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HomeMy WebLinkAboutD-1195 Tract 858 Recorded 05/14/1985RECORDING REQUESTED By- City- Clerk AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTH WISE SHOWN BELOW. MAIL TAX STATEMENTS TO: r � NAME City Clerk ADDRESS City of San Luis Obispo CITY .TA TE ° p. 0. Box 8100 STA Z'" L San Luis Obispo, CA 93403 -8100 Title Order No. Escrow No. • Doc, N00263 79 OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL MAY 14 1985 FRANCI$ M, COONEY County Cw*- Remorder TIME 213 0 PM 7,'-22`_! 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED APN No. 67- 221 -13 The undersigned declares that the documentary transfer tax is 8 .................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 ........... Saa.U_.Lu s„ Obispo----------------------------------------------- - - - - -- and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the undersigned, BUENA TIERRA, a general partnership, ESTATE OF LIEONARD BLASEK and ROBERT BAKER. hereby GRANT(S) to THE CITY OF SAN LUIS OBISPO the following described real property in the City of San Luis Obispo county of San Luis Obispo , state of California: SEE EXHIBIT "A" FOR COMPLETE LEGAL DESCRIPTION. BUENA TIERRA, a General Partnership 0 By By By By By Fre ur By Jam E. Johnson CITY Dates May 3, 1985 /1�1 ATTEST: STATE OF CALIFORNIA COUNTY OF Sari Luis Obispo 1 SS. On December 20, 1984 before me, the under - signed, a Notary Public in and for said County and State, personally appeared Robert Baker known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same. LA a na a of Notary t1A 'Robert Baker 2 Executor for Estate of Leonard Blasei _OF SAN LUIS OBISPO C. BILLJ&; : °V! CIXY CLERK PAMELA a FOR NOTARY SEAL OR STAMP OFFICIAL SEAL"', , + BEVERLY J. ECYCE . •� NOTARY PUBLIC - CALIFORNIA ' s PRINCIPAL OFFICE IN SAN LUIS OBISPO COUF,'TY u„ rnmmiRnion Expires Nov 1, 1985 ------ Assessor's Parcel No. --- 6 7 - 2 21 -1------3 ------------ - - - - -- MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE , City of San T.,;c nh P.O- Rnx 321, San Luis Obispo, Ca. 93406. Name Street Address City & State CAL -1 (Rev. 3-79) von ? 4 QacE 1.01. w} Jz �a a O O" W U� wa LL Cr QW U) Z w } o W 0 a w O �a cc Q j c Q W H o Wo U m o W W O U U LL W 0 Q U Uz z a� U U U W Q LL ¢ = ¢ 0 a ~ Q cl) a O U) ? z a I� w } W o v Q z JQ � cc Q j Q o V o H . w 0 " m U ,L W OU LV LL U w W Q U U 0 ~ W < LL cc 0 v Q i Q !n a O CO ? Z a w} Jz �_ a H O O" W U� LLa: Qv crj? ! T • •:7 �•41A' ?rr�a , EXHIMIT •"A'" Portions of Lot 56 in Rancho Canada de Los Osos y La. Laguna as per map recorded in Book 'A at Page'84 of Maps on file at the San Luis Obispo County Recorder's office, said parcel all being contiguous with the southerly right of way of Prefumo Canyon Road as shown on Page 50 of Parcel Maps book 17 on file'in said Recorder's office,'and more particularly described as follows: PARCEL 1. CO=Mncing at the westerlymost corner of Parcel 4 of said Parcel M:ap 17PM50, thence in an easterly direction along the south boundary of said parcel 491.7 feet to a point, thence, leaving said south boundary S14 016' W 40.00 feet to a point on the s'outh•line of said Prefumo Canyon Road and the true point of beginning, thence, along said south line S750441E 200.00 feet to a point, thence, S14 16 W 40.00 feet to a point thence,' N75 °441W 200.00 feet to a point thence N140161E 40.00 feet to the true point of beginning. PARCEL I. Conanencing at the westerlymost corner of parcel 4 of Parcel Map 17PH50, thence, in an easterly direction along the south boundary of said parcel 1331.7 feet to a point, thence, leaving said south boundary and running S430399W, 40.00 feet to a point on the south line of Prefumo Canyon Road and the true point of beginning, thence, along said south line of Prefumo Canyon Road S460211E, 20.00 feet to a point, thence, S43• °39'W,•30.00 feet to a point, thence, N46021'W, 20.00 feet to a point, thence, N430391E, 30.00 feet to the point of beginning. PARCEL 3. Commencing at the westerlymost corner of parcel 4 of Parcel Map 17FX50, , thence, in an easterly direction along the south boundary of said parcel 1481.7 feet to a point, thence,' leaving said south boundary and running S43 °391W, 40.00 feet to a point on the south line 'of Prefumo Canyon Road and the true point