HomeMy WebLinkAbout11-07-2016 Pedestrian Easement for Chinatown (M11-014) at 861 Palm - contractcity of
san tins omspo
MEMORANDUM
November 7, 2016
Department of Community Development
919 Palm Street, San Luis Obispo, CA 93401
TO: Shannon Sims, City Manager's Office
FROM: Diane Dostalek, Senior Civil Engineer
783-7704
SUBJECT: Pedestrian Easement for Chinatown (M11-014) at 861 Palm
Attached is a Certificate of Acceptance for the Mayor's signature for a pedestrian easement for
the Hotel SLO project.
The easement is being offered to comply with a requirement from the Public Works Department
that the new sidewalk being built by Hotel SLO connect with the proposed building so there is
no gap in public pedestrian access.
Please have the Mayor sign the attached Certificate of Acceptance (her signature needs to be
attested by City Clerk). Once signed, please return to me for further processing.
E.QUA.: RF
Recording Requested by
CITY OF SAN LUIS OBISPO
When Recorded, Please Return To:
Cit"Ierk- s- Office
City of San Luis Obispo OFFICIAL RECO13DS
P.O. Box 321 SAN LUIS 09tSPOCO., CAL
San Luis Obispo, CA 93406 JUN i
N 1 51984
FRANCIS M. COONEY
RESOLUTION N0. 5370 (1984 Series) MECounty Clerk-Recorder
p : 4 0 PM
A RESOLUTION AUTHORIZING THE MAYOR AND VICE-MAYOR TO ACCEPT
AND CONSENT TO RECORDATION OF DEEDS OR GRANTS TO THE CITY
OF SAN LUIS OBISPO AND RESCINDING RESOLUTION 549 (1952 SERIES)
WHEREAS, Section 27281 of the Government Code of California permits
the City Council, by general resolution, to authorize officers or agents
to accept and consent to the recordation of deeds or grants conveying
any interest in or easement upon real property to the City of San Luis
Obispo for public purposes, by such officers or agents executing the
certificates as provided therein, which certificate shall be attached to
or printed on the deed or grant; and
WHEREAS, it appears desirable to authorize the Mayor and Vice -Mayor
as such officers and agents to accept and consent to such recording.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
San Luis Obispo, State of California:
1. That both the Mayor and Vice -Mayor of the City of San Luis
Obispo are hereby authorized to accept and consent to the
recordation of any deed or grant conveying any interest in or
easement upon real property to the City of San Luis Obispo.
2. That the City Clerk of the City of San Luis Obispo is hereby
directed to record this resolution.
3. That this resolution rescinds Resolution No. 549 (1959 Series).
On motion of Councilman Settle , seconded by Co n_,
and on the following roll call vote:
Resolution No. 53700984 Series) • Page 2
AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 5th day of June ,
1984.
MA OR IB C. I _
�VRK PAMELA GLS
err '• � �� ' ,.V .
Appr ed:
Ci y Administrative Off-ic�e3'
City AtC ney
END Of DOCUMENT voL 20"04 FRGF.879
Recording requested by,
and when recorded, return to:
City of San Luis Obispo
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
IRREVOCABLE & PERPETUAL
OFFER OF DEDICATION
(Public Pedestrian)
(861 through 863 Palm Street, 877 Palm Street, and 955 Morro Street)
APN 002-416-031, -035, -038
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hotel SLO,
LLC, a California limited liability company, and Sutter Tustin SLO, LLC, a California limited
liability company, hereinafter collectively referred to as OFFEROR, hereby OFFERS to the City of
San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, two irrevocable
easements for public pedestrian purposes upon, over, under and across a portion of certain property
described as Block 14 of the Map of the Town 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 May 1, 1878, in
Book A, Page 168 of Maps in the Office of the County Recorder of said County, and Lots 1, 2, 3, 4
and 10 of the Map of the Subdivision of Part of Blocks 14 and 18, in said City, County and State,
according to map filed in Book 1 Page 43 of Records of Survey in the Office of the County
Recorder of said County, described as follows:
See Exhibit A, attached hereto, for legal descriptions and Exhibit B, attached
hereto, for graphical depictions.
IN WITNESS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this
10 (i' day of
OFFEROR:
kv6 .2016.
Hotel SLO, LLC, a California limited liability company
By: Metrovation, LLC, its co -manager
By. G
Mark Seiler, Manager
By: Piazza Hotel Management, LLC, its co -manager
in
Paolo Patrone, Manager
Sutter Tustin SLO, LLC, a California limited liability company
By: Sutter Tustin, LLC, a California limited liability company, its Manager
al
Louis Lipset, Manager
(Attach Notary Certificates)
(Attach Beneficiary Subordination)
The undersigned bneficiary under that certain Deed of Trgaf and assignment of rents
recorded on January 2016, as Document No. 2016-093179 in the Official Records of
the County of San Luis 'spo hereby consents to th xecution and recordation of the
attached "Irrevocable & etual Offer of De cation (Public Pedestrian)" (The
"Agreement"). As the Beneficia f said Deed of T st, Beneficiary hereby consents to the
execution and recordation of the Aa ement.
