HomeMy WebLinkAboutD-1488 Apn 03-527-20 Recorded 11/25/1998s
a
RE'CORDMG REOUES° " BY
i►1�z
AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
City Clerk
990 Palm Street
San Luis Obispo, CA 93401 -3249
Doc No: 1998 - 0..__34
Official Records
San Luis Obispo Co
Julie L. Rodewald
Recorder
Nov 05, 1998
Time: 08:00
[ 51
HISTORIC PROPERTY PRESERVATION AGREEMENT
APN; 053 - 28-826
Rpt No: 00092022
RF -1 19.00
;TOTAL 19.00
Fol
This agreement, made and entered into on this l3 TH day of A,y 6.0 Sf ,
1998, by and between Strasbaugh Development, LLC. a Delaware Limited Liability Company,
hereinafter called "Owner" and the City of San Luis Obispo, hereinafter called "City",
collectively hereinafter called "Parties ", provides as follows:
WHEREAS, Owner possesses certain real property located in the City of San Luis Obispo,
described as the westerly 210.00 feet of Parcel I of Minor Subdivision 91 -152 as recorded in
Book 53 of Parcel Maps at Page 576 , also known as the Long - Bonetti Ranch, at 3897
South Higuera Street, which is of historical value, and is a "qualified historical property" as
defined in California Government code Section 50280.1; and
WHEREAS, the property is listed on the City's Master List of Historic Resources, and both
Owner and City desire to protect and preserve such property so as to retain its characteristics of
historical significance, pursuant to conditions of approval for Minor Subdivision 91 -152;
WHEREAS, Owner has submitted a "Restoration and Adaptive Reuse Plan", and City has
approved said plan (City file No. Other 65 -97) on file with the Community Development
Department.
NOW, THEREFORE, the parties in consideration of the mutual covenants and conditions set
forth herein and the substantial public benefit to be derived therefrom, do agree as follows:
1. AUTHORITY: This agreement is made under authority of California
Government Code Section 50280 et seq.
2. LENGTH OF AGREEMENT: This agreement shall be effective upon
recording, and shall remain in effect in perpetuity or as modified by mutual
agreement of the parties, but in any event not less than ten (10) years.
3. LIMITATIONS ON LAND USE: during the term of this contract, the above
described land shall be subject to the following provisions, requirements, and
restrictions:
(a) REUSE/PRESERVATION PLAN: Prior to any change of use or
further development of Parcel 1, the property owner(s) of Parcel 1 shall
comply with the approved adaptive reuse/historical preservation plan,
to the Community Development Director's approval. The plan shall
E1039 \hislprop.doc
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address development strategies that maintain the long -term viability of
the site and structures, including, as a minimum:
- parking and vehicle access
- landscaping and visual screening
- preliminary feasibility study of alternative land uses
- marketing/economic strategies for adaptive reuse
- recommended land use strategy
(b) PRESERVATION COVENANT: The property owner(s) agree to
preserve the appearance and historic integrity of the Bonetti/Long
Street ranch structures and grounds, including: ranch house, barn,
windmill, water tower, entry sign and gardens, as shown in the
approved REUSE/PRESERVATION PLAN on file in the
Community Development Department at 990 Palm Street, San Luis
Obispo, to the approval of the Community Development Director.
(c) BINDING: This contract shall be binding upon, and inure to the
benefit of, all successors in interest (including, but not limited to all
heirs, executors, administrators, assigns and tenants) of Owner. A
successor in interest shall have the same rights and obligations
under this agreement as Owner.
4. HOLD HARMLESS: Owner agrees to and shall hold City and its elected
officials, officers, agents and employees harmless from liability for damage
or claims for damage for personal injuries, including death, and claims for
property damage which may arise from the direct or indirect use or
operations of Owner or those of any contractor, subcontractor, agent,
employee or other person acting on Owner's behalf which relate to the use,
operation and maintenance of the Historic Property. Owner hereby agrees
to and shall defend the City and its elected officials, officers, agents and
employees with respect to any and all actions for damages cause by, or
alleged to have been caused by, reason of Owner's activities in connection
with the Historic Property. This hold harness provision applies to all
damages and claims for damages suffered, or alleged to have been suffered,
by reason of the operations referred to in this Agreement regardless of
whether or not the City prepared, supplied or approved the plans,
specifications or other documents for the Historic Property.
