HomeMy WebLinkAboutD-1219 San Luis Mall Recorded 09/25/1985- Recording Request By
and When Recorded.
Mail To:
City Clerk
City of San Luis
P.O..,-.Box 810 0
San Luis Obispo,
Obispo
CA 934.03 -8100
DW. NO 05.1719
OFFICIAL RECORDS
SM LUIS 05ISPO CO., CAL
SEP 2 5 1985
FRANCIS M. COONEY
County Clerk- Recorder
TIME 3:40 PM
IRREVOCABLE & PERPETUAL
OFFER TO DEDICATE
8 .00
7 .00
APN# 67= 120 -20
THIS OFFER TO DEDICATE, made the 12th day of
September , 19 8.5 , by ERNEST DALIDIO, SR., a married
man, CLARA_ B, DALIDIO, and THELMA PEROZZI, a married woman, of
the County of San Luis Obispo, State of California, herein-
after termed
Offeror:
WHEREAS, said Offeror desires to make an offer to dedicate,
irrevocably, to the public, an easement for public road purposes,
which offer may be accepted at any time by.any governmental entity
which has the power to establish, construct, and maintain roads.
NOW, THEREFORE, said Offeror covenants and promises as follows:.
1. That said Offeror is the owner of the following interest
described below:
See Exhibit "A" attached.
2. That said Offeror does hereby irrevocably and in perpetuity
offer to such governmental entity a dedication of a public right -of-
way for road purposes and incidental uses upon the following described
property:
See Exhibit "A" attached.
3. That until such time as the above offer of dedication is
accepted by such a government entity, all owners of property contiguous
to the above described road parcel shall have the right to the use of
said road parcel as a private road.
4. That said Offeror agrees that said offer of dedication shall
be irrevocable and that such a government entity may, at any time in
the future, accept said offer of dedication of the public right -of -way.
5. That said Offeror agrees that this irrevocable and perpetual
Offer to Dedicate is and shall be binding on his successors and
assigns.
IN WITNESS WHEREOF, this Offer to Dedicate is hereby
executed by the said Offeror on the day and year first above written.
ERNEST DALIDIO, SR.
12ef.
CLA�RA -B. DALIDIO
THELMA PEROZ.Z
t
VOL 2753 ma PS V
L
i .
EXHIBIT "A"
s
j
That portion of Lot "K" of the Resubdivision of Lots 58, 61, 62,
63, 64 and 65 per J.T. Stratton's survey and map of the Subdivision
of the Ranchos Canada de Los Osos and La Laguna, in the County of
San Luis Obispo, State of California, according to the map filed
for record on January 30, 1875, in Book A, Page 161 of Maps, in the
Office of the County Recorder of said county, more particularly
described as follows:
A 60 foot wide strip of land lying southwesterly of and
contiguous with the Northeast line of aforesaid Lot "K ", said
strip also being bounded by the Southeast right -of -way of the 60
foot Madonna Road and the centerline of the drainage easement per
Exhibit "D ", 1442 O.R. 310.
VOL 2 ( 53 PAGE J8.9
9
IF •
STATE OF CALIFORNIA. )
) ss.
COUNTY OF SAN LUIS OBISPO )
On this the /g 7k day of , 19E6,
before me the undersigned, a Notary Public in and for said
County and State, personally appeared ERNEST DALIDIO, SR.,
CLARA V. DALIDIO and THELMA PEROZZI, personally known to me
or proved to me on the basis of satisfactory evidence to be
the persons whose names.are subscribed to the within instru-
ment.and acknowledged that they executed the same.
0 OFFICIAL SEAL
LORENA J. TARDIFF
NOTARY PUBUC•CAUFORWA
SAN UAS OBISPO COUNTY
My Comm, Expires Aug. 21,1989
Notary _'. /
VOL 2753 PAGE i90
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
Irrevocable & Perpetual'Offer to Dedicate
dated September 12 1985, from Ernest Dalidio, Sr.,
Clara Dalidio & Thelma Perozzi
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. 5370 (1984 Series), recorded
June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo
County, California, and the Grantee consents to recordation thereof by its
duly authorized officer or his agent.
