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HomeMy WebLinkAboutD-1008 Re: San Luis Creek Recorded 01/20/1978"•_ :'r ;,CORDING REQUESTED BY •�� f� "THE CITY OF SAN LUIS OBISPO AND WHEN RECORDED MAIL TO Name Office of the City Clerk. Street P. 0. Box 32.1 kddress San Luis Obispo, CA 93406 City a State I TO 405 C :- ® E00W0,000ARECR OOC. NO. 3078 ' OFFICIAL RECORDS SAN LUIS OBISPO 00.0 0M JAN 201978 COMPARED WILLIAM E. ZIMARIK COUNTY RECORDER TIME 9 ® 00 Ali SPACE ABOVE THIS LINE FOR RECORDER'S USE AFFIX I.R.S. S - --- -------- ---- - - - - IN THis SPACE Grant Deed FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GARY H. GRANT hereby GRANT(S) to THE CITY OF SAN. LUIS OBISPO, A Municipal Corporation, its successors .and assigns forever, for public purposes, including but not limited to storm drains, utilities, landscape and other purposes the following described real property in the City of San Luis Obispo County of San Luis Obispo , State of California: See Exhibit "A", attached, Dated December 2; 1976 STATE OF CAIAFORNIA, COUNTY OF San Luis Obispo SS. On December 2, 1976__ before me, the under- signed, a Notary Public in and for said State, •personally appeared Gary H. Grant known-.to me to be the person_ whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. ( Seal) Signatur Marilyn Perry Name (Typed or Printed) Notary Public in and for said State It executed by a Corporation the Corporation Form o/ Acknowledgment must be used. Gary H, Grant �aeeneennnmeneunaeewanee�neeeennnnomeee MARILYN PERRY %.NOTAR* PUBUC —CAL IFORh7A WE 111 SAN LUIS OBISPO COUN'T'Y My Commission Expires July 20, 1979 �euee> teeneeuonnmwoueeeeaeenneeuo�casemeeeep c" 1 w - n r y y 3 °w y y fM m _ 1 r �0 r m D W Z N 0=3 m 0 m C (� O ` !� z � D 0-1 >r r m m N N m 0 r * 06 m A ;u o ^ iy Z m D a r F. m rn �I `yJ M ZM n m D 3 r N W y y Z fM m _ 1 r �0 �' 4 Z* m M N 0=3 y n m � m A O ` D 0-1 >r r m 0 F m Z m D A portion of Lots 5 and 6 in Block 8 in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map of a part of San Luis Obispo,-owned by A. Murray, recorded May 1,. 1876, in Book A, page 145 of Maps in the Office of the County Recorder of said County, and more particularly described as follows: Beginning at the Easterly corner of Lot 6 said point being on the Northwesterly right of way line of Higuera Street; Thence South 53 °02'05" West along said right of way line.a distance of 8.50 feet to a point; Thence North 36°54'18" West.a distance of 86.90 feet to the True Point of Beginning; Thence continuing North 36 °54'18" West a distance of 4.98 feet to the Westerly corner of the property in Volume 1882, page 849 of deeds; Thence North 51 °45'33" East a distance of 58.59 feet along the streamline of the creek to the Northerly corner of Lot 5; Thence South 36°54103" East a distance of 14.85 feet to a point; Thence North 36 °54'03" West a distance of 0.50 feet to a point; Thence South 61°20'59" West a distance of 59.19 feet to the True Point of Beginning. Description approved as to content: Wayne A. erson, City Engineer TPG:ktm 11/30/76 EXHIBIT "A" LYOL 20 41 PAGE 730 CERTIFICATE OF ACCEPTANCE THIS IS TO CE1 TIFY that the interest in real property conveyed i by the Grant Deed dated December 2 , 19 76 from Gary H. Grant to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official I',ecords, Page 292, 'an Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: December 10, 1976 C O SAN LUIS OBISPO l By ATTEST: Mayor Kenneth . Schwartt ',�'Ciel:k J.H. Fitzpatrick 9 LVOL2041 PAGE 731 J1 END OF DOCUMENT . RECORDING REQUESTED BY and WHEN RECORDED RETURN TO: City Clerk P. 0. Box 321 San Luis Obispo, CA 93406 DEED OF EASEMENT 0 A 129141013 ED XCARECR DOC. NO. 3 079 OFFICIAL RECORDS SAN LUIS OBISPO GO.. CAL" JAN 2 01978 COMPARED WILLIAM E. ZIMARIK COUNTY RECORDER TIME 9 s 0.0 AM J FOR A VALUABLE CONSIDERATION, receipt of which is hereby G acknowledged, GARY H. GRANT hereby grants to THE CITY OF SAN LUIS OBISPO, a Municipal Corporation, its successors and assigns forever, an easement six (6) feet in width for public use including, but not limited to, pedestrian pathway and utility purposes between Higuera Street and San Luis Obispo Creek, together with rights of ingress to and egress from said lands over which said easement is granted for the purposes herein mentioned. Said easement shall be maintained for public use for the above purposes by the owner of the fee title to the property. Said easement is described on the attached Exhibit "A ". Dated: December 2, 1976 Gary EY. Grant STATE OF CALIFORNIA I ss. COUNTY OF SAN LUIS OBISPO Cn December 2, 1976 , before me, the undersigned, a Notary .Public in and for said State, personally appeared GARY H. GRANT, known to me to be the person