HomeMy WebLinkAbout0372OR DI NCE NO. 372 (1967 Series)
AN ORDINANCE AUTHORIZING THE SALE
OF PROPERTY TO THE STATE OF CALIFORNIA
FOR HIGHV%°IAY PURPOSES AND THE GRANTING
OF A TEMPORARY EASEMENT OVER CITY PRO-
PERTY ADJACENT THERETO
O
BE IT ORDAINED by the Council of the City of San Luis Obispo that:
SECTION 1. That certain Right of Way Contract between the State of California,
Department of Public Glorks, Division of Highways, and the City of San Luis Obispo, covering
Parcels No. 1630 and 1630 -1 on the map attached to said Agreement entitled "Route 101 to
MJ_einecke Avenue, " is hereby approved and the transfer of the property interests described
therein and the execution of appropriate instruments of conveyance is hereby authorized, in
consideration of the payment by the State of California to the City of San Luis Obispo of the
sum of $10,861.00 for the interests so transferred.
SECTION 2. The Mayor of the City of San Luis Obispo be and he is hereby authorized
and directed to execute said r6dght of "Nay Contract, together with any and all documents in-
volved in said transfer, including the grant of a temporary easement over City property
adjacent to the parcel being acquired by the State of California for highway purposes.
SECTION 3. This Ordinance, together with the ayes and noes, shall be published
once in full, at least three days before its final passage, in the Telegram- Tribune, a news-
paper published and circulated in said City, and the same shall take effect at the expiration
of thirty (30) days after its said final passage.
INTRODUCED AND PASSED TO PRINT by the City Council of the City of San Luis
Obispo at a Regular Meeting held thereof on the 1st day of May, 1967, on motion of Council-
man Gallagher, seconded by Councilman Miller, and on the following roll call vote:
AYES: Councilmen Blake, Gallagher, Miller, Spring, and Mayor Whelchel
NOES: None
ABSENT: None
10W
ATTEST:
FINALLY PASSED this 15th day of May , 19 67 ,
by the following roll call vote:
ATTEST:
AYES: Councilmen Blake, Gallagher, Spring, Miller and
Mayor Whelchel
NOES: Councilmen None
ABSENT: Councilmen None
•r
( EGG& ` /I
MAYOR
-------- - - - - -- ---------------------- - - - - -- -Cali ua
19
Grantor
FORM R /W2
DIST.
COUNTY
RTE.
P.'h.
R/W E. A.
05
SW
001
. . '.
059509
RIGHT OF WAY CONTRACT — STATE HIGHWAY
Document No -------- - '----------- - - - -in the form of a ---------- 0 —Pd_ - - ---- e -------------------------------- - - - - --
covering the property particularly described therein has been executed and delivered to--- _-..____________ ___ ___ __
__• ____Right of Way Agent for the State of California.
In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed
as follows:
1. The parties have herein set forth the wk�y,p,le of their agreement. The performance of this agree-
ment constitutes the entire consideration b id document and shall relieve the State of all further
obligation or claims on this account, or�on account of the location, grade or construction of the
proposed public improvement. N-11�
-,.
2. The State shall:
(A) Pay the undersigned grantor (s)"tle sum of $_ 1* 1 . _ _______for the property or interest
conveyed by above document (s) when title to said property vests in the State free and
clear of all liens, encumbrances, assessments, easements and leases (recorded and /or un-
recorded) �j and taxes, except:
a. Taxes for the fiscal ``year in which this escrow closes which shall be cleared and paid in
the manner required �by_,Section 4986 of the Revenue and Taxation Code, if unpaid at
the close of escrow.
b. Covenants, conditions, restrictions and reservations of record, or contained in the above
referenced document. -
c. Easements or rights o�way over said land for public or quasi - public utility or public
street purposes, if any.
4. AAaaammt for p0 .i0 utjjL .jwjX $hcMM upon. or defile tt by
the P of Tract So. 34 in the City of Son L- js MjW.
FORM HR /W -2D
( RENTAL PRORATION)
(B) Pay all escrow and recording fees incurred in this transaction, and, if title insurance is
desired by the State, the premium charged therefor. Said escrow and recording charges
shall not, however, include reconveyance fees, trustee's fees, or forwarding fees for any
full reconveyance of deed of trust or full release of mortgage; nor shall said charges
include federal documentary stamp tax.
The State is hereby authorized to deduct from the payment shown in Paragraph 2(A)
above an amount necessary to purchase federal documentary stamps in applicable amounts,
and to affix same to the document referred to in Clause 2(A) above.
(C) Have the authority to deduct and pay from the amount shown in Clause 2 (A) above, any
amount necessary to satisfy any delinquent taxes due in any fiscal year except the fiscal
year in which this escrow closes, together with penalties and interest thereon, and /or
delinquent or nondelinquent assessments or bonds except those which title is to be taken
subject to in accordance with the terms of this contract.
