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HomeMy WebLinkAboutD-1453 Orcutt Road Street EasementRECORDING REQUESTED BY CITY OF SAN LUIS OBISPO AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: Name CITY CLERK Street Address 990 PALM STREET City a State Zip SAN LUIS OBISPO, CA 93409 Title Order No. T 355 Legal (2 -94) Escrow No. THE UNDERSIGNED GRANTOR(s) DECLARE(s) Doc No: 1997- 029524 Rec No: 00038408 Official Records ;NF 0.00 San Luis Obispo Co. ; Julie L. Rodewald ; Recorder ; Jun 10, 1997 ; Time: 15:14 ; 1 t 81 ;TOTAL 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed-STREET EASEMENT DOCUMENTARY TRANSFER TAX IS $ NTT, ❑ unincorporated area ® City of .SAN T.l7TS nBISPO Parcel No. 053- 202 -009 ❑ computed on full value of interest or property conveyed, or ❑ computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, GLORIA MORGAN, AS CONSERVATOR FOR AND ATTORNEY -IN -FACT FOR THE ESTATE OF DANIEL R. MARTELLA. hereby GRANT(S) to THE CITY OF SAN LUIS OBISPO, A CALIFORNIA CHARTERED MUNICIPAL CORPORATION the following described real property in the CITY OF SAN LUIS OBISPO county of SAN LUIS OBISPO , state of California: AN EASEMENT FOR PUBLIC STREET (ORCUTT RD AND INCIDENTAL PURPOSES AS DESCRIBED ON THE ATTACHED EXHIBIT A. Dated 5-- /0 - 27 STATE OF CALIFORNIA ��r�� } S.S. COUNTY OF � �o On s - - r�i 1 before mew, - f- Taa tom.(A F� , !.[•4NY) /4 kilt_ /� ntdcf'Y kVJ a Notary Public in and forAaid County and State, personally appeared ()P personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in histher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m and officiaTsl Signature GLORIA MORGAN CONSERVATOR AND ATTORNEY -IN -FACT FOR THE .ESTATE OF DANIEL R. MARTELLA PAULA R. LAMOURIA COMM. # 1060145 Z z QMV Notary Public - California SANTA CLARA COUNTY Comm. Expires MAY 28,1999 111 IF 1111 1111 W. WNW (This area for official notorial seal) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY SHOWN, MAIL AS DMELILD AISOVE Name Street Address City & Stare ;' m n m n = A V Z D �I VZ D L, mmDrt' Z=0 O �omc0 O P�h w 0 z 4 - m r- 4400 r m v 0 o D < _ C MM 0 CD 0(D mm ADO 0 O OD am0 r r /A mA DmM CL m z 0 -< �D z m m m n = A V Z D �I y D n L, S K Z 0 O mmc0 0O O 4' D r 44 O v 0 o D < _ C MM 0 CD o m O (^ 4 o r r c D DmM v m z m cn -< �D m ti 1 m = n L, �VZ a) 'm O KZC) O � O > 4 o r r 0 0 v o-4<0 o �D z "' I D Q. m z m EXHIBIT "A" LEGAL DESCRIPTION The southerly portion of a parcel lying within Lot 21 of the Orcutt Subdivision recorded June 22, 1894 in Book 1, Page 19 of Records of Surveys in the office of the San Luis Obispo County Recorder in-the City and County of San Luis Obispo, State of California, said parcel is described in Document No. 1992- 064079, filed in said County Recorder's office on September 21, 1992, described as follows: Beginning at the southwest corner of Lot 21, also being a point at the intersection of the centerline of McMillan Ave (formerly Orcutt Ave) and the prolongation of the Northerly right -of -way of a "County Road" per said map (currently Orcutt Road); thence Due East along the southerly line of Lot 21 a distance of 25 feet to the TRUE POINT OF BEGINNING; thence continuing Due East along the southerly lot line of said Lot 21 and said northerly right -of -way line of Orcutt Road, a distance of 70.00 feet to the southeast corner of of the described parcel; :thence Due North 22 feet along the easterly line of the mentioned parcel to a point; thence Due West 50.00 feet, parallel to the southerly line of Lot 21 to a point lying 45 ft. from, and measured at right angles to, the centerline of McMillan Avenue; thence on a tangent curve to the right, having a radius of 20.00 feet, a central angle of 90 degrees and an arc distance of 31.42 feet, to a point lying 25 ft. East of and measured at right angles to, the centerline of McMillan Avenue, also being on the East right -of -way line of McMillan Avenue; thence Due South 42 feet along a line 25 ft. East of, and parallel to, the centerline of McMillan Avenue, to the TRUE POINT OF BEGINNING. G: \... \orcutt\martella.dd2 ` {�'� `•' AL 1\1..", RECORDING REQUESTED BY AND WHEN RECORDED MAU- TO: Andre, Morris & Buttery P. O. Box 730 San Luis Obispo, CA 93406 DURABLE GENERAL POWER OF ATTORNEY AND NOMINATION OF CONSERVATOR TO PERSON EXECUTING THIS DOCUMENT: THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IM.FORTANT FACTS. 1. THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR ATTORNEY -IN -FACT WITH BROAD POWERS TO DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY. 2. THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME UNLESS YOU LIMIT THEIR DURATION IN THIS DOCUMENT. THESE POWERS WILL CONTINUE TO EXIST NOTWITHSTANDING YOUR SUBSEQUENT DISABILITY OR INCAPACITY. 