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HomeMy WebLinkAboutD-1002 Along Slo Creek Between Bianchi Ln & Madonna Rd Recorded 11/16/1977RECORDING REQUESTED BY ' of 16F E CR • WHEN.RECORDED RETURN TO: DEPARTMENT OF TRANSPORTATION DOC. NO. `' P.. 0. Box L OFFICIAL RECORDS San Luis Obispo, CA 93406 SAN LUIS OBISPO CO., C& L)c•cumea:ary Transfer Tax ;._y2''t l -- WILLIAM E. ZIMARIK _ ------- ______..Computed on Full Value of Property Conveyed, CO NW ocCOCo or Computed on Full Value Less Liens and WY1,1 E Re�WRiJGf[ l}/ Encumbrances Remaining at Time of Sale. TIME _ oincor orated. Deaantriielst of Transportation SPACE ABOVE THIS LINE FOR RECORDER'S USE By:. tic i ii cvl Signature of Declarant or Agent Determining Tcx, Firm Name DIRECTOR'S DEED 0 A 197736 DISTRICT COUNTY ROUTE POST MILE NUMBER 05 SLO 101 27.7 DD- 528 -01 -01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to CITY OF SAN LUIS OBISPO all that real property in the________ C i ty___o f ___San _ Lu i s _ Ob i sp o County of ..... San _Luis _Obispo_____________ State of California, described as: That part of the parcel.of land conveyed to the State of California by deed recorded February 23, 1962 in Volume 1170, Page 744 of Official Records of said County that lies northerly of a line that is 570 feet southerly of and parallel to the southerly line of South Street shown on the map of J. Harford's Addition to the City of San Luis filed in Book A at page 123 of Maps in the office of the County Recorder of said County. Said 570 feet measured at right angles to said southerly line. Excepting therefrom that portion thereof that lies easterly of a line extended southerly from and at right angles to, said southerly line of South Street, from a point on said southerly line that is 25.00 feet distant easterly along said line from its intersection with the easterly line of Lot 3 of Block 149 as shown on said map.. Also excepting therefrom that portion thereof that lies westerly of the following described line: Beginning at the northwest corner of PARCEL THREE shown on the map filed in State Highway Map Book 3, Page 667 in said County Recorder's MAIL TAX City of San Luis Obispo STATEMENTS TO: p • O. Box 321 San Luis Obispo, CA 93406 $ 0A26 eaC� 6�� FORM HR /W -353 (REV. 7.73) ` EST. 4898. 12166 -500 3 -73 20M OSP Office; thence (1), N. 60 27' 14" W., 278.31. feet; thence (2),:N.8 °38127 "E., 669.69 feet to Course 6 described in said deed. Bearings and distances used herein are based on the California Coordinate System, Zone 5. It is expressly made a condition herein that the conveyed property be used exclusively for public purposes for a.period of ten (10) years from the date of this deed, that if said property ceases to be used exclusively for public purposes during this ten (10) year period, all title and interest to said property shall revert to the State of California, Department of Transportation,. and that the interest held by the grantee(s), named herein, or its /their assigns, shall cease and terminate at such time. It is understood and agreed by the g.rantee(s), herein named, and its /their assigns, that the foregoing provision constitutes a divestiture and will cause all interest to revert in the State of California, Depart- ment of Transportation, if the conveyed property cease to be used for public purposes. There-shall be no abutter's rights of access appurtenant to the above - described real property in and to the adjacent State freeway. 7 -2- 0 Subject to special assessments if any, restrictions, reservations, and easements of record. This conveyance is executed pursuant to the authority vested in the Director of Transportation by law and, in particular, by the Streets and Highways Code. WITNESS my hand and the seal of the Department of Transportation of the State of California, this- 7_____ day of -- - - 19 -77• APPROVED AS TO FORM AND PROCEDURE 444&_A�_� DEPARTMENT OF TRANSPORTATION STATE OF CALIFORNIA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION vmigA, A GIAImAV0 DIRECTOR OF TRANSPORTATibT By Apomey in Fact' ; t ss. COUNTY OF ACRA ENTO ) On this ______ -___da of_________________________ , in the year 19.7-1, before me DONNA M. WRIGHT Y— - Y -- -A -- --- a Notary Public in forth St a Cal' 'a �residm erem, duly commissioned and sworn, personally appeared_______________�J � ------ _____ -----known to me to be the person whose name is subscribed to the within instrument a the Attorney in Fact of.