HomeMy WebLinkAboutD-1127 Higuera Street Widening Recorded 01/15/1982RLUMING KLQULSYLU BY:
IRST AMERICAN TITLE INSURANCE CO ;WY
OrdeeN_o.
dEscr&v No. SLO 821271 SF
Loan No.
WHEN RECORDED MAIL TO:
CITY OF SAN LUIS OBISPO
Post Office Box 321
San Luis Obispo, California 9340(p
Attention: Jerry Kenny
MAIL TAX STATEMENTS TO:
Same as above
4
• 850
DOC. NO. 1865 '
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAL
JAN 151982
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME 8: O O AM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DOCUMENTARY TRANSFER TAX :X- ...... :
.0 R
. CAE
......Computed on the consideration or value of property conveyed; OR
...... Computed on the consideration or value less liens or encumbrances
4Aain �g at time of�
Jc...1CJ ESCROW OFFICER
Signature of Declaratff or Alifent determining tax — Firm Name
For: First American Title Insurance Companv
GRANT DEED fiPN" -j- '7// —U3
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, AMALIA MORABITO, a widow
who acquired title as AMALIA MORABITO, a married woman as her sole and separate property;
hereby GRANT(S) to CITY OF SAN LUIS OBISPO, a Chartered Municipal Corporation
the real property in the City of San Luis Obispo',
County of San Luis Obispo State of California, described as
The easterly 20 feet of the northerly 128 feet of Lot 8, Block 147 of the Harford Addition
to the City of San Luis Obispo as shown in Map Book A, at page 123 in the office of the
San Luis Obispo County Recorder as measured at right angles to the easterly line of said
LOt 8.
Dated January 6, 1982
STATE OF CALIFORNIA ]
COUNTY OF ss.
San Luis Obispo ]
On- January 6, 1982
before me, the undersigned, a Notary Public in and for said
State, personally appeared
Amalia Morabito
known to me to be the person — whose name 1' S
subscribed to the within instrument and acknowledged that
She executed the same.
WN M20A , 1�� "_4V
M ' ' MORABITO
OFFICIAL SEAL.
EDITH HORNACfAY
NOTARY PUBLIC-CALIFORNIA
SAN LUIS OBISPO COUNTY
WITNESS my ha d and official seal. M.WtM1• expires FEB. 10, 1984
Signature (This area for official notarial seal)
1002(10/69)
MAIL TAX STATEMENTS AS DIRECTED ABOVE VOL 2382PIGE?23 5 /! cl'7
51 AIMEk'f
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First American Title Insurance Company
114 EAST FIFTH STREET, (P. O. BOX 267) SANTA ANA, CALIFORNIA 92702 • (714) 558 -3211
A subsidiary of The First American Financial Corporation
C E R T I F I C A T E O F A C C`E P TA N C E
THIS IS TO CERTIFY that the interest in real property conveyed by
the Grant Deed
dated January 6, 1982 from Amnlin Mornbitn
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 of his agent..
Date: January 12, 1982
ATTEST:
Pame a Voges, ty Cleyk
END ®F DGCUENT
CITY. OF SAN LUIS OBISPO
VOL2382PAGE224
Ca A M E R I •
Form No.11084 (10/73) • C
California Land Title Association
Standard Coverage Policy Form
Copyright 1973y
POLICY OF TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TITLE
INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of Policy
shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs,
attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by said
insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein:
2. Any defect in or lien or encumbrance on such title;
3. Unmarketability of such title; or
4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street
or highway if the land, in fact, abuts upon one or more such streets or highways;
and in addition, as to an insured lender only:
5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that
such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage
and is based upon
a. usury, or
b. any consumer credit protection or truth in lending law;
6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being
shown in Schedule B in the order of its priority; or
7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in
Schedule B.
IN WITNESS WHEREOF, First American Title Insurance Company has caused this policy to be signed and sealed by its
duly authorized officers as of Date of Policy shown in Schedule A.
