HomeMy WebLinkAboutD-1061 Orcutt Rd. Widening Recorded 10/03/1979W
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( Partnership) �
STATE OF CALIFORNIA
COUNTY OF
SAN LUIS OBISPO SS.
On June 25, 1979
before me, the undersigned, a Notary Public in and for said State, personally appeared JERRY
HOLLAND and GARRY HOLDGRAFER
known to me
to be tWO ( 2) of the partners of the partnership
that executed the within instrument, and acknowledged to me
that such partnership executed the same.
WITNESS my hand and official seal.
Signature `�' �• "��"�"'
Lisa R. Wenter
Name (Typed or Printed)
® �BBH® EE90I➢ OOZ Ql�i9lOQ99890B68E9F6820t�80B0iBiCBY80 [B�
LIMA. INENTER
NOTARY PUBLIC — CALTORNIA
PF.,NCIPAL OFFICE IN
SAN LUIS OBISPO COUNTY
My Commisslon Exp1rer. April s, 19132
��soateca�asessoesaae >leeeeaaaeasasesssssasoesea :eases
VOL 2190PAGE 1836
(This area tor'offieial notarial seal)
a
RECORDING REQUESTED: • 08054$ 3• 000000.00CARkV.
AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHER. 45484
ANISE SHOWN BELOW, MAIL TAX STATEMENTS TO: j. NO.
OFFICIAL RECORDS
NAME F City Clerk SAN LUIS OBISPO CO., CAL
ADDRESS City of San Luis Obispo OCT 3 1979
CITY a P.O. Box 321 WILLIAM E. ZIMARIK
STATE
ZIP San Luis Obispo, CA 93406
L_ COUNTY RECORDER
- ; 4 5
Title Order No. Escrow No. - TIME --- pM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
APN 53 -201 -7
GRANT DEED
The undersigned declares that the documentary transfer tax is $ .......... Nil and is
❑ computed on the full value of the interest or property conveyed, or is
❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land,
tenements or realty is located in
❑ unincorporated area
® city of .......... San.. Ll 1. 7. S ... Ob- i- SAQ...................................................... and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
T.B.D. ENTERPRISES, a California general partnership,
hereby GRANT (S) to
the CITY OF SAN LUIS OBISPO, a municipal corporation,
the following described real property in the San Luis Obispo
county of San Luis Obispo , state of California:
That portion of the Orcutt Subdivision as recorded in
Map Book I, Page 12 of Licensed Survey Map in the
Office of the County Recorder as follows:
(1) The southerly 22 feet of Lots 1 and 2 of the Orcutt
Subdivision.
(2) That particular area of Lot 1 bounded by: the northerly
line of the above described area prescribed in (1) above;
the easterly line of Lot 1; and a curve having a radius
of 20 -feet and being tangent to the above described lines,
as shown on attached Exhibit A.
Date — L-5�,, cl
STATE OF CALIFORNIA
COUNTY OF } SS.
On before me, the under.
signed, a Notary Public in and for said County and State, personally
appeared
, known to me
to be the person whose name _subscribed to the within
instrument and acknowledged that executed the same.
Signature of Notary
T.B.D. ENTERPRISES
By
HOLLAND, Partner
By:
GARRY OLDGRAFF rtner
FOR NOTARY SEAL OR STAMP
Assessor's Parcel No- -------- --- --------------------- - - - - --
MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE
Name Street Address City & State
L -1 (G.S.) (Rev. 4 -75) 8 pt.
VOL 2190NGE dolt)
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VOL 2190PaGE 837
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 Grant Deed
dated June 25, 1979, from T.B.D. Enterprises
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: October 2, 1979
ATTEST:
LUIS OBISPO
J itzpatrick', City Clerk
Of oo Eff von 2190piGE 838
May 29, 1979
MEMORANDUM
TO:
FROM:
SUBJECT:
n]
1970LGEN -A ITEM ## C� ✓'�
city of sAn lui�-(om
COMMUNITY DEVELOPMENT DEPARTMENT
Post Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000
Lee Walton, City Administrator
Wayne A. Peterson, City Enginee
Orcutt Road Widening Agreement and Deeds from
T.B.D. Enterprises ( Orcutt Rd & McMillan Ave)
Transmitted is a widening agreement for the north side of Orcutt Road
between the old Pacific Coast Railroad R/W (PCRR) and McMillan Avenue,
together with 2 grant deeds.
The agreement is in compliance with the Municipal Code and provides that
the developer of existing lots of record install frontage improvements
and the City paves out to the new gutter line in exchange for the
dedication of 22 -feet of property for street purposes. The City is
responsible for widening the bridge when funds are available. In lieu
of installing the frontage improvements where the bridge widening is
required, the T.B.D. Enterprises must deposit an amount equal to
twenty ($20.00) dollars per linear foot for use by the City when the
bridge widening occurs.
