HomeMy WebLinkAboutD-2048 Certificate of Satisfaction of Certain Conditions and Grant of Additional Time for Substantial Completion; Palm Development Site RestrictionsRECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
44 White"IM(►j
Tommy Gong
San Luis Obispo - County Clerk -Recorder
04/27/2017 03:16 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 8
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RECEIVED taeesxs$0
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Total: 0.00
MAY 0 5 20171111 w ��aj � � 1� 'III I
D CITY CLERK �'�'LR�`�Flh
This document is recorded for the benefit of the City of San Luis Obispo, A Municipal
Corporation, and is exempt from fee per Government Code Sections 27383.
CERTIFICATE OF SATISFACTION OF CERTAIN CONDITIONS
AND GRANT OF ADDITIONAL TIME FOR SUBSTANTIAL COMPLETION
D,_ z,0(4V
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City Clerk's Office
CITY OF SAN LUIS OBISPO
990 Palm Street
San Luis Obispo, CA 93401
Certificate of Satisfaction of Certain Conditions
and Grant of Additional Time for Substantial Completion
APN(S): 002-416-031, 002-416-035 and 002-416-038
City of San Luis Obispo, a municipal corporation and a chartered city organized and
existing under the Constitution of the State of California (the "City"), hereby certifies with respect
to the Palm Development Site Restrictions, as set forth and defined in that certain Grant Deed
from the City to Hotel SLO, LLC, a California limited liability company, and Sutter Tustin SLO,
LLC, a California limited liability company, as tenants in common (collectively, the "Developer")
recorded in the Official Records of the County of San Luis Obispo County on January 25, 2016,
as document number 2016003175 '(the "Grant Deed"), regarding the real property more
specifically described in Exhibit A attached hereto, as follows:
With regard to paragraph 1(b) of the Grant Deed:
(a) City acknowledges that Developer obtained the Permits required to construct the
Project in a timely manner;
(b) City acknowledges that Developer commenced work on the Project in accordance
with the Permits in a timely manner; and
(c) City acknowledges that Developer has been diligently pursuing construction of the
Project and Developer, having provided the City with evidence of good cause for
the need for additional time therefor, shall not be in default under the Palm
Development Site Restrictions as long as Developer achieves Substantial
Completion by December 31, 2018, or within such additional period of time to
which the City may consent in writing upon demonstration by Grantee of diligence
and good cause, including time diligently spent in archaeological review and
remediation, such consent not to be unreasonably withheld.
Except as specifically provided above, the Palm Street Site Restrictions remain
in full force and effect.
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4835-9025-3893.2
All capitalized terms not otherwise defined in this Certificate shall have the
meaning given in the Palm Development Site Restrictions. This Certificate has been duly executed
by an authorized person on behalf of the City as of April 27 , 2017.
GRANTOR:
CITY OF SAN LUIS OBISPO,
a municipal corporatil)n arA Charter City
Citi Manager
APPROVED:
City Attorney
City of San Luis Obispo
By:
AnriVM. Russell, Interim Assistant City Attorney
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4835-9025-3893.2
Exhibit A
LEGAL DESCRIPTION
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California,
described as follows:
00011111159184
THAT PORTION OF 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 01, 1878, IN BOOK A, PAGE 168, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF MONTEREY STREET, IN SAID CITY,