__4QRIANA --- GIAH-TUBGQ---------------------------------------- Director of Transportation of the State of California, and known to me to be the person who executed the within instrument on behalf of the State of California, and he acknowledged to me that he subscribed the name of _ADRIANA --- GIATj 05 ___________________________ _________________ _as Director of Transportation, and his own name as Attorney in Fact, and that the State of California executed the same. WITNESS my hand and official seal. OFFICIAL SEAL DONNA AA. WRIGHT NOTARY PUBLIC — CALIFORNIA SACRAMENTO COUNTY My Commission Expires Mar. 7, 1981 i�dr ..�r�...n�n�vn��omwnmmmmmnmi 1120 N Street, SaOrQal*ga4 Ce. 95314 'A R4 it ���� --- IV-2- ------- X_ ---- / -------- Notary Public THIS IS TO CERTIFY That the California High- way Commission has authorized the Director of Transportation to execute the foregoing deed at its meeting regularly called and held on the ----- 3rd--------- day of ------------ No-v-_ember I 19-1-L, in the City of---------- Sacramento ----- - - - - -- Dated this_4th __day of_____November______, 197 7_, END OF DOCUMENT c VOL2026 PAC+ 629, PETER R. OSWALD Assistant Secretary of the California Highway Conirnissiors STATE OF CALIFORNIA— BUSINESS AND TRANSPORTATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 TELEPHONE (805) 549 -3111 July 27, 1977 R /W- 05- SLO- 101 -2 -7.7 DD- 528 -01 -01 DD- 528 -02 -01 05450 - 911038 Excess Land City of San. Luis Obispo P. 0. Box:321 San.Luis Obispo,.CA 93406 Attention Mr-. Jean Fitzpatrick City Clerk Gentlemen: Enclosed are copies of a revised Option to Purchase Agreement covering the City of San Luis Obispo's contemplated purchase of State Excess Land Parcels DD- 528 -01 -01 and-DD- 528- 02 -01. The revis;Tdns'in the ,,Agreement are in regard to the reversionary clause in.the Director's Deed.des cribing the parcels to.be conveyed and_.the extension of the option- to- purchaseperiod to August 15, 1977. Parcel DD- 528- 01. -01, which previously contained a reversionary clause for a life period, provided for revesting ofathe parcel to the State should the parcel be used-for other than public purposes: This clause has been revised and now provides for a reversionary condition for 10 years instead of for life. Parcel DD- 52.8- 02 -01, which,previously con- tained no reversionary clause, has been revised'to include: -such a clause.for a -5 -year .period. As soon as the revised Option to Purchase Agreement has been signed by the proper City officials and returned to this office with a check for $45,000, we will submit the Director's Deed to the California Highway Commission. Sincerely, Donald I . cross Right of Way Agent Property Management Supervisor Enclosures 4? 2 � , G �� I II�i !III !;,I�► C l� ® SAn ILLS OBISPO y '" CITY CLERK/TREASURER Post Office Box 321 • San Luis Obispo, CA 93406. 805/541 -1000 August 9, 1977 State of California Department of Transportation P.O. Box L San Luis Obispo, CA 93406 Attn: Donald E. Cross, Right of Way Agent Dear Sir: Attached are two copies of Option to Purchase excess land from the State of.California, Parcels DD- 528- 01 -01,& DD- 528- 02 -01, signed by the City of San Luis Obispo. We have also attached City check No. 200.775 in the amount of $45,000.00 as full and final payment for the land. Yours truly, J.H. Fitzpatrick City Clerk JHF /sh RECORD OF PAYMENT BY of sm Im P%j 'OST OFFICE BOX 321 • SAN LUIS OBISPO, CALIFORNIA 93406 NVOICE NUMBER INVOICE DATE INVOICE AMOUNT Balance of Ptyment for parcel per option a reement SLO -101- 7.7 VENDOR • • 8 