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*Lz SEPTEMBER 24,
-rA c r A R
B1 752349
First American Title Insurance Company
BY PRESIDENT
ATTEST y... G, . SECRETARY
1. DEFINITION OF TERMS
The following terms when used in this policy
mean:
(a) "insured ": the insured named in Schedule
A, and, subject to any rights or defenses the Com-
pany may have had against the named insured,
those who succeed to the interest of such insured
by operation of law as distinguished from purchase
including, but not limited to, heirs, distributees, de-
visees, survivors, personal representatives, next of
kin, or corporate or fiduciary successors. The term
"insured" also includes W the owner of the indebt-
edness secured by the insured mortgage and each
successor in ownership of such indebtedness (re-
serving, however, all rights and defenses as to any
such successor who acquires the indebtedness by
operation of law as described in the first sentence
of this subparagraph (a) that the Company would
have had against the successor's transferor), and
further includes (ii) any; governmental agency or
instrumentality which is' an insurer or guarantor
under an insurance contract or guaranty insuring or
guaranteeing said indebtedness, or any part thereof,
whether named as an insured herein or not, and
(iii) the parties designated in paragraph 2 (a) of
these Conditions and Stipulations.
(b) "insured claimant ": an insured claiming
loss or damage hereunder.
(c) "insured lender ": the owner of an insured
mortgage.
(d) "insured mortgage ": a mortgage shown in
Schedule B, the owner of which is named as an in-
sured in Schedule A.
(e) "knowledge ": actual knowledge, not con-
structive knowledge or notice which may be im-
puted to an insured by reason of any public records.
If) "land ": the land described, specifically or
by reference in Schedule C, and improvements af-
fixed thereto which by law constitute real property;
provided, however, the term "land" does not in-
clude any area excluded by Paragraph No. 6 of
Part I of Schedule B of this Policy.
(g) "mortgage ": mortgage, deed of trust,
trust deed, or other security instrument.
IN "public records ": those records which by
law impart constructive notice of matters relating
to the land.
2. la) CONTINUATION OF INSURANCE
AFTER ACQUISITION OF TITLE BY
INSURED LENDER
If this policy insures the owner of the indebt-
edness secured by the insured mortgage, this policy
shall continue in force as of Date of Policy in favor
of such insured who acquires all or any part of the
estate or interest in the land described in Schedule
C by foreclosure, trustee's sale, conveyance in lieu
CONDITIONS AND STIPULATIONS
(iii) the amount paid by any governmental
agency or instrumentality, if such agency or instru-
mentality is the insured claimant, in acquisition of
such estate or interest in satisfaction of its insur-
ance contract or guaranty.
(b) CONTINUATION OF INSURANCE
AFTER CONVEYANCE OF TITLE
The coverage of this policy shall continue in
force as of Date of Policy, in favor of an insured so
long as such insured retains an estate or interest in
the land, or owns an indebtedness secured by a pur-
chase money mortgage given by a purchaser from
such insured, or so long as such insured shall have
liability by reason of covenants of warranty made
by such insured in any transfer or conveyance of
such estate or interest; provided, however, this
policy shall not continue in force in favor of any
purchaser from such insured of either said estate or
interest or the indebtedness secured by a purchase
money mortgage given to such insured.
3. DEFENSE AND PROSECUTION OF
ACTIONS — NOTICE OF CLAIM TO BE
GIVEN BY AN INSURED CLAIMANT
(a) The Company, at its own cost and without
undue delay, shall provide for the defense of an
insured in litigation to the extent that such liti-
gation involves an alleged defect, lien, encum-
brance or other matter insured against by this
policy.
