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Home My WebLink AboutD-1496 Sports Fields 076-391-004 Recorded 08/04/1999' 1 .r RECORDING REQUESTED BY: CUESTA TITLE COMPANY AND WHEN RECORDED MAIL TO CITY OF SAN LUIS OBISPO, a Charter Municipal Corporation 1341 Nipomo Street San Luis Obispo, CA 93401 ESCROW NO. SL- 72356 -JLH Doc No: 1999056626 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Aug 04, 1999 Time: 08:00 GRANT DEED 4) . Rpt No: 00070322 UN ;NF —1 ;TOTAL 2,200.00 0.00 2,200.00 TITLE ORDER NO. 72356 FILED FEE PAID I EXEMPT OUT OF THE UNDERSIGNED GRANTOR(S) DECLARE(s) (` STATE DOCUMENTARY TRANSFER TAX is $2,200.00 J [X] computed on full value of property conveyed, or [ ] computed on full value less value of liens or encumbrances remaining at time of sale. [XI Unincorporated area [ ] City of , AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DOUGLAS G. DAMON and EILEEN M. DAMON, Trustees of the Damon Family Trust under Agreement dated August 11, 1994, as to an undivided 1/2 interest and ROY A. GARCIA and DOLLY H. GARCIA, Co- Trustees of the Roy A. Garcia Family Revocable Trust dated April 2, 1992, as to an undivided 1/2 interest hereby GRANT(s) to: CITY OF SAN LUIS OBISPO, a Charter Municipal Corporation that certain real property in the County of San Luis Obispo, State of California, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND MADE A PART HEREOF. A.P. #PTN of 076,391,004 DATED July 27, 1999 STATE OF CALIFORNIA COUN OF 32 GGC O On - — before me, 222 a Notary Public in af�d for said State, personally app ared �0U-ai%5 U. lJ0.mOV� S, IQPh Vial - mOh (A - ,A ('(A0. lt I OILu R . G are. &— T 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. Signatu Mail tai statements to: DOUGLAS G. DAMON and EILEEN M. DAMON, Trustees of the Damon Family Trust under Agyee.ccLent dated August 11, 199,4 --, e7otrgias LT.- wamon, LFusree Eileen M. Damon, Trustee ROY A. GARCIA and DOLLY H. GARCIA, Co- Trustees of the Roy . Garcia Family Revocable Trus�ated Aj*il 2, lV r, )oily m/ uercla, Iustee JAN H-I NOTE Comm. #1167402 Notary Public California N SAN LUIS OBISPO Ja COUNTy� My Come. Expires Jan. 2.:OQ2 s rea o offrMa no na seal) D / V9� e.3 UESTA ITLE 1011 PACIFIC STREET, SAN LUIS OBISPO, CALIFORNIA 93401 P.O. BOX 1265, SAN LUIS OBISPO, CA. 93406 (805) 544 -1860 e FAX: (805) 541 -1769 UESTA ITLE 1011 PACIFIC STREET, SAN LUIS OBISPO, CALIFORNIA 93401 P.O. BOX 1265, SAN LUIS OBISPO, CA. 93406 '(805) 544 -1860 + FAX: (805) 541 -1769 UES I. A ITLE 1011 PACIFIC STREET, SAN LUIS OBISPO, CALIFORNIA 93401 P.O. BOX 1265, SAN LUIS OBISPO, CA. 93406 (805) 544 -1860 0 FAX: (805) 541 -1769 Being a Portion of Lot 86 and 87 of the San Luis Obispo Suburban Tract as recorded in Book l ai Page 92 of Records of Survey in the County Recorder's office in the County of Sari Luis Obispo, Sta.t '"of California, more particularly described as follows: Beginning at the . Northwest corner of Lot 85 of said Suburban Tract; thence N66 °43'40 "E along the southerly line of said Lot 86 a distance of 216.81 m to its intersection with the westerly right- of.way line of Broad Strcet, also being State Highway 227; thence northerly along said westerly right -of -way line and the are of a 2150.36 m radius curve coneavi! easterly whose radius point bears N69 °39' 17 "E, through a central angle of 03 °52'06" an 'arc' distance of 145.18 m; thence N16 °28'37 "W. a distance of 152.93 m; thence, leaving said, right -of -way line, S66 °26'51 "W a distance of 90.77 m; thence westerly along the arc of a tangent curve, concave to the SE, having a radius of: 336.00 m and a central angle of 19 129'52" an arc distance of 114.34 m; thence S46 °56'59 7'W a distance of 162.43 m, to a point on the westerly line of said Lot 86, said point also being on the westerly line of Section 1 of T 30 S and R 12 E; thence southerly along said westerly line „SO1 °32'45 "W a distance of 155.30 m to the southwest corner of said Lot 86, also being the south west corner of said Section 1; thence easterly along the southerly line of said. Lot 86, 'S88 °27' 15 "E a distance of 191.32 m to the Point of Beginning. Containing 9.52 . hectares' or 23.5 acres more or less 7/30/99 Wca \p \99 -02I \4oc \Igl2.wp9 i i I i; i i i I i; RESOLUTION NO. 8941(1999 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO. APPROVING A PURCHASE AND SALES AGREEMENT WITH THE CO- TRUSTEES OF THE ROY A GARCIA REVOCABLE TRUST FOR THE ACQUISITION OF 23.5 ACRES OF THE DAMON- GARCIA RANCH, AT A COST OF $2,000,000, FOR THE PURPOSE OF CONSTRUCTING SPORTS FIELDS WHEREAS, the City of San Luis Obispo (City) is a California Charter Municipal corporation; and WHEREAS, the City, acting through its City Council, has determined that a 23.5 acre portion of the Damon - Garcia Ranch in the city is an appropriate site on which to construct sports fields; and WHEREAS, additional sports fields is a community need, identified in the Parks and Recreation Element/Master Plan approved by the City Council in 1997; and WHEREAS, the Co- Trustees of the Roy A. Garcia Revocable Trust, the legal owners of this property, have agreed to its sale; and WHEREAS, the purchase of this property would serve an important municipal purpose. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San. Luis Obispo hereby approves this purchase and sales agreement and the conditions described therein. BE IT FURTHER RESOLVED that the Council finds this purchase is exempt under Section 15325 of the California Environmental Quality Act. