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
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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