HomeMy WebLinkAbout06/06/2006, C5 - HAYS STREET EASEMENT ACCEPTANCE mm
COun V L MRJuOat
June 6,2006
agenda Rpm I�Nk` C�
CITY OF SAN LUIS OBISPO
FROM: Jay D. Walter,P.E. —Public Works Directo
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SUBJECT: HAYS STREET EASEMENT ACCEPTANCE
CAO RECOMMENDATION
1. Accept a quitclaim deed for the Hays Street right of way to be recorded after the specified
five year easement expires.
DISCUSSION
In September 1887 Edwin Goodall subdivided a portion of the City of San Luis Obispo generally
bounded by the centerlines and sidelines following proposed or existing streets: centerline of
Slack Street on the North; Murray, Monterey, Grana Mill, Minor and Grove on the South; the
centerline of Motley Avenue on the West and the centerline of Dana on the East. This Map
known as the Philips Addition was filed in the office of the San Luis Obispo County Clerk on
August 27, 1902 in Book A at Page 162 of Maps (Attachment 1).
On June 4, 1973 the San Luis Obispo City Council adopted City Council Resolution No. 2472
(Attachment 2) abandoning a portion of Dana Avenue, between the North sideline of McCollum
Street and the South sideline of Slack Street.. The exhibit attached to the abandonment resolution
shows the abandonment of the full width of Dana Avenue crossing Hays Street, between the
limits described above. The City reserved the full width of the abandoned street for utility and
drainage purposes.
On April, 17, 1980, then City Attorney, George C. Thacher, wrote a letter (Attachment 4) to the
Office of the County Engineer stating that "...the plat (Exhibit "A" of the Abandonment
Resolution 2447) represents an abandonment of more that what was created by the Phillips
Addition Subdivision Map ... It appears reasonable, as well, that assuming Hays Street runs to
the subdivision boundary the City Council did not intend to abandon that portion which coexists
with Dana Avenue; the language in the resolution abandons "Dana Avenue" only. The bottom
line: Those areas in red on Attachment A should remain a part of Hays Street and not become a
tag addition to the lots shown." Mr. Thacher also states that by abandoning Hays it "results in a
private barrier to the extension of Hays Street.in to any development to the east... "
The City attempted to resolve the abandonment issue regarding the Hays Street right of way by
asking that the two property owners who had benefited from the abandonment grant an easement
over the property to the City. The property owner on the south side of Hays St. agreed, and
granted an irrevocable easement for public street and utility purposes to the City, but the property
owner on the north side did not, resulting in the City reacquiring only half of the original street
right of way.
W r
Hays Street Easement Acceptance Page 2
The City has received ongoing requests from Donald and Barbara Stimson, who own the property
that abuts the end of Hays Street, to formally clarify that the resolution of abandonment of Dana
Avenue did not include Hays Street, but that Hays Street was erroneously included on the
abandonment diagram. Due to some rather contentious legal ambiguities associated with that
course of action, the two affected property owners (the Stimsons and the Thomas) have been
working together towards a mutually acceptable resolution of the abandonment dispute in order
to avoid continued discord and possible litigation. The north side property owners have agreed
to grant the Stimsons a private easement for street and road purposes to provide a wider access to
the Stimson property. The agreement is contingent upon the City accepting a quitclaim deed for
the affected portion of Hays Street at the end of a five year easement. The result of the
negotiations between the property owners is the document that Council is being asked to
consider.
The agreement between the property owners essentially provides the Stimsons with an easement
for public street and utility purposes (the street section is built out in the easement area) and for
the City to become the owner of the easement area after a five year period. At that time the Clerk
would record the Quitclaim Deed in the form attached giving the City possession of the easement
area, finally resolving any abandonment disputes over the affected property and ensuring full
City control and ownership of the disputed section of Hays Street.
FISCAL IMPACT
There is a small, but insignificant fiscal impact to accepting this right of way, since the rest of
Hays Street is currently maintained by the City.
ALTERNATIVES
Do not accept the easement and allow the issue regarding the status of Hays Street to linger
unresolved. This alternative is not recommended because the property has been a continuing
source of tension between the adjoining property owners, which presents a risk of litigation that
could involve the City if not resolved.