of beginning. thence, along said south line of Prefumo Canyon Road S460211E, 20.00 feet to a point, thence, 843°39'W, 70.00 feet to a point, thence N46021'W, 20.00 feet to a point, thence,' N43 °3918, 70.00 feet to the 'paint of beginning. RECORDERS MEMO: POOR REPRODUCTION DUE TO QUALITY OF ORIGINAL DOCUMENT. nr VOL 2 107 PAGE 102 M {�t11r• . , STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO) On this day of 198.x; before me, a notary public, personally appeared RICHARD 0. WEBSTER, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed.this instrument', on behalf of the partnership and acknowledged to me that the partnership executed it. Official Seal DORIS M. EECKHOUT' NOTARY PUBLIC - CALIhuRNIA SAN LUIS OBISPO COUNTY My Commission Expires OCTOBER 25, 1986 STATE OF CALIFORNIA' ) COUNTY OF SAN LUIS OBISPO) Notary Public for the State of California My Commission Expires: �9�� ss. On this 7 day of 198, before me, a notary public, personally a peared GERALD B. PETERSON, personally known tome, or proved to me on the basis of satisfactory evidence, to be the person who executed this instrument, on behalf of the partnership and acknowledged to me that the.partnership executed it. E.Or, OFFICIAL SEAL Maureen Y. Christensen Notary Public for the. State NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN Of California . (J� SAN LUISOBISPOCOUNTY My Commission Expires:(U��j My Commission Expires Dec. 20, 1985 T STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO) On this day of 1980; before me, a notary public, personally 4peared GERALD W. PETERSON, personally known'to me, or proved to me on the basis of satisfactory.evidence, to be.the person who executed this instrument, -on behalf of the partnership and acknowledged, to me that the partnership executed it. , OFFICIAL SEAL ' Maureen Y. Christensen = NOTARY PUBLIC-CALIFORNIA Nota y Public f r the State z PRINCIPAL OFFICE IN G SAN LUIS OBISPO COUNTY o f Ca l i O r n i a i My Commission Expires My Commission Expires Dec. 20, 1985 �r- STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO) On this ,� 2e day of 198 , before me, a notary public, personally ppeared DONALD G. PARKER personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it. Official Seal DORIS M. EECK.HOUT 1 r�.�...•.. - (.ALirUi(NIA NOTARY PUBLIC SAN L»IS OBISPO COUNTY d My Commission Expires F OCTOBER 25, 1986 Notary. Public for. the State of California My Commission Expires: 0- Y5- VOL 2707 PAGE 103 m CL m N "1 m v c Y �o 5 in a c co QN m opwcuu TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF San Luis Misp0 SS. On this the 21st day of December 1904, before me the undersigned, a Notary Public in and for said County and State, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same. SigrL7 -- &fire of Notary FOR NOTARY SEAL OR STAMP OFFICIAL SEAL ~f s maureen Y. Chrlstetis =" ¢~ NOTARY PUBLIC - CALIFORNIA u ,off c PRINCIPAL OFFICE IN SAN LUIS OBISPO COUNTY My Commission Expires Dec. 20� 185 S'L'ATE OF CALIFOR*N L ) COUNTY OF SAN LUIS OBISPO On thisp'��, day of , 1985 before me, a notary public, personally a peared JAMIES E. JOHNSON, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person who executed this instrument, on behalf of the partnership and acknowledged to me that the partnership executed it. Official Seal DORIS M. EECKHOUT m m NOTARY PUBLIC - CAL1rORNIA SAN LWIS OBISPO COUNTY I My Commission Expires OCTOBER 25, 1986 Notary Public for the State of California My Commission Expires: l� o7S STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO) y: On this day of 1985, before me, a notary public, personally a peared FRED BAUR, personally known to me, or proved to me on the basis.of satisfactory evidence, to be the person who executed this instrument, on behalf of.the partnership and acknowledged to me that the partnership executed it. Notary 4Puic for the State of California My Commission Expires:_ /" j STATE OF CALIFORNIA ). ss. COUNTY OF SAN LUIS OBISPO) On this day of , 1984, before me, a notary oublic,.p.ersonally appeared LEONARD BLASER, personally known to me, or proved.to me on the basis of satisfactory • evidence, to be the person whose.name is subscribed in tliis instrument, and acknowledged that he executed it. Notary'Public for the State of California - . My Commission