Dated:
TRUST DEED BENEFICIARY
Delphi CRE Funding, LLC, a D7Guare Limited Liability
i
By:
Name:
Its:
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 California
County of San Luis bisp}�
On kdokm 10) to It before me, L I N A MG G U NO C.a N 0 , NO rN Rj y PU 13 L 1
Date Name and I it e of the UM cer
personally appeared, MARK SU L t K
who proved to me on the basis of satisfactory evidence to be the person( whose
name(o is/ark subscribed to the within instrument and acknowledged to me that
he/sl a/thea executed the same in his/her/th6ir authorized capacity(ieo, and that by
his/hor/thOir signature(s,' on the instrument the person(o, or the entity upon behalf of
which the person(s� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
LINA oNc coNocoNo
WITNESS my hand and official seal. Commission # 2024121
i = !► Notary Public - California
Alameda County
Signature (f Y,
WY1A My Comm. Ex ices Jun 12, 2017 ~
SignaluM of Notary Public Place Notary Seal Above
c w ou ail 7Z i
eltmmt,o,� ywj W)",
IN WITNESS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this
16 i day of kC 66Y ,2016.
OFFEROR:
Hotel SLO, LLC, a California limited liability company
By: Metrovation, LLC, its co -manager
By:
Seiler, Manager
By: Piazza Votel Management, LLC, its co -manager
0
Paolo-Patrone, Manager
Sutter Tustin SLO, LLC, a California limited liability company
By: Sutter Tustin, LLC, a California limited liability company, its Manager
la
Louis Lipset, Manager
(Attach Notary Certificates)
(Attach Beneficiary Subordination)
CONSENT AND SUBORDINATION OF TRUST DEED BENEFIC ARY
The undersigns neficiary under that certain Deed of Trust apd'assignment of rents
recorded on January 016, as Document No. 2016-003170In the Official Records of
the County of San Luis Ob t hereby consents to the excation and recordation of the
attached "Irrevocable & Perpe I�eed
of Dedicatan (Public Pedestrian)" (The
"Agreement"). As the Beneficiary of sof Tru ; Beneficiary hereby consents to the
execution and recordation of the Aaire
Dated:
TRUST DEED BENEFICIARY
Delphi CRE Funding, LLC, a Di�Idware Limited Liability Company
0
Nan
Its:
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 California War,l
County of }
j r
On ' before me, (
jj f4 1 f C
Date ame and Title of therOfficer
personally appeared, %o�
ame o �gner s
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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
LISA A.
r `,, Commission # 2131253
�� r
WITNESS my ha and official seal.. y_ Notary Public -California
Marin County n
v M Comm. Expifes Oct 28, 2019 w
Signa
Signature of Notary u is Place Notary Seal Above
IN WITNESS WHEREOF, OFFEROR hereunto caused its/their names) to be subscribed this
6 fh day of 0 G_t0 D f Y , 2016.
OFFEROR:
Hotel SLO, LLC, a California limited liability company
By: Metrovation, LLC, its co -manager
IN
Mark Seiler, Manager
By: Piazza Hotel Management, LLC, its co -manager
in
Paolo Patrone, Manager
Sutter Tustin SLO, LLC, a California limited liability company
By: Sutter Tustin, L;C, a Califor limited liability company, its Manager
By.
Louis Lipset, Manager
(Attach Notary Certificates)
(Attach Beneficiary Subordination)
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 California )
County of r� _ )
On �� before me,�►�
Date
personally appeared
LWis n Ien L-11
Insert NaWe and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose nor 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.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct./\
WITNESS yNVan official seal.
