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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 <� .