whose name is subscribed to the within.instn lent and acknowledged that he executed the same. WITNESS my hand and official seal. Notary Public in and for said State �emannenoueneeauneeeneuamuunpnmonn® MARILYN PERRY o NOTARY PUBLIC — CALIFORNIA PRIIICIPAL OFFICE IN Z SAN LUIS OBISPO COUNTY o My Commission Expires July 20, 1979 �eueeueeeeeneuteueeemeeeemenueeaueeeowuu�liit VOL204 PAGE 732 Easement: Pedestrian $ Utilities between Higuera Street and Creek A portion of Lot 6 in Block 8 in the City of San Luis Obispo, County of San Luis Obispo, State of California; according to the map of a part of San Luis Obispo, owned by A. Murray, recorded May 1, 1876, in Book A, page 145 of Maps in the Office of the County Recorder of said County, more particularly described as follows: Beginning at the Easterly corner of Lot 6, said point being on the Northwesterly right of way line of Higuera Street;. Thence South 53 °02'05" West along said right of way line a distance of 2.50 feet to the True Point of Beginning; Thence continuing along said right of way line a distance of 6.00 feet to a point; Thence North 36 °54'18" West a distance of 86.90 feet to a point; Thence North 61 °20'59" East a distance of 6.06 feet to a point; Thence South 36 °54'18" East a distance of 86.02 feet to the True Point of Beginning. Description approved as to content: Wayne A.��terson, Ci y Engineer V TPG:ktm 11/30/76 EXHIBIT "A" [YOL2041' PACE !33 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Deed of Easement dated December 2 19 76 , from Gary H. Grant to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No, 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official I'�ecords, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date:— December 9- 1976 • C1* OF SAN LUIS OBISPO ATTEST.:,, ;3 y c - J.H. Fitzpatrick `4 END OF DOCUMENT By Mayor - Kenneth E. Schwartz I VOL 2041 PAGE 734 r 1 01195420E EOQOO,BOCARECR RECORDING REQUESTED BY ®' THE CITY OF SAN LUIS OBISPO DOC. NO. 3077 AND WHEN RECORDED MAIL TO OFFICIAL RECORDS SAN LUIS OBISPO CO.. CAL' Nome City Clerk JAN 201978 sn.et P -: 0: Box 321 - - WILLI ARIK CitySan Luis Obispo, CA 93406 .a COUNTY RECORDER: _ state L - - nME --9 AMd SPACE ABOVE THIS LINE FOR RECORDER'S USE DEED OF EASEMENT IV - I I . F01t A VALUABLE CONSIDERA'T'ION, receipt of which is hereby acknowledged. GARY H. .GRANT hereby l'A%'ANT(S) I,t THE CITY OF SAN LUIS OBISPO, a Municipal Corporation; its successors and assigns forever, an easement of varying width for public use_ificluding., but not limited to, a pedestrian way along the banks of San Luis Obispo Creek, creek maintenance, and utilities, together with rights of ingress to and egress from said lands over which said easement is granted for the purposes herein mentioned. Said easement is described as real property in the City of San Luis Obispo, consisting of a portion of Lot 5 and Lot 6 in Block 8 in:the City of San.Luis Obispo, County of San Luis Obispo, State of California, according to the map of a part of :San Luis Obispo, owned by A. Murray, recorded May 1, 1876, page 145 in Book A of -Maps, in the Office of the County Recorder of said County, and more particularly described as follows': See attached Exhibit "All for description. Dated_ December 2, 1976 STATE OF CALIFORNIA COUNTY OF San Luis Obispo SS. On December 2,- -1976- -- -- -- .._heforr. me-, thc under- signed, a Notary Public in and for said State, personally appeared _Gam H . _Grant --------------------------- known to me to be the person_ whose name 1S subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. (Seal) Signature _ Marilyn Perry Nantc• (Typed or printed) ;Votary Public in and for said State If executed by a Corporation the Corporation Form of Acknoicledgment must be used. ,Gary lAr ant NOTARY PUBUC — CALIFORNIA PRINCIPAL OFFICE IN My Commission Expires July 20, 1979 'eu..un ........................... -- • 6 Easement: Pedestrian Way along Creek Banks Beginning at the Easterly corner of Lot 6, said point being on the Northerly right of way line of Higuera Street; Thence South 53 002105" West a distance of 8.50 feet along said right of way; Thence North 36 °54'18" West a distance of 86.90 feet to the True Point of Beginning; Thence North 61 °20'59" East 59.19 feet more or less to a point on the Northeasterly line of said Lot 5:; Thence South 36°54'03" East along said lot line a distance of 8.26 feet to a point; Thence South 53 °02'05" West a distance of 26.92 feet to a point; Thence North 36 °54'18" West a distance of 2.00 feet to a point; Thence South 53 °02'05" West a distance of 31.65 feet more or less to a point on the Southwesterly line of property described in Vol. 1882, page 849.of Official Records; Thence North 36 °54'18" West a distance of 14..82 feet to the True Point of Beginning. Description approved as to content: Wayne A. terson, City Engineer TPG:ktm 11/30/76 EXHIBIT "A" LVOL2041 PAGE 727. t • C E R T I F I C A T E O F A C C E P T A N C E THIS IS TO CERTIFY that the interest in real property conveyed by the Deed of Easement dated December 2 , 19 T6 , from Gary H. Grant to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: January 19, 1978 ATTEST: . itzpatrick, City Clerk END OF DOCUMENT CITY DF SAN LUIS OBISPO By. -%dWL'• enneth E. Schwartz, Mayor `VOL 2'J 4i PAGE 720 AGREEMENT AFFECTING REAL PROPERTY INTERESTS THIS AGREEMENT is made on the 7th day of December. 