5. REQUIRED PROVISIONS OF CONTRACT:
(a) The term of the contract shall be for a minimum period of 10 years.
E1039 \histprop.doe
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(b) The Owner shall
(1) Preserve the qualified historical property and, when
necessary, to restore and rehabilitate the property to
conform to the rules and regulations of the Office of
Historic Preservation of the Department of Parks and
Recreation, the United States Secretary of the Interior's
Standards for Rehabilitation, and the State Historical
Building Code.
(2) Allow periodic examinations of the premises by the
assessor, the Department of Parks and Recreation, the City
of San Luis Obispo and the State Board of Equalization as
may be necessary to determine the owner's compliance with
the contract.
(3) Provide written notice of the contract to the Office of
Historic Preservation within six months of entering into the
contract.
6. RENEWAL; NONRENEWAL; NOTICE; PROTEST; RECORDATION;
EFFECT:
(a) On the anniversary date of the contract or such other annual date as
is specified in the contract, a year shall be added automatically to
the initial term of the contract unless notice of nonrenewal is given
as provided in this section. If Owner or the City desires in any year
not to renew the contract, that party shall serve written notice of
nonrenewal of the contract on the other party in advance of the
annual renewal date of the contract. Unless the notice is served by
Owner at least 90 days prior to the renewal date or by the City at
least 60 days prior to the renewal date, one year shall automatically
be added to the term of the contract.
(b) Upon receipt by Owner of a notice from City of nonrenewal,
Owner may make a written protest of the notice of nonrenewal.
The City may, at any time prior to the renewal date, withdraw the
notice of nonrenewal.
(c) If City or the owner serves notice of intent in any year not to renew
the contract, the existing contract shall remain in effect for the
balance of the period remaining since the original execution or the
last renewal of the contract, as the case may be.
E1039\histprop.doc
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(d) Owner shall furnish City with any information it shall require in
order to enable it to determine the eligibility of the property
involved.
(e) No later than 20 days after City enters into a contract with Owner
pursuant to this article, the Clerk of the Council shall record with
the County Recorder a copy of the contract, which shall describe
the property subject thereto.
7. CANCELLATION; GROUNDS: City may cancel a contract if it
determines that Owner has breached any of the conditions of the contract
provided for in this article or has allowed the property to deteriorate to the
point that it no longer meets the standards for a qualified historical
property. City may also cancel a contract if it determines that Owner has
failed to restore or rehabilitate the property in the manner specified in the
contract, or in the Reuse/Preservation Plan.
8. CANCELLATION; NOTICE; HEARING: No contract shall be canceled
under Section 7 until after the City has given notice of, and has held, a
public hearing on the matter. Notice of the hearing shall be mailed to the
last known address of each property owner within 300 feet of the Historic
Property, and shall be published in a local news paper, of general
circulation.
9. CANCELLATION; FEE; PAYMENT: If a contract is canceled
prematurely under Section 7, Owner shall pay a cancellation fee as required
by Section 50286 of state law.
Strasbaugh Development, LLC.
by: Dated: U a , . 13
City
by:
of S Luis Obispo
Dated: cq
�J
Attest: ( 3T—X Moi-tt$r ITT i�EO�
E 1039\his1prop.d x
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STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
On i
0
5
Wk 1L.. personally
appeared U`71C' /v-, a�� �" "" •°
ly 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 his/her /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 my hand and official seal.
COMM. #1181483
.mreov D1IBLIC - CALIFORNIA
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
rial seal)
On 'J lgg9before me, TAQ tQ Y- `IIL l C i personally
appeared 01 1 C� Y-NQ S personal
lv known to me ( e) to be the person(4 whose
nameV i /aie- subscribed to the within instrument and acknowledged to me that &she/ e ,
executed the same K herkheir authorized capacity Q, and that by6A*d+hir signature on
the instrument the personAd or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal.
a. __. wN �.._
OFFICIAL SEAL
DIANE R. STUART
3 NOTARY PUBLIC • CALIFORNIA
COMMISSION N 1142689 C
SAN LUIS OBISPO COUNTY
My Canrtdsslon Eqx June 20.2001
(This area for official notarial seal)
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END OF DocUMENT
RECORDING'REQUESTED BY.