1=5 Ir, 7 AMOUNT PAID $45,000,00* WARRANT NUMBER • 22399 THE TREASURER OF THE ' • � • � • � rlty of Sm LUIS OBISPO 2007751 8 5 77 200775 051 OFFICE BOX 321 • SAN LUIS OBISPO, CALIFORNIA 93406 SAN LUIS OBISPO BRANCH • II CROCKER NATIONAL BANK 90.1769 007 ..,III ' 1IlIIIIII�III�IIIII1��IliII .YI1lll�llhll 751 MARSH STREET 1222 S �V�III�I II J III'll„ 1I III AN 1U15 OBISPO, CALIFORNIA 97401 7$45p000.00* IIII �IIIIIII III WILL State of California PAY ORDEROOF E Dept. of Transportation P. 0. Box L San Luis Obispo, Ca. 93406 11120077S11' 1:1222'1117691: 0670 ?SO L61" ..i EXAMINED AND APPROVED BY THIS WARRANT VOID AFTER ONE YEAR 11120077S11' 1:1222'1117691: 0670 ?SO L61" ..i DD- 528 -01 -01 DD- 528 -02 -01 Parce No. OPTION TO PURCHASE AGREEMENT SLO 101 27.7 Co. - Rte. - P.M. For an option to purchase the parcels of land outlined in red upon the attached map and made a part hereof. The City of San Luis Obispo agrees; (1) To pay to the Department of Transportation,.State of California, the sum of $1,000 for an option to purchase said parcels of property. (2) The City of San Luis Obispo shall exercise said option on.or before August 15, 1977, by paying to the Department of Transportation the sum. of $45,000. The sum of $1,000 previously paid for the aforementioned option shall be credited toward the total purchase price of $46,000. (3) Said purchase, if exercised by City, shall be subject to final approval by the California Highway Commission and on approval, title will be transferred by a Director s Deed from the Director of Transportation, State of California. (4) In the event the option is exercised and the sale is not approved by the California Highway Commission, consideration for the option of $1,000 shall be refunded. (5) If said purchase is exercised and approved, the Director s Deed describing the subject parcels shall contain the following reversionary clauses; A. As to Parcel DD- 528- 01 -01; '7t is expressly made a condition herein that the.con- veyed property be used exclusively for public purposes for a period of ten (10) years from the date of this deed, that if said property ceases to be used exclusively for public purposes during this ten (10) year period, all title and interest to said property,shall revert to the State of California, Department of Transportation, and that the interest held by the grantee(s), named herein, or its /their assigns, shall cease and terminate at such time. It is understood and agreed by the .grantee(s), herein named, and its /their assigns, Owt the foregoing provision constitutes a divestiture and will cause all interest to revert in the State of California, Department of Transportation, if the conveyed property cease to be used for public purposes." Revised 7 -27 -77 B. As to Parcel DD- 528- 02 -01: "It is expressly made a condition herein that the con- veyed property be used exclusively for public purposes for a period of five (5) years from the date of this deed, that if said property ceases to be used exclusively for public purposes during this five (5) year period, all title and interest to said property shall revert to the State of California, Department of Transportation, and that the interest held by the grantee(s), named herein, or its /their assigns, shall cease and terminate at such time. It is understood and agreed by the grantee(s), herein named, and its /their assigns, that the foregoing provision constitutes a divestiture and will cause all interest to revert in the State of California, Department of Transportation, if the con- veyed property ceases to be used for public purposes." (6) Title to the land shall be free and clear of taxes but subject to covenants, conditions, reservations, and rights of way of record, if any. (7) Check for option and purchase are to be made out to the Department of :Transportation and sent to: P. 0. Box L, San Luis Obispo, CA 934064 The Department of Transportation of the State of California agrees to.the foregoing. IN WITNESS WHEREOF, this agreement is executed