Date. .5 5F g
CITY OF SAN LUIS OBISPO
.,,..., _.r..., City lerk
Pain ;1q'' oges ,
END OF DOCUMENT VOL 2753PAGE191
AGREEMENT FOR DEDICATION
THIS AGREEMENT is entered into and effective as of
September,
this 12th day ofd, 1985, by and between ERNEST DALIDIO,
SR., a married man, CLARA B. DALIDIO, and THELMA PEROZZI, a
married woman, as Tenants -in- Common (hereinafter collectively
referred to as "OWNERS "), and WILLIAM L. BIRD and MARILYN L.
BIRD, husband and wife (hereinafter collectively referred to
as "BIRD "), and SAN LUIS BONIFACE AFFILIATES, a California
limited partnership (hereinafter "SAN LUIS BONIFACE"), and
the CITY OF SAN LUIS OBISPO, a California municipal corpora-
tion (hereinafter "the CITY ").
RECITALS
WHEREAS, OWNERS own that certain parcel of real
.property and right -of -way associated therewith, located in
the City of San Luis Obispo, County of.San Luis Obispo,
California, and more particularly described in Exhibit "A"
attached hereto and incorporated by this reference;
WHEREAS, BIRD is" the owner of that certain real
property and SAN LUIS BONIFACE has an interest in a portion
of said property located in part along the northeasterly
boundary of OWNERS' real property described in Exhibit "A ".
The properties owned by BIRD and SAN LUIS BONIFACE are more
particularly described in Exhibit "B" attached hereto and
incorporated by this reference;
• •
WHEREAS, the right -of -way associated with the
property of OWNERS set forth in Exhibit "A" has been partially
improved and such improved portion is more commonly known as
"Zozobra Lane ". This improved right -of -way is indicated on
the diagram attached hereto as Exhibit "C ", and such exhibit
is incorporated herein by this reference. Zozobra Lane is
indicated on Exhibit "C ", as it currently exists in relation
to the above - described properties of BIRD, SAN LUIS BONIFACE
and OWNERS.
WHEREAS, BIRD and SAN LUIS BONIFACE are currently
in the process of developing the real property set forth in
Exhibit "B ". In connection with such development, it shall
be necessary for BIRD and SAN. LUIS BONIFACE to further
improve Zozobra Lane as indicated on Exhibit "C ". The
improvements of Zozobra Lane to be undertaken by BIRD and
SAN LUIS BONIFACE are indicated on Exhibit "C" as an area of
cross - hatched lines.. In order for BIRD and.SAN LUIS BONIFACE
to undertake the above - described improvements of Zozobra
Lane, it is first necessary for OWNERS to dedicate their
existing ownership rights in the Exhibit "A" property to the
CITY for roadway purposes. OWNERS have agreed to do this in
exchange for the mutual covenants contained herein.
NOW, THEREFORE, in consideration of the promises,
respective representations, covenants and agreements hereafter
contained, and for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,
the parties jointly and severally agree as follows:
-2-
s
AGREEMENT
0
1. OWNERS hereby agree to dedicate for roadway
purposes all ownership rights they maintain now, or may
maintain in the future, in that certain property, consisting
of both improved and unimproved portions of real property,
located in the City of San Luis Obispo, California, and
indicated on Exhibit "A" attached hereto. OWNERS agree to
dedicate said right -of -way for roadway purposes to the CITY
contemporaneously with the execution of this Agreement and
to execute all documents which may be necessary to complete
this transfer.
2. BIRD agrees to use his best efforts towards
having the CITY rename Zozobra Lane to "Dalidio Drive ", at
such time as the subject right -of -way has been dedicated to
the CITY. BIRD represents that he has had.prior discussions
with the CITY concerning this matter and that no opposition
to this proposal has been encountered to date.
3. If OWNERS shall develop (as hereafter defined)
its real property described in Exhibit "D" within ten (10)
years from the date of this Agreement, BIRD agrees to pay
for fifty percent (50 %) of all "necessary costs" needed to
install a thirty two foot wide roadway on OWNERS' property
between points "A" and "B" as shown on Exhibit "E attached
hereto and incorporated herein. BIRD'S obligation to share
in the costs of any such roadway is expressly conditioned
upon the requirement that any roadway improvements which
-3-
[7
BIRD shares the cost of shall run parallel and immediately
adjacent to the common and contiguous boundary of the real
property owned by BIRD and SAN.LUIS BONIFACE and described
in Exhibit "B" and OWNERS' real property described in Exhibit
"D ", such common boundary being indicated on Exhibit "E"
attached hereto and incorporated by this reference. Exhibit
"F" attached hereto and incorporated herein by reference
shows Zozobra Lane as it will look after BIRD has completed
the street.improvements required for the development of the
property owned by BIRD.