ATTACHMENTS
Attachment 1 "Phillips Addition" (A/MB/162)
Attachment 2 City Council Resolution 2472
Attachment 3 Agreement between Stimson/Thoma
Attachment 4 Easement Grant Deed
Attachment 5 Quitclaim Deed
Attachment 6 Resolution
]:\_CAR Reports\2006\DevRev\Hays SACAR Hays St Easement Acceptance.DOC
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ATTACHMENT 1
Dana Avenue Abandonment
(a portion of A/MB/162)
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Recording requested by 07497;15" (00{60.00 RECR
City of San Luis Obispo Doi !i0. 04082 01447#15"r M000010CA
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Return to% SAN LUIS OBISPO CO„CALIV ._— -- --- -- - _
City Clerk "�wwREC RDER' ATTACHMENT'! 2
P. 0. Box 321 COUNTY RECnROER
San Luis Obispo, CA 93401 JUL251973 — - - -
n� q'�otam
RL+SOLUTIDi1 110. 2472 (1973 Series)
A RESOLUTIOU FIIIDIUG ASD DETE10MIlNG THAT A
PORTIOIT OF DANA AVMft IS U`12]RCf SSARY FOR
PRESENT OR PROSPECTIVE STREET PURPOSES AND
ORDERIIIG TRE ABAIIDMAIMTD OF SME SUDT„CT To
RESERVATIOII OF EAS1 M;TS AIM REPEALII?G AND
SUPERSEDING =OLUTIOII WO. 2446.
BE IT RESOLVED by the Council of the City of San Luis,
Obispo as follows:
1. In accordance with the public hearing duly held on
April 2, 1473, pursuant to Division 9, Part 3, Chapter 2 of
the California Streets and Highways Code, this Council finds
and determines that the portion of Dana Avenue shown on the
map marked Exhibit "A", attached hereto and thereby incorporated.
herein, is not necessary for present or prospective public
street purposes, and the same is hereby ordered abandoned subject
to the reservation of the followins easement.
A drainage and utility easement 3s hereby reserved
over the fall width.to permit installation, maintenance
1, and repair, enlargement or removal of drainage and
utility facilities.
2. This Resolution repeals and supersedes Resolution .
No. 2446 and differs from Resolution 17o. 2446 in that sub-
paragraphs 1(a) and l(b) thereof concerning reservation of
easements are combined and enlarged into one paragraph herein.
3. The City Clerk sball cause a certified copy of this N
Order of Abandonment, duly attested under the Seal of. the City 0
to be recorded in the San Luis Obispo County Recorder's Office.
A 07md 11'7
RESOLUTIOU 1,10. 2472
(1973 Series)
Page 2
On motion of Councilman Graham . seconded by Councilman
Gurnee and on the following roll call votes
AYES: Councilman Brown, Graham, Gurnee, Norris
and Mayor Schwartz
dO,I.S: None
ABSEk;T: Nana
the foregoing Resolution is passed and adopted this 4th day
of June 1973.
s/ Kenneth E. Schwartz
Mayor
ATTEST:
tyr�
C E R T I F I C A T I O II
I hereby certify that the foregoing Resolution was
duly and regularly passed by the Council of the City
of San Luis Obispo at a Regular tfeetinE thers9fAeld
on tho 4th day of June 1973.
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PROPOSED
ABANDONMENT EXHIBIT ��IQ1n
Fun nF nnraIMFMT L;YOL 1736 racF 39
ATT.' ^HMENT 3
AGREEMENT
THIS AGREEMENT ("Agreement") is entered into this 1st day of May, 2006, by and
between Clarence Thoma and Pearl Thoma, husband and wife (collectively, "Thoma"), and Don
Stimson and Barbara Stimson, husband and wife (collectively, "Stimson"). Thoma and Stimson
are collectively referred to herein as the "parties".