CLIFTON TAM
Commission # 2113366
Notary Public - California Signature
San Francisco County gnature of Notary Public
Comm. Wim 29,201 ID — - - - - - - -
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 Do cu eat: IffUCAUPUG 3 Document Date: 1
Number of Pages: Signer(s) Other Th n Named Above:
Capacity(les) 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.NationalNotary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907
EXHIBIT "A"
PUBLIC PEDESTRIAN EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF BLOCK 14 OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO MAP RECORDED MAY 01, 1878 IN BOOK A, PAGE 168 OF MAPS, AND THAT PORTION OF LOTS 1, 2, 3, 4 AND 10 PER
MAP OF THE SUBDIVISION OF PART OF BLOCKS NO.14 AND 18, RECORDED IN BOOK 1, PAGE 43 OF RECORDS OF SURVEY, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK; THENCE ALONG THE NORTHWESTERLY LINE OF SAID BLOCK ALSO
BEING THE SOUTHEASTERLY RIGHT OF WAY OF PALM STREET, NORTH 55° 42'07" EAST, A DISTANCE OF 131.35 FEET, TO THE TRUE
POINT OF BEGINNING, SAID POINT BEING THE MOST WESTERLY CORNER OF PARCEL ONE CONVEYED TO HOTEL SLO, LLC AND
SUTTER TUSTIN SLO, LLC BY DEED DATED JANUARY 20, 2016 AND RECORDED JANUARY 25, 2016 AS INSTRUMENT NUMBER 2016-
003175 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID NORTHERLY LINE SOUTH 34°19'42" EAST, A DISTANCE OF
2.16 FEET; THENCE NORTH 55°42'08" EAST, A DISTANCE OF 21.96 FEET, TO THE CORNER OF A DESIGNED BUT AS YET
UNCONSTRUCTED BUILDING; THENCE ALONG THE FACE OF SAID BUILDING THROUGH THE FOLLOWING SEVENTEEN COURSES,
NORTH 55`42'48" EAST, A DISTANCE OF 9.66 FEET; THENCE SOUTH 3419'07" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH
55°42'42" EAST, A DISTANCE OF 12.42 FEET; THENCE NORTH 34°17'13" WEST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'47"
EAST, A DISTANCE OF 3.30 FEET; THENCE SOUTH 34°19'07" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'48" EAST, A
DISTANCE OF 12.42 FEET; THENCE NORTH 34°17'07" WEST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'46" EAST, A DISTANCE
OF 3.30 FEET; THENCE SOUTH 3417'12" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'54" EAST, A DISTANCE OF 12.42
FEET; THENCE NORTH 34°20'14" WEST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55"42'48" EAST, A DISTANCE OF 3.29 FEET;
THENCE SOUTH 34°17'12" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'48" EAST, A DISTANCE OF 12.42 FEET; THENCE
NORTH 3415'57" WEST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'19" EAST, A DISTANCE OF 3.30 FEET, TO THE CORNER OF
A DESIGNED BUT AS YET UNCONSTRUCTED BUILDING; THENCE LEAVING SAID FACE OF BUILDING, NORTH 55°24'13" EAST, A
DISTANCE OF 111.67 FEET, TO THE CORNER OF A DESIGNED BUT AS YET UNCONSTRUCTED BUILDING; THENCE ALONG THE FACE OF
SAID BUILDING THROUGH THE FOLLOWING TWELVE COURSES, NORTH 55°42'49" EAST, A DISTANCE OF 21.71 FEET; THENCE SOUTH
34°17'02" EAST, A DISTANCE OF 0.62 FEET; THENCE NORTH 55°42'49" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 34°16'33"
EAST, A DISTANCE OF 41.88 FEET; THENCE NORTH 55°43'32" EAST, A DISTANCE OF 0.63 FEET; THENCE SOUTH 34°17'12" EAST, A
DISTANCE OF 0.87 FEET, THENCE NORTH 55"42'48" EAST, A DISTANCE OF 1.00 FEET; THENCE SOUTH 34°17'12" EAST, A DISTANCE OF
45.93 FEET; THENCE SOUTH 55°42'48" WEST, A DISTANCE OF 1.00 FEET; THENCE SOUTH 34"17'12" EAST, A DISTANCE OF 74.20 FEET;
THENCE NORTH 55°42'47" EAST, A DISTANCE OF 1.00 FEET; THENCE SOUTH 34°17'12" EAST, A DISTANCE OF 17.00 FEET, TO THE
CORNER OF DESIGNED BUT AS YET UNCONSTRUCTED BUILDING; THENCE LEAVING SAID FACE OF BUILDING, NORTH 55°43'57" EAST,
A DISTANCE OF 2.63 FEET, TO THE SOUTHWESTERLY RIGHT OF WAY OF MORRO STREET; THENCE ALONG SAID RIGHT OF WAY,
NORTH 34°16'03" WEST, A DISTANCE OF 182.10 FEET, TO THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY OF MORRO
STREET AND THE SOUTHEASTERLY RIGHT OF WAY OF PALM STREET; THENCE ALONG THE SOUTHEASTERLY RIGHT OF WAY OF PALM
STREET, SOUTH 55°42'07" WEST, A DISTANCE OF 257.16 FEET, TO THE TRUE POINT OF BEGINNING.