a. For purposes of this Agreement, the term
'develop" shall mean an improvement for commercial,
residential, industrial or governmental use of OWNERS'
property described in Exhibit "D ", contiguous to BIRD
and SAN LUIS BONIFACE's property described in Exhibit
"B ", and consisting of a minimum parcel size of five
(5) acres. Any such improvement shall be "developed"
only at such time as approval of any and all development
plans has been obtained from the CITY, all necessary
permits have been issued and construction of the improve-
ments thereon is substantially complete. It is the
intention of the parties that it is not necessary for
OWNERS to complete construction of all structures on
their property in order for it to be "developed ",
however it is necessary for there to be more than a
development plan. There must be on -site improvements
including roads, curbs, gutters, walks, utilities and
-4-
the like actually installed on OWNERS' property in
order for the property to be considered "developed."
The term "develop" shall exclude, however, any improvement
of the real property described in Exhibit. "D ", by or on
behalf of BIRD or SAN LUIS BONIFACE, for purposes of
creating additional parking for the improvements to be
located on BIRD's or SAN LUIS BONIFACE's real property.
b. For purposes of this Paragraph 3, "necessary
costs" refers to those costs to be shared.equally by BIRD
and OWNERS and shall be limited to those expenses
required for the .installation of curbs, gutters, pavement
and outside walks for the agreed length of the subject - thirty
two foot wide roadway as well as costs involved in
spanning the drainage ditch with the new roadway on
OWNERS' property.
C. The parties agree that the CITY maintains
a beneficial interest in the subject matter of this
Agreement. Further, the parties agree that the CITY
shall have the right, but not the obligation, to enforce
any or all of the provisions of this Agreement, as they
may relate to the preservation of public rights -of -way
which may be improved or constructed pursuant to the
terms of this Agreement, and indicated on Exhibits "C"
and "E" hereto.
4. BIRD shall pay for fifty percent (50%) of all
necessary costs of improvement required to be paid by OWNERS
for the installation of an entrance and exit ramp from the
southbound lanes of U.S. Highway 101, to the real property
-5-
of OWNERS described in Exhibit "D" as well as fifty percent
(50 %) of the cost of any roadway leading from said ramp in a
reasonably direct manner to the BIRD property if, and only
if, such ramp and roadway.is constructed within ten (10)
years from the date hereof. Any obligation of BIRD to
contribute towards the construction of such a ramp and roadway
is shall be further expressly conditioned.upon the fact that
any entrance and exit ramp to be constructed shall provide
reasonably direct access to BIRD's property and the improvements
to be constructed thereon. Nothing in this paragraph shall be
construed as obligating OWNERS to construct such a ramp or
roadway. This Agreement shall never be construed., expressly or
by implication, as obligating OWNERS to grant any easement rights.
For example, OWNERS may elect to construct such improvements and
not grant any right -of -way or easement to the BIRD/ SAN LUIS
BONIFACE property in which case BIRD /SAN LUIS BONIFACE shall not
be required to make any of the contributions set forth in this
Paragraph 4.
5. In accordance with the Agreement of Limited
Partnership of SAN LUIS BONIFACE, SAN LUIS BONIFACE is
responsible for a pro rata portion of the cost of certain on
and off-site-improvements for the mall facility to be developed
by BIRD. The pro rata responsibility maintained by SAN LUIS
BONIFACE for such improvements is twenty -one and one -half
percent (21.5 %) of the total costs incurred. The right -of-
way improvements referred to in Paragraph 3 hereof, and the
U. S. Highway 101 entrance and exit ramp and roadway referred
to in Paragraph 4 hereof, if constructed, shall be considered
mall facility off -site improvements, for which SAN LUIS
-6-
BONIFACE shall reimburse BIRD twenty -one and one -half percent
(21.5 %) of the fifty percent (50 %) share of such improvement
costs BIRD may incur hereunder.
