HomeMy WebLinkAboutD-1366 Southwood Drive Recorded 12/03/1991d d;�
Recording Requested By:
City of San Luis Obispo
When Recorded Mail to:
City Clerk
City of San Luis Obispo
P.O. Box 8100
San Luis Obispo, CA. 93403 -8100
L- xTPA
DOC. NO.75562
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CA
DEC 3 1991
FRANCIS M. COONEY
County Cierk- PAecor
nmE 3. PM
IFEE FiLEV FAIT, �Lti1Pi �1U1 Cr
1' --- STATE
Grant of Easement
APN 04- 964 -10
The owners of the property on which easement is dedicated hereby grants to the City of
San Luis Obispo, a California Municipal Corporation, a waterline easement appurtenant
with rights of ingress thereto and egress therefrom, to construct, maintain, operate,
reconstruct, repair, remove, replace, increase and /or change the number and /or sizes of
the pipes, appurtenances and incidentals thereto for a water system under, along and
upon certain property in the City and County of San Luis Obispo, State of California,
as particularly described below and depicted on the attached Exhibit "A ", which is
incorporated into this Grant of Easement, as if set forth in full.
That portion of Lot 10 of Tract No. 500, in the City of San Luis Obispo, County of
San Luis Obispo, State of California, according to that map recorded January 5, 1977
in Book 9 at page 15 of Maps, in the Office if the Recorder of said County, more
particularly described as follows:
Commencing at the most Southeasterly corner of said Tract No. 500, which is also a
point on the Southwood Drive right of way and being the Point of Beginning thence;
1) N 02 °15'27" W along the Easterly boundary of Tract No. 500, 149.00 feet,
thence leaving said property line;
2) S 87 °44'33,.:' W, 112.23 feet, thence;
3) N 02 15'27" W, 18.00 feet, thence;
4) S 87 °44'33" W, 95.00 feet, thence;
5) N 02-15'27" W, 30.00 feet, to a point on the boundary of said Tract thence;
6) N 87 °44'33" W along the boundary of said Tract 183.23 feet, thence;
7) N 02 °15'27" W, 137.00 feet,to a point on the boundary of Tract'No. 500
thence;
8) N 87 °44'33" W, 24.00 feet to the Point of Beginning.
ECEO QED
�D� C
V61 9 9 1
CI CLRK
SAN LUIS OBE Po, CA
VOL 3 1 j jPAG[100
of) 7
• •
Dated: V . ! , 1991. r
ohn C. O'.Connor t 1)
by John Atiya, At rney -in -fact
Dated: 1�lD b / , 1991. i
Ja Atiya (Lot 2)
by John Atiya, Atto ey -in -fact
Dated: D d . % , 1991.
a Atiya (Lot 2)
by John Atiya, Attorn y -in -fact
Dated: No,]. J, j14 , 1991. i
W. Johnson ( )
f4d
John Atiya, Attorney -in -fact
Dated: iV OV . 1 , 1991.
ah Al -Hadad (Lot 2)
by John Atiya, Attorney -in -fact
Dated: p V , 1991.
ira Al -Hadad (Lot
by John Atiya, Attorney -in -fact
Dated: N 6 V 1991.
ssell Bik (Lot 3)
by John Atiya, Attorney -in -fact
Dated: NO V , 1991.
Wene Bik (Lot 3)
by John Atiya, Attorney -in -fact
Dated: Noq,. 1 1991. l
J6,K E. Terrill (Lot 4)
By John Atiya, Attorney -in -fact
VG'- 3793PAG . L JOI ���'
Dated: N 1991. >
I2o thy J. Terrill (Loth
by John Atiya, Attorney -in -fact
Dated: v . , 1991. Ti-
mes L. Wedeldn /(Lot 5)
by John Atiya, Attorney -in -fact
Dated: N,5\4, ; 1991.
CSfiirley A. Wedekin t 5)
by John Atiya, Attorney -in -fact
Dated: V . , 1991. _ /
omas J. Bourne (LotlK
by John Atiya, Attorne -in -fact
Dated: No ��-� , 1991.
nna M. Bourne (Lo
by John Atiya, Atto ey -in -fact
Dated: N B\1 , l-�- , 1991.
ichael K. Bourne %of16)
by John Atiya, At rney -in -fact
Dated: 1991.
obert G. Sears (]Lot
by John Atiya, Attorney -in -fact
Dated: Mov. , I q—, 1991.
ephen L. M. Hocl y (Lot 8)
by John Atiya, Attorney -in -fact
Dated: A104. 1991. �� .
atrick Lee (Lot 9)
by John Atiya, Atto ey -in -fact
FP- 79 3 PAGE 10 �/�
Dated: //— / r , 1991.