3. YOU HAVE THE RIGHT TO REVOKE OR TERMINATE THIS DURABLE POWER OF ATTORNEY AT ANY TIME. TO WHOM IT MAY CONCERN: DANIEL R MARTE7 .T .A whose address is 1339 Breck Street, City of San Luis Obispo, County of San Luis Obispo, State of California; hereby appoints the following individual as the principal's trse and lawful attorney -in -fact for the principal and in the principal's name, place, and stead: AGENT: GLORIA MORGAN ADDRESS: 1339 Breck Street San Luis Obispo, CA 93401 1. To manage, control, lease, sublease, and otherwise act concerning any -real property which the principal may own, collect and receive rents or income therefrom; pay taxes, charges and assessments on the A:EST \MARTELLA.GPA (7PE) PAGE 1 same; repair, maintain, protect, preserve, alter, and improve the same; and do all things necessary or expedient to be done in the agent's judgment in connection with the property. 2. To manage and control all partnership interests owned by the principal and to make all decisions the principal could make as a general partner, limited partner, or both, and to execute all documents required of the principal as such partner, all to the extent that the agent's designation for such purposes is allowed by law and is not in contravention of any partnership or other agreement. 3. To purchase, sell, invest, reinvest and generally deal with all stocks, bonds, debentures, warrants, partnership interests, rights, and securities owned by the principal. 4. To collect and deposit for the benefit of the principal all debts, interest, dividends, or other assets that may be due or belong to the principal and to execute and deliver receipts and other discharges therefor, to demand, arbitrate, and pursue litigation on the principal's behalf concerning all rights and benefits to which the principal may be entitled; and to compromise, settle, and discharge all such matters as the agent considers appropriate under the circumstances. 5. To pay any sums of money that may at any time be or become owing from the principal, to sell, and to adjust and compromise any claims which may be made against the principal as the agent considers appropriate under the circumstances. 6. To grant, sell, transfer, mortgage, deed in trust, pledge, and otherwise deal in all property, real and personal, which the principal may own; including but not limited to any real property described on any exhibit attached to this instrument including property acquired after execution of this instrument; to attach exhibits to this instrument which provide legal descriptions of all such property; and to execute such instruments as the agent deems proper in conjunction with all matters covered in this paragraph 6. 7. To prepare and file all income and other federal and state tax returns which the principal is required to file; to sign the principal's name; hire preparers and advisors and pay for their services; and to do whatever is necessary to protect the principal's assets from assessments for income taxes and other taxes for the years 1989 to 2039. The agent is specifically authorized tc receive confidential information; to receive checks in payment of any refund of taxes, penalties, or interest; to execute waivers (including offers of waivers) of restrictions on assessment or collection of tax deficiencies and waivers of notice of disallowance of claims for credit or refund; to execute consents extending the statutory period for assessment or collection of taxes; to execute closing agreements under Internal Revenue Code Section 7121, or any successor statute; and to delegate authority or substitute another representative witi respect to all above matters. 8. To deposit in and draw on any checking, savings, agency, or other accounts that the principal may have in any banks, savings and loan associations, and any accounts with securities brokers or other commercial institutions, and to establish and terminate all such accounts. 9. To invest and reinvest the principal's funds in every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not limited to, corporate obligations of every kind, preferred or common stocks, shares of investment trusts, investment companies, and mutual funds, and mortgage participations that, under the circumstances then prevailing (specifically including but not limited to the general economic conditions and the principal's anticipated needs), persons of skill, prudence, and diligence acting in a similar capacity and familiar with those matters would use in the conduct of an enterprise of a similar character and with similar aims, to attain the principal's goals; and to consider individual investments as part of an overall plan. A:EST \MARTELLA.GPA (7PE) PAGE 2 10. To have access to all safe deposit boxes in the principal's name or to which the principal is an authorized signatory, to contract with financial institutions for the maintenance and continuation of safe deposit boxes in the principal's name; to add to and remove the contents of all such safe deposit boxes; and to terminate contracts for all such safe deposit boxes. 11. To make additions and transfer assets to any and all living revocable trusts of which the principal is a settlor. 