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the Purchase and . Sales Agreement. Upon motion of Vice Mayor Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None Resolution No. 8941(1999 -ies) Page 2 The foregoing resolution was passed and adopted this 15" day of June 1999. ayor A len §Afc .- APPROVED AS TO FORM: 4 Attorney END OF DOCUMENT i UESTA IT LE CITY OF SAN LUIS OBISPO, a Charter Municipal Date: August 18, 1999 Corporation Escrow No. SL- 72356 -JLH 1341 Nipomo Street Re: Vacant Land, Hwy 227 San Luis Obispo, CA 93401 San Luis Obispo, CA Dear Mr. LeSage: In connection with the above referenced escrow, we enclose the following items: RETAIN FOR YOUR RECORDS: Title Policy If you have any questions regarding the enclosed, please don't hesitate to phone the undersigned. Sincerely, CUESTA TITLE C .MPANY J Hinote Certified Escrow Officer 1011 PACIFIC STREET, SAN LUIS OBISPO, CALIFORNIA 93401 P.O. BOX 1265, SAN LUIS OBISPO, CA. 93406 (805) 544 -1860 o FAX: (805) 541 -1769 CLTA STANDARD COVERAGE POLICY - 1990 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1- 800 - 729 -1902. If you make a claim under your policy, you must furnish written notice in accordance with Ser"-n 3 of the Conditions and Stipulations. -- Visit our World -Wide Web site at: http: / /wvfw.stewar POLICY OF TITLE INSURANCE ISSUED BY S T EWART 'TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; 7. The invalidity or unenforceability of any assignment of the insured mortgage, provided the assignment is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Signed under seal for the Company, but this Policy is to be valid only when it bears an authorized countersignature. .)�;tD 11: ,1/ (inlll ih i STENVAIZT TITLE GUARANTY COMPANY sMy' CNJP -1597- 579604 151 (Rev. 1- 19 -91) President Chairman Boar ........ The Countersigned by: Z- Gp8POR4TP':< OS�o CUESTA TITLE COMPANY Company SAN LUIS ORISPO rA _ City, State sMy' CNJP -1597- 579604 151 (Rev. 1- 19 -91) President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting; regulat- ing, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance. resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice-cif tRg�eof has been recorded in the public records at Date of Policy, but not excluding from coverage any,taking`which`has occurred prior to Date of Policy'which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had value paid for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based.upon usury or any consumer credit protection or truth in lending law. b. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distin- guished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary succes- sors. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and eacr successor in ownership of the indebtedness except a successor who is an obligor under the provisions of Section 12(c) of these Conditions and Stipula- tions (reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor insured, unless the successor acquired the indebtedness as a purchaser for value without knowledge of the asserted defect, lien, encumbrance, adverse claim or other matter insured against by this policy as affecting title to the estate or interest in the land); (ii) any governmental agency or governmental instrumentality which is an insurer or guarantor under an insurance contract or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage, or any part thereof, whether named as an insured herein or not; (iii) the parties designated in Section 2(a) of these Conditions and Stipulations. (b) "insured claimant ": an insured claiming loss or damage. (c) "insured lender ": the owner of an insured mortgage. () "insured mortgage ": a mortgage shown in Schedule B, the owner of which is named as an insured in Schedule A. (e) "knowledge" or "known ": actual knowledge, not constructive knowk edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (f) "land ": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term ' land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (g) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (h� "public records ": records established under state statutes at Date of Policy or the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (i) "unmorketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A or the insured mortgage to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE. (a) After Acquisition of Title by Insured lender. If this policy insures the owner of the indebtedness secured by the insured mortgage, the coverage of this policy shall continue in force as of Date of Policy;- favor of (i) such insured lender who acquires all or any part of the estatr terest in the land by foreclosure, trustee's sale, conveyance in lieu of . _iosure, or other legal manner which discharges the lien of.the insured mortgage; (ii) a transferee of the estate or interest so acquired from an insured car oration, provided the . transferee is the parent or wholly -owned subsidiary of the insured corporation. and their corporate successors by operation of law and not by purchase, subject to any rights or defenses the Company may have against any predecessor insureds; and (iii) any governmental agency or governmental instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage. (b) After Conveyance of Title by an Insured. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from an insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to an insured. (c) Amount of Insurance. The amount of insurance after the acquisition or after the conveyance by an insured lender shall in neither event exceed the least of: (i) The amount of insurance stated in Schedule A; (ii) The amount of the principal of the indebtedness secured by the insured mortgage as of Date of Policy, interest thereon, expenses of foreclosure, amounts advanced pursuant to the insured mortgage to assure compliance with laws or to protect the lien of the insured mortgage prior to the time of acquisi- tion of the estate or interest in the land and secured thereby and reasonable amounts expended to prevent deterioration of improvements, but reduced by the amount of all payments made; or (iii) The amount paid by any governmental agency or governmental instrumentality, if the agency or the instrumentality is the insured claimant, in the acquisition of the estate or interest in satisfaction of its insurance contract or guaranty. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. An insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest or the lien of the insured mortgage, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest or the lien of the insured mortgage, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to that insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by an insured and subject to the options contained in Section b..f these Conditions and Stipulations,,the Company, at its own cost and withou` `?.` :.isonable delay, shall provide for the defense of such insured in litigation ii: `ch any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a SCHEDULE A ORDER NO. SL- 72356 -JLH POLICY NUMBER CNJP- 1597 - 579604 DATE OF POLICY AUGUST 4, 1999 at 08:00 AM AMOUNT OF INSURANCE $200,000.00 PREMIUM $4.576.00 1. Name of Insured: CITY OF SAN LUIS OBISPO, A CHARTER MUNICIPAL CORPORATION 2. The estate or interest in the land is vested in: A FEE 3. Title to the estate or interest in the land is vested in: CITY OF SAN LUIS OBISPO, A CHARTER MUNICIPAL CORPORATION 4. The land referred to in this policy is described in Schedule C attached hereto and made a part hereof: This Policy valid only if Schedule B is Attached. SCHEDULE B CUESTA TITLE COMPANY POLICY NUMBER: CNJP- 1597 - 579604 This policy does not insure against loss or damage nor against costs, attorney's fees or expenses, any or all of which arise by reason of the following: PART I 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records by which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens or encumbrances or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exception in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. PART II SEE FOLLOWING PAGE CUESTA TITLE COMPANY SCHEDULE B CONTINUED POLICY NUMBER: CNJP - 1597 - 579604 1. GENERAL AND SPECIAL CITY AND /OR COUNTY TAXES, INCLUDING ANY ASSESSMENTS COLLECTED WITH TAXES, TO BE LEVIED WHICH ARE A LIEN NOT YET PAYABLE. FISCAL YEAR 1999 - 2000. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. RIGHTS OF THE PUBLIC IN AND TO ANY PORTION OF SAID PROPERTY LYING WITHIN THE LINES OF HOPKINS LANE. 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO PACIFIC GAS AND ELECTRIC COMPANY, A CALIFORNIA CORPORATION PURPOSE PUBLIC UTILITIES RECORDED OCTOBER 20, 1953 AS INSTRUMENT NO. 13916 IN BOOK 730, PAGE 233 OF OFFICIAL RECORDS AFFECTS 80 FOOT WIDE PORTION OF SAID LOT 87 OF PARCEL A NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. 5. A WAIVER IN FAVOR OF THE STATE OF CALIFORNIA OF ANY CLAIM FOR DAMAGES TO SAID LAND BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING AND MAINTENANCE OF A HIGHWAY /FREEWAY CONTIGUOUS THERETO, AS CONTAINED IN THE DEED FROM IRENE BRUGHELLI, A WIDOW, AND IRENE BRUGHELLI, EXECUTRIX OF THE ESTATE OF AURELIO BRUGHELLI, DECEASED RECORDED MARCH 8, 1968 AS INSTRUMENT NO. 4495 IN BOOK 1467, PAGE 676 OF OFFICIAL RECORDS; AFFECTS PORTION OF PARCEL A CONTIGUOUS TO HIGHWAY 227 CONTINUED CUESTA TITLE COMPANY POLICY NUMBER: 1597 - 579604 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO STATE OF CALIFORNIA PURPOSE DRAINAGE, HIGHWAY SLOPE, AND UTILITIES RECORDED AUGUST 11, 1975 AS INSTRUMENT NO. 25832 IN BOOK 1847, PAGE 344 OF OFFICIAL RECORDS AFFECTS PORTIONS OF PARCEL A NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. AMONG OTHER THINGS, SAID DOCUMENT PROVIDES FOR; RESERVING UNTO GRANTORS OF THE ABOVE- DESCRIBED PARCELS OF LAND, THEIR SUCCESSORS OR ASSIGNS, THE RIGHT AT ANY TIME TO REMOVE SUCH SLOPES OR PORTIONS THEREOF UPON REMOVING THE NECESSITY FOR MAINTAINING SUCH SLOPES OR PORTIONS THEREOF OR UPON PROVIDING IN PLACE THEREOF OTHER ADEQUATE LATERAL SUPPORT, THE DESIGN AND CONSTRUCTION OF WHICH SHALL BE FIRST BY THE DEPARTMENT OF TRANSPORTATION, FOR THE PROTECTION AND SUPPORT OF SAID HIGHWAY. 7. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO CITY OF SAN LUIS OBISPO PURPOSE WATER PIPELINE AND PUBLIC UTILITIES RECORDED SEPTEMBER 7, 1976 AS INSTRUMENT NO. 35626 IN BOOK 1920, PAGE 684 OF OFFICIAL RECORDS AFFECTS A PORTION OF PARCEL B NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. CONTINUED CUESTA TITLE COMPANY POLICY NUMBER: 1597- 579604 8. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY PURPOSE PUBLIC UTILITIES RECORDED AUGUST 1, 1978 AS INSTRUMENT NO. 36534 IN BOOK 2089, PAGE 501 OF OFFICIAL RECORDS AFFECTS A PORTION OF PARCEL A NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. 9. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO COUNTY OF SAN LUIS OBISPO PURPOSE AVIGATION RECORDED JUNE 1, 1981 AS INSTRUMENT NO. 24328 IN BOOK 2330, PAGE 81 OF OFFICIAL RECORDS AFFECTS PARCEL A AND B NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. 10. COVENANTS, CONDITIONS AND RESTRICTIONS AS SET FORTH IN THE DOCUMENT REFERRED TO IN THE NUMBERED ITEM LAST ABOVE SHOWN. 