this day of 1977. .ATTEST: y er Approved as to fo m: WENDT, MITCHELL, INSCHEIMER, de la MOTTE & LI LEY City Attorney y Allen DEPARTMENT OF TRANSPORTATION By By Approved as. to content: ity Administratke Officer O i I _ N 0z 0 a O m N n -� pD pm D d� 0' A Z to � n p u ~ _ N N .. O N s o n ; r O - z �_ _ . -.4 1) z m v� �N° °'. m z e LA m � -- D Z m m e o C 0 �- m 41rio 's - -- LA UI -+ M .A m 1 n Ln O o O i I _ N 0z 0 a m N n -� pD pm D 0' A Z rn n r O - z �_ _ . -.4 1) z m v� �N° °'. m z m � t V �m r V ' I D oz Z D F— l 1 Ul m n, n pD pm --� --- -�-� G' -� m D O � '-1 m m z-n y Cf ) 0 V O ' d� 0 V a N O U1 O -' 2 u, 0 n 0-+w 1 D m f 0 �l I oz D Ul m n, n pD pm mp -� O>X o z-n N ate 0 X d� 0 V a N O U1 O -' 2 u, 0 n 0-+w 1 D m f 0 �l I I ►�����,�� ,;; ��` city of sAn l FINANCE DEPARTMENT —City Clerk • City Treasurer • Director of Finance Post Office Box 321 • San Luis Obispo, CA 93406 • 805/543 -7150 January 25, 1977 MEMORANDUM TO: R. D. Miller, Administrative Offic r FROM: R. C. Muravez, Finance Director SUBJECT: D.O.T. Surplus Property, Bianchi Lane / Madonna Road Relating to the proposed purchase of D.O.T. surplus property, funding is available thru use of the Capital Improvement Unallocated Reserves. There is .a current reserve balance of $49,950. As the agreement is written, there would be no relative advantage to an installment purchase. 1•Under state law we cannot commit future years revenues, therefore, the entire purchase price must be encumbered and reserved from current funds. The money would be available for cash flow purposes only and could not be applied to any other project Further if we are paying 8 %­_ and currently earning only 5.8 %, we are-on the losing end- If the purchase price of $46,000. is.appropriated from reserves; the remaining balance is reduced to $3,950. I have attached an appropriation resolution should the Council favor the purchase. NOTE FROM ADMINISTRATIVE OFFICER.: May 3, the City Council decided to purchase these properties on a three -year installment basis with no reversionary clause to the State. The State has relented on the reversionary clause for approximately one acre near Brook Street but retains the reversionary clause on the larger piece. As indicated above, the City Attorney has reminded us that, in order to enter into the installment payment contract, the City would have to appropriate the entire amount this fiscal year and restrict these funds until all installment payments were made. In our opinion, this would reduce most of the benefit to the City. We have therefore contacted. the State and asked them whether or not they would be willing to hold the price for us until next fiscal year. We have been assured that they would do this and a letter will be sent to us in the near future con- firming this. Therefore, I recommend that this purchase be referred to budget study and that the State be notified of our intention to make.a - ..cash purchase afy 1, 1977. January 18, 1977 B 1977AGENDA MEM # APPROVED ( ) DENFEO cit y of sAn tLtLq-m DEPARTMENT OF COMMUNITY DEVELOPMENT Post Office Box 321 • San Luis Obispo, CA 93406 s 805/541 -1000 MEMORANDUM; C,.4 CA ) a�aj4,2m p t (c) -17 TO.: Richard D. Miller, for Council consideration FROM: ' Paul E. Landell, Jr. RE: Purchase of Surplus Dept. of Transportation Property - located between Bianchi Lane and Madonna Road. I recently rece',t ed the sales agreements from the State for the purchase of the sur- plus land located between Bianchi Lane and Madonna Road which includes about 2,000 feet of San Luis Creek. They are willing to sell the land at the previously stipulated price and will waive the reversionary clause on the area nearest Brook Street which would be surplus to our needs upon completion of a channel modification project. This area consists of just over one acre, a piece of land which would have considerable value in the event of area redevelopment. Unfortunately, even though the concept of time payments is acceptable, they must charge interest