12. To make direct payments to the provider for tuition and medical care for the principal's issue under Internal Revenue Code Section 2503(e) or any successor statute, which excludes such payments from gift tax liability. 13. To use any credit cards in the principal's name to make purchases and to sign charge slips on behalf of the principal as may be required to use such credit cards; and to close the principal's charge accounts and terminate the principal's credit cards under circumstances where the agent considers such acts to be in the principal's best interest. 14. Generally to do, execute, and perform any other act, deed, matter, or thing, that in the opinion of the agent ought to be done, executed, or performed in conjunction with this power of attorney, of every kind and nature, as fully and effectively as the principal could do if personally present. The enumeration of specific items, acts, rights, or powers does not limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers granted to the agent except where powers are expressly restricted. The agent is authorized and directed to commence enforcement proceedings, at the principal's expense, against any third party who fails to honor this durable power of attorney. 15. Notwithstanding any other possible language to the contrary in this document, the agent is specifically not granted the following powers: (a) To use the principal's assets for the agent's own legal obligations, including but not limited to support of the agent's dependents; (b) To exercise any trustee powers under an irrevocable trust of which the agent is a settlor and the principal is a trustee; and (c) To exercise incidents of ownership over any life insurance polkies that the principal owns on the agent's life. 16. Any third party from whom the agent may request information, records, or other documents regarding the principal's personal affairs may release and deliver all such information, records, or documents to the agent_ The principal hereby waives any privilege that may apply to release of such information, records, or other documents. 17. The agent's signature under the authority granted in this power of attorney may be accepted by any third party or organization with the same force and effect as if the principal were personally present and acting on the principal's own behalf. No person or organization who relies on the agent's authority under this instrument shall incur any liability to the principal, the principal's estate, heirs, successors, or assigns, because of reliance on this instrument. PAGE 3 A:ESTVMARTELLA.GPA (7PE) 18. The principal's estate, heirs, successors, and assigns shall be bound by the agent's acts under this power of attorney. 19. This power of attorney shall not be affected by the principal's subsequent disability or incapacity. 20. The principal hereby ratifies and confirms all that the agent shall do, or cause to be done by virtue of this power of attorney. 21. The principal declares that the principal understands the importance of this durable power of attorney,. recognizes that the agent .is granted broad power to hold, administer, and control the principal's assets, and recognizes that this durable power of attorney will become effective immediately on execution and will continue indefinitely until specifically revoked or terminated by death, even if the principal later becomes incapacitated. 22 If a conservatorship of the principal's estate is deemed necessary, the principal hereby nominates the following individual as conservator of the principal's estate: First Conservator: GLORIA MORGAN 1339 Breck Street San Luis Obispo, CA 93401 On the appointment of a conservator of the principal's estate, this power of attorney shall terminate and the agent shall deliver the assets of the principal under the agent's control as directed by the conservator of the principal's estate. IN WITNESS WHEREOF, the principal has signed this durable power of attorney on this Z4 day of 1991, at San Luis Obispo, California. A:EST\MARTELLA.GPA (7PE) PAGE 4 CERTIFICATE OF ACKNOVa EDGMENT OF NOTARY PUBLIC oRaAL SM ' JAN CE PETERS STATE OF CALIFORNIA ) , ^ Notory KA4e'CCXQrM0 ' , MYC�+ COUNTY COUNTY OF SAN LUIS OBISPO August 4, 1995 On this day of before me, a notary public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared DANIEL R MARTFT •T •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 foregoing durable power of attorney, and acknowledged to me that such person executed the same. A:EST\KARTELLA.GPA (7PE) No Public PAGE 5 I' RECORDING REQUESTED BY: City Clerk WHEN RECORDED MAIL TO: City Clerk 990 Palm Street San Luis Obispo, CA 93401 Doc No: 1997- 004535 Official Records San Luis Obispo Co. .Julie L. Rodewald Recorder Jan 29, 1997 Time: 10:42 [ 11] AGREEMENT /f Rec No: 00005926 NF ;TOTAL APN 053 - 202 -009 THIS AGREEMENT, executed this 21st, day of January- , 1997 , by and between (91066L- 17)oraa4. , hereinafter called "GRANTOR ", and the CITY OF SAN LUIS OBISPO, hereinafter called "CITY ", includes the following provisions in its entirety: 1. GRANTOR shall grant a street widening easement (including incidental purposes) to the CITY for Orcutt Road widening purposes, being 1626 square feet (0.037 acres), more or less, as shown on the attached Exhibit A. CITY shall provide a deed for execution by GRANTOR, which shall be transmitted as an attachment to this agreement. However, the deed shall not be effective, nor recorded, until approval of this agreement by the...City Council. 