6. The parties readily acknowedge the fact that
they have entered into this Agreement of their own accord
and for legitimate business reasons. Each party warrants
that it has in no way coerced or forced the other into
reaching the terms of this Agreement or in executing the
same, and no representations of any facts to the contrary
shall be made to any person or entity.
7. The parties agree that a Memorandum of Agreement
may be recorded in the Office of the County Recorder, San
Luis Obispo County, California. Such Memorandum shall
evidence the rights and obligations created hereunder, and
shall be intended to place all.third parties on notice of
the same. The parties agree, and the Memorandum of Agreement
shall recite the fact, that the obligations herein shall be
a covenant running with'the land and shall.bind any successors
in interest to BIRD and shall benefit any successors in interest
to OWNERS..
8. The following general provisions shall be
applicable.to this Agreement:
a. Notice: Any written notice to any of the
parties hereof shall be deemed to have been duly given
on the date of service, served personally on the party
to whom notice is to be given, or on the fifth day
after mailing, if mailed to the party to whom notice is
to given, by first class or air mail, postage prepaid,
and addressed as follows:
-7-
LJ
IF TO OWNERS:
c/o Ogle, Gallo and Merzon **
P.O. Box 720
Morro Bay,.CA 93442
IF T0. BIRD:
510 South Grand Avenue
Suite 300
Glendora, CA 91740
IF TO SAN LUIS BONIFACE:
P.O. Box 189
Avila Beach, CA 93424
IF TO CITY:
City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
C�
** With copy to:
Thelma Perozzi
1806 Corralitos Ave.
San Luis Obispo, CA 93401
If the address of a party should change after the
execution of this Agreement, such party shall provide
written notice to the remaining party of such change.
and address, and the notice provisions contained in
this provision shall apply to such new address.
b. Governing Law: This Agreement is executed
and intended to be performed in the State of California,
and the laws of that State shall govern its interpretation
and effect.
C. Successors: This Agreement shall be
binding on and inure to the benefit of the respective
successors, assigns, and personal representatives of
the parties.
d. Construction: The language in all parts
of this Agreement shall be construed according to its
fair meaning and not strictly for or against any of the
parties hereto.
e. Agreement and Counterparts: This Agreement,
or any amendment hereto, may be executed in multiple
counterparts, each of which shall be deemed an original
agreement, and all of which shall constitute one.(1)
agreement by each of the parties hereto on the dates
respectively indicated in the acknowledgements of said
parties, notwithstanding that all of the parties are
not signatories to the original or the same counterpart.
The Agreement shall be effective as of the date first .
written above.
f. Time: Time is of the essence with respect
to this Agreement.
g. Additional.Documents: Each party shall
perform any further acts and execute and deliver any
documents which may be reasonably necessary to carry
out the provisions of this Agreement, including, but
not limited to, providing acknowledgement before a
notary public of any signature heretofore or hereafter
made by a party.
h. Validity: Should any portion of this
Agreement be declared invalid and unenforceable, then
such portion shall be deemed to be severable from this
Agreement and shall not affect the remainder hereof.
i. Pronouns: All pronouns and any variations
thereof shall be deemed to refer to the masculine,
feminine or neuter, singular or plural, as the identity
of the subject person, persons, entity or entities may
require.
jqp Descriptions: All descr *ions referred
to in this Agreement are expressly incorporated herein
by reference as if set forth in full, whether or not
attached hereto.
k. Entire Agreement: This instrument contains
the entire agreement of the parties relating to the
rights granted and obligations assumed hereunder. Any
oral representations or modifications concerning this
Agreement shall be of no force or effect, unless contained
in a subsequent written modification, signed by the
party to be charged.
1. Attorney's Fees: In the event that
litigation is commenced to enforce any of the provisions
of this Agreement, to.recover damages for breach of any
of the provisions of this Agreement, or to obtain
declaratory relief in connection with any of the provisions
of this Agreement, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs, whether
or not such action proceeds to judgment. The prevailing
party shall be determined'by either.the officiating
judge in the matter or by the presiding judge of the
Superior Court of San Luis Obispo County, California.
IN WITNESS WHEREOF, the parties have executed this
Agreement.as.of the date first written above.
BIRD:
• -�
Ze!�Lz —
MARILYN�La.� BIRD f
-10-
SAN LUIS.BONIFACE AFFILIATES,
a California limited partnership
By:
r �
OWNERS:
ERNEST DA , SR.