at a rate of 8% per year on the balance prior to payment. The details are spelled out in the sales agreement. To purchase the property the Sale Agreement should be executed and the original and one copy returned along with a check made out to the Department of Transportation in the amount of $11,500. "atmoi RS r e 7%t f /oa7 rY'P o Sf i f ECY► (2/r1 S a re���rs�o� ar(� C 47u,sie 7A of �l ►sip 1 /H� Itr PEL: va / � STATE OF, CALIFORNIA— BUSINESS AND TRANSLATION AGENCY EDMUND G. BROWN JR., Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 TELEPHONE (805) 549-3111 January 17, 1977. R/W 05 -SLO- 101 -27.7 DD-528- 01 -01 DD 528- 02 -.01,. 05450 - 911038 Mr. Paul Landell; Jr. Civil Engineering Assistant II Department of Cornmunity.Development P. 0. BOX. 321 San Luis Obispo, CA 93406 Dear Mr. Landell: Attached are the original and two copies of a.Sale Agreement for State excess property located between Madonna Road and March .Street in San Luis. Obispo, as shown outlined in red on the accompanying map. The.Sale Agreement provides for a purchase price in the amount of $46,000, with an..initial down payment of $11,500. The balance is'to be paid in three years with principal payments of $11,500, plus 8 percent interest. The Director's Deed describing Parcel 528 -01 -01 shall contain the State's standard reversionary clause which.provides that_, in the event the property is used for other than public pur- poses it shall immediately revest in the State of California.. Director's Deed 528- 02 =01, entirely located within San Luis Creek, shall be conveyed to the City without any reversionary clause, as previously agreed upon. The sale is subject•to approval by Headquarters Right of-.Way with final approval by the California Highway Commission. It is anticipated.that the transaction will be approved on or, about May 1, 1977. Should you have any questions regarding this matter,-please contact me at 549 -3245. Sincerely, Donald E.- Cross Right of Way Agent Property Management Supervisor Attachments "00 XXI, 041 1*0 10 '1, -.i .. �— 00 Lots - '46-6. 528-0 i-oi FAU y U) N 0 T -in X> 0 0 4 LI 6 mr- z:; -40 le 4 -4 m M, z :0 E rn rj 0 z c En LA C) CD 0 CD 0 LA V -.i .. �— 00 Lots - '46-6. 528-0 i-oi 40 40 40 R % 11�s lots s .0 4A, 46 1.4 FAU y U) N 0 T -in X> 0 0 4 LI 6 mr- z:; -40 le 4 -4 m M, z :0 E rn 40 40 40 R % 11�s lots s .0 4A, 46 1.4 D Z r C� C o -- - - -, m U D oN m m V i O z n I r D O z m a s N D m s G) * O 4VOS - -- ON Ul -4: D1 �cn N m O o e O� O O 0I m N n O Q D -� -, Dy pm rn -4 oz D � OM m ' i7 x ()M -n3D .. o A -0 D Mr- O-4 z- N N —' O �' O O 0 LA f � Z ID ~ V m p D z n I r D O z m a s N D m s G) * O 4VOS - -- ON Ul -4: D1 �cn N m O o e "Raft a .. o A -0 0 LA f � ID ~ i� i o � A A \ z n I r D O z m a s N D m s G) * O 4VOS - -- ON Ul -4: D1 �cn N m O o e W O 2�0 l V 2 M G O Z 0- a a m tA m nv'i D °D m - � 0 K) _ n O C un WO J O 70 w m LP m 1 � 7 q 0 ' 1� V cn C7 Q N �c Q oZ .� U; n 2D mm � Z O o D 0 80�� O m r D v z 0 m Q j G EXTRACT FROM THE MINUTES OF MAY 33P 1976 -- ITEM 12 P.E. Landell, Community Development Department Employee, reported to the City Council that he met with representatives of the State Department of Transportation regarding purchase of a strip of prop- erty surplus to State needs. The property is that strip of land lying easterly of Highway 101 and San Luis Creek and Madonna.Road on the south and Bianchi.Lane on the north. This property was formerly owned by the City and was traded to the.State for land involved in the Madonna Road widening and overpass. P.E. Landell continued that the State was asking $46,,000.00 for the property and could be purchased by the City under the following conditions: 1) $1,000 down payment with balance in two equal installments of. $22,500 each on July 1, 1977 and July 1, 197& 2) City would receive a waiver of the standard reversionary clause on all. sales of State surplus property. 3) An agreement could be prepared that would allow the City to sell . land back to the State if needed by the State -at the same basic value of .