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HomeMy WebLinkAboutD- 2088 Assignment of Deed of Trust- aPN: 003-601-006-portion ofRecording Requested By First American Title Company 1 4009 -5610110 -(LB) and when Recorded Mail to: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Attn: City Clerk APN: 003 -601 -006 -portion of RECEIVED APR 12 2018 SLD CITY CLERK 2018011898 Tommy Gong San Luis Obispo - County Clerk -Recorder 03/23/2018 03:42 PM Recorded at the request of: FIRST AMERICAN TITLE COMPANY Titles: 1 Pages: 10 Fees: $0.00 Taxes: 0.00 Total: 0.00 LL` tt This document is recorded for the benefit of the City of San Luis Obispo and is exempt from recording fees pursuant to Sections 6103 and 27383 of the California Government Code. ASSIGNMENT OF DEED OF TRUST The undersigned declares exemption under the following: L., Exempt from fee per GC 27388.1 (a) (2); recorded concurrently "in connection with" a transfer of real property that is: ZSubject to the imposition of documentary transfer tax", or ❑ A residential dwelling to an owner -occupier", or ❑ Exempt from fee per GC 27388.1 (a) (1); fee cap of $225 reached (list recording references) ❑ Exempt from the fee per GC 27388.1 (a) (1) Not related to real property" RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of San Luis Obispo 990 Palm Street San Luis Obispo, Ca. 93401 Attn: City Clerk Recorded for the Benefit of the City of San Luis Obispo at No Fee Under Section 27383 of the Government Code SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNMENT OF DEED OF TRUST For value received, the HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO, a public body, corporate and politic ("Assignor"), hereby grants, conveys, assigns and transfers to the CITY OF SAN LUIS OBISPO, a municipal corporation ("Lender"), for security purposes only, all right, title and interest of Assignor under: That certain Deed of Trust with Assignment of Rents, Security Agreement and Fixture Filing dated as of March 1, 2018 (the "Deed of Trust"), executed by BISHOP STREET STUDIOS, L.P., a California limited partnership ("Partnership"), as grantor, to FIRST AMERICAN TITLE COMPANY, as trustee, for the benefit of Assignor, as beneficiary, and recorded substantially concurrently herewith in the Official Records of San Luis Obispo County, California, affecting the real property described in Exhibit A attached hereto and incorporated herein by this reference; A. That certain Promissory Note ("Note"), dated as of even date with the Deed of Trust, executed by Partnership in favor of Assignor in the original principal amount of $1,395,500, and all renewals, modifications and extensions thereof; B. Each policy of title insurance issued to Assignor and insuring the lien of the Deed of Trust; and C. All other documents, instruments and certificates evidencing, securing or otherwise relating to the loan evidenced by the Note. Each capitalized term used herein but not otherwise defined herein shall have the meaning given that term in the Deed of Trust. [Signature Page Follows] -I- Dated as of, 2018. ASSIGNOR: HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO, a public body, comer plate and politic Ve [Signature Page to Assignment of Deed of Trust and Related Documents] A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. OFFICIAL CALIFORNIA NOTARIAL CERTIFICATE Acknowledgment STATE OF CALIFORNIA ) ) ss COUNTY OF SAN LUIS OBISPO) On Mar -C4\. c -L t �-Ckl, before me, Victoria L. Connerley, Notary Public, personally appeared Scott Smith, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. #V:1CTt0R1ANERLEY91$I1LI VVA MCOUNTY a27.241 Victoria L. Connerle otary Public EXHIBIT A REAL PROPERTY A-1 4843-4453-4869v.2 4900000-001457 EXHIBIT A LEGAL DESCRIPTION The real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California described as follows: PARCEL A: A portion of the parcels of land described in the documents recorded in Book V of Deeds, at Page 494 and Book 22 of Deeds, at Page 176 in the City of San Luis Obispo, County of San Luis Obispo, State of California in the office of the County Recorder of said County, being more particularly described as follows: Beginning at an open two-inch