FIRST AMERICAN TITLE INSURANCE CO
And When Recorded Mail to:
The City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Doc No: 2000 -028iJ Rpt No: 00038597
Official Records ;NF -1 0.00
San Luis Obispo Co.
Julie L. Rodewald
Recorder ;
May 25, 2000
Time: 08:00
C 151
;TOTAL 0.00
CORRECTING
CORPORATION GRANT DEED
AND AIR SPACE EASEMENT
This deed is being re- recorded to
Correct the legal descriptions.
Recorded Requested by:
FIRST AMERICAN TITLE
ORDER NO. 936102 -YMH
When Recorded Mail to:
THE CITY OF SAN LUIS OBISPO
990 Palm St.
San Luis Obispo; CA 93401
93loioc2- /
A.P.N. 03- 527 -20
Doc No: 1998 - 079108
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Nov 25, 1998
Time: 15:45
[ 8)
CORPORATION GRANT DEED
Rpt No: 00098953
NF -1 0.00
;TOTAL 0.00
CORPORATION GRANT DEED
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, THE UNITED STATES POSTAL SERVICE, an Independent
Establishment of the Federal Government of the United States, ( "Grantor ), does hereby
GRANT to THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation of
the State of California, ( "Grantee "), that certain real property situated in the City of San
Luis Obispo, County of San Luis Obispo, State of California, and more particularly
described in Exhibit "1" attached and hereby made a part hereof, the ( "Property ").
Grantor excepts from the Property and reserves unto itself, its successors and assigns, all
minerals and mineral rights, interests, and royalties, including, without limiting, the
generality thereof, oil, gas and other hydrocarbon substances, as well as metallic or other
solid minerals, in and under the Property; however, Grantor or its successors and assigns,
shall not have the right for any purpose whatsoever to enter upon, into, or through the
surface of the Property in connection therewith.
Grantor also reserves, from the Property, unto itself, an exclusive Air Space
Easement over the property described on Exhibit "T', attached hereto and made a part
hereof, as the Air Space Easement property, in which areas Grantor shall have the right to
operate and park surface vehicles, owned and operated by Grantor employees or
customers of Grantor, necessary for the functioning of Grantor's business.
Grantee, by signing below, expressly acknowledges that Grantee is buying the Property in
an "AS IS" condition and that Grantee has relied upon its own independent investigation
of the physical condition of the Property.
This Grant is made subject to all covenants, conditions, restrictions, exceptions,
easements, rights -of -way, rights -of- access, agreements, reservations, encumbrances,
liens and other matters as the same may be of record; any matters which would be
disclosed by survey, investigation or inquiry; and any tax, assessment or other
govermnental lien against the Property.
IN WITNESS WYIEREOF, G ntor h s caused these presents to be executed in
duplicate this 13' day of &v t e.- , 1998.
GRANTOR
THE UNITED STATES POSTAL SERVICE
Loon
idyl W. Alder
Title. ontractine Officer
Attest:
^ iS 41
is � 7
� zs ,
Grantee hereby accepts
bound by the conditions
Grantee set forth herein.
Dated this lfll� day of
this deed and agrees for itself, its successors and assigns, to be
and covenants set forth herein and to perform all obligations of
wo Aft" �r , 1998.