THIS LEGAL DESCRIPTION IS INTENDED TO DESCRIBE THE AREA BETWEEN THE FACE OF A DESIGNED BUT AS YET UNCONSTRUCTED
BUILDING AND THE SOUTHEASTERLY RIGHT OF WAY OF PALM STREET AND THE SOUTHWESTERLY RIGHT OF WAY OF MORRO
STREET.
THE ABOVE-DESCRIBED PROPERTY IS GRAPHICALLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY
REFERENCE.
10/6/16
Page 1 of 1
PUBLIC PEDESTRIAN EASEMENT LEGAL DESCRIPTION
POINT OF
COMMENCEMENT
N55°42'07"E 131.35'
CTRUE POINT OF
BEGINNING
,--S34°19'42"E 2.16'
N55042'08"E 21.96'-f �
N55°42'48"E 9.66'
S34°19'07"E 0.10'—
N55°42'42"E 12.42'
PALM STREET
-S34°17'12"E 0.10'
N55042'48"E 12.42'
-N34°15'57" V1l 0.10'
—N55°42'19"E 3.30'
S55°42'07"W 257.16'
N55024'1 TIE 111.67'
LN55°4248"E 3.29'
N34°20'14"W 0.10'
N55°4249"E 21.'
N55°42'54"E 12.42'
S34°17'12"E 0.10'
S34°17'02"E 0.
N55°42'46"E
N55°42'49"E ;
N34°17'07"W 0.10'
N55°42'48"E 12.42'
�S34°19'07"E 0.10'
--N55°42'47"E 3.30-
N34017'1 3"W
.30'N34°17'13"W 0.10' 1
S34°1 '
633"E 41 '-
.88
N55043'32"E 0.63'-
S34017'12"E 0.87'-
N55°42'48"E 1.00'-
S34°17'12"E 45.93'
S55042'48"W 1.00`
CERTIFICATE OF COMPLIANCE
DOC #: 2016-043140
*-1/ 'p / `-- - " (
ABOVkADE
/
ENGINEERING
1304 Broad Shw*, Son lu4CA 93401
phom:(80515405115 9 f=(8 (5405116
ACiY C�A� • YtrV R 1176
INE OF
RE BUILDINGS
PUBLIC PEDESTRIAN
EASEMENT
0
N
W
rl(V
L
N55°42'47"E 1.00'
S34017'12"E 17.00'
N55043'57"E 2.63' I
RAPHIC SCALE
0 20 40 80
inch = 40 feet
EXHIBIT B
PUBLIC PEDESTRIAN EASEMENT
SCALE: 1" = 40'
JOB NUMBER: 14212
BY: JNW
DATE: 10/6/2019
EX -B
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
The undersigned beneficiary under that certain Deed of Trust and assignment of rents
recorded on January 25, 2016, as Document No. 2016-003179 in the Official Records of
the County of San Luis Obispo hereby consents to the execution and recordation of the
attached "Irrevocable & Perpetual Offer of Dedication (Public Pedestrian)" (The
"Agreement"). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the
execution and recordation of the Agreement.
Dated:
TRUST EED IARY
i �`
Delph' E--+ rtdI Delaware ited Liability Company
By:
Name: Perry Stewart Ward
Authorized Signatory
Its:
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 California }
County of }
Nfar41
On �c'�- Z )Wt, before me, �: r„ � '�fli,,, �lld�wY �v61
Date —Name and Ti We f the U cer
personally appeared, fie r r
who proved to me on the basis of satisfactory evidence to be the person whose
named islare subscribed to the within instrument and acknowledged to me that
helsWttr executedt same in his/her/their authorized capacity(, and that by
his/t)61 6r signature(4) the instrument the person�s3, or the entity upon behalf of
which the personXacted, executed the instrument.
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 seal.
Signature _
Signature of Notary Public
BRIAN A. CATLIN
Notary Public - California
Q Marin County
Commission #t 2164301
MY Comm. Expires Se 9.2020
Place Notary Seal Above
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable &
Perpetual Offer to Dedicate (Public Pedestrian Easement), dated October 10, 2016, from Hotel
SLO, LLC a California limited liability company, and Sutter Tustin SLO, LLC, a California
limited liability company, is hereby accepted by the undersigned officer on behalf of the City
Council pursuant to authority conferred by Resolution No. 5370 (1984 Series), recorded June 15,
1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, upon
completion of the public improvements, and the Grantee consents to recordation thereof by its duly
authorized officer or his agent.
kA Ln ZOi
Date
ATTEST:
QAhN - P. '� J-0 - - '6 1) .
Carrie Gallagher
City Clerk
CITY OF SAN LUIS OBISPO
�16LA�
Mayo J Mai
[City seal required]