(b) The insured shall notify the Company
promptly in writing (i) in case of any litigation as
set forth in (a) above, (ii) in case knowledge shall
come to an insured hereunder of any claim of title
or interest which is adverse to the title to the estate
or interest or the lien of the insured mortgage, as
insured, and which might cause loss or damage for
which the Company may be liable by virtue of this
policy, or (iii) if title to the estate or interest or the
lien of the insured mortgage, as insured, is rejected
as unmarketable. If such prompt notice shall not
be given to the Company, then as to such insured
all liability of the Company shall cease and termi-
nate in regard to the matter or matters for which
such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the
rights of any such insured under this policy unless
the Company shall be prejudiced by such failure
and then only to the extent of such prejudice.
(c) The Company shall have the right at its
own cost to institute and without undue delay
prosecute any action or proceeding or to do any
other act which in its opinion may be necessary or
desirable to establish the title to the estate or inter-
est or the lien of the insured mortgage, as insured;
and the Company may take any appropriate action,
whether or not it shall be liable under the terms of
this policy, and shall not thereby concede liability
or waive any provision of this policy.
of foreclosure, or other legal manner which dis-
charges the lien of the insured mortgage, and if such
interest or the lien of the insured mortgage, as in-
sured, including but not limited to executing cor-
rective or other documents.
4. PROOF OF LOSS OR DAMAGE —
LIMITATION OF ACTION
In addition to the notices required under Para-
graph 3 (b) of these Conditions and Stipulations, a
proof of loss or damage, signed and sworn to by the
insured claimant shall be furnished to the Com-
pany within 90 days after the insured claimant
shall ascertain or determine the facts giving rise to
such loss or damage. Such proof of loss or damage
shall describe the defect in, or lien or encumbrance
on the title, or other matter insured against by this
policy which constitutes the basis of loss or dam-
age, and, when appropriate, state the basis of
calculating the amount of such loss or damage.
Should such proof of loss or damage fail to
state facts sufficient to enable the Company to
determine its liability hereunder, insured claimant,
at the written request of Company, shall furnish
such additional information as may reasonably be
necessary to make such determination.
No right of action shall accrue to insured
claimant until 30 days after such proof of loss or
damage shall have been furnished.
Failure to furnish such proof of loss or damage
shall terminate any liability of the Company under
this policy as to such loss or damage.
5. OPTIONS TO PAY OR OTHERWISE SETTLE
CLAIMS AND OPTIONS TO PURCHASE IN-
DEBTEDNESS
The Company shall have the option to pay or
otherwise settle for or in the name of an insured
claimant any claim insured against, or to termi-
nate all liability and obligations of the Company
hereunder by paying or tendering payment of the
amount of insurance under this policy together
with any costs, attorneys' fees and expenses in-
curred up to the time of such payment or tender
of payment by the insured claimant and authorized
by the Company. In case loss or damage is claimed
under this policy by the owner of the indebtedness
secured by the insured mortgage, the Company shall
have the further option to purchase such indebted-
ness for the amount owing thereon together with
all costs, attorneys' fees and expenses which the
Company is obligated hereunder to pay. If the
Company offers to purchase said indebtedness as
herein provided, the owner of such indebtedness
shall transfer and assign said indebtedness and the
mortgage and any collateral securing the same to
the Company upon payment therefor as herein
provided. Upon such offer being made by the
Company, all liability and obligations of the Com-
pany hereunder to the owner of the indebtedness
secured by said insured mortgage, other than the
obligation to purchase said indebtedness pursuant
to this paragraph, are terminated.
insured is a corporation, its transferee of the estate
or interest so acquired, provided the transferee is
any action or interposed a defense as required or
permitted by the provisions of this policy, the
6. DETERMINATION AND PAYMENT OF LOSS
the parent or wholly owned subsidiary of such in-
Company may pursue any such litigation to final
(a) The liability of the Company under this
sured; and in favor of any governmental agency or
determination by a court of competent jurisdiction
policy shall in no case exceed the least of:
instrumentality which acquires all or any part of the
and expressly reserves the right, in its sole discre-
estate or interest pursuant to a contract of insur-
tion, to appeal from any adverse judgment or order.
