HomeMy WebLinkAboutD - 2000 APN 002-411-002 Recorded 07-22-2015RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Attn: City Attorney
990 Palm Street
San Luis Obispo, CA 93401
APNs: 002-411-002
TOMMY GONG
San Luis Obispo County—Clerk/Recorder
Recorded at the request of
Public
DOC#: 2015037101
AZ
7/22/2015
9:21 AM
Titles: 2
Pages: 11
Fees
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Taxes
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PAID
$0.00
Exempt from RecordingFees
ees _
Public aaencv — Gov. Code § 6103
SETTLEMENT AGREEMENT &
MUTUAL RELEASE
This Settlement Agreement and Mutual Release ("Agreement") is made this first
day of June, 2015 (the "Effective Date"), by and between the City of San Luis Obispo, a
municipal corporation and charter city (the "City"), the Diocese of Monterey Parish &
School Operating Corporation, a California Religious Corporation ("Diocese") and
Mission College Preparatory, an operating entity of the Diocese of Monterey Parish &
School Operating Corporation ("MCP").
RECITALS
WHEREAS, the Diocese owns certain real property located at 682 Palm Street, San Luis
Obispo, California consisting of a high school and adjacent athletic field (the "MCP
Property").
See Exhibit "A" attached hereto and incorporated herein
The Diocese operates a private school on the MCP Property;
WHEREAS, on January 25, 1913, the Archdiocese of Monterey and Los Angeles,
predecessor in interest to the Diocese, executed a Deed (the "Deed") selling to the City
certain real property immediately adjacent to the MCP Property and legally described as
follows:
Lot One (1) of Block Sixty Three (63) of the Old Mission Orchard and
Higuera Tracts according to a Map of said Tracts on file in the office of
the County Recorder of San Luis Obispo County, State of California
1
A copy of the Deed is attached hereto as Exhibit "B" and incorporated herein by this
reference;
WHEREAS, the Deed includes the following language;
This deed is made upon the condition that said party of the second part
[City] shall furnish, free of charge, for all time, a continuous and
sufficient supply of water from its water mains to the Convent of the
Immaculate Heart of Mary at its present location in said city, and that
each month ten thousand (10, 000) cubic feet of such water shall be
furnished the said Convent free of charge; provided, however, that no
water shall be willfully wasted, and all water used during any one
calendar month in excess of ten thousand cubic feet shall be charged for
at the regular meter rate now or hereafter in force in said city.
Should the party of the second part [City] at any time refuse to supply
such water as hereinbefore provided for, it having the ability so to do,
then this instrument shall become void and of no effect and the property
herein described shall revert to the party of the first part [Diocese], its
successor or assigns.
WHEREAS, the City and the Diocese dispute the interpretation and the parties'
obligations under the Deed (the "Deed Dispute"). Specifically, City asserts that its
obligation to provide the Diocese with 10,000 cubic feet (100 units) of water per month
as part of the consideration for the sale of the property adjacent to MCP pursuant to the
Deed was personal to the Convent of Immaculate Heart of Mary (the "Convent") and that
obligation extinguished in 1926 when the Convent ceased operation. The Diocese asserts
that the City's obligation to provide 100 units of as the consideration for sale of the
property adjacent to MCP under the Deed runs with the land and is perpetual in nature
and that the City has the duty to furnish such water to MCP under such terms and
conditions;
WHEREAS, the City and the Diocese have a separate but related dispute regarding the
Diocese's obligation to pay for water consumed by MCP (the "Water Bill Dispute").
Specifically, the City asserts that the Diocese owes the City approximately $100,841 for
three years' worth of "back bills." The Diocese asserts that it is not obligated to pay for
such back charges because the City never billed the Diocese for such water use and that
the City was aware of this issue; and
WHEREAS, by this Agreement, the City and the Diocese desire to avoid litigation and
forever resolve the Deed Dispute and Water Bill Dispute.
2
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, City and Diocese agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
2. Resolution of Disputes. City and the Diocese hereby agree as follows:
a. The Deed. The City hereby agrees to provide the Diocese with 100 units of water
to MCP and the MCP Property per month without charge until June 1, 2017. The
billing and delivery of such water shall be consistent with current practice and the
Diocese acknowledges that it is obligated to pay for all water consumed on the
MCP property in excess of 100 units per month. The Diocese acknowledges that it
is obligated to comply with all City rules and regulations regarding water
conservation and the use of water. City and the Diocese agree that after June 1,
2017, the Diocese will be obligated to pay for any and all water consumed on
MCP's property. The Diocese hereby acknowledges and agrees that except as
expressly provided herein, City shall have no continuing or further obligation to
provide the Diocese with 100 units water under the Deed.
b. Water Bills. City hereby waives any and all charges for any water consumed on
the MCP property on or before September 1, 2014.