1. The parties are neighbors and own real property adjacent to each other
within the City. In 1973, the City passed Resolution No. 2432, Resolution No. 2446 and
Resolution No. 2472 providing for the abandonment of Dana Avenue ("Abandonment"). By this
Agreement, the parties seek to clarify the nature and extent of that.Abandonment.
2. Contemporaneous with the execution of this Agreement, Thoma shall
execute an easement grant deed ("Easement") in the form attached hereto as Exhibit "A" and a
quitclaim deed ("Quitclaim Deed") in the form attached hereto as Exhibit "B", and deliver the
Easement and Quitclaim Deed, as well as a copy of this Agreement, to the City of San Luis
Obispo. It is understood and agreed by the parties hereto that the City of San Luis Obispo will
hold the executed Quitclaim Deed until the termination of,the Easement, at which time it will
record the Quitclaim Deed.
3. In consideration of the foregoing, the parties do hereby, for themselves and
agents, successors-in-interest and assigns, agree to fully and forever release and discharge each
other from any and all claims relating to or arising from the Abandonment.
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement on the
date set forth above.
"THOMA" "STIMSON"
ct_e
Clarence Thoma Don timson
Pearl Thoma Barbara Stimson
F?neOTYlliomc1021Docs•Se"lemeni Agrcemem 5.16-06.00c ' 1\
SETTLEMENT AGREENti-NT
AND FULL MUTUAL RELEASE
EXHIBIT "A"
EASEMENT
cs-4
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
APN: 052-124-016,052-271-010 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
EASEMENT GRANT DEED
The undersigned Grantor declares:
DOCUMENTARY TRANSFER TAX:
X Computed on the consideration or value of property conveyed;OR
Computed on the consideration or value less liens or encumbrances remaining at time of sale.
Unincorporated area; X City of_San Luis Obisao, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CLARENCE W. THOMA and PEARL M. THOMA, Trustee of the Clarence W. Thoma Family
Revocable Trust under Declaration dated August 12, 1992 (collectively, the "Grantors") as
owners of certain real property described on Exhibit "A" hereto ("Grantors' Property"), hereby
GRANT to DON STIMSON and BARBARA STIMSON, husband and wife, (collectively,
"Grantees"), as the owners certain other real property described on Exhibit "B" hereto
("Grantees' Property"), an easement over that portion of the Grantors' Property described on
Exhibit "C" hereto (the "Easement Area"), subject to the following terms and conditions (the .
"Easement"):
1. The Easement shall be for ingress and egress by the residents of up to five (5)
homes located either now, or in the future, on Grantees' Property. No commercial use of the
Easement is allowed, except for construction traffic in connection with Grantees' development of
Grantees' Property.
2. The Easement shall be nonexclusive.
3. The Easement shall be appurtenant to Grantees' Property.
4. The owner of the Grantees' Property shall be responsible for improvement,
maintenance and repair of the Easement. The Grantors will have no responsibility for
improvement, maintenance and repair of the Easement.
F1ne6nThomc102\Docs\Easemen1 05-11-06.doc
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5. The owner of Grantees' Property shall indemnify, defend and hold harmless the
owner of the Grantor's Property for any claims,.damages, injuries,.liabilities and expenses of any
kind related to the Easement, except to the extent caused by the gross negligence or willful
misconduct of the Grantors.
6. This.Easement shall expire automatically on the date which is five (5) years from
the date on which this Easement is recorded in the Official Records of San Luis Obispo County,
California. Promptly upon expiration of this ,Easement, the parties shall take such action as
necessary to cause that certain Quitclaim Deed executed by Grantors and held by the City of San
Luis Obispo to be recorded in accordance with the parties' unrecorded Agreement dated May 1,
2006.
IN WITNESS WHEREOF, this Easement is hereby executed by the said Grantors on the
date last written below.
"GRANTORS"
Clarence W. Thoma, Trustee of the Clarence
W. Thoma Family Revocable Trust under
Declaration dated August 12, 1992
Dated:
Pearl M. Thoma, Trustee of the Clarence W.
Thoma Family Revocable Trust under
Declaration dated August 12, 1992
Dated:
F:\net\T\Thomc102\Docs\Easement 05-1 1-06.doc
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California
County of
On before me, (here insert name
and title of the officer), personally appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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.