2. CITY shall be responsible for the cost of installation of standard curb, gutter and sidewalk, street base and paveout; - and shall provide all.neecessaryr engineering utility reloca- tions and any incidental drainage im,. rovements, in conjunction with the above - described work. CITY shall also install. a 4 -inch fire sprinkler lateral for future use as part of the actual street widening, to the satisfaction of the Fire Department. 3. GRANTOR agrees that full compensation for the easement is received by acceptance of the terms of this agreement. 5. This agreement shall be binding upon, and shall inure to the benefit of, the successors, heirs and assigns of the parties hereto. c 0.00 Orcutt Rd. Widening Agreement (Morgan) Page Two 6. This agreement contains the entire agreement between the parties relating to this property and may not be modified except by an instrument in writing, signed by both parties. APPROVED: CITY OF AN LUI SPO: ATTEST: MAYOR Allen K. gett e TY CLERI go nie Gawf APPROVED AS TO FORM: T J ffrey Jorgensen G: \... \O utt \Morgan.Agr EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot 21 of the Orcutt Subdivision recorded June 22, 1894 in Book 1, Page 19 of Records of Surveys in the office of the San Luis Obispo County Recorder in the City and County of San Luis Obispo, State of California, described as follows: Beginning at a point on the centerline of McMillan Ave (formerly Orcutt Ave per said map) and the prolongation of the Northerly right -of -way of a "County Road" per said map (currently Orcutt Road); thence Dice East a distance of 25 feet to the southwesterly corner of said lot 21, said point being the TRUE POINT OF BEGINNING; thence Due East along the lot line of said lot 21 being the right -of -way of Orcutt Road, (formerly "County Road) a distance of 70.00 feet; thence Due North 22 feet to a point, said point being 95 feet easterly of the centerline of McMillan Ave, (formerly Orcutt Ave per said map), thence Due West 50.00 feet; thence on a tangent curve with a radius of 20.00 feet concave to the northeast through a central angle of 90° and an arc distance of 31.42 feet to a point on the West lot line of said lot 21 being the right -of -way line of said Orcutt Ave per said map (now McMillan Ave), thence Due South 42 feet along said right -of -way line to the TRUE POINT OF BEGINNING. G:\...\orcutt\martella.dd was ORCU T co ° s 33 � BLDG. SHEET 3-o f 3) PT. C - RG :70 PT. A Oul D22 BLDG. ° 1 ° . i sNEET �C� 2nf3)t ° R 1311 ` o e 0 PT. 8 ° ! 11 ° s ' C Q =90° 1 NO OR ' r�:A7 II 7� �1 P9 2 0-12 FA I �z 9 p ✓✓ FR WAR rJ PQ 1 � � \ f RECORDEG REQUESTED BY AND WHEN RECORDED MAEL TO: Andre, Morris & Buttery. P. O. Box 730 San Luis Obispo, CA 93406 DURABLE GENERAL . POWER OF ATTORNEY AND NOMINATION OF CONSERVATOR TO PERSON EXECUTING THIS DOCUMENT: THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. 1. THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR ATTORNEY -IN-FACT WITH BROAD POWERS TO DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY. 2 THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME UNLESS YOU LIMIT THEIR DURATION IN THIS DOCUMENT. THESE POWERS WILL CONTINUE TO EXIST NOTWITHSTANDING YOUR SUBSEQUENT DISABILITY OR INCAPACITY. 3. YOU HAVE THE RIGHT TO REVOKE OR TERMINATE THIS DURABLE POWER OF ATTORNEY AT ANY TIME_ TO WHOM IT MAY CONCERN: DANIEL R. MARTELLA, whose address is 1339 Breck Street, City of San Luis Obispo, County of San Luis Obispo, State of California, hereby appoints the following individual as the principal's true and lawful attorney -in -fact for the principal and in the principal's name, place, and stead: AGENT: GLORIA MORGAN ADDRESS: 1339 Breck Street San Luis Obispo, CA 93401 1. To manage, control, lease, sublease, and otherwise act concerning any real property which the principal may own, collect and receive rents or income therefrom; pay taxes, charges and assessments on the A:EST\MARTELLA.GPA (7PE) PAGE 1 same; repair, maintain, protect, preserve, alter, and improve the same; and do all things necessary or expedient to be done in the agent's judgment in connection with the property. 2. To manage and control all partnership interests owned by the principal and to make all decisions the principal could make as a general partner, limited partner, or both, and to execute all documents required of the principal as such partner, all to the extent that the agent's designation for such purposes is allowed by law and is not in contravention of any partnership or other agreement. 