2. Release: In consideration of the above, City, the Diocese, and MCP, on behalf of
themselves, their heirs, predecessors, successors, employees, agents, representatives and
assigns, hereby release and forever discharge each other from any and all claims, causes
of action, actions, damages, losses, demands, accounts, reckonings, rights, debts,
liabilities, obligations, disputes, controversies, payments, costs and attorney's fees,
known or unknown relating to any matter related to the Deed, the Deed Dispute and the
Water Bill Dispute.
3. Waiver of California Civil Code section 1542. City, Diocese and MCP, on behalf
of themselves, their attorneys, heirs, predecessors, successors, and assigns, expressly
3
waive the benefit of section 1542 of the California Civil Code with respect to all claims
that arise from or relate to any allegations asserted in the Deed Dispute and Water Bill
Dispute. Furthermore, the parties, on behalf of themselves, their heirs, predecessors,
successors, and assigns, understand and acknowledge the significance and consequences
of their specific waivers of section 1542 of the California Civil Code which provides as
follows:
A general release does not extend to claims which the creditor
does not know or suspect to exist in his or her favor at the time
of executing the release, which if known by him or her must
have materially affected his or her settlement with the debtor.
4. Full Authority. The parties represent and warrant that each has the full right,
power, legal capacity, and authority to enter into and perform the obligations hereunder
and that such obligations shall be binding upon each of them without the requirement of
the approval or consent of any other person or entity in connection herewith.
5. Severability. If any word, phrase, clause, sentence, provision or paragraph of this
Agreement is or shall be held to be invalid or unlawful for any reason, the same shall be
deemed severed from the remainder hereof, and stricken therefrom, and shall in no way
affect or impair the validity of this Agreement or any other portion thereof, and this
Agreement shall otherwise remain in full force and effect.
6. Applicable Law. This Agreement shall, in all respects, be governed by the laws
of the State of California applicable to agreements executed and to be wholly performed
within California.
7. Further Assurances. The parties shall execute and deliver any and all additional
papers, documents, or other assurances and shall do any and all acts and things
reasonably necessary in connection with the performance of the obligations hereunder to
carry out the intent of the parties hereto.
8. Successors and Assigns. All of the perms and provisions contained herein shall
inure to the benefit of and shall be binding upon Diocese's assigns and the successors in
interest to the MCP property.
9. Entire Agreement. This Agreement constitutes the entire understanding and
agreement with respect to the subject matter and any and all prior agreements,
understandings, and representations with respect to its subject matter are hereby
terminated and canceled in their entirety and are of no further force or effect.
0
10. Nonwaiver. No waiver of a breach of any provision of this Agreement shall
constitute a waiver of any preceding or succeeding breach of the same or any other
provision hereof.
11. LegalRepresentation. The parties represent and warrant that each has been fully
advised by its attorneys concerning its rights and has been further fully advised by its
attorneys as to the terms of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the first date
above.
CITY OF SAN LUIS OBISPO DIOCESE OF MONTEREY PARISH &
SCHOOL OPERATING CORPORATION
AND ITS OPERATING ENTITY,
MISSION COLLEGE PREPARATORY
City Attorney
Date: —720/15
By: Thomas H. Riordan
Its: Finance Officer
Date: (" `� ' 16
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of Caiifomi
County of
On y, R -�_ . f i 4T before me, ,
Date Here Insert Nary and T7tle oV the Officer
personally appeared h� 1 1' 1 Q r
Name(s) of Signers)
who 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.
ROSIE MURRAY
Commission # 2079782 a
► Notary Public - California
Monterey County
Conan. Expires Aug28, 2018
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official sea(.
Signature
Signature bf Notary Pu clic
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages: Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02014 National Notary Association - www.NationaiNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
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LEGAL DESCRIY iwS
MISSION SCHOOLS
Parcel l;
All of Block 36, in the City of San Luis. Obispo, County of San Luis Obispo, State of California,
according to the official map entitled, 'plop of the Town of San Luis Obispo", surveyed by R.R.
Harris and FLC_ Ward in 1870, as Wed in Book "A", Page 168 of Maps in the office of the
Recorder for said County;
also;
All of Lots 5, 6, 7, 16, 17, and 18 in Block 63, in the City of San Luis Obispo, County of San
Luis Obispo, State of California, according to the official map entitled, Map of the old Mission
Orchard and Higuera Tracts", subdivided by H.C. Ward in 1830, as filed in Book 'B", Page 37
of Maps in the office of the Recorder for said County;
also;
All of the lands within the Mill Street right-of-way lying between the easterly boundary the
Nipomo Street and Peach Street right-of-way to the westerly boundary of the Broad Street right-
of-way as shown according to the official map entitled, "TRACT NO. 322, Mission Gardens",
prepared by Garing, Taylor & Associates, Inc. in 1974, as fled in Book 8, Page 60 of Maps in
the office of the Recorder for said County;
Excepting;
That 18.00 foot wide strip ofland lying within said Mill Street right-of-way, lying adjacent to and
measured at a right angle to the southeasterly boundary ofsaid Lot "A" of?ract 522, between the
easterly boundary of the Peach Street right-of-way to the southeasterly prolongation of the
northeasterly boundary of said Lot "A", according to said official map of said Tract.