Signature
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California
County of
On before me, (here insert name
and title of the officer), personally appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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.
Signature
F:\net\T\Thomc102\Docs\Easement 05-11-06.doc
EXHIBIT "A"
LEGAL DESCRIPTION OF
GRANTOR'S PROPERTY
Lot 13 in Block 43 of Phillips Addition to the City of San Luis Obispo, in the City of San Luis
Obispo, County of San.Luis Obispo, State of California, according to map filed for record,
August 27, 1902, in Book A, at Page 162 of Maps, in the office of the County Recorder of said
County, along with that certain portion of Dana Avenue in the City of San Luis Obispo, County
of San Luis Obispo, State of California, as abandoned per Resolution No. 2472, recorded July
25, 1973 in Volume 1736 at page 37 of Official Records in the office of the County Recorder of
said County, which title would pass to the owner of the above described lot as a result of the
abandonment.
APN: 052-124-016
F:\ne(TnThomcl02\Docs\Easement 05-1 1-06.doc
EXHIBIT "B"
LEGAL DESCRIPTION OF
GRANTEE'S PROPERTY
The Southwest quarter of the Southwest quarter of Section 24, in Township 30 South of Range
12 East, Mount Diablo Base and Meridian, according to the official plat of the survey of said
Lands approved by the Surveyor General on November 30, 1867.
EXCEPT THEREFROM all that part thereof known as Monterey Heights according to the map
of said Monterey Heights recorded September 23, 1925 in Book 3, at Page 66 of Maps.
ALSO EXCEPT THEREFROM the parcel of land as described in deed to J.F. Faulstich and Eva
Faulstich, and recorded July 2, 1928, in Book 53, at Page 368 of Official Records.
ALSO EXCEPT THEREFROM the parcel of land as described in deed to May R. Maino, and
recorded May 1, 1930 in Book 85, at Page 409 of Official Records..
ALSO EXCEPT THEREFROM that portion described in deed to John Snetsinger recorded
March 14, 1974 in Book 1769,at Page 240 of Official Records.
APN: 052-27.1-010
F:\net\T\Thomc102\Docs\Easement 05-11-06.doc ( nh
EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT
That portion of Dana Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State
of California, as abandoned per Resolution No. 2472 recorded July 25, 1973 in Volume 1736 at
Page 37 of Official Records in the office of the County Recorder of said County, more
particularly described as follows:
An eighteen (18) foot wide strip of land lying northerly of and adjacent to the easterly
prolongation of the centerline of Hays Street, a sixty (60) foot wide road according to the Map of
That Portion of the Phillips Addition to the City of San Luis Obispo, filed in Book A, Page 162
of Maps, records of said County, said strip being bounded on the east by the Easterly Boundary
of said Phillips Addition to the City of San Luis Obispo, and bounded on the west by the
Westerly right of way line of said Dana Avenue (now abandoned), a seventy(70) foot wide road
as shown on said map.
The above described parcel is graphically shown on Exhibit C-2 attached hereto and made a part
hereof.
Subject to covenants, conditions, reservations, restrictions,
rights of way and easements, if any, of record.
Linda M. Richardson, P.L.S. 6904 (exp. 6/2007)
F:�let\l-\Thomc102\Docs\Easement 05-11-06.doc
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EXHIBIT "C-2"
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AND EGRESS EASEMENT
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GRAPHIC SCALE
design 50 0 50 100
professionals
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1 inch =50 It.
civil engineeFs . land surveyors . land planners
1998 santa barbara st. san luis obispo, ca 93401 EASEMENT EXHIBIT C-2
ph: 8051549-8658 •email: eda@edainc.com
JOB N0. 2.3396.000
SETTLEMENT AGREEML 4T
AND FULL MUTUAL RELEASE
EXHIBIT "B"
QUITCLAIM
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
QUITCLAIM DEED
DOCUMENTARY TRANSFER TAX: Nil
_Computed on the consideration or value of property conveyed; OR
_Computed on the consideration or value less liens or encumbrances remaining at time of sale.