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT; GRANTED TO CITY OF SAN LUIS OBISPO PURPOSE WATERLINE RECORDED OCTOBER 12, 1990 AS INSTRUMENT NO. 69772 IN BOOK 3592, PAGE 345 OF OFFICIAL RECORDS AFFECTS 20 FOOT WIDE PORTION OF LOT 87 IN PARCEL A AND PORTION OF PARCEL B NO REPRESENTATION IS MADE AS TO THE PRESENT OWNERSHIP OF SAID EASEMENT. END OF SCHEDULE B SCHEDULE C PARCEL A• LOTS 86 AND 87 OF SAN LUIS OBISPO SUBURBAN TRACT, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED FEBRUARY 7, 1906 IN BOOK 1, PAGE 92 OF RECORD OF SURVEYS. EXCEPTING THAT PART OF LOT 87 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT AND RUNNING THENCE SOUTH 23 030' EAST ALONG THE EASTERLY LINE OF SAID LOT, 759.0 FEET TO A POINT; THENCE NORTH 89 043' WEST, 410.3 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT AND THENCE ALONG THE WESTERLY LINE OF SAID LOT, NORTH 0 017' EAST, 638.6 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF LOT 87 AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED MARCH 8, 1968 IN BOOK 1467, PAGE 676 OF OFFICIAL RECORDS. PARCEL B• THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OR PLATES OF THE SURVEY OF SAID LANDS RETURNED TO THE GENERAL LAND OFFICE BY THE SURVEYOR GENERAL. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED AS PARCEL 2 -A IN THE FINAL JUDGEMENT OF CONDEMNATION, SUPERIOR COURT NO. 43833, RECORDED SEPTEMBER 7, 1976 AS INSTRUMENT NO. 35626 IN BOOK 1920, PAGE 684 OF OFFICIAL RECORDS. END OF SCHEDULE C is N. I. rig O rn Eo ril m O to O Ln Z C r) CA 0 0 M, m (A 0 0 z -1 LA !n - )320' N rn 0 m 0 m ra M O O W C CD C m CO Z --I m Oi o Is O �� 1 CO -4 P .. .809one jo,6upLDqq'.swuepp tsuopmww Aug emaimt a4 1m Pug spuel Jew PUR 94"m awo" (N um" Ul puel " emm at Apio SMWJSAM 8 N PKMU04 omw al u -AGAM s jou 91 field WL.-juMjodwj. - O1\ ll r) 0 0 rn Z 0 'A LT) N (D CONDITIONS AND STIPULATIONS Continued (continued from reverse side of Policy Face) defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of such insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The company will not pay any fees, costs or expenses incurred by an insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured, or to prevent or reduce loss or damage to an insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted byy the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, an insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for this purpose. Whenever requested by the Company, an insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting set- tlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest or the lien of the insured mortgage, as insured. If the Company is prejudiced by the failure of an insured to furnish the required cooperation, the Company s obligations to such insured under the policy shall terminate, including any liabil- ity or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Con- ditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by each insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of an insured claimant to provide the required proof of loss or damage, the Company's obligations to such insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage: In addition, an insured claimant may reasonably be required to submit an examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably per- tain to the loss or damage. Further, if requested by any authorized representa- tive of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the cus- tody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by an insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of an insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regulation, shall termi- nate any liability of the Company under this policy as to that insured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance or to Pur- chase the Indebtedness. (1) to pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay; or (ii) in case loss or damage is claimed under this policy by the owner of the indebtedness secured by the insured mortgage, to purchase the indebted- ness secured by the insured mortgage for the amount owing thereon together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of purchase and which the Company is obligated to pay. If the Company offers to purchase the indebtedness as herein provided, the owner of the indebtedness shall transfer, assign, and convey the indebted- ness and the insured mortgage, together with any collateral security, to the Company upon payment therefor. Upon the exercise by the Company of the option provided for in para- graph a(i), all liability and obligations to the insured under this policy, other than to make the payment required in that paragraph, shall terminate, includ- ing any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Upon the exercise by the Company of the option provided for in paragraph a(ii) the Company's obligation to an insured lender under this policy for the claimed loss or damage, other than the payment required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay- Upon the exercise by the Company of either of the options provided for in paragraphs b(i) or b(ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION AND EXTENT OF LIABILITY. This policy is a contract of indemnity against actual monetary loss or dam- age sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy to an insured lender shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A, or, if applicable, the amount of insurance as defined in Section 2 (c) of these Conditions and Stipulations; (ii) the amount of the unpaid principal indebtedness secured by the insured mortgage as limited or provided under Section 8 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipula- tions, at the time the loss or damage insured against by this policy occurs, together with interest thereon; or (iii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the