THE CITY OF SAN LUIS OBISPO
Title: 4DnMU1SiRA`r%Ve OPP%CBp,
EXHIBIT 1
Commencing at the south east corner of Lot 5 of Block 100 of the Mission Vineyard
Tract addition to the City of San Luis Obispo, State of California as recorded in Book A
of maps, Page 143 in the Office of the County Recorder, San Luis Obispo County,
California also being the true Point of Beginning; thence northwesterly along the
easterly lot line of Lot 5 a distance of 15.24 meters (50 feet) to the northeast corner of
said lot 5 also being the southeast corner of lot 4 of Block 100 of the Mission Vineyard
Tract; thence continuing northwesterly along the easterly lot line of Lot 4 a distance of
15.24 meters (50 feet) to the northeast corner of Lot 4 also being the southeast corner of
Lot 3 of the Mission Vineyard Tract; thence continuing northwesterly along the easterly
lot line of Lot 3 a distance of 19.973 meters (36 feet); thence southwesterly and
perpendicular to the easterly lot line of Lot 3, 36 feet from and parallel to the southerly lot
line of Lot 3, a distance of 36.363 meters (119.3 feet) to the westerly lot line of said Lot
3; thence continuing southeasterly along said westerly lot line of Lot 3 a distance of
19.973 meters (36 feet) to the southwest corner of Lot 3 also being the northwest corner
of Lot 4 of Block 100 of the Mission Vineyard Tract; thence continuing southeasterly
along the westerly lot line of Lot 4 a distance of 15.24 meters (50 feet) to the southwest
corner of said Lot 4 also being the northwest corner of Lot 5 of Block 100 of the Mission
Vineyard Tract; thence continuing southeasterly along the westerly lot line of said Lot 5 a
distance of 15.24 meters (50 feet) to the southwest corner of Lot 5; thence northeasterly
along the southerly lot line of Lot 5 a distance of 36.363 meters (119.6 feet) to the Point
of Beginning.
Containing 4,945.329 square meters (16,224.8 square feet).
EXHIBIT 2
AIR SPACE EASEMENT
THIS AIR SPACE EASEMENT AGREEMENT is made this 13 !.� day of /Veve. ker,1998,
by and between THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the
State of California, herein termed "Grantor ", and THE UNITED STATES POSTAL
SERVICE, An Independent Establishment of the Federal Government, herein termed "Grantee ";
WITNESSETH:
Grantor is the owner of that certain property described as follows:
The southerly thirty six feet (36') of Lot 3, and Lots 4 and 5 of Block 100 of the Mission
Vineyard Tract addition to the City of San Luis Obispo, State of California as recorded in
Book A of maps, Page 143 in the Office of the County Recorder, San Luis Obispo
County, California
2. Grantee is the owner of that certain property described as:
The northerly fourteen feet (14') of Lot 3, and Lots 1 and 2 of Block 100 of the Mission
Vineyard Tract addition to the City of San Luis Obispo, State of California as recorded in
Book A of maps, Page 143 in the Office of the County Recorder, San Luis Obispo
County, California
3. Grantor hereby grants to Grantee an air space easement to maintain postal operations
including the delivery and removal of mail, the ability of postal employees to park their personal
vehicles near their place of employment and provide a limited amount parking for disabled and
non - disabled postal customers on and across that certain real property in the City of San Luis
Obispo, County of San Luis Obispo, State of California, as more particularly depicted/described
on Exhibit "A" attached hereto and made a part hereof (hereinafter "Easement Area" or
"Easement ").
4. This grant is made subject to all covenants, conditions, restrictions, exceptions, easements,
rights -of -way, rights -of- access, agreements, reservations, encumbrances, liens and other
matters as the same may be of record; any matters which would be disclosed by survey,
investigation or inquiry; and any tax, assessment or other governmental lien against the
Easement Area.
5. The parties intend that the promises and obligations of this easement shall bind solely to the
parties herein described and shall not inure to the benefit of the grantee's respective successors or
assigns (with the exception of any successors to the Untied States Postal Service) but shall
remain with the grantee so long as grantee is the owner of the receiving property. At such time
as Grantee (or any successor to the United States Postal Service) is no longer the owner of the
property described in Paragraph 2 above, this Air Space Easement shall automatically terminate,
and Grantee (or any successor to the United States Postal Service) shall fully cooperate with
Grantor and execute any and al documents deemed necessary by Grantor to extinguish this Air
Space Easement and clear title to Grantor's property as described in Paragraph 1 above.
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement
and duplicate as of the day and year first herein written.