Unincorporated area; _2L_City of_San Luis Obispo and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CLARENCE W. THOMA and PEARL M. THOMA, Trustee of the Clarence W. Thoma Family
Revocable Trust under Declaration dated August 12, 1992, hereby release, remise and forever
quitclaim to THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation, all their
right, title and interest in and to the real property situated in the City of.San Luis Obispo, County
of San Luis Obispo, State of California, described on Exhibit "A" hereto:
"GRANTORS"
Clarence W. Thoma, Trustee of the Clarence
W. Thoma Family Revocable Trust under
Declaration dated August 12, 1992
Dated:
Pearl M. Thoma, Trustee of the Clarence W.
Thoma Family Revocable Trust under
Declaration dated August 12, 1992.
Dated:
F:\net\T\Thomc102\Docs\Quitclaim 05-1 1-06.doc
C� � I
r
CERTIFICATE OF ACKNOWLEDGMENT OF.NOTARY PUBLIC
State of California
County of
On before me, (here insert name
and title of the officer), personally appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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.
Signature
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California
County of
On before me, (here insert name
and title of the officer), personally appeared personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) 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.
Signature
F:\net\'RThomc102\Docs\Quitclaim 05-11-06.doc
C-1 c �
EXHIBIT "A"
LEGAL DESCRIPTION.
That portion of Dana Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State
of California, as abandoned per Resolution No. 2472 recorded July 25, 1973 in Volume 1736 at
Page 37 of Official Records in the office of the County Recorder of said County, more
particularly described as follows:
An eighteen (18) foot wide strip of land lying northerly of and adjacent to the easterly
prolongation of the centerline of Hays Street, a sixty(60) foot wide road according to the Map of
That Portion of the Phillips Addition to the City of San Luis Obispo, filed in Book A, Page 162
of Maps, records of said County, said strip being bounded on the east by the Easterly Boundary
of said Phillips Addition to the City of San Luis Obispo, and bounded on the west by the
Westerly right of way line of said Dana Avenue (now abandoned), a seventy(70) foot wide road
as shown on said map.
The above described parcel is graphically shown on Exhibit C-2 attached hereto and made a part
hereof.
Subject to covenants, conditions, reservations, restrictions,
rights of way and easements, if any, of record.
Linda M. Richardson, P.L.S. 6904(exp. 6/2007)
F:\net\RThomcl02\Docs\Quitclaim 05-I 1-06.doc
Com- 19
EXHIBIT "A-2"
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16 I5 14 13. celW m _0oNW l
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BLOCK 43 QI> � ° Q >
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A NIB 162 W4 W I
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18'PRIVATE INGRESS
AND EGRESS EASEMENT
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CENTERLINE o r>
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HAYS STREET Co w
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BLOCK 42 I z
I �
'10 1 .1 12 13 I 70'
GRAPHIC SCALE
design 50 0 50 100
professionals
Arm ( IN FEET
1 .inch =50 ft.
civil engineers . land surveyors •land planners
1998 santa barbara st • san luis obispo, ca 93401 EXHIBIT A-2
ph: 805/549-8658 . email: eda@edainc.com
JOB NO. 2.3396.000
CS-�
ATTz--XHMENT 4
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
APN: 052-124-016,052-271-010 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
EASEMENT GRANT DEED
The undersigned Grantor declares:
DOCUMENTARY TRANSFER TAX:
X Computed.on the consideration or value of property conveyed;OR
Computed on the consideration or value less liens or encumbrances remaining at time of sale.
Unincorporated area;
_X__City of San Luis Obispo,and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CLARENCE W. THOMA and PEARL M. THOMA, Trustee of the Clarence W. Thoma Family
Revocable Trust under Declaration dated August 12, 1992 (collectively, the "Grantors") as
owners of certain real property described on Exhibit "A hereto ("Grantors' Property"), hereby
GRANT to DON STIMSON and BARBARA STIMSON, husband and wife, (collectively,
"Grantees"), as the owners certain other real property described on Exhibit "B" hereto
("Grantees' Property"), an easement over that portion of the Grantors' Property described on
Exhibit "C" hereto (the "Easement Area"), subject to the following terms and conditions (the .