$20,000 per acre. R. Strong; Community Development Director, urged the Council to pur- chase this parcel of surplus land in order to keep it out of private hands, because development would be difficult and would require coop- eration from the City. He also urged the purchase of the land in order to put more open space under.City ownership. Mayor Schwartz urged the City Council to purchase the property and strongly supported staff recommendations. He also.felt that the property must be kept out of private developers hands, due to diffi- culties of development, possible need for flood control and finally; it was a nice area for open space along the freeway.' On motion of Councilman Petterson, seconded by Councilman Norris, that the City accept the State's proposal to purchase land for $46,000, with payment in two years installments with no reversionary clause. Motion carried, all ayes. Councilman Gurnee.absent. SALE AGREEMENT DD- 528- 01 -01. DD- 528 -02 -01 SLO 101 27.7 Parcel No. o. - Rte. - P.M. For the purchase of the parcels of land outlined in red on the attached map and made a part ,hereof. The City of San Luis Obispo agrees: (1) To a purchase price in the amount of $46,000 which is to be paid as follows: A. $11,500 as initial payment to be submitted to the Department of Transportation together with the origi- nal and one copy of Sale Agreement properly executed by the City of San Luis Obispo. B. Balance of $34,500 to be paid in three (3) equal annual installments of $11,500 plus 8% interest on the balance prior to payment. Payments are to be made on the basis of the following schedule; Date of Principal Interest Total Payment Payment Payment Payment (�x8%) May 1, 1978 $11,500.00 + $2,760.00 = $14,260.00 ($23,000x8 %) May 1, 1979 $11,500.00 + $1,840.00 = $13,340.00 May 1, 1980 $11,500.00 + $920.000x8 %) _ $129420.00 (2) This sale is subject to final approval by the California Highway Commission and on approval, title will be trans- ferred by a Director's Deed from the Director of Transportation, State of California. (3) The Director's Deed shall not be recorded until final payment is made by the City of San Luis Obispo, pro- viding however, that: A. The City of San Luis Obispo shall have the right to occupancy and use of said parcels upon compliance with the provisions of (1) A above and final approval of the transaction by the California Highway Commission. B. That occupancy and use by the City of San.Luis Obispo is made upon the ex ress condition that the State of California, its officers, agents and employees are to be free from all liability and claim for damage by • s reason of any injury to any person or persons, in- cluding the City of San Luis Obispo, its officers, agents and employees or property of any kind whatsoever and to whomsoever belonging, including the City of San Luis Obispo, its officers, agents and employees, from any cause or causes whatsoever while in, upon, or in any way connected with the said parcel of land or the sidewalks adjacent thereto prior to recordation of said Director's Deed and City-of San Luis Obispo hereby covenants and agrees to indemnify and save harmless the State,. its officers, agents and employees from all liability, loss, cost, and obligations on account of or arising out of any such injuries or losses how- ever occurring. (4). -In the event the sale is not approved by the California Highway Commission, the initial payment of $11,500 shall be refunded by the State to the City of San Luis Obispo without interest. (5) In the event the City plete purchase of the payments set forth in went penalty applied shall be based at 8% of final payment.. of San Luis Obispo desires to com- property prior to the schedule of (1)B above there shall be no prepay - to early payment and interest payment of the unpaid balance at the time (6) The Director's Deed describing parcel DD- 528 -01 -01 shall., contain the following reversionary clause: "It is expressly made a condition