insured lender has acquired the estate or interest in the manner described in Section 2(a) of these Conditions and Stipulations or has conveyed the title, then the liability of the Company shall continue as set forth in Section 7(a) of these Conditions and Stipulations. (c) The liability of the Company under this policy to an insured owner of the estate or interest in the land described in Schedule A shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (d) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. f— editions and stipulations continued and concluded (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, or, if applicable, to the lien of the insured mort gage, as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. (d) The Company shall not be liable to an insured lender for: (i) any indebtedness created subsequent to Date of Policy except for advances made to protect the lien of the insured mortgage and secured thereby and reasonable amounts expended to prevent deterioration of improvements; or (ii) construction loan advances made subsequent to Dote of Policy, except construction loan advances made subsequent to Date of Policy for the purpose of financing in whole or in part the construction of on improvement to the land which at Date of Policy were secured by the insured mortgage and which the insured was and continued to be obligated to advance at and after Date of Policy. 9. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. (a) All payments under this policy, except payments made for costs, attor- neys' fees and expenses, shall reduce the amount of insurance pro tanto. How- ever, as to an insured lender, any payments made prior to the acquisition of title to the estate or interest as provided in Section 2(a) of these Conditions and Stipulations shall not reduce pro tanto the amount of insurance afforded under this policy as to any such insured, except to the extent that the payments reduce the amount of the indebtedness secured by the insured mortgage. (b) Payment in part by any person of the principal of the indebtedness, or any other obligation secured by the insured mortgage, or any voluntary partial satisfaction or release of the insured mortgage, to the extent of the payment, satisfaction or release, shall reduce the amount of insurance pro tanto. The amount of insurance may thereafter be increased by accruing interest and advances made to protect the lien of the insured mortgage and secured there- by, with interest thereon, provided in no event shall the amount of insurance be greater than the Amount of Insurance stated in Schedule A. (c) Payment in full by any person or the voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured lender except as provided in Section 2(a) of these Conditions and Stipulations. 10. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insur- ing a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. The provisions of this Section shall not apply to an insured lender, unless such insured acquires title to said estate or interest in satisfaction of the indebtedness secured by an insured mortgage. 11. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 12. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be. subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, com- promise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated (i) as to an insured owner, to all rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss; and (ii) as to an insured lender, to all rights and remedies of the insured claimant after the insured claimant shall have re- covered its principal, interest, and costs of collection. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair ment by the insured claimant of the Company's right of subrogation. (b) The Insured's Rights and Limitations. Notwithstanding the foregoing, the owner of the indebtedness secured by an insured mortgage, provided the priority of the lien of the insured mortgage or its enforceability is not affected, may release or substitute the personal lia- bility of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness. When the permitted acts of the insured claimant occur and the insured has knowledge of any claim of title or interest adverse to the title to the estate or interest or the priority or enforceability of the lien of an insured mortgage, as insured, the Company shall be required to pay only that part of any losses insured against by this Policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (c) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. The Company s right of subrogation shall not be avoided by acquisition of an insured mortgage by an obligor (except an obligor described in Section 1(a)(ii) of these Conditions and Stipulations) who acquires the insured mortgage as a result of an indemnity, guarantee, other policy of insurance, or bond and the obligor will not be an insured under this policy, notwithstanding Section 1(a)(i) of these Conditions and Stipulations. 13. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured aris- ing out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a Policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of 51,000,000 shall be arbi- trated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrators) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request.. 14. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the insured mortgage or of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 15. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 16. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at P.O. Box 2029, Houston, Texas 77252.2029, and identify this policy by its printed policy serial number which appears on the bottom of the front of the first page of this policy. RECORDING REQUESTED BY CUESTA TITLE COMPANY '7 2356 RECORDING REQUESTED BY lk.C.ITY OF SAN LUIS OBISPO WHEN RECORDED MAIL TO: City of San Luis Obispo Attn: Paul LeSage 1341 Nipomo Street San Luis Obispo, CA 93401 cm iDoc No: 1090 ®054404 Rpt No: 00067645 Official Records ;NF -1 0.00' San Luis Obispo Co. Julie L. Rodewald Recorder Jul 27, 1999 Time: 08:00 141 ;TOTAL 0.00 APN• LU - 0-1 to 0391, Ci01 PURCHASE AND SALE AGREEN1EIIJ THE CITY OF SAN LUIS OBISPO, a California Charter Municipal Corporation, ( "Buyer "), hereby agrees to purchase and DOUGLAS G. DAMON and EILEEN M. DAMON, TRUSTEES OF THE DAMON FAMILY TRUST, and ROY A. GARCIA and DOLLY H. GARCIA, CO- TRUSTEES OF THE ROY A. GARCIA FAMILY REVOCABLE TRUST, ( "Seller "), hereby agree to sell, all of the Seller's right, title and interest in that certain real property in the City of San Luis Obispo, County of San Luis Obispo, together with all easements, rights and appurtenances thereto, as described in "Exhibit A" attached hereto and incorporated by reference. Said Property shall hereinafter be referred to as the "Property." The primary use of the Property shall be for athletic fields and other related facilities, with secondary use for other municipal purposes, including but not limited to roadways, detention basins, and other municipal uses and public facilities consistent with the City of San Luis Obispo General Plan. 1. Purchase Price and Terms The purchase price for the Property shall be Two Million and No /100 Dollars ($2,000,000.00). The purchase price shall be payable as follows: (a) By Buyer paying the amount of Fifty Thousand Dollars ($50,000.00) in the form of a cashier's or certified check or wire transfer, payable to Escrow Holder (the "Deposit "), which shall be deposited by Buyer into Escrow upon the opening thereof, which sum shall be released from escrow and paid to Seller on opening of Escrow. Such sum shall be nonrefundable once the conditions in Paragraphs 2(a), 2(b), and 2(c) have been satisfied. (b) By Buyer paying the balance of the purchase price in the form of a cashier's or certified check or wire transfer, payable to Escrow Holder, which shall be deposited by Buyer into Escrow not less than two (2) days prior to the Closing Date, as defined below. 1 'bl y9(v 2. Conditions Precedent All of Buyer's duties to purchase the Property are expressly conditioned upon the occurrence and satisfaction of each of the following conditions, each of which is deemed exclusively for the benefit of Buyer: (a) Title Report. Buyer's approval of the exceptions to title set forth in a CLTA preliminary title report for the Property (the "Preliminary Title Report"). Buyer shall have ten (10) days after the receipt of the Preliminary Title Report, and copies of all documents referenced therein, to provide to Seller written notice of Buyer's disapproval of any title exception. Any title exception not so disapproved shall be deemed approved, provided that if a supplemental CLTA title report is issued showing aily exception not shown on the Preliminary Title Report, Buyer shall have an additional ten (10) calendar days after receipt of such supplemental Report to approve or disapprove any such title exception. If Buyer disapproves any title exception, Seller shall have no obligation to cure such disapproval (except that Seller shall be obligated to remove any liens) but Seller may elect, by written notice to Buyer within five (5) calendar days after receipt by Seller of such notice of disapproval, to attempt to remove such disapproved items. If Seller is unable within a reasonable, time to accomplish such cure or removal, or if Seller elects not to attempt to. so cure or remove (which election shall be communicated to Buyer within ten (10) days after receipt of Buyer's notice of disapproval), then Buyer may elect to (i) terminate its obligations under this Agreement by providing written notice to Seller, or (ii) waive its objections to such exception, or (iii) elect to correct any such disapproved exception itself, in which case Seller shall use its best efforts to assist Buyer whenever Buyer may request in order to cure any such defect, provided that Seller shall incur no monetary obligations in connection with such cure, and provided escrow shall be extended for a reasonable period in which to effect such cure. Buyer acknowledges that it has reviewed a preliminary title report for the property from Cuesta Title dated December 18, 1998, acid all attaclunents and exceptions thereto, and found the condition of title at that time to be acceptable to Buyer. To the extent an update to the title report discloses no changes to the December 18, 1998 title report, this Condition 2(a) shall be considered satisfied. (b) Inspection and Approval of Property. Buyer's inspection and approval of the Property and all improvements thereon, including at Buyer's option and expense, a soils investigation, a Phase I or Phase II environmental report or any other investigation that the Buyer deems necessary. This condition shall be deemed approved if the Buyer does not send written notice of disapproval to Seller within thirty (30) days after the opening of Escrow. If Buyer discovers through its investigations any defects on the Property, or improvements thereon, which it disapproves of, Seller shall have no obligation to cure 2 such defects but Seller may elect, by written notice to Buyer within five (5) calendar days after receipt by Seller of such notice of disapproval, to