"Easement"):
1. The Easement shall be for ingress and egress by the residents of up to five (5)
homes located either now, or in the future, on Grantees' Property. No commercial use of the
Easement is allowed, except for construction traffic in connection with Grantees' development of
Grantees' Property.
2. The Easement shall be nonexclusive.
3. The Easement shall be appurtenant to Grantees' Property.
4. The owner of the Grantees' Property shall be responsible for improvement,
maintenance and repair of the Easement. The Grantors will have no responsibility for
improvement;,maintenance and repair of the Easement.
1'i\net\-RThomc102`.Docs\Easement 05-11-06.doc
5. The owner of Grantees' Property shall indemnify, defend and hold harmless the
owner of the Grantor's Property for any claims, damages, injuries, liabilities and expenses of any
kind related to the Eascmcnt, except to the extent caused by the gross negligence or willful
misconduct of the Grantors.
6. This Easement shall expire automatically on the date which is five (5) years from
the date on which this Easement is recorded in the Official Records of San Luis Obispo County,
Calif6mia. Promptly upon expiration of this Easement, the parties shall take such action as
necessary to cause that certain Quitclaim Deed executed by Grantors and held by the City of San
Luis Obispo to be recorded in accordance with the parties' unrecorded Agreement dated May 1,
2006.
IN WITNESS WHEREOF, this Easement is hereby executed by the said Grantors on the
date last written below.
"GRANTORS"
2t). q
Clarence W. Thoma, Trustee of the Clarence
W. Thoma Family Revocable Trust under
Declaration dattedAugust 12, 1992
Dated: � -.,/7�D
� �c a, >
Pearl M. Thoma, Trustee of the Clarence W.
Thoma Family Revocable Trust under
Declaration dated August 12, 1992
Dated: j� 4-zl7 06
F:tnet\1'fl homc102\Docs\Easement 05-11-06.doc
i
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California
County of
On S-1-7 -o6 before me,��- � _(he insert name
and title of the officer), personally appeared personally known
to me ( ) to be the person(s) whose nameW
is e subscribed to the within instrument and acknowledged to me that e/ he/they executed the
same in er/their authorized capacity i"f, and that by er/their signature(s') on the
is is
instrument the person(gy, or the entity upon behalf of which the person(sk'acted, executed the
instrument.
WITNESS my hand and official seal. NORMA J. DMDSON
COMM. #1430930 y
NOTARY PUBIC-CALIFORNIA M
a SAN LUIS OBISPO COUNTY
My Comm.Expires AUG.13.2007
Signature U U�r v 4—C: -
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California
County of
On before me, Y �, (here insert name
and title of the officer), personally appeared personally known
to me (up to be the personW whose name(s'j
Dare subscribedto the within instrument and acknowledged to me that he/sh)hey executed the
same in hi er their authorized capacity(*), and that by his/ >e' /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the personw acted, executed the
instrument.
WITNESS my hand and official seal.
NORMA J. DONALDSON
R
COMM. #1430930 >
if NOTARY PUBLIC-CALIFORNIA D
SAN LUIS OBISPO COUNTY
My Comm.Expires AUG.13.2007
Signature
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EXHIBIT "A"
LEGAL DESCRIPTION OF
GRANTOR'S PROPERTY
Lot 13 in Block 43 of Phillips Addition to the City of San Luis Obispo, in the City of San Luis
Obispo, County of San Luis Obispo, State of California, according to map filed for record,
August 27, 1902, in Book A, at Page 162 of Maps, in the office of the County Recorder of said
County, along with that certain portion of Dana Avenue in the City of San Luis Obispo, County
of San Luis Obispo, State of California, as abandoned per Resolution No. 2472, recorded July
25, 1973 in Volume 1736 at page 37 of Official Records in the office of the County Recorder of
said County, which title would pass to the owner of the above described lot as a result of the
abandonment.