(i) the actual loss of the insured claimant;
ance or guaranty insuring or guaranteeing the in
9 tY 9 9 9
debtedness secured by the insured mortgage. After
le) In all cases where this policy permits or re-
quires the Company to prosecute or provide for
or
(ii) the amount of insurance stated in
any such acquisition the amount of insurance here-
under, exclusive of costs, attorneys' fees and ex-
the defense of any action or proceeding, the in-
Schedule A, or, if applicable, the amount of in-
surance as defined in paragraph 2 (a) hereof: or
penses which the Company may be obligated to
sured hereunder shall secure to the Company the
right to so prosecute or provide defense in such
(iii) if this policy insures the owner of the
pay, shall not exceed the least of:
action or proceeding, and all appeals therein, and
indebtedness secured by the insured mortgage, and
(i) the amount of insurance stated in
permit the Company to use, at its option, the name
provided said owner is the insured claimant, the
Schedule A;
of such insured for such purpose. Whenever re-
amount of the unpaid principal of said indebted-
quested by the Company, such insured shall give
ness, plus interest thereon, provided such amount
(ii) the amount of the unpaid principal
the Company, at the Company's expense, all reason-
shall not include any additional principal indebted -
of the indebtedness plus interest thereon, as deter-
able aid (1) in any such action or proceeding in
ness created subsequent to Date of Policy, except
mined under paragraph 6 (a) (iii) hereof, expenses
effecting settlement, securing evidence, obtaining
as to amounts advanced to protect the lien of the
of foreclosure and amounts advanced to protect
witnesses, or prosecuting or defending such action
insured mortgage and secured thereby.
the lien of the .insured mortgage and secured by
or proceeding, and (2) in any other act which in
(b) The Company will pay, in addition to any
said insured mortgage at the time of acquisition of
such estate Gr�nterest in the land; or •desirable
the opinion of the Company may be necessary or
to establish the title to the estate o0posed
loss insured against by this policy, all costs im-
upon an insured in litigation carried on by
(Continued on inside back cover)
Form N,o. A •
CLTA Standard dard Coverage Policy •
Copyright — 1973
SCHEDULE A Ind. FA 11
Total Fee for Title Search, Examination
and Title Insurance $ 169.50
Amount of Insurance: $ 25,000.00 Policy No. SLO- 821271 SF
Date of Policy: January 15, 1982 .at 8:00 a.m..
1. Name of Insured:
CITY OF SAN LUIS OBISPO, a Chartered Municipal Corporation
2. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF SAN LUIS OBISPO, a Chartered MunicipalL Corporation
3.. The estate or interest in the land described in. Schedule C and which is covered by this policy is:
A- FEE -
Form No. 1056 -4
All Policy Forms
SLO- 821271 SF
SCHEDULE C
The land referred to in this policy is-situated in the State of California
County of San. Luis Obispo and is described as follows:
The Easterly 20 feet of the Northerly 128 feet of Lot 8, Block 147 of the
Harford Addition to the City of San Luis Obispo, in the City of San Luis
Obi.spo, County of San Luis Obispo, State of California, as shown in Map
Book A, at Page 123 in the office of the San Luis Obispo County Recorder
as measured at right angles to the Easterly line of said Lot 8:
• INDORSEMENT •
Attached to Policy No. SLO- 821271 SF
Issued by
First American Title Insurance Company
The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional
monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said- Policy to the contrary, the amount of insurance provided by said
Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to
the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Indorsement, to be 12:01 a. m. on the first January 1 which
occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Indorse-
ment is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maxi-
mum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the
terms of this Indorsement) by the same percentage, if any, by which the United States Department of Commerce
Composite Construction Cost Index (base period 1967) for the month of September immediately preceding ex-
ceeds such Index for the month of September one year earlier; provided, however, that the maximum amount of
insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less
the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, re-
duces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for
years in which there is no increase in said Construction Cost Index.