State of California )
ss
County of San Luis Obispo )
cia A. Lee (Lot 9)
by John Atiya, Attorn -in -fact
On u-�e/ / 7- /9�re , me the �Y
, a undersigned, No Public in and
g
for said County and State, p rsonally appeared
personally known to me on the basis of satisfa ory evidenc to be the person(s) whose
name(s) is /are subscribed to the within instrument as the Attorney in Fact of
and acknowledged to me that /she subscribed the name(s) of
thereto as principals(s) an hi her own name as Attorney in
Fact.
WITNESS my hand and official seal.
SAtIY PUN*"
`b SOARYPUB UC
AN �RH A T AL61Op�P U N y
My commies ion � � on Nov. 16. 1992
VG13193MIL103 �/�
U
John C. O'Connor (Lot 2)
by John Atiya, Attorney -in -fact
John Atiya (Lot 2)
by John Atiya, Attorney -in -fact
Diana Atiya (Lot 2)
by John Atiya, Attorney -in -fact
Boyd W. Johnson (Lot 2)
by John Atiya, Attorney -in -fact
Sabah AI -Hadad (Lot 2)
by John Atiya, Attorney -in -fact
Samira Al -Hadad (Lot 2) , _
by John Atiya, Attorney -in -fact
Russell Bik (Lot 3)
by John Atiya, Attorney -in -fact
Darlene Bik (Lot 3)
by John Atiya, Attorney -in -fact
John E. Terrill (Lot 4)
by John Atiya, Attorney-in-fact
Dorothy J. Terrill (Lot 4)
by John Atiya, Attorney-in-fact
State of California
ss
County of San Luis Obispo
0
James L. Wedekind (Lot 5)
by John Atiya, Attorney -in -fact
Shirley A. Wedekind (Lot 5)
by John Atiya, Attorney -in -fact
Thomas J. Bourne (Lot 6)
by John Atiya, Attorney -in -fact
Donna M. Bourne (Lot 6)
by John Atiya, Attorney -in -fact
Michael K Bourne (Lot 6)
by John Atiya, Attorney -in -fact
Robert G. Sears (Lot 7)
by John Atiya, Attorney -in -fact
Stephen L. M. Hockaday (Lot 8)
by John Atiya, Attorney -in -fact
Patrick Lee (Lot 9)
by John Atiya, Attomey -in -fact
Marcia A. Lee (Lot 9)
by John Atiya, Attorney-in-fact
On , before me the undersigned, a Notary Public in and
for said County and State, personally appeared personally
known to me on the basis of satisfactory evidence to be the person(s whose name(s) is /are
subscribed to the within instrument as the Attorney in Fact of .
and acknowledged to me that he /she subscribed the name(s) of
thereto as principal(s), and his/her own name as Attorney in Fact.
WITNESS my hand and official seal.
=E; CHES BLIC O COUNTY NIA v. 16. 1982 .
1 � �
•L � • 1
v
n
Mg
�
x
C b
a C A m
V1 ]
]
gSS� �o
y
b
Y
9
9
D
O
m
0
.00'991
END OF DOCUMENT
EXHIBIT A
237.75'
W
o�
A
A
W
W
f
0
\y
�O.
\MCP,
�f
A
�..�0554Z
N
.��L3r�93eA�E�.Q5
7 �
_
'� ,voRlH
r
o �
.��L3r�93eA�E�.Q5
•
Recording Requested by:
City Clerk
I)/I9/917213 96
DOC. NO. 72807
OFFICiAL RECORDS
SAN LUIS OBISPO CO., CA
Cin�JCr ¢p1
o6{1 *Y
I �oQOPU.,,F.
When Recorded Return to: NOV 1 9 1991
City Clerk RECEIVED
P.O. Box 8100 FRANCIS M. COONEY
San Luis Obispo, CA 93403 -8100 County Eerk-R O
r rP I No� 2 2
AGREEMENT AFFECTING REAL PROPERTY INTERESTS
SAN LUJ,� 0_BISPO, CA
A- 145 -9 1 -CC
THIS AGREEMENT is made on the 30thday of October ,1991,
by and between the CITY OF SAN LUIS OBISPO, a Chartered Municipal
Corporation, hereinafter called "CITY ", and :Ted Frankel, herein-
after called "DEVELOPER ".
WITNESSETH
WHEREAS, DEVELOPER desires to develop a retail commercial
(Tom's Toys) and office building at 680 Higuera Street in the
City of San Luis Obispo, more particularly described as:
and;
Lot 3 and and the southwesterly 4 feet of Lot 2, Block 8,
of the Murray and Church Addition.to the City of San Luis
Obispo as recorded in Book A of Maps, at page 145, in-the.
Office of the San Luis Obispo County Recorder.