3. To purchase, sell, invest, reinvest and generally deal with all stocks, bonds, debentures, warrants, partnership interests, rights, and securities owned by the principal. 4. To collect and deposit for the benefit of the principal all debts, interest, dividends, or other assets that may be due or belong to the principal and to execute and deliver receipts and other discharges therefor, to demand, arbitrate, and pursue litigation on the principal's behalf concerning all rights and benefits to which the principal may be entitled; and to compromise, settle, and discharge all such matters as the agent considers appropriate under the circumstances. 5. To pay any sums of money that may at any time be or become owing from the principal, to sell, and to adjust and compromise any claims which may be made against the principal as the agent considers appropriate under the circumstances. 6. To grant, sell, transfer, mortgage, deed in trust, pledge, and otherwise deal in all property, real and personal, which the principal may own; including but not limited to any real property described on any exhibit attached to this instrument including property acquired after execution of this instrument; to attach exhibits to this instrument which provide legal descriptions of all such property; and to execute such instruments as the agent deems proper in conjunction with all matters covered in this paragraph 6. 7. . To prepare and file all income and other federal and state tax. returns which the principal is required to file; to sign the principal's name; hire preparers and advisors and pay for their services; and to do whatever is necessary to protect the principal's assets from assessments for income taxes and other taxes for the years 1989 to 2039. The agent is specifically authorized to receive confidential information; to receive checks in payment of any refund of taxes, penalties, or interest; to execute waivers (including offers of waivers) of restrictions on assessment or collection of tax deficiencies and waivers of notice of disallowance of claims for credit or refund; to execute consents extending the statutory period for assessment or collection of taxes; to execute closing agreements under Internal Revenue Code Section 7121, or any successor statute; and to delegate authority or substitute another representative wit:► respect to all above matters. 8. To deposit in and draw on any checking, savings, agency, or other accounts that the principal may have in any banks, savings and loan associations, and any accounts with securities brokers or other commercial institutions, and to establish and terminate all such accounts. 9. To invest and reinvest the principal's funds in every kind of property, real, personal, or mixed, and every kind of investment, specifically including, but not limited to, corporate obligations of every kind, preferred or common stocks, shares of investment trusts, investment companies, and mutual funds, and mortgage participations that, under the circumstances then prevailing (specifically including but not limited to the general economic conditions and the principal's anticipated needs), persons of skill, prudence, and diligence acting in a similar capacity and familiar with those matters would use in the conduct of an enterprise of a similar character and with similar aims, to attain the principal's goals; and to consider individual investments as part of an overall plan. A:EST \MARTELLA.GPA UPE) PAGE 2 10. To have access to all safe deposit boxes in the principal's name or to which the principal is an authorized signatory; to contract with financial institutions for the maintenance and continuation of safe deposit boxes in the principal's name; to add to and remove the contents of all such safe deposit boxes; and to terminate contracts for all such safe deposit boxes. 11. To make additions and transfer assets to any and all living revocable trusts of which the principal is a settlor. 12. To make direct payments to the provider for tuition and medical care for the principal's issue under Internal Revenue Code Section 2503(e) or any successor statute, which excludes such payments from gift tax liability. 13. To use any credit cards in the principal's name to make purchases and to sign charge slips on behalf of the principal as may be required to use such credit cards; and to close the principal's charge accounts and terminate the principal's credit cards under circumstances where the agent considers such acts to be in the principal's best interest 14. Generally to do, execute, and perform any other act, deed, matter, or thing, that in the opinion of the agent ought to be done, executed, or performed in conjunction with this power of attorney, of every kind and nature, as fully and effectively as the principal could do if personally present. The enumeration of specific items, acts, rights, or powers does not limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers granted to the agent except where powers are expressly restricted. The agent is authorized and directed to commence enforcement proceedings, at the principal's expense, against any third party who fails to honor this durable power of attorney. 