iron pipe at the south corner of Lot 8 of Tract No. 118 in the City and County of San Luis Obispo, State of California as shown on map recorded in Book 5 of Maps, at Page 110 in the office of the County Recorder of said County, also as shown on that Record of Survey recorded in Book 68 of Licensed Surveys, at Page 24 in the office of the County recorder of said County; Thence, along the southeast line of said Tract No. 118 North 68°21'42" East 217.18 feet to 3/4 inch iron pipe with tag stamped L.S. 5201 at an angle point in said southeast line as shown on said Record of Survey; Thence, leaving said southeast line South 09°33'11 " East 77.02 feet to a point, said point being the TRUE POINT OF BEGINNING: Thence, along the following described courses: North 68°51'00" East 150.21 feet; South 84°11'57" East 35.70 feet; South 23°40'27" East 111.09 feet; South 00°04'53" West 87.91 feet; South 21°18'39" West 8 1.5 1 feet; South 49°28'58" West 21.67 feet; South 44°14'48" East 102.38 feet; South 45'45'15" West 23.65 feet; North 44'14'15" West 100.23 feet; South 49°53'07" West 58.12 feet; North 40°15'39" West 148.47 feet; North 17°02'27" West 101.81 feet; North 08°58'45" East 74.84 feet to the TRUE POINT OF BEGINNING. PARCEL B: An easement for ingress, egress and utilities as set forth in that certain "Grant of Easement and Agreement," recorded February 23, 2018, as Instrument No. 2018-007319, over the following described real property: A portion of the parcels described in the documents recorded in Book V of Deeds, at Page 494, Book 22 of Deeds, at Page 176, and Book 188 of Official Records, at Page 354 in the City of San Luis Obispo, County of San Luis Obispo, State of California in the office of the County Recorder of said County, being more particularly described as follows: Beginning at an open two-inch iron pipe at the south corner of Lot 8 of Tract No. 118 in the City and County of San Luis Obispo, State of California as shown on map recorded in Book 5 of Maps, at Page 110 in the office of the County Recorder of said County, also as shown on that Record of Survey recorded in Book 68 of Licensed Surveys, at Page 24 in the office of the County recorder of said County; Thence, along the southeast line of said Tract No. 118 North 68°21'42" East 217.18 feet to 3/4 inch iron pipe with tag stamped L.S. 5201 at an angle point in said southeast line as shown on said Record of Survey; Thence, leaving said southeast line South 09°33' 11" East 77.02 feet to a point; Thence, along the following described courses: North 68°51'00" East 150.21 feet to a point; South 84°11'57" East 35.70 feet to a point; South 23°40'27" East 111.09 feet to a point; South 00°04'53" West 87.91 feet to a point; South 21°18'39" West 81.51 feet to the TRUE POINT OF BEGINNING; Thence, along the following described courses: South 44'25'10" East 123.89 feet to a point; South 41 °02'32" East 207.97 feet to a point; South 23°51'39" East 62.82 feet to a point; South 17°33'23" East 182.98 feet to the beginning of a tangent curve concave westerly and having a radius of 52.00 feet; Thence, southerly along said curve 67.49 feet through a central angle of 74021'42" to the end of said curve; Thence, South 56'48'19" West 90.83 feet to a point on the northerly right-of-way of Bishop Street as shown on said Record of Survey, said point being a point on a curve concave southerly, having radius of 95.00 feet and to which point a radial bears North 50013'45" East; Thence, westerly along said curve 22.67 feet through a central angle of 13°40'23" to a point on said curve, and to which point a radial bears North 36033'22" East; Thence, leaving said curve North 56048'19" East 96.07 feet to the beginning of a tangent curve concave westerly and having a radius of 30.00 feet; Thence, northerly along said curve 38.94 feet through a central angle of 74021'42" to the end of said curve; Thence, along the following described courses: North 17°33'23" West 181.77 feet to a point; North 23°51'39" West 58.29 feet to a point; North 41°02'32" West 204.03 feet to a point; North 44°14'48" West 124.68 feet to a point; North 49°28'58" East 21.67 feet to the TRUE POINT OF BEGINNING. PARCEL C: An easement for public