CLARA B. DALIDIO
THELMA PEROZZI
=11-
CITY .OF SAN LUIS OBISPO, .
EXHIBIT "A"
That portion of Lot "K" of the Resubdivision of Lots 58, 61, 62,
63, 64 and 65 per J.T. Stratton's survey and map of the-Subdivision
of the Ranchos Canada de Los Osos and La Laguna, in the County of
San Luis Obispo, State of California, according to the map filed
for record on January 30, 1875, in Book A, Page 161 of Maps, in the
Office of the County Recorder of said county, more particularly
described as follows:
A 60 foot wide strip of land lying southwesterly of and
contiguous with the Northeast line of aforesaid-Lot "K ", said
strip also being bounded by the Southeast right -of -way of the 60
foot Madonna Road and the centerline of the drainage easement per
Exhibit "D ", 1442 O.R. 310.
•
THOSE PORTIONS OF LOTS II, I AND J OF R.R. HARRIS RESUBDIVISION OF
LOTS 58, 61, 62, 63, 64 AND 65 OF J.T. STRATTON'S SURVEY OF RANCHOS
CANADA DE LOS OSOS AND LA LAGUNA, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO,, STATE OF CALIFORNIA, AS SAID LOTS ARE
SHOWN ON MAP FILED FOR RECORD IN BOOK A, PAGE 161 OF MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY RIGHT OF WAY LINE OF
MADONNA ROAD, DISTANT SOUTH 39 047'29" EAST, 30.00 FEET FROM ENGINCER'S
CENTER LINE STATION 35 +00.00 OF MADONNA ROAD, AS PER- STATE IIIGHI.AY.
M.AP OF V- SLO- 2 -SLO, RECORDED IN BOOK 2, PAGE 617 OF STATE HIGHWAY
*PAPS IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER: THENCE
RUNNING ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE, AS IT NOW EXISTS,
SOUTH 50 °10'16" WEST, 1114.82 FEET TO THE NORTHWEST CORNER OF SAID
LOT J;
THENCE LEAVING SAID SOUTHEASTERLY RIGHT OF WAY LINE AND RUNNING ALONG
THE SOUTHWESTERLY LINE OF SAID LOT J, SOUTH 45 038'09" EAST, 1340.97
FEET TO A POINT BEING THE TRUE POINT OF BEGINNING WHICH BEARS _NORTH
45 °38'09" ICIEST 140.44 FEET FROM THE SOUTHWEST CORNER OF SAID LOT J;
THENCE CONTINUING ON SAID SOUTHWESTERLY LINE SOUTH 45 °38'09" EAST,
140.44 FEET TO THE SOUTHI4EST CORNER OF SAID LOT J; THENCE NORTH
42 °49'40" EAST, 145.39 FEET ALONG THE SOUTHEASTERLY LINE OF SAID
LOT J TO THE NORTHWEST CORNER OF SAID LOT I: THENCE ALONG THE
SOUTHWESTERLY LINE OF SAID LOT I, SOUTH 54 °09'51" EAST, 558.44
FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF IJAY LINE OF CALIFORNIA
STATE HIGHWAY V- SLO- 2 -SLO; THENCE ALONG SAID NORTHWESTERLY RIGHT
OF WAY LINE ON A CURVE TO THE LEFT FROM A TANGENT WHICH BEARS
NORTH 27 012'13" EAST, HAVING A RADIUS OF 2420.00 FEET, THROUGH A
CENTRAL ANGLE OF 2 °13'48 ", FOR AN ARC LENGTH OF 94.19 FEET IO A
POINT WHICH IS 80.00 FEET LEFT OF ENGINEERIS CENTER LINE STATION
723 +50.00 (1947) N; THENCE CONTINUING ALONG SAID NORTHWESTERLY RIGHT
OF I4AY LINE ON A CURVE TO THE LEFT FROM A TANGENT WHICH BEARS NORTH
23051'29" EAST, HAVING A RADIUS OF 2400.00 FEET, THROUGH A CENTRAL
ANGLE OF 8015'17 ", FOR AN ARC LENGTH OF 345.77 FEET TO A POINT:
THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY LINE AND RUNNING
NORTH 46 004' IJEST 356.83 FEET TO A POINT;
THENCE SOUTH 43 °56'00" WEST, 292.00 FEET TO A POINT;
THENCE NORTH 46 004'00" WEST, 75.17 FEET TO A POINT;
THENCE SOUTH 43 056'00" WEST, 130.00 FEET TO A POINT:
THENCE NORTH 46 004'00" WEST, 88.00 FEET TO A POINT:
THENCE SOUTH 43 °56'00" WEST, 205.73 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL 2:
NON - EXCLUSIVE EASEMENTS FOR INGRESS IND EGRESS,
WAYS, DRAINAGE FACILITIES, WATER MAINS, SEWERS,
CONDUITS, GAS MAINS AND LINES AND OTHER PUBLIC
IN THE CERTAIN DECLARATIONS OF RESTRICTIONS AND
DATED,JANUARY 15, 1985 AND RECORDED JANUARY 17,
2680, RECORDS OF SAN LUIS OBISPO COUNTY.
