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?
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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
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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
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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)