GRANTOR:
THE CITY OF SAN LUIS OBISPO
Title:: C1Ty OFFtCQrI,
GRANTEE
THE UNITED STATES POSTAL SERVICE
By:
Title: Co IV,, % , � s 4T1 c pr
I DK4 am I I IN W.1
A volume of air being 4.6 meters (15.09 feet) in height above the surface elevation at all
points as described by the following horizontal property description:
Commencing at the south east corner of Lot 5 of Block 100 of the Mission Vineyard
Tract addition to the City of San Luis Obispo, State of California as recorded in Book A
of maps, Page 143 in the Office of the County Recorder, San Luis Obispo County,
California; thence northwesterly along the easterly lot line of Lot 5 a distance of 4.572
meters (15 feet); thence southwesterly and perpendicular to said easterly line of Lot 5,
4.572 meters (15 feet) from and parallel to the southerly lot line of Lot 5, a distance of
4.572 meters (15 feet) to the True Point of Beginning; thence northwesterly
perpendicular to the southerly lot line of Lot 5, along a line 4.572 meters (15 feet) from
and parallel to the easterly lot line of Lot 5 a distance of 10.668 meters (35 feet), also
being a point on the common lot line between Lot 5 and Lot 4 of Block 100 of the
Mission Vineyard tract; thence continuing northwesterly along a line 4.572 meters (15
feet) from and parallel to the easterly line of Lot 4 a distance of 15.24 meters (50 feet)
also being a point on the common lot line between Lot 4 and Lot 3 of Block 100 of the
Mission Vineyard tract; thence continuing northwesterly along a line 4.572 meters (15
feet) from and parallel to the easterly line of Lot 3 a distance of 10.973 meters (36 feet);
thence southwesterly and perpendicular to the easterly lot line of Lot 3, 10.973 meters (36
feet) from and parallel to the southerly lot line of Lot 3, a distance of 31.791 meters
(104.3 feet) to the westerly lot line of said Lot 3; thence continuing southeasterly along
said westerly lot line of Lot 3 a distance of 19.973 meters (36 feet) to the southwest
corner of Lot 3 also being the northwest corner of Lot 4 of Block 100 of the Mission
Vineyard Tract; thence continuing southeasterly along the westerly lot line of Lot 4 a
distance of 15.24 meters (50 feet) to the southwest corner of said Lot 4 also being the
northwest corner of Lot 5 of Block 100 of the Mission Vineyard Tract; thence continuing
southeasterly along the westerly lot line of said Lot 5 a distance of 10.668 meters (35
feet) to a point, said point being 4.572 meters (15 feet) northwesterly from the southwest
corner of Lot 5; thence northeasterly perpendicular to the westerly lot line of Lot 5, along
a line 4.572 meters (15 feet) from and parallel to the southerly line of Lot 5, a distance of
31.791 meters (104.3 feet) to the Point of Beginning.
Said horizontal area containing 1,172.469 square meters (12,620.3 square feet) and said
volume of air containing 5,393.357 cubic meters (190,440.33 cubic feet).
Excepting therefrom all air space, occupied by structural colunms (10) and one stairwell,
of approximately 13.343 square meters or 60.045 cubic meters (143.625 square feet or
2119.91 cubic feet).
}
STATE OF . COLORAM }ss.
COUNTY OF }
On November 13, 1998 before me,
personally appeared RANEIYL W- ALDER
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 his /her/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 my hand and official seal.
Signature
November 23, 1998
My Commission expires 9/26/2001
(mis area for oft!LW rotarfal seaq
Title of Document corporation Grant need
Date of Document Nov- 13, 1998
aoos (1194) (Genera)
First Ame_�n Tale .ft?suraace -Co_ I!nV8nY
800 /C00 0ls OOIVA 6222 US S0S Xd3 6T :9T 86 /CZ /TT
EXHIBIT 1
Commencing at the south east corner of Lot 5 of Block 100 of the Mission Vineyard
Tract addition to the City of San Luis Obispo, State of California as recorded in Book A
of maps, Page 143 in the Office of the County Recorder, San Luis Obispo County,
California also being the true Point of Beginning; thence northwesterly alone the
easterly lot line of Lot 5 a distance of 50 feet to the northeast comer of said lot 5 also
being the southeast corner of lot 4 of Block 100 of the Mission Vineyard Tract; thence
continuing northwesterly along the easterly lot line of Lot 4 a distance of 50 feet to the
northeast corner of Lot 4 also being the southeast corner of Lot 3 of the Mission Vineyard
Tract; thence continuing northwesterly along the easterly lot line of Lot 3 a distance of 39
feet; thence southwesterly and perpendicular to the easterly lot line of Lot 3, 39 feet from
and parallel to the southerly lot line of Lot 3, a distance of 119.3 feet to the westerly lot
line of said Lot 3; thence continuing southeasterly along said westerly lot line of Lot 3 a
distance of 39 feet to the southwest corner of Lot 3 also being the northwest corner of Lot
4 of Block 100 of the Mission Vineyard Tract; thence continuing southeasterly along the
westerly lot line of Lot 4 a distance of 50 feet to the southwest corner of said Lot 4 also
being the northwest corner of Lot 5 of Block 100 of the Mission Vineyard Tract; thence
continuing southeasterly along the westerly lot line of. said Lot 5 a distance of 50 feet to
the southwest corner of Lot 5; thence northeasterly along the southerly lot line of Lot 5 a
distance of 119.3 feet to the Point of Beginning.