WHEREAS, CITY desires that such a development be compatible
wth t h 3S�^: Plaza ^}� ^^0^ pl n$; and i iii1 .i -
WHEREAS, the prior owner (Bobik) granted an easement to City
for public pedestrian access and drainage purposes between a
proposed building foundation and the centerline of San Luis
Obispo Creek, across the fifty -four (54) feet -wide parcel of
land., as recorded in Volume 3030 of Official Records, at page
606, on Aug st 4, 1987, in the San Luis Obispo County Recorder's
Office.
NOW THEREFORE, the parties hereto mutually agree as follows:
A- 145 -91 -CC
/3LeG��4
Von. 3786PAG[462 ����
Frankel (Tom's Toys) Agreement
Page Two
1. DEVELOPER will construct a cantilevered deck and railing
from the first floor of the proposed building, in "Mission -
style" within said easement to a design approved by the City.
The design shall provide for structural loading from a stairway
and from existing northerly and southerly decks. Three existing
"temporary" metal columns shall Se removed and salvaged.
2. DEVELOPER shall be responsible for the cost for stairway
connections.to the cantilevered deck, concrete footings for mid-
. span and end supports of the stairway, and crane time to relocate
the stairway.
3. DEVELOPER will construct a retaining wall to match the
existing creek walkway masonry (slump block) and to accommodate
the final grade of an expanded 'lower walkway. Six (6) inch high
planter curbs will be installed by the DEVELOPER at CITY cost,
per final plans. A "Mission - style" concrete lower walkway and a
1114ission- style" railing (.:round the back of the stairway) will be
installed, and an existing bench and plaque will be relocated at
CITY cost, per. final plans.
4. DEVELOPER will provide exterior lighting under the deck
(waterproofed) at his cost and will install a City -owned light
(including fixture, wiring, conduit), incorporated into the
Mission -style railing per approved plans. The latter lighting
to be at CITY cost, including maintenance.
5. CITY shall be responsible for the cost of all stairway
yot 3786PAc,,463
Frankel (Tom's Toys) Agreement
Page Three
modifications to adjust the height and length to match the new
location and grade. CITY shall also pay for relocating the
stairs, except as assigned to DEVELOPER in paragraph 2. ,
6. CITY will be responsible for any subsequent Mission
Plaza improvements, including any creek modifications.
7. Nothing in this agreement shall be construed to limit or
preclude the CITY from establishing, and the DEVELOPER from being
required to comply with additional conditions and improvements
associated with architectural review approval, plan check for
code compliance, and other special provisions related to use and
construction, as provided for in the Municipal Code.
8. Maintenance and liability of the public pedestrian
access area shall be the responsibility of the underlying
ownership. DEVELOPER shall maintain the public pedestrian deck
area (not including stairway) in-a safe condition. DEVELOPER
agrees to hold the CITY harmless of any and all claims or
liability arising out of any actions or events occurring on said
portion of the easement. CITY shall hold the DEVELOPER harmless
for any claims or liability arising out of actions or events
occurring on the lower creek walkway and stairway, not associated
with DEVELOPER'S structure, use or activities.
9. CITY shall maintain the creek and adjacent lower walkway
areas and shall bear the responsibility for any liability or
claims arising out of events occurring nn these areas.
10.. DEVELOPER shall have the right of access to and from
the Mission Plaza improvements. CITY will allow minor
VOL 3786PACE464
Frankel (Tom's Toys) Agreement
Page Four
encroachments (1 ft. + / -) into the existing easement, per plans..
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year above written.
OFI'ICdAL SEAL,
IIZA LtANGSTON
low TAM FUSLIC -CALIFORNIA
LOS ANGELES COUNTY
AAr Come Expfnoa Oct. 25,1991
" ^ r -.-ATTF
AA
' Cat Clerk Pamel Voges
jr
APPROVED AS TO FORM:
-0
- —1
TO CONTENT:
P: \jerry \TomsToys.wp
DEVELOPER:
Te Frankel
CITY OF SAN LUIS OBISPO
or Ron Dunin
rector
3786PQGA65
C!' fin' � � � •
Imo/
V
yM1
t .Y
J,.• ����:. i - °art;. j�..�y
r
rt
I`.1 - 'i�� - � •1�� . �: � .rte .
Mr utual Service Casualty Insurance Company
g Address: P.O. Box 64035/St. Paul, MN 551
Home Office: Two Pine Tree Drive /Arden'Tlills, MN 551lQt
Ray 7,a,
Certificate of Insurance m
Policy Number
Effective Date
Expiration Date
This is to certify that Mutual Service Casualty Insurance Company has issued1to the
Insured named herein the policies listed and such policies apply with respect to the
hazards and for the coverages and limits of liability indicated by specific entry herein,
Personal & Advertising Injury Limit
11 -14 -91
11 -14 -92
$
$
Fire Damage Limit (Any one fire)
$
Medical Expense Limit (Any one person)
Buildina or Location
subject to all of the terms, conditions and exclusions in such policies. This certificate of
insurance neither affirmatively nor negatively amends, alters or extends the coverage
afforded by these policies. (Specific entry is indicated by 0.)