attempt to cure such disapproved defects. If Seller is unable within a reasonable time to accomplish such cure, or if Seller elects not to attempt to cure said defects (which election shall be communicated to Buyer within ten (10) days after receipt of Buyer's notice of disapproval), then Buyer may elect to (i) terminate its obligations under this Agreement by providing written notice to Seller, or (ii) waive its objections to such defect, or (iii) elect to correct any such disapproved defect itself, in which case Seller shall use its best efforts to assist Buyer whenever Buyer may request in order to cure any such defect, provided that Seller shall incur no monetary obligations in connection with such cure. (c) Creation of Legal Parcel. The Property is presently a portion of a larger parcel and does not currently exist as a separately conveyable legal parcel. This Property is proposed to be created by government lot, or other similar lot division (excluding a lot line adjustment) at the sole cost and expense of Buyer. Therefore, this agreement is contingent upon approval by the County of San Luis Obispo of a government lot, or other similar lot division (excluding a lot line adjustment) prior to the closing date set forth in Paragraph 3(a) below. Upon the creation of a legal parcel and the close of escrow as provided herein, Buyer shall proceed with annexation of the Property at its sole cost and expense. 3. Escrow and Deposit (a) Closing Date. This purchase and sale shall close upon the recordation of the Grant Deed to Buyer (the "close of Escrow "). The close of Escrow shall occur on or before forty-five (45) days (the "Closing Date ") after a copy of this Agreement (executed by both Buyer and Seller) is deposited with the Escrow Holder, unless extended by mutual agreement of the parties, or as otherwise provided herein. (b) Escrow Holder. Within fifteen (15) business days after the execution of this Agreement, Seller shall open an Escrow fo;• the consummation of the purchase and sale of the Property. with Cuesta Title Guaranty Company, 1011 Pacific St., San Luis Obispo, CA 93401 ( "Escrow Holder "). The Escrow shall be deemed to be "opened" as of the date on which a copy of this Agreement (executed by Buyer and Seller) is deposited with Escrow Holder. (c) Deposit. Escrow Holder is hereby authorized and instructed to cash immediately upon receipt the Deposit referred to in Subparagraph l(a) hereof. (d) Escrow Instructions. Although Escrow Holder may require further written instructions executed by Buyer and Seller to clarify the duties and responsibilities of Escrow Holder, any such further instructions shall not modify or amend the provisions of this Agreement 3 unless any such instructions expressly provide that they are intended to amend or modify the provisions of this Agreement. (e) Title Insurance. Title to the Property shall be conveyed by Grant Deed. Title to the Property shall be insured by a CLTA Owner's policy in the amount of the purchase price, showing title vested in Buyer, subject only to those exceptions specified in the Preliminary Title Report and/or Supplemental Report and accepted by Buyer. Seller shall pay Cuesta Title Guaranty Company for the title policy. Buyer may elect to have title insured by an ALTA policy of title insurance, provided that the Buyer shall pay that portion of the premium which exceeds the costs of a CLTA standard coverage policy of title insurance. Buyer shall also pay the cost of any suney. (f) Fees and Taxes. Buyer agrees to pay all documentary transfer taxes and recording fees. Escrow fees shall be borne equally. Real property taxes shall be prorated as of the close of Escrow, based on the most recently available tax bid. 4. Representations, Warranties, Agreements and Disclaimers (a) Authorized Representative. Buyer and Seller hereby represent and warrant to each other that fhe persons who sign this Agreement and any other documents required to be executed by such party to perform its obligations hereunder, shall have all requisite power and authority to have entered into this Agreement, and that all authorizations required to be obtained by or on the part of such party to execute and perform this Agreement have been obtained. (b) Proof of Citizenship. Seller is not a foreign person as such term is used in Section 1445 of the Internal Revenue Code. Prior to the close of Escrow, Seller shall deposit. in Escrow a non - foreign affidavit as provided under said Section 1445, and the failure to do so shall entitle Buyer to withhold from the purchase price such sums as are required by said Section 1445. (c) Delivery of Property. Possession of the Property shall be delivered by Seller to Buyer upon the close of Escrow. Seller shall have the right prior to the close of escrow to remove all personal property and trade fixtures, if any, provided the Property is left in a sound and tenantable condition. (d) Legal Actions. Seller represents and warrants that there are no actions, suits, or legal proceedings related to the ownership, use, operation or sale of the Property to which Seller is a party nor has Seller received any notice that any such actions are pending or threatened. 