Containing 16,582.7 square feet.
ATTACHMENT NO. 1
EASEMENTS
THIS EASEMENT AGREEMENT is made this 18th day of May , 2000, by
and between THE CITY OF SAN LUIS OBISPO, -a chartered municipal corporation of
the State of California, herein termed "Grantor ", and THE UNITED STATES POSTAL
SERVICE, An Independent Establishment of the Federal Government, herein termed
"Grantee ";
WITNESSETH:
Grantor is the owner of those certain properties described as follows:
Parcel 1.
The southerly thirty nine feet (39') of Lot 3, and Lots 4 and 5 of Block 100 of the
Mission Vineyard Tract addition to the City of San Luis Obispo, State of
California as recorded in Book A of maps, Page 143 in the Office of the County
Recorder, San Luis Obispo County, California
Parcel 2.
Lots 9, 10, 11 of Block 100 of the Mission Vineyard Tract addition to the City of
San Luis Obispo, State of California as recorded in Book A of maps, Page 14' ) in
the Office of the County Recorder, San Luis Obispo County, California
Parcel 3.
Lots 12, 13, 14 of Block 100 of the Mission Vineyard Tract addition to the City
of San Luis Obispo, State of California as recorded in Book A of maps, Page 14'
the Office of the County Recorder, San Luis Obispo County, California
2. Grantee is the owner of that certain property described as:
The northerly eleven feet (11') of Lot 3, and Lots 1 and 2 of Block 100 of the
Mission Vineyard Tract addition to the City of San Luis Obispo, State of
California as recorded in Book A of maps, Page 143 in the Office of the County
Recorder, San Luis Obispo County, California
Grantor hereby grants to Grantee an AIR SPACE EASEMENT to maintain postal
operations including the delivery and removal of mail, the ability of postal employees
to park their personal vehicles near their place of employment and provide a limited
amount of parking for disabled and non - disabled postal customers on and across that
certain real property in the City of San Luis Obispo, County of San Luis Obispo,
State of California, as more particularly depicted/described on Exhibit "2" attached
hereto and made a part hereof (hereinafter "Air Space Easement Area" ).
3. Grantor hereby grants to Grantee, EASEMENTS to maintain postal operations
including the delivery and removal of mail, on and across that certain real property in the
City of San Luis Obispo, County of San Luis Obispo, State of California, as more
particularly depicted /described on Exhibit "2" attached hereto and made a part hereof
(hereinafter "Easements ").
4. This grant is made subject to all covenants, conditions, restrictions, exceptions,
easements, rights -of -way, rights -of- access, agreements, reservations, encumbrances, liens
and other matters as the same may be of record; any matters which would be disclosed by
survey, investigation or inquiry; and any tax, assessment or other governmental lien
against the Easement Area.
5. The parties intend that the promises and obligations of these easements shall bind
solely to the parties herein described and shall not inure to the benefit of the grantee's
respective successors or assigns (with the exception of any successors to the Untied
States Postal Service) bin shall remain with the grantee so long as grantee is the owner of
the receiving property. At such time as Grantee (or any successor to the United States
Postal Service) is no longer the owner of the property described in Paragraph 2 above,
these Easements shall automatically terminate, and Grantee (.or any successor to the
United States Postal Service) shall fully cooperate with Grantor and execute any and alL
documents deemed necessary by Grantor to extinguish these Easements and clear title to
Grantor's property as described in Paragraph 1 above.
