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HomeMy WebLinkAboutD-1045 Creek Channel Improvements Recorded 05/23/1979;Recording Requested'By: CITY OF"SAN LUIS OBISPO Wh?'i -` Recorded; Please `Return To: CITY CLERK'S OFFICE City of San Luis . Obispo P.O. Box 321 San Luis Obispo, CA 93401 DEED OF EASEMENT 069951 3 N § DOC. NO.-� OFFICIAL RECORDS SAN LUIS OBISPO CO., GAL MAY 23 1979 WILLIAM E. ZIMARIK COUNTY RECORDER rE 4 a 05- p� APN 3 -711- S ZOO Zi ZZ . SAN LUIS MILL AND LUMBER CO.,.'INC. as Grantors, hereby grant Lo the CITY OF SAN LUIS OBISPO-, a Chartered Municipal Corporation, as Grantee, the following easement in'the City of San Luis Obispo, County of San Luis Obispo,.State.of California,-to wit: A- permanent easement to maintain'„ repair, improve and enlarge the creek channel on that portion of Lots 5, 6, 7 and the southerly 49 feet of Lot 4 (measured at right angles to the southerly line of said Lot 4) of Block 147, Harf.ord Addition to the City of San Luis Obispo as shown in Map Book A, Page 123, in the office of the County Recorder of said County, lying northwesterly of the following described line: Beginning at the southeast corner. of Lot 7 of above described land; thence.NS1053'W a distance of.474 feet along the southerly line of Lot 7 to the true point of beginning; thence N26007'.E a distance of 105.15 feet; thence northeasterly in a direct line, to a point in the northerly line of the southerly 49' of Lot 4 of above described land, distant northwesterly along said described.line, 277 feet from the easterly line of Lot 4. Grantor(s) grant city right of access via driveways and parking lot areas in order to gain access to said easement. Subject to Grantor(s) use of easement area for parking and incidental uses. IN WITNESS ITHEREOF,.Grantors have hereunto caused their names to be subscribed this 27 day of April 197 . SAN LUIS MILL & L � ER CO., 1NC: `mew -- ���, -. STATE OF CALIFORNIA l COUNTY OF SAN LUIS OBISPO } SS. a On---APRIL 27, 1979 JJJ before me. d `° the undersi_ned, a Notary Public in and for said County and State, personally appeared ROY ALAN PARSONS Cv known to me to be the — President, and GERARD L. aPARSONS _ , known to me to be ii OJT _ F. P TD N_TaXXjW of the corporation that executed the within Instrument. known to me to be the persons who executed the 8 Avithin Instrument on behalf of the corporation therein named, and E. acknowled,ed to me that such corporation executed the within U instrument pursuant to its by -laws or a resolution of its board of -%� directors. U C7 Signature � - �, a o V in SAFECO FOR NOTARY SEAL OR STAMP i 1044 1 Appropriate Corporate Acknowledgement Require �- r -�-► v0�� 5r ?r�n 616 RUTH C. COOK NOTARY PUBLIC 0 SAN LUHS 08:_PO COUNTY My Commission Expires June 22, 1980 i 1044 1 Appropriate Corporate Acknowledgement Require �- r -�-► v0�� 5r ?r�n 616 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 April 27, , 1979, from San Luis Mill and Lumber Co.. Inc. 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: May 17, 1979 CITY OF/BAN LUIS OBISPO ATTEST: 001", i'tzpatrick, City Clerk ,r END OF DOCUMENI R: Cooper, , VOL2156 PAGE 617. May 7, 1979 MEMORANDUM TO: Lee Walton, City Administrator FROM: Gerald Kenny, Engr. Assoc: 11r-- SUBJECT: Agreement & Deeds for South Higuera Street Widening and San.Luis Obispo Creek Easement from San Luis Mill & Lumber Co., Inc. (U0653) Attached are a street widening agreement and grant deeds for South Higuera Street in addition to an easement deed for San Luis Obispo Creek. These conditions are requirements of Use Permit No. 0653 for remodeling of the San Luis Mill and Lumber Company facilities. As you know, the agreement is only for the acquisition of land and improvements occupied by portions of the mill and office buildings. The compensation ($60,300.00) is based on the attached memorandum dated April 5, 1978 and appraisal by Nicholson & Company dated August 3, 1978. I RECOMMEND the City Council accept the agreement, authorizing recordation of the deeds and authorize staff to prepare the plan and specifications for the widening. The work is to be done when funds are available, presumably within the next several months. GK:sh attach: Agreement & Grant Deeds (2) Creek Easement Deed Memo dated April 5, 1978 cc: H. Engen. W. Peterson G. Thacher NU { UY Al' IINISTI /\VINE OFFICE Post Office Box 321 — San Luis Obispo, CA 03406 � 'i(�!� /'.�a 1 1000 April 5, 1979 MEMO To: Wayne Peterson From: Lee Walton Subject: Negotiations for San Luis Mill Right -of -way a As you know, Mr. Ted Maino, representing the San Luis Mill owner, has rejected the original city offer for the acquisition of a 20 foot right -of -way along the Mill property. Following two meetings on the subject Mr.,Maino_ and I have tentatively agreed on the following pro- posal which would modify the city's original offer: Original Revised 1. City buys existing office building 566 sq. ft. @ $17.00 $ 9,622 1512 sq. ft. @ $17.00 $25,702 2. Land under office 20 ft. x 28 ft. @ i $3.00 sq. ft. 2,400 2,400 3. Mill building (portion) 800 sq. ft. @ $6.00 4,800 4,800 4. Land under Mill building take 800 sq. ft. @ $3.00 2,400 2,400 l Cash to.owner (19,222) 5. Cost to city for modification of office (estimate) 12,000 - r, Wayne Peterson April 5, 1979 Page 2 6. Cost to city for modification of Mill building (estimate) Cost to city (Cash to owner) Ej Original $25,000v ( g8 ) A- �. $56,222 Revised $25,000 ($60,302) Note that the revised offer increases the total cost to the city by some $4,000 but in exchange will eliminate the uncertainty of possible higher costs associated with the building modifications and unforeseen contingencies. In addition, it• avoids the city being.responsible for satisfying the.,owner. with respect to work performed by the city on his property. Mr. Maino and I also agreed on the following conditions with,respect to the proposed settlement: A.. If, as proposed,.the owner performs the required modifications to the Mill building he will not be held to a higher standard than the city would if it carried out these modifications; i.e., that he not be required to bring the en-cire building.into code conformance as part of the current work required by the city take. (.Obviously, if the owner were to change the bui'ldin'g use or pro - pose other restoration work which exceeded 50% of the assessed valuation:, then this. waiver would not apply.) E. Permit continuation'of the present zero setback. (Again,. if the building were subsequently destroyed or becomes involved in a substantial change of use, the normal conditions of approval in- cluding setbacks would apply.) C. City to complete frontage improvements as specified within a reasonable time, most certainly not within the present fiscal year. D. That building permits now pending as a result of their use permit application would be released upon acceptance of this offer. LW:mp. c.c. Henry Engen C&_3