This widening of Orcutt Road is definitely necessary since it is a major
arterial and upon acquisition of one more parcel, (PCRR) which the owner
has tentatively agreed to dedicate, the entire northerly half of Orcutt
Road between Broad Street & McMillan Ave. will be fully improved.
I recommend that the City Council approve the attached agreement and cause
the deeds to be recorded, in addition to directing staff to prepare plans
and specifications for the bridge widening.
GK::sh
attach: Agreement
2 grant deeds
cc: HE
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AGREEMENT
This Agreement (hereinafter "Agreement "), is entered into between
the City of San Luis Obispo, a municipal corporation (hereinafter "City "),
and T.B.D. Enterprises, a California general partnership (hereinafter
T.B.D. "), on the following terms and conditions.
TJT rrXTU C C V MTJ .
WHEREAS, it is in the public interest and in the best interests of
the City to acquire title to the area being dedicated by deed at no cost
to the City, so that the City'can further implement its street widening-
policy,
NOW, THEREFORE, in consideration of the following mutual.benefits,
agreements and promises set forth herein, the parties agree as follows:
1. The City will., at its expense, paveout and widen Orcutt Road,
consistent with City road standards, adjacent to and directly in .front of
Lots 1 and -2 of the Orcutt Subdivision, as more fully described in
Exhibits "A "' & "B ", attached hereto, to the gutter line after the frontage
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improvements have been installed.
2. The City will, pursuant to standards to be prepared by City at
City's sole discretion, at its expense, widen the bridge adjacent to
said property, make necessary improvements and repairs to the water
distribution system adjacent to said property, perform whatever work it
deems necessary to expand or maintain the creek adjacent to said property
and will install any necessary or required drop inlets on or adjacent to
said property. City shall not be obligated to perform any of such work
until funds are available and have been appropriated by the City Council.
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STATE OF CALIFORNIA
COUNTY OF
San Luis Obispo jss.
On May 30. 1979 before me, the undersigned, a Notary Public in and for
said State, personally appeared Jerry Holland and Garr/ Hol dgraffer
known to me to be the partners of the partnership
that executed the within instrument and acknowledged to me that
such partnership executed the same.
WITNESS my hand and official seal.
Signature a Ann lac mazzi
Name (Typed or Printed)
0 ;, ALICIA ANN GI ACOMAIII
., k ± _ NOTARY PUBLIC
SAN LUIS OBIS ?0 CC�JNTY
=y <<
C4L1E!�4N'A
P Commission- Expires Fe1bruary.2,1980
(This area for official notarial seal)
i
3. T.B.D. will, at its expense, install curbs, gutters, and sidewalks
adjacent to and directly in front of said.Lots 1 and 2.
4. Upon demand by City, T.B.D. will post a deposit with City in lieu
of frontage improvements across the creek, in an amount to be determined,
based upon twenty ($20.00) dollars per lineal foot.
5. T.B.D. will grant to City a construction easement for bridge work
and creek modifications in conjunction therewith prior to commencement of
work.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement.
effective. June 7 , 1979.
ATTEST:
C' C1 J.H. Fitzpatrick
(Notary)
CITY OF SAN LUIS OBISPO
T.B.D. ENTERPRISES
BY: ,
er Holland, Partner
BY.:
Ay graffe rtner
EXHIBIT "A'
Orcutt. Road Property, known as Lots 1 &'2 as
shown on the map entitled "Map of the Orcutt
Subdivision in the City of San Luis Obispo,
County of San Luis Obispo, State of California,
surveyed by N. Dettrich June 19, 1894, recorded
in Book 1, page 19 of Records of Survey in the.
office of the County Recorder of said County.
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7
RESOLUTION NO. 3867 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND
T.B.D. ENTERPRISES FOR WIDENING OF ORCUTT ROAD.
BE IT RESOLVED by the Council. of the City of San Luis Obispo as follows:
SECTION 1. That certain agreement, attached hereto marked Exhibit "A"
and incorporated herein by reference, between the City of San Luis Obispo and
T.B.D. Enterprises for widening of Orcutt Road at McMillan Avenue
is hereby approved and the Mayor is authorized to execute the same.
SECTION 2. The City Clerk shall furnish a copy of this resolution
and a copy of the executed agreement approved by it to: T.B.D. Enterprises
and the City Engineer.
On motion of Councilman Dunin seconded by Councilwoman Billig ,
and on the following roll call vote:
AYES: Councilmembers Billig, Dunin, Jorgensen, Bond and Mayor'Cooper
NOES: None
ABSENT: None
the.foregoi.ng Resolution was passed and adopted-this 5th day of June
1979..
s/LYNN R. COOPER
Mayor-Lynn R. Cooper
ATTEST:
s /J.H. FnPATRI
City Clerk J.H. Fitzpatrick R 3867
•
Approved as to form:
City Attorney
•
Approved as to content:
City Admininstrative Officer