding or by
initiating an eminent domain action. In the event Seller is unable to deliver title within a reasonable period
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of time in accordance with the terms of this Agreement then Buyer may file an action in eminent domain
to pursue the acquisition of the Property,,and this Agreement shall constitute a stipulation which may be
filed in said proceedings as final and conclusive evidence of the total amount of damages for the taking,
including all of the items fisted in Section 1260.230 of the Code of Civil Procedure,regarding said property
rights.
9. Notices. AB 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.
Seller: Randal Lee Bullock
3 Chuparrosa
San Luis Obispo,CA 93401
Buyer: City of San Luis Obispo
Deputy Director of Public Works
955 Morro Street
San Luis Obispo,CA 93401
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.
10. Seller's Representation and Warranties.
a. In addition to any express agreements of Seller contained herein,the following
constitutes representations and warranties of Seller 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
from governmental authorities pertaining to violations of law or
governmental regulations with respect to the Property.
(2) There are no liens or encumbrances upon, claims to, or covenants,
conditions and restrictions, easements, leases; rental agreements,
occupancies of any kind whatsoever,rights of way,rights of first refusal;
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:7 0140 1a
options to purchase, or other matters affecting the Property except as
contained in the Conditions of Title.
(3) There is no material adverse fact or condition relating to the Property,or
any portion thereof (including but not limited to the existence of any
underground tanks or pipelines or any hazardous waste or material)
which has not been specifically disclosed.in writing by Seller to Buyer,
provided, however, Seller makes no warranty that the Property will be
free of any damage from or infestation by wood destroying pests and
organisms,including but not limited to termites, dry rot, and fungi; and
with respect to any said damages from or infestation by wood destroying
pests and organisms, Buyer acknowledges that Buyer is purchasing the
property.solely in reliance on Buyer's own investigation,in the condition
that it is in at Close of Escrow and that no structural pest control
inspection shall be required. This transaction,however,is subject to and
contingent upon Buyer's approval of the condition of the Property after
completion by Buyer of a physical inspection of such, for which Seller
hereby agrees to provide Buyer with access to the Property, inside and
out, to conduct such inspection. Such inspection shall be conducted
within 14 days of the date of this Agreement. If any conditions
unsatisfactory to Buyer are found Buyer shall inform Seller of such
within 18 days of the date of this Agreement,and Seller shall_respond as
to whether Seller will correct such deficiencies prior to the Close of
r
Escrow. Buyer retains the rights to cancel thistransaction without further
obligation or liability in the event that Buyer objects to the condition of
the Property after completing its physical inspection.
(4) Seller has the legal power, right and authority to enter into this
Agreement,and to consummate the transaction contemplated hereby.
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(5) There are no service or maintenance contracts, management agreements
or any other agreement which will affect Buyer or the Property
subsequent to the Close of Escrow.
(6) There are no encroachments onto the Property of improvements located
on any adjoining property no do any improvements located on the
Property encroach onto any other adjoining property.
(7) Seller warrants and represents that there are no prescriptive or other
easements affecting the Property.
a. In the event that,during the period between the execution
of this Agreement, and the Close of Escrow, Seller has
actual knowledge of, learns of,or has a reason to believe
that any of the above representations or warranties may
cease to be true, Seller hereby covenants to immediately
give notice to Buyer of the change in circumstances.
Upon Seller notifying Buyer of the change in
circumstances, Buyer may, in addition to any other
recourse or remedy provided by law, at its sole option.
terminate this Agreement and all funds deposited into
Escrow or delivered to Seller in connection herewith shall
be immediately returned. Further, in the event Buyer so
elects to terminate, Seller shall pay all Escrow costs, if
any,incurred by both parties herein under this Agreement.
11. Survival of Conditions The covenants;agreements,representations and warranties
[Wade in Paragraph(10) 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.
12. Successors and Assigns. This Agreement shall be binding upon,and shall inure to the
benefit of the successors,heirs,and assigns of the parties hereto.
13. Required Action of Buyer and Seller. Buyer and Seller agree to execute all such
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instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate
the purchase and sale herein contemplated and shall use their best efforts to accomplish the timely Close of
Escrow in accordance with the provisions hereof.
14. 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.
15. 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 an other provision hereof or of any subsequent Breach by either party of the same or any other
provision.
17. 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 or intent of such paragraph of this Agreement,nor in any way affect this Agreement.
18. Binding Effect&This Agreement is expressly subject to and contingent upon Buyer's
acceptance and approval. Deposit into escrow of a fully executed copy of this Agreement constitutes
acceptance and approval by Buyer. This Agreement is subject to and conditioned upon approval and
ratification by the City Council of the City of San Luis Obispo. This Agreement is not binding upon the
City until executed by the appropriate City official(s)acting in their authorized capacity.
IN WITNESS WHEREOF,THE PARTIES HERETO HAVE EXECUTED THIS Agreement as
of the date and year fust above written.
Signatures follow on next page...
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to
1�
SELLER
Randal Lee Bullock as the successor trustee
of the Vivian Lucille Bullock Living Trust of 1990
By:
Randal Lee Bullock,Trustee
BUYER
City of San Luis Obispo
A Chartered Municipal Corporation Approved as to Form
By: By:
Name: Jonathan Lowell,City Attorney
Title:
Date: Approved as to Content:
Attest: By: _
4ay Wal rer,Public Works Duector_ ___ Deleted:Tim Bochum
Deleted:Deputy
City Clerk
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