DISTANT THEREON, NORTH 54° 06' EAST, 109.31 FEET FROM THE NORTHEASTERLY CORNER
OF CHORRO AND MONTEREY STREET, THENCE NORTH 35° 54' WEST, 80.00 FEET TO A POINT;
THENCE NORTH 540 06' EAST 12.67 FEET TO A POINT; THENCE NORTH 350 54' WEST, 34,17
FEET TO A POINT; THENCE NORTH 330 02' WEST, 146.54 FEET TO A POINT; THENCE NORTH
360 22' WEST, 86.50 FEET TO A POINT ON THE SOUTHERLY LINE OF PALM STREET AS SHOWN
ON SAID MAP; THENCE ALONG SAID SOUTHERLY LINE NORTH 530 38' EAST, 12.00 FEET TO A
POINT; THENCE SOUTH 360 22' EAST, 70.25 FEET TO A POINT; THENCE SOUTH 811 22' EAST,
8.13 FEET TO A POINT; THENCE NORTH 530 38' EAST 36.75 FEET TO A POINT; THENCE NORTH
80 38' EAST, 8.13 FEET TO A POINT; THENCE NORTH 360 22' WEST, 12.75 FEET TO A POINT;
THENCE NORTH 50° 13' EAST, 38.16 FEET TO A POINT; THENCE SOUTH 350 54' EAST, 148.56
FEET TO A POINT; THENCE SOUTH 540 06' WEST, 45.75 FEET TO A POINT; THENCE SOUTH 350
54' EAST, 146.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID MONTEREY STREET,
THENCE ALONG SAID LINE SOUTH 540 06' WEST, 72.44 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO SLO
CHINATOWN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED JULY 31, 2012, IN
INSTRUMENT NO. 2012042357, OF OFFICIAL RECORDS,
PARCEL TWO:
THAT PORTION OF 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 01, 1878, IN BOOK A, PAGE 168, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF MONTEREY STREET, IN SAID CITY,
DISTANT NORTH 54° 6' EAST, 227 FEET 6 INCHES FROM THE NORTHEASTERLY CORNER OF
CHORRO AND MONTEREY STREETS; THENCE RUNNING NORTH 540 6' EAST ALONG SAID
NORTHERLY LINE OF MONTEREY STREET, 52 FEET AND 6 INCHES TO THE SOUTHWESTERLY
CORNER OF THE LOT FORMERLY OWNED BY MRS. N. E. CALL; THENCE NORTH 331, 22' WEST
ALONG THE WESTERLY UNE OF SAID LOT OF MRS. N. E, CALL, 351 FEET TO THE SOUTHERLY
LINE OF PALM STREET; THENCE SOUTH 530 38' WEST ALONG SAID SOUTHERLY LINE OF PALM
STREET; 107 FEET TO THE NORTHWESTERLY CORNER OF THE LOT FORMERLY OWNED BY B.
BRIZZOLARA; THENCE SOUTH 360 22' EAST ALONG THE WESTERLY LINE OF SAID BRIZZOLARA
LOT, 56.36 FEET TO A POINT, THENCE NORTH 53° 38' EAST AND PARALLEL WITH THE
SOUTHERLY LINE OF PALM STREET, 38.08 FEET TO THE EASTERLY LINE OF A LOT CONVEYED
BY NATHAN AND ISSAC GOLDTREE TO W. J. OAKS, BY DEED DATED AUGUST 21, 1882 AND
RECORDED IN BOOK 0, PAGE 431 OF DEEDS AND FOLLOWING; THENCE SOUTH 350 54' EAST
ALONG THE EASTERLY LINE OF SAID OAKS LOT, 296 FEET TO THE NORTHERLY LINE OF
MONTEREY STREET AND THE POINT OF BEGINNING,
Page 1 of 3
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO SLO
CHINATOWN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED JULY 31, 2012, IN
INSTRUMENT NO. 2012042357, OF OFFICIAL RECORDS.
PARCEL THREE:
THAT PORTION OF LOTS 2 AND 3 OF THE MAP OF THE SUBDIVISION OF PART OF BLOCKS 14 &
18, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO MAP RECORDED IN BOOK 1, PAGE 43 OF RECORD OF SURVEYS, DESCRIBED AS
A WHOLE AS FOLLOWS;
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF SAID BLOCK; THENCE SOUTH
530 38' WEST ALONG THE NORTHWESTERLY LINE OF LOTS 1 AND 2, 89.65 FEET TO THE TRUE
POINT OF BEGINNING; WHICH POINT BEARS NORTH 530 38' EAST, 0.35 FEET FROM THE MOST
WESTERLY CORNER OF SAID LOT 2; THENCE SOUTH 330 23' 50" EAST, 100,1 FEET TO A POINT
IN THE SOUTHEASTERLY LINE OF SAID LOT 3, SAID POINT BEING NORTH 53° 38' EAST, 0.56
FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 3; THENCE SOUTH 530 38' WEST
ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, 0.56 FEET TO THE MOST SOUTHERLY
CORNER OF SAID LOT; THENCE NORTH 330 16' 30" WEST ALONG THE SOUTHWESTERLY LINE
OF SAID LOTS 3 AND 2, 100.14 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 2;
THENCE NORTH 530 38' EAST ALONG THE NORTHWESTERLY UNE OF SAID LOT 2, 0.35 FEET
TO THE TRUE POINT OF BEGINNING.