15. Notwithstanding any other possible language to the contrary in this document, the agent is specifically not granted the following powers: (a) To use the principal's assets for the agent's own legal obligations, including but not limited to support of the agent's dependents; (b) To exercise any trustee powers under an irrevocable trust of which the agent is a settlor and the principal is a trustee; and (c) To exercise incidents of ownership over any life insurance policies that the principal owns on the agent's life. 16. Any third parry from whom the agent may request information, records, or other documents regarding the principal's personal affairs may release and deliver all such information, records, or documents to the agent. The principal hereby waives any privilege that may apply to release of such information, records, or other documents. 17. The agent's signature under the authority granted in this power of attorney may be accepted by any third party or. organization with the same force and effect as if the principal were personally present and acting on the principal's own behalf. No person or organization who relies on the agent's authority under this instrument shall incur any liability to the principal, the principal's estate, heirs, successors, or assigns, because of reliance on this instrument PAGE 3 A:ESTWIRTELLA.GPA (7PE) 18. The principal's estate, heirs, successors, and assigns shall be bound by the agent's acts under this power of attorney. 19. This power of attorney shall not be affected by the principal's subsequent disability or incapacity. 20. The principal hereby ratifies and confirms all that the agent shall do, or cause to be done by virtue of this power of attorney. 21. The principal declares that the principal understands the importance of this durable power of attorney, recognizes that the agent is granted broad power to hold, administer, and control the principal's assets, and recognizes that this durable power of attorney will become effective immediately on execution and will continue indefinitely until specifically revoked or terminated by death, even if the principal later becomes incapacitated. 22. If a conservatorship of the principal's estate is deemed necessary, the principal hereby nominates the following individual as conservator of the principal's estate: First Conservator. GLORIA MORGAN 1339 Breck Street San Luis Obispo, CA 93401 On the appointment of a conservator of the principal's estate, this power of attorney shall terminate and the agent shall deliver the assets of the principal under the agent's control as directed by the conservator of the principal's estate. IN WITNESS WHEREOF, the principal has signed this durable power of attorney on this 2¢ day of b& -C-C" 3 - , 1991, at San Luis Obispo, California. . I MITI Z 11:4 a FA rir•• A:EST\MARTELLA.GPA (7PE) PAGE 4 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC s� JM CE PE TM STATE OF CALIFORNIA ) Le Notary Pub5e -CCX0r C ate ss. SM Us 0wo en COUNTY OF SAN LUIS OBISPO ) 'q es On this day of yoZ o ,1991, before me, a notary public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared - DANIEL R. MARTELLA, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing durable power of attorney, and acknowledged to me that such person executed the same. A:ESTVKARTELLA.GPA UPE) No Public PAGE 5 ' VP/G� I , I � QFF• I °z O 1 cr) n o , r 0 Lu CC ..... .. • -__. --•-- �• .. ¢ UJ .... o Z Lu CO. I — T ¢. - t (_oJ U I DUNCAN LANE 0 O a i 1' .a = . ,T OQ•W i c 0 03 0 '_ o O p I w L�� O \ Lt] T H 0 N 1} \ ) I F- co W ca IAM MOa T = McMILLAN AVE. IV W � Y S-c ¢o �.o 0 r L:. O I t- C3 C U Z U � a d � z O U � Ctl t- o T O Z u L :.I w C a � I 0 n u c LJ? V cn �r CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the AGREEMENT dated January 21, 1997 by and between Gloria Morgan and 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: January 27, 1997 END OF DOCUMENT Clerk CITY OF SAN LUIS OBISPO Allen K. Settle, Mayor city of sAn sstuis oospo 990 Palm Street, San Luis Obispo, CA 93401-49 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Deed dated May 10, 1997 from Gloria A. Morgan 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: June 9, 1997 CITY OF SAN LUIS OBISPO B- ------ ---- ---1 --- Allen K. Settle, Mayor ATTEST: By: B nni.` 6,�vf City' erlc // The City of San't,uis'Of�i`sp4 is committed to include the disabled in all of its services, programs and activities. Telecommunicatigns ce. ° Clevi for the Deaf (805) 781 -7410. ___ . -S END OF DOCUMENT