APN: 052-124-016
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EXHIBIT `B"
LEGAL DESCRIPTION OF
GRANTEE'S PROPERTY
The Southwest quarter of the Southwest quarter of Section 24, in Township 30 South of Range
12 East, Mount Diablo Base and Meridian, according to the official plat of the survey of said
Lands approved by the Surveyor General on November 30, 1867.
EXCEPT THEREFROM all that part thereof known as Monterey Heights according to the map
of said Monterey Heights recorded September 23, 1925 in,Book 3, at Page 66 of Maps.
ALSO EXCEPT THEREFROM the parcel of land as described in deed to J.F. Faulstich and Eva
Faulstich, and recorded July 2, 1928, in Book 53, at Page 368 of Official Records.
ALSO EXCEPT THEREFROM the parcel of land as described in deed to May R. Maino, and
recorded May 1, 1930 in Book 85, at Page 409 of Official Records.
ALSO EXCEPT THEREFROM that portion described in deed to John Snetsinger recorded
March 14, 1974 in Book 1769, at Page 240 of Official Records.
APN: 052-271-010
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EXHIBIT "C"
LEGAL DESCRIPTION OF EASEMENT
That portion of Dana Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State
of California, as abandoned per Resolution No. 2472 recorded July 25, 1973 in Volume 1736 at
Page 37 of Official Records in the office of the County Recorder of said County, more
particularly described as follows:
An eighteen (18) foot wide strip of land lying northerly of and adjacent to the easterly
prolongation of the centerline of Hays Street, a sixty (60) foot wide road according to the Map of
That Portion of the Phillips Addition to the City of San Luis Obispo, filed in Book A, Page 162
of Maps, records of said County, said strip being bounded on the east by the Easterly Boundary
of said Phillips Addition to the City of San Luis Obispo, and bounded on the west by the
Westerly right of way line of said Dana Avenue (now abandoned), a seventy (70) foot wide road
as shown on said map.
The above described parcel is graphically shown on Exhibit C-2 attached hereto and made a part
hereof.
Subject to covenants, conditions, reservations, restrictions,
rights of way and easements, if any, of record.
C
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6 o
904 s
Lin
Richardson, P.L.S. 6904 (exp. 6/2007)
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EXHIBIT"C-2"
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civil engineers • land surveyors . land planners ®� yy �+ /�
1998 Santa barbara st• san luis obispo, ca 93401 EASEMENT �/i�I�I� �s-2
ph: 8051549-8658 . email: eda@edainc.com
JOB NO. 2.3396.000
► ���'I ATS -WHMENT 5
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY
QUITCLAIM DEED
DOCUMENTARY TRANSFER TAX: Nil
_Computed on the consideration or value of property conveyed; OR
_Computed on the consideration or value less liens or encumbrances remaining at time of sale.
Unincorporated area; X City of San Luis Obispo and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
CLARENCE W. THOMA and PEARL M. THOMA, Trustee of the Clarence W. Thoma Family
Revocable Trust under Declaration dated August 12, 1992, hereby release, remise and forever
quitclaim to THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation, all their
right. title and interest in and to the real property situated in the City of San Luis Obispo, County
of San Luis Obispo, State of California,described on Exhibit "A" hereto:
"GRANTORS"
J �
Clarence W. Thoma, Trustee of the Clarence
W. Thoma Family Revocable Trust under
Declaration dated August 12, 1992
Dated: c� — 17 `D0!5�
Pearl M. Thoma, Trustee of the Clarence W.
Thoma Family Revocable Trust under
Declaration dated August 12; 1992
Dated:
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y
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of Calif9rnia�
County of
On -/7— d b before me,�-'u`"-F-- y�, (here nsert name
and title of the officer), personally appeared �.Q.,44 (�J -personally known
to me ( to be the person(s) whose name(4
S re subscribed to the within instrument and acknowledged to me that®/she/they executed the
same in Ojs er/their authorized capacity(.ias), and that by 6s,/her/their signature(2) 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. NORMA J. DONALDSON
COMM. #1430930 a
Q NOTARY PUBLIC-CALIFORNIA
SAN LUIS OBISPO COUNTY
My Comm.Expires AUG.13,2OOJ
Signature YA-Nj --
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
State of California�p � '''' ,, •• ^^
County of
On 7-o 6 before me, (here insert name
and title of the officer), personally appeared personally known
to me ( k ) to be the person(s'jwhose name(
are subscribed to the within instrument and acknowledged to me that h sh they executed the
same in his/her their authorized capacity(i2s), and that by his/be /their signature( on the
instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the
instrument.