PARCEL FOUR:
LOTS 4 AND 10 OF THE MAP OF THE SUBDIVISION OF PART OF BLOCKS 14 & 18, IN THE CITY
OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO
THE MAP THEREOF FILED IN BOOK 1, PAGE 43 OF RECORD OF SURVEYS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY,
PARCEL FIVE;
INTENTIONALLY DELETED
PARCEL SIX:
LOTS 1, 2 AND 3 OF THE MAP OF THE SUBDIVISION OF PART OF BLOCKS 14 & 18, IN THE CITY
OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO
THE MAP THEREOF FILED IN BOOK 1, PAGE 43 OF RECORD OF SURVEYS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO C. A. MAINO,
ET UX, RECORDED APRIL 07, 1953 IN BOOK 704, PAGE 439 OF OFFICIAL RECORDS,
PARCEL 7:
ALL THAT PART 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, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS: '
BEGINNING AT A, POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK, DISTANT THEREON
NORTH 530 38' EAST, 143.33 FEET FROM THE MOST WESTERLY CORNER OF SAID BLOCK, SAID
POINT BEING THE MOST NORTHERLY CORNER OF THE PROPERTY CONVEYED TO FERDINANDO
Page 2 of 3
CHIESA BY DEED DATED JULY 01, 1912 IN BOOK 93, PAGE 136 OF DEEDS;
THENCE SOUTH 360 22' EAST, 70.25 FEET TO THE MOST WESTERLY CORNER OF THE
PROPERTY CONVEYED TO SERAFINO J. MAR71NELLI AND CARMEL MARTINELLI BY DEED
DATED FEBRUARY 08, 1966 AND RECORDED APRIL 01, 1966 IN BOOK 1391, PAGE 479 OF
OFFICIAL RECORDS;
THENCE SOUTH 810 22' EAST, 8.13 FEET TO A POINT;
THENCE NORTH 530 38' EAST, 36.75 FEET TO A POINT;
THENCE NORTH 8° 38' EAST, 8.13 FEET TO A POINT;
THENCE NORTH 360 22' WEST, 70.25 FEET TO THE SOUTHERLY LINE OF PALM STREET;
THENCE ALONG THE SOUTHERLY LINE OF PALM STREET SOUTH 53° 38' WEST, 48.25 FEET TO
THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN THE PRESENT LINES OF
PALM STREET,
APN(S); 002-416-031, 002-416-035 and 002-416-038
Page 3 of 3
[attach notary acknowledgments here]
4835-9025-3893.2
ACKNOWLEDGMENT
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_So-V\ k �S C)�i�� cD )
On _ ;��i 1 �,i , ori D t1 before me, 14$Gk-+6th. - 0-100 CkV64 , 2:V �V6 U C
(insert name and title of the officer
personally appeared U LyL
who proved to me on the basis of satisfactory evidence to be the person(s�-whose nameL) ism
subscribed to the within instrument and acknowledged to me that helshelthepexecuted the same in
1181herltWauthorized capacityW, and that by Wherlth& signatures} -on the instrument the
person(W, or the entity upon behalf of which the persons -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.
Commission N 2030014
WITNESS my hand and official seal. Le Notary Public - Camornis
San Luis Obispo County
MY COMM. Expiros Jun 21. 2017
Signature ���GYJ�-f�-¢Sealy
END OF DOCUMENT