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HomeMy WebLinkAbout03/06/1990, C-9 - EXECUTION OF A DEED CONVEYING A 47% INTEREST IN THE LIBRARY TO THE COUNTY AS TENANTS IN COMMON WITH QI�II��R���IBIIIIIIIVIIfI�IIlUlll MEETING SATE: city or san l�.�s osispo 3 -6 - ?() COUNCIL AGENDA REPORT IT?jUM FROM: Jeffrey G. Jorgensen ity Attorney PREPARED BY: Bob Illman SUBJECT: Execution of a deed conveying a 47% interest in the Library to the County as tenants in common with the City of San Luis Obispo. CAO RECOMMENDATION: Move to adopt resolution authorizing the Mayor to sign the deed necessary to convey an undivided forty-seven percent interest in the City-County Library as provided for in the Joint Powers Agreements of April 1, 1986 and October 9, 1989. BACKGROUND: The Council, by Resolution No. 6700, dated October 9, 1989, has approved the Joint Powers Agreement for ownership and operation of the City-County Library. As part of the agreement, it was agreed that the City will convey a 47% interest in the Library to the County. Title will be held as tenants in common. This resolution authorizes the Mayor to execute the deed necessary to effect the conveyance. CONSEQUENCES OF NOT TAKING THE ACTION: The City will not be in compliance with its obligations under the Joint Powers Agreement with the County. FISCAL IMPACT: No significant fiscal impact. Attachments: Proposed Resolution Draft Quitclaim Deed 1 RESOLUTION NO. (1990 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONVEYING A 470 INTEREST IN THE CITY-COUNTY LIBRARY TO THE COUNTY OF SAN LUIS OBISPO WHEREAS, the City Council of the City of San Luis Obispo, by Resolution No. 6700, dated October 9, 1989, approved the Joint Powers Agreement for ownership and operation of the City-County Library, and WHEREAS, as part of said agreement, it was agreed that the City would convey a 47% interest in the City-County Library to the County of San Luis Obispo, NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1 . That the City sign a quitclaim deed to the County of San Luis Obispo (Exhibit "A") , conveying a 47% interest in the City=County Library to the- county of San Luis Obispo. On motion of seconded by and on the following roll call vote: Ayes: Noes: Absent: the foregoing Resolution was passed and adopted this day of 1990. Mayor Ron Dunin ATTEST: City Clerk Pam Voges Resolution No. (1990 Series) Page Two APPROVED: City A ministrative Officer i At or e, Ci Hance Director Community Dev -pment Director 9-3 RECORDING REOUV=D BY• WHEN RECORDED MAIL ^O• CORPORATION QUITCLAIM DEED THE CITY OF SAN LUIS OBISPO, a municipal corporation, for good and valuable consideration, the receipt of which is hereby acknowledged, does hereby remise, release, and Quitclaim to the County of San Luis Obispo forty-seven percent (47%) of all that real property including buildings and associated improvements, located in the City of San Luis Obispo, San Luis Obispo County, State of California, legally described in Exhibit "A" attached hereto and incorporated herein by this reference. It is hereby acknowledged that, pursuant to Resolution No. 6700 adopted by the City of San Luis Obispo on October, 9, 1989, title to said real property shall be vested as follows: The City of San Luis Obispo as to a fifty-three percent (53%) fee interest and the County of San Luis Obispo as to a forty-seven percent (47€) fee interest as tenants-,in-common. Executed on the day of 1990. CITY OF SAN LUIS OBISPO By: Mayor Ron Dunin Attest: Pam Voges, City Clerk ACKNOWLEDGEMENT State of California ) ) ss. County of San Luis Obispo ) On this day of 1990, before me, a notary public in and for the County of San Luis Obispo, State of California, personally appeared Ron Dunin, known to me to be the Mayor of the City of San Luis Obispo of the County of San Luis Obispo, State of California and to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such City of San Luis Obispo, State of California, executed same. By: Notary Public i Exhibit "A" PARCEL 1 ;, That portion of 8 1 0 c k 1E of the City of San Luis Obispo, Ir. the City of San Luis Obispo, In the County of San L u I s 0bIspc, � State of California , as per map recorded Nay 1 , 1878 In 9cc'•. A, Page 168 of Naps, aescrlbed as follows : Beginning at the Intersection of the Northwesterly ilne of MO ra ter ev Street with the Southwesterly line of OsOS Street, as said streets are shorn on Licensed Surveyors Nap recorded March 2.9, 1950 In Book 5. Page 65 of Records Of Surveys, records of said County ; Thence North 36020130" West along said Southwesterly Ilne of Osos Street, a distance of 266 . 