WITNESS my hand and official seal. NORMA J. DONALDSON
COMM. #1430930 a
NOTARY PUBLIC-CALIFORNIA D
SAN LUIS OBISPO COUNTY
My Comm.Expires AUG.13,2007
g -to-�-h-
Si nature +
F:\net\TtThomc102\Docs\Quitclaim 05-11-06.doc r
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EXHIBIT "A"
LEGAL DESCRIPTION
That portion of Dana Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State
of California, as abandoned per Resolution No. 2472 recorded July 25, 1973 in Volume 1736 at
Page 37 of Official Records in the office of the County Recorder of said County, more
particularly described as follows:
An eighteen (18) foot wide strip of land lying northerly of and adjacent to the easterly
prolongation of the centerline of Hays Street, a sixty(60) foot wide road according to the Map of
That Portion of the Phillips Addition to the City of San Luis Obispo, filed in Book A, Page 162
of Maps, records of said County, said strip being bounded on the east by the Easterly Boundary
of said Phillips Addition to the City of San Luis Obispo, and bounded on the west by the
Westerly right of way line of said Dana Avenue (now abandoned), a seventy (70) foot wide road
as shown on said map.
The above described parcel is graphically shown on Exhibit C-2 attached hereto and made a part
hereof.
Subject to covenants, conditions, reservations, restrictions,
rights of way and easements, if any, of record.
�Td �A
dPps�q. M. 6W p/q
-. ,:"�.8
Linda M. chardson, P.L.S. 6904 (exp. 6/2007)
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EXHIBIT "A-2"
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design 50 0 50 100
professionals
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1 inch =50 ft.
civil engineers . land surveyors . land plannees
1998 santa barbara st. san luis obispo, ca 93401 EXHIBIT A-2
ph: 8051549-8658 . email: eda@edainc.com
JOB NO. 2.3396.000
� �3I
Attachment 6
Recording requested by
and when recorded mail to:
City of San Luis Obispo Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A QUITCLAIM DEED FOR AN EASEMENT FOR PUBLIC STREET
AND UTILITY PURPOSES ON HAYS STREET.
WHEREAS, City Council Resolution 2472 (1973 Series) determined that Dana Avenue
was unnecessary for present or prospective public street purposes and abandoned said described
street;and
WHEREAS, the Exhibit attached to Resolution 2472 depicting the Dana Avenue
abandonment represented an abandonment of more that what was created by the Phillips
Addition Subdivision Map, namely a portion of Hays Street; and
WHEREAS, the property owners that abut the contested abandonment have reached an
agreement that will satisfy both property owners as to the eventual disposition of the Hays Street
right of way, specifically that it will once again come under the control of the City of San Luis
Obispo; and
WHEREAS, the City Council will accept a quitclaim deed to an easement for public
street and utility purposes at a point in time five years from the effective date of the agreement
between the property owners.
NOW THEREFORE,BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. This Council hereby accepts the easement for public street and utility
purposes on Hays Street and directs the recording of said Quitclaim Deed at a time five years
from the date of agreement signed by Clarence and Pearl Thoma and Donald and Barbara
Stimson.
SECTION 2. This Resolution replaces Resolution No. 2472 and differs from Resolution
2472 with respect to correcting the legal description of the right of way subject to the easement
for public street and road purposes.
Cs�r 3a
SECTION 3. The City Clerk shall cause a certified copy of this Resolution of
Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San
Luis Obispo County Recorder at a point in time five years from the effective date of the
agreement between the property owners.
On motion of seconded by
and on the following roll call vote,
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this of 2006.
MAYOR David F. Romero
ATTEST:
CITY CLERK Audrey Hooper
APPROVED AS TO FORM:
CITY(A RNEY Jonathan P. Lowell
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