EXHIBIT �����
PARKING, PEDESTRIAN
TELEPHONE OR ELECTRICAL
MILITIES, AS SET FORTH
GRANT OF EASEMENTS,
1985 AS INSTRUMENT NO.
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CONTRACT SURVEY & DESIGN
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SAN LUIS OBISPO, CA 93401
(805) 544 -7407
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DESCRIPTION: -
PARCEL 1 •. i >
That portion of Lot 64 of the Subdivisions of. the Ranchos Canada cie Los Osos _
and La Laguna, in the County-of San Luis Obi sl)u; State a,; Cal i orni a, - according
to map filed for record in Cook A,* page 83 and V of Haps.in the office of the ..
county. Recorder of said.tounty, described as follows: -.
Beqinnina. at'the' Northeast corner of said Lot 641" thence 'hoi -th 55" T 12° Hest,' `
10.10 chains. to post marked H. R. -flow 3 -, thence South. - 41 24' Vast,; 19.96" .
chains to Post marked 6s. R. Co. •4';- thence South .55 1/2 East, 15.25 chains ib
-the Southeast corner of said Lot 64; thence North 26 1/211 ; t
Eas-'? r
20. 0 chains
jlto_#il@ point. of beginning.
,1 THERLFRO11 that -portion conveyed to State of `1 fornia. i by deed
{.• dated October 15,1947 and recorded December la, 1947 in Dook.464,t 87 of
. 10ffid'al Records page _ :•
• _ i_•T-..:,_• � _Tl :`• 1}~, - -a..t �.i :;.''. -1.1: T' ~L -'.. wb .••:
• PARCEL• 2 -'r ••� -. -_•'•!a • '�.. - 4. Ir• 'q %'• ,� 'T• {- ;.�.. `.� 'w -;!'t .r •.fir:.
er
That :portion of tot 65 of the Subdivisions of the Ranchos -Canada' de Los Osos F ;.•_
.;; and La-Laguna" i n teConty of . San Luis Obiso)o', State ' of Cal i fp; rni a, a0mi n
•:''` to map filed fnr'record in Book A, page 83 and 84.of Flaps_ -in tm*office,of the
_ g `.
j ?'-: County Recorder of *said County, described as follows:,
'Beginning at the Northeast corner of said Lot 65; thence North -55`112' VestA`'.�'`•`�
�. 12.19 chains; thence South'50 1/2° Hest 19.42 chains to a point in the line o;
fencer * thence along, said fence South 55 1/2° East, 20.15 :dhains'to post on
the- Southeast line of said Lot; thence Northerly 18.90 chai ns to the point of
beginning.'
. 111ERE6R0R • ' _ •'� ' ,`'��- - .
that portion: conveyed to the State of California, by deed
dated October.15, 1947 and recorded Decenber 18, .1947 in-Book'464,, page 87 of
•Official Records. _ a
` PARCEL 3• . ;� `. %Y :�' .' i'Y
roc
• -All. of Lot Or of the resubdivision of Lots 58,,61•, 62; 63, 64 and.'
65.as
J. T. Stratton's Survey . and map of the Subdivision s of the Ranchos Caniadapcie ' •'`''
Los Osos and La Laguna, in the County of San Luis Obispo,. State of Cal ifornia, -.'ti,=
according to map filed for record January 33; 1875 i n Book . A, page :161 of : ps r.t:
In the office of the County Recorder -of said County... r - _
EXCEPTING THEREFROM that portion conveyed to United State& Postal
Service by deed dated'Aiigust S, 1980 and recorded September-5, 1980
--in Vol. 22663, Pages 904 through 906 of Official Records -as subse- queatly
corrected by a Grant Deed dated May..7, 1981, and recor4ed..Tame
_ lAa
1981, in .Vol. 23329 Pages 318 -through 320.