IN WITNESS WHEREOF, the parties hereto have executed this Easement
Agreement and duplicate as of the day and year first herein written.
GRANTOR:
THE CITY OF SAN LUIS OBISPO
woo � NO
Title: � ej z
GRANTEE
THE UNITED STATES POSTAL SERVICE
y
itle: ro,. ` VAC ,tip 0 Cpl CPv
EXHIBIT 2
AIR SPACE EASEMENT
A volume of air being 13.00 feet in height above the surface elevation at all points as
described by the following horizontal property description:
Commencint, at the south west corner of Lot 5 of Block 100 of the Mission Vineyard
Tract addition to the City of San Luis Obispo, State of California as recorded in Book A
of maps, Page 143 in the Office of the County Recorder, San Luis Obispo County,
California; thence northwesterly along the westerly lot line of Lot 5 a distance of 16.08
feet to the True Point of Beginning; thence continuing northwesterly along said westerly
lot lines of Lots 3, 4 and 5, 89.89 feet; thence northeasterly and perpendicular to the
westerly lot line of Lots 3 and 4 a distance of 2.13 feet., thence northwesterly from and
parallel to the westerly lot line of Lots 3 and 4 a distance of 20.18 feet; thence
northeasterly along a line parallel to the northerly .line of Lot 4 a distance of 68.90 feet;
thence southeasterly along a line parallel to the easterly line of Lots 3 and 4 a distance of
20.18 feet; thence northeasterly and parallel to the westerly lot line of Lot 4, a distance of
32.81 feet; thence southeasterly and parallel to the easterly lot line of Lot 4 a distance of
54.79 feet; thence southwesterly along a line parallel to the southerly line of Lot 5 a
distance of 15.75 feet; thence southeasterly and parallel to the easterly lot line of Lot 5 a
distance of 26.57 feet; thence southwesterly along a line parallel to the southerly line of
Lot 5 a distance of 25.26 feet; thence southeasterly and parallel to the easterly lot line of
Lot 5 a distance of 8.53 feet; thence southwesterly along a line parallel to the southerly
line of Lot 5 a distance of 62.83 feet to the Point of Beginning.
Said horizontal area eontaining9956.29 square feet and said volume of air
containing] 29,431.73 cubic feet.
Excepting therefrom all air space, occupied by structural columns, walkways, and
structural appurtenances.
ACCESS EASEMENT
An Access easement allowing passage of any and all vehicles owned by Grantee or used
to service the business needs of Grantee more particularly described as follows:
Beginning at a point 11 feet southeasterly of the northeasterly corner of Lot 3, of
Block 100 of the Mission Vineyard Tract addition to the City of San Luis Obispo,
State of California as recorded in Book A of maps, Page 143 in the Office of the
County Recorder, San Luis Obispo County, California: a ten (10) foot wide egress
easement the northerly line of which is 11 feet from and parallel to the northerly
line of said Lot 3 and terminates at the westerly lot line of said Lot 3.
EGRESS EASEMENT
An Egress easement allowing passage of any and all vehicles owned by Grantee or used
to service the business needs of Grantee more particularly described as follows:
A fifteen (15) foot wide egress easement the centerline of which is described as:
Beginning at a point 10 feet southeasterly of the northwest comer of Lot 3 and the
northeast corner of Lot 9 of said Block 100 of the Mission Vineyard Tract
addition to the City of San Luis Obispo, State of California as recorded in Book A
of maps, Page 143 in the Office of the County Recorder, San Luis Obispo Tract;
thence southwesterly and parallel to the northerly lot line of Lot 9 a distance of
61.63 feet; thence southeasterly parallel to the westerly lot line of Lot 9 and the
easterly lot line of Lot 10 a distance of 140 feet to a point on the southerly lot line
of Lot 10 and the point of termination.
STATE OF COLORADO )
CITY AND COUNTY OF DENVER )
On May 15, 2000 , before me, Gloria M. Charlson
personally appeared Randyl W. Alder, Contracting Officer, personally known to
me (or proved to me on the basis of satisfactory evidence) to be the person
whose name us subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person acted,
executed the instrument.
Witgess',ft hand and official seal.
';l; OF,C�;�C�
Signature
1 Commission Expires
END OF DOCUMENT