1976, by and between the CITY OF SAN LUIS OBISPO, a. Municipal Corporation, hereinafter called "City ", and GARY H. GRANT, hereinafter called "Developer." GiTTIVVFQCVTN WHEREAS, Developer desires to develop a retail and office complex at 670 Higuera Street in the City which adjoins the City's Nipomo - Higuera Street parking lot; and WHEREAS, the City desires that such a development be compatible with the Mission Plaza extension plans; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Developer agrees to grant the City a six (6) foot wide easement adjoining the Northeast edge of the City's Nipomo - Higuera Street parking lot, improved with Mission Plaza style sidewalk and landscape it to a design acceptable to City. Said easement is to run from Higuera Street:^to: the creek alignment. Developer further agrees to remove architectural pro- jections and encroachments over said easement .if and when such is required to comply with the Municipal Code in the event the City decides to develop a structure on the parking lot property. 2. Developer agrees to grant the City an eight (8) foot minimum and an average of twelve (12) foot easement along the top of the existing retaining wall at creekside across the fifty -eight (58) foot wide property and will construct the necessary improvements to structurally stabilize the retaining wall, and shall construct a deck, railing and landscaping within said easement to a design approved by the City. ktm 11/30/76 Page 1 of 3 C 3. Developer agrees to dedicate to the City the portion of property below the aforesaid retaining wall to approximately the center line of San Luis Obispo Creek (eight (8) feet by fifty -eight (58)'feet, more or less). City shall be responsible for subsequent Mission Plaza extension improvements, if any, and any future creek area modifications and maintenance. 4. Developer agrees to participate in an equitable and uniform program for development of additional downtown public parking when and if such parking program is established by the City and which is applicable to existing or new development. 5. Nothing in this'.1.agreement shall be construed to limit or preclude the City from establishing, and the Developer from being required to comply with, additional conditions and improvements associated with Architectural Review and approval, plan check for code compliance, and other special pro- visions related to construction and use, as provided in the Municipal Code. 6. Maintenance and liability shall remain the responsibility of the underlying ownership. Developer agrees to hold the City harmless of any and all claims or liability arising from any actions or events occurring on said public use easements. Developer also agrees to maintain and repair any and all improvements on said easements in a safe and acceptable condition. 7. City agrees to grant to Developer an easement fourteen (14) feet in width to be used as a "public way" as defined in Uniform Building Code Section 3301(c), which, in combination with the additional six (6) foot wide public use easement on adjacent property will provide the necessary twenty (20) feet of "public space" enabling unprotected openings in the exterior wall (UBC 2003 B) and a reduced fire resistive time period for the same exterior wall (UBC 2003.A,.#3) along the Northeast portion of the City's parking lot property from Higuera Street to the creek alignment. The Mayor is authorized to execute.such a.deed of easement on behalf of the City. rev.ktm 12/2/76 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year above written. DEVELOPER: Gary H. Grant STATE OF CALIFORNIA ss. COUNTY OF SAN LUIS OBISPO On December 2, 1976 , before me, the undersigned, a Notary Public in and for said State, personally appeared GARY H. GRANT, known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. WITNESS my hand and official seal. (Seal) ���uv�nemeuenwau ®�e�ur�se�0 MARILYN PERRY Maril Pert NOTARY PUBLIC - CALIFORNIA.. Yn Y E FRINC:.DAL OFC -!CG 114 S E SAN Lids OBLSPO COUNTY Notary Public in and for said State R. My Commission