herein that the conveyed property be used exclusively for public purposes; that.if said property ceases to be used exclusively for public purposes; all title and interest to said property shall revert to the State of California, Department of Transportation, and the interest held by the grantee(s), named herein, or its /their assigns, shall cease and-termi- nate at such time._ It is understood.and agreed by the grantee(s), herein named, and its /their assigns, that the foregoing provision constitutes a forfeiture and will cause all interest to revest in the State of California, Depart- ment of Transportation., if the conveyed property ceases to be used for public purposes." (7) Title to the land shall be free and clear of taxes but subject to covenants, conditions, reservations, and rights of way of record,, if any. (8) Checks for purchase are to be made out to the Department of Transportation and sent to P,. 0. Box L, San Luis Obispo, California 93406. ATTEST: City Clerk City of San Luis Obispo By Kenneth E. Schwartz, Mayor SALE AGREEMENT Parcel Nos.-DD- 528 -01 -01 DD- 528 -02 -01 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By Allen Grimes SLO 101 27.7 Approved as to content: City Administrative Officer £y �De._velopment1Director 7�'recio ki inah RESOLUTION NO. 3247 (1977 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN OPTION TO PURCHASE REAL PROPERTY LOCATED ALONG SAN LUIS CREEK BETWEEN BIANCHI LANE AND MADONNA ROAD FROM THE STATE OF CALIFORNIA, DEPART- MENT OF TRANSPORTATION. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. This Council hereby authorizes an option to purchase real property located along San Luis Creek between Bianchi Lane and Madonna Road from the State of California .Department of Transportation as outlined in Option to Purchase Agreement SLO -101 -27.7, a copy of which is attached hereto, marked Exhibit "A" and thereby incorporated herein. The Mayor is authorized to execute said agreement on behalf of the City. Section 2. The City Clerk is directed to furnish a copy of this Resolution, together with the executed agreement, to: State of California Department of Transportation and the City Engineer's Office. Section 3. The Director of Finance is directed to issue a warrant in the amount of $1,000 for purchase of the option. On motion of Councilman Norris ,..seconded by Councilman Petterson, and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None ktm 1/31/77 IVOLCU wu 615 R 3247 Resolution No. 3247 (1977 Series) the foregoing Resolution was passed and adopted this 1st day Of February , 1977. ATTEST-: y C1erk Approved as •:to form: . .. WENDT, MITCHEL , SINSHEIMER, de la MO1'TE & LLEY City Attorney By Allen Grimes LND Of DOCUMENT Approved as to content: eC=a&-'0 a City A inis rati Officer F nance r brtor ± voL 2026 F.,cr 616 ktm 1/31/77 Page 2 STATE OF CALIFORNIA — BUSINESS AND TRANSPORTATION AGENCY DEPARTMENT OF TRANSPORTATION P.O. BOX, L, SAN LUIS OBISPO 93406 TELEPHONE (805) 549-3111 LJ August 12,._ 1977 R /W..05 SLO- _101 -27,.7 Parcel 528 -Oi -01 Parcel- 528 -02 -01 05450 --911038 City of San Luis Obispo P..O. Box 321 San Luis Obispo, CA 934.06 Attention Mr. Jean.Fitzpatrick City Clerk_ Gentlemen: Attached is the fully executed copy:of the Option to.Purchase Agreement from the State of.,California. It will take approximately two months' before the- ,.Directorls Deed'is approved by the California Highway Commission And subsequently recorded by this office. EDMUND G. BROWN JR., Governor RECEIVED AU G 161977 CITY CLERK SAN LUIS OBISPO,. CA Thank you. for your assistance in this matter. I wish also-to personally thank Paul Landell for the time and effort he spent in the sale of -this property. Sincerely; t/Zd+ -ice Donald E. Cross. Right of Way °Agent Property Management Supervisor Attachment DD- 528 -01 -01 DD- 528 -02 -01 ParrcelNo. OPTION TO PURCHASE AGREEMENT SLO 101 27.7 Co. Rte. - P.M. For an option to purchase the parcels of land outlined in red upon the attached map and made a part hereof. The