• PARCEL 4
That portion of Lots L, 1-1 *and N of -,the resubdivisions of Lots 58, 61,, 62 s 63
and 64 and 65 as' per J. T. Stratton's surve and ma of .thee i
y p ubdi� slogs of
the Ranchos-Canada de Los O .-os and La Laguna, in the County of San Lids Obisao9:"
State of California, according to map filed.for record January ;'0 •-1875 in gook--
A, page. 161 of Flaps i.n the office of the County Recorder of saoA County, described
as fcllors. _
EXHIBIT „p„
f_ w9y'_.c.'J!'r L 4 _ � r. it ��!yv�ys jG:�TJ= • _ � • -.,.'. _ _ � � • _- •�••'i
_ ..r-�,• �!�1►:.�.r�—� � �—�v_:r:�nr. v:..�a+wt]At.<s- �- r. >..: .•s,. s..r..y �..• � r � �' � � •. � -: C
= ?.r "�fY -c .��.. �.•y .fir• �n x,...: .,- ��. `..�1_J
I{•� -at the E=t South6rIY-Corner of-said Lct. MG
take marked . H. t� ,i d Lot 014" 3
BEGIt:HIRG at s
thence South 55 1/2" tiast alone, tile 11 ort`id Lot �1ju tiler ce- sGuth. 50 1/2° Hest ::-; .- •
chains to tl�e 'most Easterly cnrilcr " ,u no 19.44 chains -to the . :..;
alon�i tl�e Soutt�easte l� line of said Lots K and i. ,
` r, 1 corner of. said Lot "N"; thence. North 55 1 /a'rkedt'k1 E °oat ticeou'ai-
Sout1 er y
�e:.sterly line of said Lot-OW-9 T1.12 chains post hence forth 371 l'.est along
Easterly •corner 'of. Lot-moo of said subdivisions; aeon the
f id Lot "0 "9 1.42 chains to tl►c center onca rlo3n Creek .
;thc Northeast line o'' sa
end tl�c Most Southerly corner' of the tends of Rosa f' the I the
ton the Easterly 1inc.o the lands of:Rosa.Hachado =
center of... said ere�f., and a 9 ° 1? drains; Roth .. ,
on the fo;lcn:ing courses .and distances - c korth IS
2.So chains a E:orth 18 1/2°' East,
'' .6'1/4° Mest, 2.62 chains Nordi 13 3/4 Eas >
chains; North. 13° East, 2.50 chains, E:or'�h 3 11r East, 2.26 chains, . r
2.50 banes
,. °. sins. to: ttie..ton of the bank as' the �E�stcraloz�t�- -the Easte�'lx, ca
2.59
18 East,' 4 .ch tie I14.,,
the pater. out. of: the Eaquna:ntg :far�an- Creek;, ti�enre F
y
said ditch, and•the .Easterly "Tine of -the lands:.ofi'said Rosa t`lac dAr '
-4.21.chain3•to_;.
s s 2.79 chains, t.ortll 9° fe5tr
East,, 2.25 � chai ns , harth 21 1/2 k�est, ° the --
• Southerly Tina of the Los Osos Road; thence4tl� parked EtiS 10 "aa the most:
the Y
•
Southerly line of tiie said Road 9.83 chains to Q . ,1 the lines nes Cetgeen ' i+•
Northerly corner of said Lot °L "; thence South 4G. East ong " at the-. , :.
` 24.72 chains to post..ciarked A.L.