4. In the settlement of. any claim against the Company under said Policy, the amount of insurance.in force shall be
deemed to be the amount which is in force as of'the date on which the insured claimant first learned of the
assertion or possible assertion of,such claim, or as of the date of receipt by the Company of the first notice of
such claim, whichever shall first occur.
Nothing herein contained shall be construed as extending or changing the effective date of said Policy.
This indorsement. is made a part of said Policy and is subject to the schedules; conditions and stipulations therein, except
as modified by the provisions hereof.
First American Title Insurance Company
BY PRESIDENT
BY
ASSISTANT SECRETARY
MARCUS HARMON
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SEPTEMBER 24, �
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NOTE: In connection with a future application for title insurance covering said land, reissue credit on premium charges
(if applicable at all) will be allowed only upon the original face amount of insurance as stated in Schedule A of said Policy.
FA — 11 (9- 30 -74)
Owner Inflation
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06ONDITIONS AND STIPULATION
(Continued from inside front cover)
the Company for such insured, and all costs,
attorneys' fees and expenses in litigation carried
on by such insured with the written authorization
of the Company.
(c) When the amount of loss or damage has
been definitely fixed in accordance with the con-
ditions of this policy, the loss or damage shall be
payable within 30 days thereafter.
7. LIMITATION OF LIABILITY
No claim shall arise or be maintainable under
this policy (a) if the Company, after having received
notice of an alleged defect, lien or encumbrance in-
sured against hereunder, by litigation or other-
wise, removes such defect, lien or encumbrance or
establishes the title, or the lien of the insured mort-
gage, as insured, within a reasonable time after
receipt of such notice; (b) in the event of litigation
until there has been a final determination by a
court of competent jurisdiction, and disposition of
all appeals therefrom, adverse to the title or to the
lien of the insured mortgage, as insured, as pro-
vided in paragraph 3 hereof; or (c) for liability
voluntarily admitted or assumed by an insured
without prior written consent of the Company.
8. REDUCTION OF INSURANCE; TERMINA-
TION OF LIABILITY
All payments under this policy, except pay-
ment made for costs, attorneys' fees and expenses,
shall reduce the amount of the insurance pro tanto;
provided, however, if the owner of the indebtedness
secured by the insured mortgage is an insured here-
under, then such payments, prior to the acquisition
of title to said estate or interest as provided in
paragraph 2 (a) of these Conditions and Stipula-
tions, shall not reduce pro tanto the amount of the
insurance afforded hereunder as to any such in-
sured, except to the extent that such payments
reduce the amount of the indebtedness secured
by such mortgage.
Payment in full by any person or voluntary
satisfaction or release of the insured mortgage shall
terminate all liability of the Company to an insured
owner of the indebtedness secured by the insured
mortgage, except as provided in paragraph 2 la)
hereof.
9. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of
insurance under this policy, as to the insured owner
of the estate or interest covered by this policy, shall
be reduced by any amount the Company may pay
under any policy insuring (a) a mortgage shown or
referred to in Schedule 8 hereof which is a lien
on the estate or interest covered by this policy,
or (b) a mortgage hereafter executed by an insured
which is a charge or lien on the estate or interest
described or referred to in Schedule A' and the
amount so paid shall be deemed a payment under
this policy. The Company shall have the option to
apply to the payment of any such mortgage any
amount that otherwise would be payable hereunder
to the insured owner of the estate or interest cov-
ered by this policy and the amount so paid shall be
deemed a payment under this policy to said insured
owner.
The provisions of this paragraph 9 shall not
apply to an owner of the indebtedness secured by
the insured mortgage, unless such insured acquires
title to said estate or interest in satisfaction of said
indebtedness or any part thereof.