Name and address for whom Certificate of Insurance is issued:
Name of Insured and address
CITY OF SAN LUIS
OBISPO
MARTIN, THOMAS (INDIVIDUAL)
ATT'N: PAM RICCI
(DBA) THOMAS MARTIN & ASSOCIATES
P.O. BOX 8100
846 HIGUERA STREET #5
SAN LUIS OBISPO,
CALIFORNIA 93403 -81.00
SAN LUIS OBISPO, CALIFORNIA 93401
❑ This certificate holder is also a lienholder
See attached Form No.
TYPE OF POLICY OR COVERAGE
FARMOWNERS POLICY
C General Liability
❑ Automobile
❑ Businessowners' Policy
❑ APT-0-PAC Policy
$ Each Occurrence
1
Occurrence
❑ Described Vehicles Only
❑ 1
(Farm and Personal
(See Below)
❑ Umbrella Policy
Liability)
❑ Claims Made
❑ All Owned Vehicles
❑ Contractors Equipment Coverage _
❑ Non -Owned Vehicles
❑
$ Each Person
❑
❑ Comprehensive
❑ Dealer
(Medical Payments
❑ Specified Perils
❑ Non Dealer
to Others)
❑ Owner's &, Contractors
❑ Hired Autos
❑ Dealers Physical Damage
Protective
❑ Ded. Collision
$ 25,000 Each Accident
❑ $
❑ Comprehensive
(Medical Payments
13 a ^� '
Deductible Collision
❑ Specified Perils,
to Others)
❑
j
-
1,600,000
1,000,000
1,000,000
50 ,000
5,000
LIMITS OF LIABILITY
GENERAL LIABILITY I / _ Combined Single Limit
General Aggregate Limit
$
Products Comp /Ops Aggregate Limit
$
Personal & Advertising Injury Limit
Each Occurrence Limit
$
$
Fire Damage Limit (Any one fire)
$
Medical Expense Limit (Any one person)
Buildina or Location
Split Limits � ❑ AUTOMOBILE,
$ Each Person $
$ Each Accident
(Bodily Injury)
O GARAGE
Each Accident .
(Property Damage)
Description of operations /locations/vehicles /restrictions /additional insureds/special items
ADDITIONAL INSURED — SEE ATTACHED CG -2026
Each Accident — AUTOMOBILE,
Each Accident —AUTO GARAGE
General Aggreg. — UMBRELLA
Prods. /Co.Op. Aggregate
Each Incident
$
$
$
Limit
Mutual Service Casualty Insurance Company agrees to give 10/ days written notice to the holder of rtificate of Insurance in the event of
cancellation' of any policy or- coverage listed above.
2
2UG -1794 (4 -88) _ Authorized Representative
I
POLICY NUMBER: CG 20 26 11 85
MP-01 -22920
17- r
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED— DESIGNATED . PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE.
[Name of Person or Organization:
CITY OF SAN LUIS OBISPO
FLAT CHARGE: $25.00
(if no entry appears above; information required to complete this endorsement will be shown in the Declarations as applicable
to this endorsement.)
WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule as
an insured but only with respect to liability arising out of your operations or premises owned by or rented to you.
CG 20 26 11 85 Copyright, Insurance
1nLe n.d_y -
STATE OF CALIFORNIA
COUNTY OF LOS Angeles SS.
On this 25th day or June in the year
t
;? 1991 before me, the undersigned, a Notary Public in
to
and for said County and State, personally appeared Ted
Frankel
a
v
0
W z
J
a
.s
°
'U a
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
same.
i /
executed the
Name (Typed or Printed)
Notary Public in and for said County and State
F2492 R 6/84 END OF DOCUMENT
EQOFFICIAL SEAL
LIZ: 7 "Vi IGS NON
:1NOTARY F UZ JC - CALIFORNIA
OR LOS APIGMES COUNTY
y Comm. 6epbw Ott 25,1991
<x;�zaL SEAL
`" " "ETON
".:ti' obis
=�C - CALIFORNIA
LCS r ;dc:iES COUNTY Ee:t�4
y Comm `xp1m; Oct. 25,1991
FOR NOTARY SEAL OR STAMP e
vnl :�7W,5,466
.� ,
�, .� �' �,
'� v � `�
� � r�.�1 {
,.
�� ���
J
s •. _ n.l. .'Ij
4. � •. •: i
' �
d -
• ,
� .: � _
_ •` i
r
a �
• � ,a
� � 1
e
<� .