utilities and incidental purposes as set forth in that certain "Grant of Easement and Agreement," recorded February 23, 2018, as Instrument No. 2018-007319, over the following described real property: A portion of the parcel of land described in the document recorded in Book 22 of Deeds, at Page 176 in the City of San Luis Obispo, County of San Luis Obispo, State of California in the office of the County Recorder of said County, being more particularly described as follows: Beginning at a one -inch iron pipe with illegible tag at the most westerly corner of said parcel common with the east right of way line of Johnson Avenue as shown on that Record of Survey recorded in Book 68 of Licensed Surveys, at Page 24 in the office of the County recorder of said County, said point also being the southwest corner of Lot 8 of Tract No. 2570 as shown on map recorded in Book 30 of Maps, at Pages 75-79 in the office of said County Recorder, said point being the TRUE POINT OF BEGINNING: Thence along the common line of said parcel and said Lot 8 North 53°42' 15" East 635.19 feet to a 2 -inch iron pipe with brass cap stamped RCE 12748 as shown on said Record of Survey; Thence, along the northeast prolongation of said common line North 53'42'15" East 92.57 feet to a point; Thence, South 40°15'39" East 10.02 feet to a point; Thence, South 53'42'15" West 728.40 feet to a point on the east right-of-way of Johnson Avenue; Thence along said right-of-way North 36°34'42" West 10.00 feet to the TRUE POINT OF BEGINNING. PARCEL D: An easement for utilities and incidental purposes as set forth in that certain "Grant of Easement and Agreement," recorded February 23, 2018, as Instrument No. 2018-007319, over the following described real property: A portion of the parcels described in the documents recorded in Book V of Deeds, at Page 494, and Book 188 of Official Records, at Page 354 in the City of San Luis Obispo, County of San Luis Obispo, State of California in the office of the County Recorder of said County, being more particularly described as follows: Beginning at an open two-inch iron pipe at the south corner of Lot 8 of Tract No. 118 in the City and County of San Luis Obispo, State of California as shown on map recorded in Book 5 of Maps, at Page 110 in the office of the County Recorder of said County, also as shown on that Record of Survey recorded in Book 68 of Licensed Surveys, at Page 24 in the office of the County recorder of said County; Thence, along the southeast line of said Tract No. 118 North 68°21'42" East 217.18 feet to 3/4 inch iron pipe with tag stamped L.S. 5201 at an angle point in said southeast line as shown on said Record of Survey; Thence, leaving said southeast line South 09'33'11" East 77.02 feet to a point; Thence, along the following described courses: North 68°51'00" East 150.21 feet to a point; South 84°11'57" East 35.70 feet to a point; South 23°40'27" East 111.09 feet to a point; South 00°04'53" West 87.91 feet to a point; South 21°18'39" West 81.51 feet to a point; South 44'25'10" East 123.89 feet to a point; South 41°02'32" East 207.97 feet to a point; South 23°51'39" East 62.82 feet to a point; South 17°33'23" East 182.98 feet to the beginning of a tangent curve concave westerly and having a radius of 52.00 feet; Thence, southerly along said curve 25.23 feet through a central angle of 27°47'45" to the to a point on said curve, and to which point a radial bears South 79°45'38" East, said point also being the TRUE POINT OF BEGINNING; Thence, South 17°33'23" East 110.02 feet to a point; Thence, South 34°21'44" East 89.11 feet to a point on the southeast line of said parcel of land described in said document recorded in Book 188 of Official Records, at Page 354; Thence, along said southeast line South 55°38' 16" West 15.00 feet to a point; Thence, leaving said southeast line North 34°21'44" West 91.32 feet to a point; Thence, North 17°33'23" West 94.74 feet to a point on a curve concave westerly, and having a radius of 52.00 feet, and to which point a radial bears South 54°09'05" East; Thence, north along said curve 23.24 feet through a central angle of 25°36'33" to the TRUE POINT OF BEGINNING. APN: 003-601-006 (portion of)