10. SUBROGATION UPON PAYMENT OR
SETTLEMENT
Whenever the Company shall have paid or
settled a claim under this policy, all right of sub-
rogation shall vest in the Company unaffected by
any act of the insured claimant, except that the
owner of the indebtedness secured by the insured
mortgage may release or substitute the personal
liability of any debtor or guarantor, or extend or
otherwise modify the terms of payment, or re-
lease a portion of the estate or interest from the
lien of the insured mortgage, or release any
collateral security for the indebtedness, provided
such act occurs prior to receipt by such insured
of notice of any claim of title or interest adverse
to the title to the estate or interest or the priority
of the lien of the insured mortgage and does not
result in any loss of priority of the lien of the in-
sured mortgage. The Company shall be subrogated
to and be entitled to all rights and remedies which
such insured claimant would have had against any
person or property in respect to such claim had this
policy not been issued, and the Company is here-
by authorized and empowered to sue, compromise
or settle in its name or in the name of the insured
to the full extent of the loss sustained by the Com-
pany. If requested by the Company, the insured
shall execute any and all documents to evidence
the within subrogation. If the payment does not
cover the loss of such insured claimant, the Com-
pany shall be subrogated to such rights and reme-
dies in the proportion which said payment bears to
the amount of said loss, but such subrogation shall
be in subordination to an insured mortgage. If loss
should resultfrom any act of such insured claimant,
such act shall not void this policy, but the Com-
pany, in that event, shall as to such insured
claimant be required to pay only that part of any
losses insured against hereunder which shall exceed
the amoun*, if any, lost to the Company by reason
of the impairment of the right of subrogation.
11. LIABILITY LIMITED TO THIS POLICY
This instrument together with all endorse-
ments and other instruments, if any, attached here-
to by the Company is the entire policy and con-
tract between the insured and the Company.
Any claim of loss or damage, whether or not
based on negligence, and which arises out of the
status of the lien of the insured mortgage or of the
title to the estate or interest covered hereby, or
any action asserting such claim, shall be restricted
to the provisions and conditions and stipulations of
this policy.
No amendment of or endorsement to this
policy can be made except by writing endorsed
hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an
Assistant Secretary, or validating officer or author-
ized signatory of the Company.
No payment shall be made without producing
this policy for endorsement of such payment un-
less the policy be lost or destroyed, in which case
proof of such loss or destruction shall be furnished
to the satisfaction of the Company.
12. NOTICES, WHERE SENT
All notices required to be given the Company
and any statement in writing required to be fur-
nished the Company shall be addressed to it at its
home office at 421 North Main Street, Santa Ana,
California, 92701, or to the office which issued
this policy.
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AGREEMENT
THIS AGREEMENT made and entered into this 17th day of November ,
1981, by and between ANGELO.MORABITO AND JAMES MORABITO (hereinafter called
"Grantors "), and the CITY OF SAN LUIS OBISPO, a Municipal Corporation
(hereinafter called "City ").
WITNESSETH:
In consideration of the mutual benefits, promises and agreement
set forth herein, the parties hereto agree as follows:
1. Grantors shall convey to the City 2560 square feet (0.05.9
acres), more or less, lying along Hi,guera Street as described and
delineated -,on- .the-.attached.•Exhibit A.
2. City agrees to remove existing curb, gutter, and sidewalk
and to install.new curb, gutter, and sidewalk to accommodate the new
street alignment created by the conveyance. Driveway ramps shall be
provided to accommodate the subject property.to satisfaction of Grantor
and in accordance with City standards. _
3. City agrees to pay Grantors.twenty -five thousand dollars
($25,000).as total compensation upon delivering an executed deed and
any required reconveyances. Any title and escrow fees shall be paid
by City.
4. City agrees to-relocate existing sign (or new sign.supplied.
by Grantors)within acquisition.area to location desired by Grantors,
in accordance with a sign permit to be acquired by Grantors.
5. City will provide all necessary.engineering, relocate
utilities and-drainage improvements as necessary, and pave out the
street to the new gutter.
6. City will require provisions in its contract for reasonable
access to Grantors' property at all times during construction and to
provide for coordination between the contractor, the City, and
Grantors to minimize disruption of Grantors' business operations.