Expires: S'EATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO) CiG . On this Q day of , 1984, before me, a notary public, personally appeared.ROBERT BAKER, personally known to me, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed in this. instrument, and acknowledged that he executed it. C� Notary Pu_ i for the tate .,•• �f O7OFFICE L of California. BEVEYCE My Commission Expires: NOTARY IFORNIA PRIN IN SAN LUIUNTY 4y Commission Expire985 VOL 2707PAGE104 • • 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 May 3 , 1985, from Richard Webster, Fred Baur, Gerald B Peterson, Gerald W Peterson Donald Parker, James Johnson, Robert Baker & Rebecca Blaser 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: CITY OF SAN LUIS OBISPO 4: END OF DOCUMENT VOL 2 707 PAGE 105 AGREEMENT THIS AGREEMENT is entered into this '`3rd day of 1985,, by and between BERNARD H. DUVENECK and ELIZABETH S. DUVENECK, hereinafter "Subdivider ", the CITY OF SAN LUIS OBISPO, hereinafter the "City ", BUENA TIERRA, a general partnership, hereinafter "Buena Tierra ", ESTATE OF LEONARD BLASER, he " Blaser", and ROBERT BAKER, hereinafter "Baker ". Witnesseth: WHEREAS, Subdivider is the owner of that certain real property in the City of'San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as Tract 858 and shown on a final map approved by the San Luis Obispo City Council on the 17th day of July, 1984; and WHEREAS, Buena Tierra, Blaser and Baker are the .owners of real property located directly across Prefumo Canyon Road from Tract 858; and WHEREAS, the City requires Subdivider to make certain improvements concerning drainage and road widening in connection with the subdivision of Tract 858 and these improvements necessarily involve the real property located across Prefumo Canyon Road, owned by Buena Tierra, Blaser and Baker; and WHEREAS, it 'is the intent of Buena Tierra, Blaser and Baker to grant a fee interest in a portion of their property to the City, as particularly described in the Grant w 1 ! Deed attached hereto as Exhibit "A ", in connection with the improvements required for the subdivision of Tract 858. NOW, THEREFORE., for and in consideration of the mutual covenants set forth below, the parties hereto agree . as follows: 1. For and in consideration of the granting of a fee interest to the City, in that certain real property particularly described in Exhibit "A" hereto, Subdivider agrees to pay Buena Tierra, Blaser and Baker the sum of SIX THOUSAND FOUR HUNDRED DOLLARS ($6,400). 2. The City and Subdivider acknowledge that Buena Tierra, Blaser and Baker are granting the'City a fee interest in their real property, rather than an easement, for purposes of insulation from any potential liabilities which may arise during both the construction and permanent operation of those improvements to be placed on their property, in connection with the subdivision of Tract 858. Subdivider and the City therefore agree to absolve Buena Tierra, Blaser and Baker of any liabilities which may arise in connection with the improvements to be performed. Subdivider shall maintain f total responsibility for any and all liabilities which may arise during the construction phase of the projected improve- ments. Upon completion of construction of the improvements, the City shall then assume any and all responsibility for those liabilities which may arise in the future. 3. The City hereby acknowledges that Buena Tierra, Blaser and Baker's current divestment of a fee interest in -2- 0 s their real property will in no way preclude them from making future application to the City for gaining direct access from their real property, onto Prefumo Canyon Road. Any such application will, however, be subject to normal develop- ment approvals. 4. Buena Tierra, Blaser and Baker agree that they shall individually and collectively execute any and all docu- ments necessary to effectuate the transfer of a fee interest in the subject properties (described in Exhibit "A ") to the City. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement on the date first above written. BUENA TIERRA A General Partnership ESTATE OF LEONARD BLASER By ROBERT BK—KEfF -3- SUBD RNARD H. DUVENECK ELIZABETH S. DUVENECK A' SAN LUIS OBISPO i ' 'l C ` po�i"T r Melanie 4C._ Billig ity Clerk Pamelqllyoges v