City of San Luis Obispo agrees: (1) To pay to the Department of Transportation, State of California, the sum of $1,000 for an option to purchase said parcels of property. (2) The City of San Luis Obispo shall exercise said option on or before August 15, 1977, by paying to the Department of Transportation the sum of $45,000. The sum of $1,000 previously paid for the aforementioned option shall be credited toward the total purchase price of $46,000. (3) Said purchase, if exercised by City, shall be subject to final approval by the California Highway Commission and on approval, title will be transferred by a Director s Deed from the Director of Transportation, State of California. (4) In the event the option is exercised and the sale is not approved by the California Highway Commission, consideration for the option of $1,000 shall be refunded. (5) If said purchase is exercised and approved, the Director s Deed describing the subject parcels shall contain the following reversionary clauses: A. As to Parcel DD- 528- 01 -01: 'It is expressly made a condition herein that the con- veyed property be used exclusively for public purposes for a period,of ten (10) years from the date of this deed, that if said property ceases to be used exclusively for public purposes during this ten (10) year period, all title and interest to said property shall revert to the State of California, Department of Transportation, and that the interest held by the grantee(s), named herein, or its /their assigns, shall cease and terminate at such time. It is understood and agreed by the grantee(s), herein named, and its /their assigns, that the foregoing provision constitutes a divestiture and will cause all interest to revert in the State of California, Department of Transportation, if the conveyed property cease to be used for public purposes." Revised 7 -27 -77 B. As to Parcel DD- 528- 02 -01: "It is expressly made a condition herein that the con - veyed property be-used exclusively for public purposes for a period of five (5) years from the date of this deed, that if said property ceases to be used exclusively for public purposes during this five (5) year period, all title and interest to said property shall revert to the State of California, Department of Transportation, and that the interest held by the grantee(s), named herein, or its /their assigns, shall cease and terminate at such time. It is understood and agreed by the grantee(s), herein named, and its /their assigns, that the foregoing provision constitutes a divestiture and will cause all interest to revert in the State of California, Department of Transportation, if the con- veyed property ceases to be used for public purposes Title to the land shall be free and clear of taxes but subject to covenants, conditions, reservations, and rights of way of record, if any. (7) Check for option and purchase are to be made out to the Department of Transportation and sent to: P. 0. Box L. San Luis Obispo, CA 93406. The Department of Transportation of the State of California agrees to the foregoing. IN WI ESS WHEREOF, this agreement is executed this /07� day of AU a V 1 1977 ATTEST: i i Approved as to, f WENDT, MITCHELL, de la MOTTE & LI City Attorney J DEPARTMENT OF TRANSPORTATION Deputy Distri4t/bifbktor Right of Way CI By m: Approved as to content: INSCHEIMER, ity AdministratDVe OFFIZer IF STATE OF CALIFORN A— BUSINESS AND TRAN ATION AGENCY EDMUND G. BROWN 1R., Governor DEPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 „ December 8, 1977 R /W- 05 -SLO- 101 -27.7 Parcel No. DD- 528- 01 -01, 528 -02 -01 05450 - 911038 Property Management City of San Luis Obispo P. 0. Box 321 San Luis Obispo, CA 93406 Gentlemen: Attached are a fully executed Director's DeecS conveying property recently purchased by you from the State of California. This deed has now been recorded. Sincerely, Donald E. Cross Right of Way Agent Property.Management Supervisor Attach. RECEIVED DEC 9 1977 CITY CLERK SAN LUIS OBISPO, CA D5 -1162 (1 -75)