7. By virtue of taking, and minimized setback of existing
building, City agrees and covenants with present and.future owners of
this property that no future remodel, improvement, modification or
replacement of existing or new buildings shall be denied by reason of
existing or future setbacks regardless of valuation of work without
just compensation to owner of record.
8. Grantors shall not be unreasonably denied the right to
install revised entrance improvements, nor shall City begin construction
of any widening activity prior to said revised entry improvements
being completed provided Grantors complete said work within 30 days
of agreement of parties or any extensions approved by City.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST:
City Clerk Pamela) oges
APPROVED:
City Administrativ Officer
Adz 2 1
City Attorney.
-,,City ' ginee,r
GRANTORS:
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RESOLUTION NO. 4671 (1981 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND ANGELA AND JAMES MORABITO
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 Angela and James Morabito 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 Angela and James Morabito
located at 208 Higuera Street, San Luis Obispo, California 93401.
On motion of Councilman Settle., seconded by Councilwoman Davey
and on the following roll call vote:
AYES: Councilmembers Settle, Dovey, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted-,this 17th day of November
1981.
k1'�
0 MELANIE C. BILLIG
ATTEST:
CITY r LERK PAMELA V GES
•
APPRO D:
City Administrative/,Officer
City
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/ R 4671
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• MEETING AGENDA l
DATE NOV IT 11 ITEM
A G E N D A R E P O R T
TO `City Administrative Officer
,BY•::� ,- Wayne A. Peterson
City Engineer
SUB )ECT
Higuera Street Widening, North of South Street
FOR COUNCIL. MEETING OF: November 17, 1981
ACTION REQUESTED: Approve Resolutions
RECOHMENDATION
Approve resolutionsauthorizing the Mayor to.sign the two attached agreements
with Peter Lee.and Paul Lee, and Angela and James Morabito.
DISCUSSION
Approximately two years ago the City entered into an agreement with San Luis
Mill and Lumber for the acquisition of right -of -way from the front of their
property and the reconstruction of the curb, gutter, sidewalk and paveout of
the street. Since that time we have talked to the property owners to the
south - the Morabito's who own Paul's Laundry and the Lee's who own Peking
Palace Restaurant.., We already own the right -of -way in front of the auto parts
store.
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t In March, 1981 we had a general land value appraisal of the property prepared
by Schenberger, Taylor & Associates and based on that we have negotiated with
both property owners for the acquisition of twenty feet of right -of -way across
.y the front of their properties.
In summary, each of the property owners will dedicate to the City the front
twenty -feet of their lots and acquire the'proper sign permit.for relocation of
their present signs or the installation of a new sign. In exchange for that,
the City will pay each of them $25.,000, relocate their curb, gutter and sidewalk
in front of their property,.relocate utilities, pave out the street, and in
the case of the Lee's, relandscape the front twenty feel of the property in a
manner similar to what is there at this time.
(see next page)
1. Resolution (Lee)
2. Agreement:-'. (Lee) -... "
3. Resolution ( Morabito)
(attachments) 4. Agreement ( Morabito)
BUDGET IMPACT
23- 4872 -BlO - $60,000 for street widening
$55,000 for right -of- way /landscaping
c.c. Dave Romero �� ��
City Administrative Officer
November 17, 1981
Page Two
Approve Resolution
I estimate that the cost to set the curbs back into their correct location
and to repave the street as we did in front'of Kimball Tires willcbe
$60,000. This does not create the final street cross section, but rather an
interim one that would be acceptable until such time as the street is widened
south of South Street and we can use the full street for traffic. The estimate
does not include the undergrounding of the telephone cables on the west side
of the street. We have seen an estimate from Pacific Telephone for that work
in the amount of $50,000 plus the cost incurred by the property owners to tie -in.
The major undergrounding is on the east side involving PG &E.
I would recommend at this time that we only set the telephone poles back at
the new curb-line until such time as the entire section of.Higuera Street from
the end of the current underground district at Marsh and Higuera Street
and Madonna Road is undergrounded at one time.
04.4;L