END DESCRIPTIO. !
Pre ared b
Lxaniel S. Hutchinson, PLS 5139 (license expires 6130195).
Date: /94
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9404111Parcel l.doc
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Exhibit "B" Page 1
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CITY 0:` SZ- LUIw O:�i.1 0.
Dated, ,;ar:;ta2•;,� 2S�i., 1�1�.
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6th ,
1Y . 1913 l7
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Exhibit "B" Page 1
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THIS 11•IDEITfURE, mado tide 25th day of January, A. ll. lvi;i.
between Tllr ROIJAi CAT11OLIC DISHOP,OF MO11TERI:Y A11D LOS ANCF.LES. a cor-
poration hole, the partyofthe first part, and THE CITY OF SAM LUIS
OBISI10, a Fminici pal corporation, in the County of Sen Luis Obispo,
State of California, the party of the second pari,
WITIIESSETU: That the said party of the first part,- for and
in consideration of the sura of ton (10) dollars, lawful money of the
United States of Arm-ri cit, to It in hand paid by the said party of the
second part, the receipt whereof is hereby oicknowledCed, has granted,;
barCeLined and sold, conveyed and eonfirmed. and by these presents does
grant, bargain and sell, convey and conflrv►, unto Lie raid Darty of the
second I+art. and to its sttceesedrs and assi rrls forever, all that cer-
tain lot , piece or parcel of land situate. lyinr and beiru- in the City
of San Luis Obispo, Groitnty of San Luis Obispo, State of California, and
bounded nrd particularly described as follows, to -wit:
Lot One (1) of Block Sixty-three (63) of the Old Wasion
Orchard and Iliguora Tracts accordinn to a Map of said Tracts on file in
the office of the County Recorder of San Luis Obispo County, State of
California.
This deed is made upon the condition that said party of the
second part shall furnish, free of charge, for all time, a continuous
and sufficient supply o: dater from it8 water mains to the Convent of
the Ieminaculate Heart of Mary at ite present location in said city, and
that eaeb month ten thousand (10,000) cubic feet of suoh water shall
be furnished the said Concent free of charge; provided. however, that
no water shall be wilfully wasted, and all water used during any one
calendar month in excess of ten thousand cubic feet shall be eharCed
for at the ref-mler =ter rate now or hcreafter in force in said city.
Should the party of the second paLrrt at any time refuse to
eupply such %inter as bereintefore I:rovided for, it having the abiliL-y
so to dc, them thic si w3A I-ecopti, void anit o` no effect and
the property herein deceri l,ed shall revert Lo the party of the first
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Exhibit "B"
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Page 2
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part, its Auccessorr. or •aaeIgns.
TOGETHER rd t1i all and sine, lar the tenements, hereditaments
and appurtenances tli,:raunt•o belonrin, , or in any aiee appertaining,
and the reversion and revereionv. rernninder tiixi remainders, rents,
inntion and profits Wiereof.
TO HAVE ADD TO HOLD all and ninl-ular the said promisee, to-
Petlu-r %,J t:h tlr n.,riirtr�nrincAn, unto the said party of the second part,
and to Its uatccessore and assigns forever.
IN NITIr:,SS 711LEZrOF, the said party of the first part has
hereunto affixed its corporate seal by its Incumbent, the day and
year first hereinbefore written.
TIM r01.VLN CATHOLIC DISHOF 0_` MONTEREY .IIID LOS ANGELES,
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Exhibit "B"
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Incumbent.
Page 3
ATF. Or CAF.irc)RNFA,
Ceawtr of i.e. AnKelea. I a-
Oft W. 4.r of
In the year one thou—nd nine hundre
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................... a Notary Public
and to, aid Tw+. Angel- Cwntfy, re.1ding therein, daly% commi—io"ed and 4worn, permon.11, appeared
011 AIR JAM I'S CONATY. known 49 —. in 1.e the Rn"%. C.molic nwtp wr Monterey and Lot, AnKele., and
be the lmc-11.r111 "f the corpo)rAlln" Dole, that eveculed the within In.irwitc.l, and acknowledged to -c that
..1.1 —1e the asirel mc_
wilneq■ my hand and official meal the day and year deal
above wrlttel.
IF
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N.I—y Pubtte 1w and for aid C—ntj.' ti
IN
Exhibit "B" Page 4
END OF DOCUMENT