28 feet ; thence South 53 °4.41 West 174 ,84 feet ; thence North 35°061 West 37.74 feet to -a 3/4 Inch pipe: being the most Westerly corner of the parcel of Ian? described In the deed to Aileen Newson, a married woman, recorcec July 9 , 1953 In Book 716, P a g a 392 of Official Records, ane the true point of beg Inning ; thence from said true polnt of beginning and along the IInes of the land Ce.scribed In salt deed North 53°361 East, 56 .78 feet to a point, said point being 4 .00 feet West of the existing brick wall ; thence North 36°23'30" West parallel with sa,ld wall , 33 .88 feet to a 3/4 Inch pipe, said pipe being 1 . 50 feet North of the line of the existing brick wall , If said wall were extended Westerly ; thence North 53'391 East parallel a-nd 1 . 50 feet North of said wall, 27 ..93 feet to a two- inch by two- Inch stake ; thence North 36°321 West 5.77 feet to a two-Inch by two- Inch stake; thence North 45009136" East, 7 . 57 feet to a point ; thence North 36"321 west, 49 , 25 feat to a cross chiseled in concrete walk, said cross being on the Northwesterly Ilne of 81ock 18; thence leaving the land described In said deed recorded In Book 716, Page 392 of Official Records, South 530361 West along the Northwesterly 11 me of said Block 18, a distance of 90.05 feet to a point lying North 53 °361 East, 15 feet from the most Westerly line of the 15 foot strip of land allotted by final Judgment of Partition entered In Superior Court, County of San Luls Obispo, Case No. 16421, (a certlfled COPY of sold Judgment being recorded September 7 , 1949 1n Book 533 , Page 582 of Off lclat ROCOrds ) ; thence leaving said North Ilme, South 35°06 ' East parallel with the last mentioned West line a distance of 90 1.e1?t to the true point of beg innimg. assessor Parcel 02-322-19 PARCEL 2: That portion of Block 18 of The City of San Luts Obispo , Ir. the City of San Luis Obispc, In the County 0f San Lul $ ObI5p0, State Of California, as per map recorded gay 1 , 1878 in hoc% .A, Page 168 of maps, in rhe Office of the County Recorder of Said County, described as follew9 ;. 8e9ln6ing at the Intersection of the .Northwesterly Zine of Monterey Street with the Southwesterly Ilne of Osos Street, as said streets are shown on LIconsed Surveyors Map recorded ,`larch 29 , 1950 In Book 5, Page 65 of Records of Surveys, records of said County ; thence North 36 °20130" West along said Southwesterly line of 0 s o s Street, a distance of 206 .28 feet to the true point of beginning; thence from said true Point ofbeginning South 53°44 ' West 174,84 feet ; thence North 35°06 ' West 37,.74 feet to a 3/4 Inch pipe; thence North 53°361 East 56 , 78 feet tc a bolnt, said point being 4 . 00 feet West of the existing brick wail ; thence fortn 36°2313011 West parallel with said wall 33 . 88 feet to a 3/4 Inch pipe, said pipe boln9 1 . 50 feet North 0f rhe Ilne of existing brick wall , If Bald wall were extended Westerly ; thence North 53 ° 39East parallel and 1 . 50 feet North of sale wall 27 , 93 feet to a two- Inch by two- Inch stake ; thence North 36 °321 We s,t 5 . 77 feet 70 a two- Inch Dy two- inch stake ; Thence North, 45.°0913011 East 7 . 57 feet to a point ; thence North 36°321 'west 49 .25 feet t0 a cross Chiselee In concrete walk Bald cbeing cross On the North line of Block 18 ; thence North 53 °361 East along �• said North line 82 . 42 feet more or, less to the Southwesterly line of said Osos Street ; thence South 36020130" East 128 . 14 feet t0 the true point of boginning. .assessor Parcel 02-322-19 �-