• Lots °K" and "L" of said subdivision: thence SauLit 41 3i�1° test alona.the • ' : '_ =:
most Easterly earner of said Lot L ; point of begiuning. T'
8.90 chains to the
Southeasterly line of said Lot "V,
1 4 that portion thereof conveyed t� Ray C•• Skinner,
EXCEPTING FRO: 'said Parcel 2g, 1960 in Book
dated Janu 1560 and recorded..January ,
et ux„ by deed ary 12 - _ ':��,•`.;. t;:':,, -;`�'
1045, page 234 of Official
Records. �=� :•-:.: �,::::__,•:..-
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:iL��• .•r_� _�h._xJ '�' - - --.,- 1•.�..• �;:.:_ - :✓ - -- __ � •... _ nom'. .r .v�,�', _
- .�- '•�'t'. ' mar:. r- is' C. �,_:�,.•4✓.:%�tiF�.i- ":r:' - -+--" --. r'['r'"'"^,�.:_',•.,_...,...� :.::'� -n:. "�^. �• :: r. _ ,•_^ _ -• -: :.....
-Vi '4 tom. ••,•_
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I I I CONTRACT SURVEY & DESIGN
I I 860 Wa'nut Street
EIJD 1 ' SAN LUIS OBISPO, CA 93401
. , :.. (805) 544 -7407
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EXHIBIT I., F
��IIIIIIIIIIIIIIIIIII1�11 IIIIIIIIIIII
�� l�i��1111 'II'�I�� "�lu� �am
City Of SAn IUIS OBISPO
ia�1(Ilil� 990 Palm StreetlPost Office Box 8100 San Luis Obispo, CA 93403 -8100
October 2, 1985
Mr. Charles Ogle
Ogle, Gallo and Merzon
P.O. Box 720
Morro Bay, CA 93442
Dear Mr. Ogle:
As requested in your letter of September 23, 1985, enclosed please find
one fully executed original. Agreement. for Dedication to the City of San
Luis Obispo dated September 12, 1985, by Ernest Dalidio, Sr., Clara
Dalidio, Thelma Perozzi, William Bird, Marilyn Bird and San Luis Boniface
Affiliates.
Also enclosed is a recorded copy of the Irrevocable and Perpetual Offer to
Dedicate by Ernest Dalidio, Sr., Clara Dalidio and Thelma Perozzi.
Should you have any questions, please call.
S i erely,
V
Pamela Voge CMC
City Clerk
PV:js
cc: Andre, Morris & Buttery
Roger Picquet, City Attorney
Enclosures
0 0
PETER R. ANDRE
MICHAEL ►. MORRIS
JAMES C. BUTTERY
DENNIS D. LAW
J. TODD MIROLLA
September 23, 1985
ANDRE, MORRIS & BUTTERY
A PROFESSIONAL LAW CORPORATION
1304 PACIFIC STRnET
P. O. BOX 730
SAN LUIS OBISPO, CALIFORNIA 93406
Roger Picquet
City Attorney of San Luis Obispo
City Hall
990 Palm
San Luis Obispo, CA 93401
RE: DALIDIO OFFER OF DEDICATION
Dear Mr. Picquet:
TELEPHONE:
(805) 543-4171
TELECOPIER:
(805) 543-4173
HAND DELIVERED
Enclosed please find the following documents in regard to
the above- referenced matter:
1. One (1) original Irrevocable and Perpetual
Offer to Dedicate, dated September 12, 1985;
and
2. One (1) original and two (2) copies of the
Agreement for Dedication, dated September
12, 1985.
You will please note that the Agreement for Dedication is
fully executed by all of the private parties to the Agreement,
and may be executed by the City of San Luis Obispo at page
eleven (11) of the document.
Upon execution of the Agreement for Dedication by the City,
I would ask that you forward one (1) fully executed copy of
the Agreement to Mr. Charles Ogle and forward a second fully
executed copy of the Agreement to me.
You should be aware of the fact that Mr. Ogle, on behalf of
the Dalidios, has imposed a condition on this transaction.,
whereby the Offer of Dedication and the Agreement for Dedication
cannot become effective until a fully executed copy of the
Agreement for Dedication has been forwarded to Mr. Ogle.
Finally, I would ask that you advise both Mr. Ogle and
myself as to the date on which the enclosed Irrevocable and
Perpetual Offer to Dedicate was recorded by the City of San
Luis Obispo.
ANDRE, MORRIS & BUTTERY
A. PROFESSIONAL LAW CORPORATION
Roger Picquet
City Attorney of San Luis Obispo
September 23, 1985
Page Two
Thank you for the cooperation and patience you have exercised
throughout this matter.
Very truly yours,
J. TODD MIROLLA
JTM :kcm
Enclosures
CC: William Bird.
Morgan Burkett
James Kenny
Charles Ogle