Expires MY 20, 1979 - - - -- -- ---------s ATTEST: Clerk Approved as to form:. WENDT, MITCHELL, SINSHEIMER, de la MOTTE $ LI LEY City Attorney 1 en Grimes ktm 11/30/76 Approved as-to content: GA�ng� City Administrative 0 er Page 3 of 3 Recording requested by GARY H. GRANT When recorded, mail to: GARY H. GRANT 813 Meinecke Street San Luis Obispo, CA 93401 DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF SAN LUIS OBISPO, a Municipal Corporation, hereby grants to GARY H. GRANT, an individual, an easement fourteen (14) feet in width to be used as a "public way" as defined in Uniform Building Code Section 3301(c), which, in combination with the additional six (6) foot wide public use easement on adjacent property provides the necessary twenty (20) feet of "public space" enabling unprotected openings in the exterior wall (UBC 2003 B) and a reduced fire resistive time period for the same exterior wall (UBC 2003 A, #3) over the following described real property in the City of San Luis Obispo, County of San Luis Obispo, State of California: Said easement is described on the attached Exhibit "A ". Said easement shall be revoked on the occurrence of either of the following events: (A) Grantee does not construct a building, the design of which requires the easement area, on or before January 1, 1979; or (B) Alters or changes any such building so constructed so that it complies with the provisions of the Muni ipal Code without such easement. • �r TO 449 C (Corporation) .•- �:•, >� �.Z� . -4 �+► -. o_*ta�� STATE -OF CALIFORNIA ennet E . Schwartz,'--Mayor COUNTY OF San Luis Obispo SS. - January 20, 1978 0" before me, the under - si ned, a N to P li in and for said State, personally appeared ennet�i ciwartz - -- - -- W known to me to be the MayOr_ NY4RIY4, and X J. H. Fitzpatrick — — — — — kn wn to me to be munic" City Clerk �of th� corporati.D t at executed the F within Instrument, known to me to b r�pp{{LL���vho executed the m within Instrument on behalf ��q{arph tF�erein named, and acknowI d ed to me that such �hbbh } } } }} one executed the within instru- ment pursuant to its b�fil41ii9AA��Iq�tWi�ai WITNESS my hand a 1. MARILYN PERRY (Seal) NOTARY PUBLIC — CALIFORNIA Signature PRINCIPAL OFFICE IN liari ry Na le (74A0MmMftIF *Pees July 20, 1979 V,.,•,�v I• tt11/ 1t111tAFMt�1M4�11��1�4�ttt�����t��uu�utttttl W� A portion of Lot 6 in Block 8 of a part of San Luis Obispo, owned by A. Murray, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map filed for record May 1, 1876, in Book "A" page 145 of Maps in the Office of the County Recorder of said County, described as follows: Beginning at the Easterly corner of Lot 6, said point being on the Northerly right of way line of Higuera Street; Thence South 53002'05" West a distance of 8.50 feet along said right of way to the Southerly corner of the property in Volume 1882, page 849 of Official Records and being the True Point of Beginning; Thence continuing along said right of way a distance of 14.00 feet to a point; Thence North 36054118" West a distance of 93.00 feet more or less to the stream line of San Luis Obispo Creek as it existed in October, 1976; Thence, in a Northeasterly direction along said creek streamline a distance of 14.00 feet more or less to the Westerly corner of the property described in Volume 1882 at page 849 of Official Records; Thence South 36054'18" East to the True Point of Beginning. Description approved as to content: Wayne A. erterson, City Engineer TPG:ktm 11/30/76 EXHIBIT "All RESOLUTION NO. 3186(1976 Series,) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND GARY H. GRANT. FOR EXCHANGE OF EASEMENTS ADJACENT TO THE NIPOMO- HIGUERA STREET PARKING LOT AND SAN LUIS OBISPO CREEK FOR THE.CONSTRUCTION OF,THE PHOENIX BUILDING. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy.of.which is on file in the Office of the .City Clerk,. between the City and GARY H. GRANT, entitled "Agreement Affecting Real Property Interests" for exchange of easements adjacent to the Nipomo- Higuera Street Parking Lot and San Luis Obispo Creek for construction of the Phoenix Building is hereby approved and the Mayor is authorized to execute same. 2. The City Clerk shall furnish a copy of this Resolution together with a..copy of the agreement approved by it to; Gary H. Grant and the Community Development Department On motion of Councilman Graham seconded by Councilman Gurnee. and on the following roll call vote: AYES: Councilmen Graham,.Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT. None the foregoing.Resolution was.passed and adopted this 7th day of December 19 76. ATTEST: e r Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY A Professional Corporation I City Attorney By Allen Grimes -.i