3. Any or all moneys payable under this contract, up to and including the total amount of unpaid
principal and interest on note (s) secured by mortgage (s) or deed (s) of trust, if any, together with
penalty (if any) for payment in full in advance of maturity, and all other amounts due and payable
in accordance with the terms and conditions of said trust deed (s) or mortgage (s) shall, upon
demand (s) be made payable to the mortgagee (s) or beneficiary (s) entitled thereunder; said
mortgagee (s) or beneficiary (s) to furnish grantor with good and sufficient receipt showing said
moneys credited against the indebtedness secured by said mortgage (s) or deed (s) of trust.
4. The grantor (s) shall retain possession of the property conveyed up to and including the date
of recording of the deed conveying title to State upon compliance by the grantor (s) with the con-
ditions of this contract. All rents collected by grantor (s) applicable to any period thereafter shall
be paid to the State. Either party hereto collecting rents to which the other party is entitled shall
forthwith pay such amount to the other as is necessary to comply with the provisions of this clause.
5. Grantor (s) warrant (s) that there are no oral or written leases on all or any portion of the
property exceeding a period of one month, and the grantor (s) further agree (s) to hold the State
harmless and reimburse the State for any and all of its losses and expenses occasioned by reason of
any lease of said property held by any tenant of grantor (s) for a period exceeding one month.
6. The undersigned grantor (s) hereby agrees) and consents) to the dismissal of any eminent
domain action in the Superior Court wherein the herein described land is included and also waive (s)
any and all claims to any money that may now be on deposit in said action.
E9T. 6980. 60896 -600 12 -66 10M Q OSP
7. The State shall at no expense to grantors and at -.ne time of construction,
construct a. concrete sidewalk and curb, eight (8) feet in width, between
Right of Engineer's Station 14+09 and Right of Engineer's Station 17 -55,
Department of Public Works Survey between Route 101 and Meinecke Avenue
in the City of San Luis Obispo.
It is understood and agreed that upon completion of work of construction
of the curb and sidewalk above mentioned, said improvements shall be
considered as encroachments under permit upon the State highway and are to
be maintained, repaired and operated as such by grantors in accordance
with and subject to the ordinances of the City of San Luis Obispo, the
laws of the State of California,, and the rules and regulations of the
Division of Highways, Department of Public Works of said State.
Permission is hereby granted the State or its authorized agent to
enter upon grantors' land as shown in red hatching and identified as
Parcel No. 1630 -1 for the purposes of constructing a. public highway,
and accomplishing all necessary incidents thereto, over and across a
portion of the property outlined in red and identified as Parcel 1630
on said map.
Permission is also hereby granted the State or its authorized agent
to enter upon the grantors' land adjacent to that property outlined in
red and identified as Parcel No. 1630 on said map for the purpose of
installing forms pertinent to and the constructing of the sidewalk
described in Clause 7 of this contract.
9. All work done under this agreement shall conform to all applicable
building, fire and sanitary laws, ordinances, and regulations relating
to such work, and shall be done in a good and workmanlike manner. All
structures, improvements or other facilities, when removed, and relocated,
or reconstructed by the State, shall be left in as good condition as found.
10. It is understood and agreed by and between the parties hereto that
payment in Clause 2A above includes but is not limited to payment for the
chain link fence, the lawn, the shrubs and trees which are considered to
be part of the realty and are being acquired by the State in this transaction.
11. It is understood and agreed by and between the parties hereto that
included in the amount payable under Clause 2A herein is payment in full
to compensate grantor for the expense in performing the following work:
Relocate rustic.park sign.
12. Until such time as the State elects to take possession of any or all
of the property acquired herein, the grantor shall have the use and enjoyment
of its surface in the same manner as now used, except that in no event shall
any advertising sign of any nature whatsoever be placed upon or allowed to
remain on the property. Grantor agrees to keep the premises in a neat and
clean condition.
The grantor agrees that no improvements other than those already on
said property, shall be placed thereon; and the planting of any crops,
trees, or shrubs, or alterations, repairs, or additions to existing improve-
ments which may hereafter be placed thereon are at grantor's risk and
without expectation of damages in the event of removal by the State.
13. This transaction will be handled through an escrow with Title Insurance
and Trust Company of San Luis Obispo, their No. 89921.
3.
• rt ,
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above Written.
Cy
---------------------------------------------- — -------------------------------
G� Grantor---- -
Recommended for Approval: STATE OF CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
B y-------------------------------------------------------------------- - - -- -- DIVISION OF HIGHWAYS
Right of Way Agent
By
By
Supervising Right of Way Agent
District Engineer
No Obligation Other Than Those Set Forth Herein Will Be Recognized
EST. 4437. 90988 -000 12 -04 10M SEXT ® OSP
GRANT DEED
(CORPORATION)
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DISTRICT
COUNTY
ROUTE
SECTION NUMBER
05
SLO
001
16.8/17. 1630,-
Sta. 14 +20+ to Sta. 17 +80+
a corporation organized and existing under and by virtue of the laws of the State
does hereby GRANT to the STATE OF CALIFORNIA all that real property in the---------------- -- - - -.
-------------------------------- - ---------------------- , County of -- San Luis - Obispo - - - - --
That part of the portion of Block 82 of the
in the City of San Luis Obispo, County of San
on the map filed in Book A, page 168 of Maps,
and that portion of Lot 9 in Block 1 of Tract
County as delineated on the map filed in Book
of said County, described as follows:
---- ---------- State of California, described as:
City of San Luis Obispo,
Luis Obispo, as delineated
records of said County;
No. 34 in said City and
5, page 55 of Maps, records
Beginning at the southerly corner of said Block 82; thence (1) along
the southwesterly line of last said Block N. 34° 13' 45" W., 361.98 feet
to the most southerly corner of the parcel of land conveyed to Thomas E.
Baumberger, et ux., by deed recorded August 17, 1965 in Volume 1362,
page 742 of Official Records, records of said County; thence (2) along
the southerly line of said parcel of land N. 270 08' 15" E., 31.35 feet;
thence (3) S. 32° 18' 10" E., 46.84 feet; thence (4) S. 57° 41' 50" W.,
FORM RW -7 (REV. 4.60)
EST. 8846. 94954 1-61 20M ® -S%'0
7.00 feet; thence (5) S. 320 18' 10" E., 263.32 feet; thence (6)
S. 34° 12' 43" E.,'67.26 feet to an intersection with the south-
easterly line of said Block 82; thence (7) along said southeasterly
line S. 550 46' 15" W., 10.07 feet to the point of beginning.
AND ALSO a temporary easement for the purpose of constructing
a bridge over and across a portion of said Block 82, described as
follows:
Beginning at the northeasterly terminus of course numbered (2)
above; thence along the northeasterly prolongation of the north-
westerly line of said portion of Block 82 described above; (a)
N. 270 08' 15" E., 11.59 feet; thence (b) S. 320 18' 10" E.,
62.74 feet; thence (c) S. 570 41' 50" W., 17.00 feet to an inter-
section with course numbered (5) above; thence along said course
(5), (d) N. 320 18' 10" W., 10.00 feet; thence (e) N. 57° 41' 50" E.,
7.00 feet; thence (f) N. 320 18' 10" W., 46.84 feet to the point
of beginning.
Said temporary easement shall cease and terminate upon completion
of construction of State highway 05 -SLO -001 PM 16.8/17.2, or in
any event not later than September 1, 1969.
Bearings and distances used herein are based on the California
Coordinate System, Zone 5; multiply distances called by 1.0000521
to obtain ground level distances.
The grantor further understands that the present intention of the grantee is to construct and maintain a public highway
on the lands hereby conveyed in fee and the grantor, for itself, its'successors and assigns, hereby waives any claims for any
and all damages to grantor's remaining property contiguous to the property hereby conveyed by reason of the location,-
construction, landscaping or maintenance of said highway.
IN tt"tTNESS WHEREOF, said corporation has caused its corporate name to be hereunto subscribed and its corporate seal
to be affixed hereto, this — ---- _ -------- — --------- day
19----- - - - - --
BY ` _— «_'_ ----------- - - - - -- C ity C l erk� �
[CORPORATE SEAL]
r f f
STATE OF CALIFORNIA
ss.
- - - -- County of - - -- – — -- - --
On this----.------day of____ 1 before me, the undersigned, a Notary Public
in and for said __Counry, personally
known to me to be
known to me to be the------------------------------- - - - - -- ------------- Secretary---------------------- - - - - --
of the corporation described in and .that executed the within instrument, and also known to me to be the person________ who
executed it on behalf of the corporation therein named, and -------- he-------- acknowledged to me that such corporation
executed the within instrument pursuant to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
(Seal)
Name (Typed or Printed)
Notary Public in and for Said County and State
(CERTIFICATE OF ACCEPTANCE, GOVT. CODE, SECTION 27281)
THis Is To CERTIFY, That the State of California, grantee herein, acting by and through the Department of Public Works,
Division of Highways, hereby accepts for public purposes the real property, or interest therein, conveyed by the within
deed and consents to the recordation thereof.
IN WITNESS WHEREOF, I have hereunto set my hand this -------------------- day of ----- - ----------------------------
By
Director of Public Works
Attorney in Fact
NOW,