4 (e) Delivery of Property. Possession of the Property shall be delivered by Seller to Buyer upon the close of Escrow in an "AS IS - WHERE IS" condition and Seller makes no warranty with respect thereto. Buyer shall rely on its own investigations, except for the disclosures made by Seller pursuant to this Paragraph 4, and the risk of any defects shall be with the Buyer. (f) Seller's Knowledge of the Environmental Conditions of the Property. As an inducement to Buyer to enter into this agreement, Seller, to the best of Seller's knowledge and belief, represents and warrants that: (i) Throughout the period of ownership of the Property by Seller, there have been no notices, directives, violation reports or actions by any local, state or federal department .or agency concerning environmental laws or regulations, and the Property is in compliance with all state and federal environmental laws; (ii) The business and operations of Seller have at all times been conducted in compliance with all applicable federal, state, local or foreign laws, ordinances, regulations, orders and other requirements of governmental authorities on matters relating to the environment. (iii) There has been no spill, discharge, release, cleanup or contamination of or by any hazardous or toxic waste or substance used, generated, treated, stored, disposed of or handled by the Seller on or around the Property. (iv) There are no underground storage tanks located at, on or under the Property. (v) No hazardous or toxic substances or wastes are located at, or have been located on or removed from the Property. (vi) All studies, reports, and investigations, known to Seller, concerning any pollution, toxic building materials or toxic hazardous substances or wastes located at, on, or under the Property have been provided or otherwise been disclosed to Buyer prior to the close of Escrow. (vii) There are no soil or geological conditions which might impair or adversely affect the current use or future plans for use of the Property. 5 5. Notices All notices, communications, consents, approvals and disapprovals required or permitted hereunder must be in writing and shall be delivered by personal delivery, facsimile, or deposited in the United States mail, postage prepaid and addressed as follows: TO BUYER: City of San Luis Obispo Paul LeSage, Parks and Recreation Director 1341 Nipomo St. San Luis Obispo, CA 93401 TO SELLER: Douglas G. Damon and Eileen M. Damon, Trustees of the Damon Family Trust 252 Daly Ave. San Luis Obispo, CA 93405 and Roy A. Garcia and Dolly H. Garcia, Co- Trustees of the Roy A. Garcia Family Revocable Trust 547 Prado Rd. San Luis Obispo, CA 93401 The foregoing addresses may be changed by written notice. If served personally, or by facsimile, service shall be conclusively deemed made at the time of service. If served by mail, service shall be conclusively deemed made seventy -two (72) hours after the deposit thereof on the United States mail. 6. Brokers Buyer and Seller each represent to the other that it knows of no claim for broker's or finder's fees or other commissions in connection with this transaction other than as provided in this paragraph. In the event any broker or finder asserts a claim for a commission or finder's fee, the party through whom the broker or finder makes this claim shall indemnify the other party for any and all costs and expenses (including attorney's fees) incurred by the other party in defending the same. 7. Entry With respect to Paragraphs 2 and 4, Buyer, its agents and authorized representatives shall have the right to enter onto the Property only during normal business hours, or at such other times as may be mutually agreed to by the parties, which consent to enter shall not A be unreasonably withheld. Buyer shall indemnify and defend Seller and hold Seller harmless from any and all liability, cost and expense (including without limitation any and all recorded mechanics or other liens) for loss of damage to any property or injury to or death of any person arising out of or in any way related to the entry by Buyer or Buyer's agents onto the Property, unless such liability, cost and expense is caused by the sole, active negligence of Seller. In the event of the recording of any claim of lien for materials supplied or labor or professional services performed on behalf of Buyer, Buyer shall promptly satisfy and discharge such lien at its sole cost and expense upon demand therefore by Seller. Buyer shall repair any and all damages to the Property caused by any such tests and inspections. 8. Fencing and Access to Remainder Upon the close of escrow, Buyer shall fence the property line between Buyer's property and Seller's remainder property as depicted on the attached "Exhibit B," with a five strand barbed wire fence. That portion of the five strand barbed wire fence running between Broad Street and Gate "1" as shown in the attached "Exhibit B" shall be located approximately 108 feet south of'the property line between Buyer's property and Seller's remainder property, subject to reasonable adjustment for topography and practical alignment. Buyer may relocate the fence northward to the property line between Buyer's property and Seller's remainder property at such time, in Buyer's discretion, as it is necessary for development of the athletic fields contemplated herein, the construction of Prado Road, or any other municipal purpose. Buyer shall restrict public access on Buyer's property until such time as it is needed for public or municipal use. Gates will be placed in the five strand barbed wire fence at the ingress /egress locations for the access road indicated on "Exhibit B." The gates will be locked only with Seller's prior written approval. Seller shall have an easement to use the existing ingress /egress road shown on "Exhibit B" to provide access for the Damon and Garcia families from their Prado Road home to their Broad Street home and to Broad Street until such time as Buyer provides a replacement access driveway easement (of similar kind and quality as that existing at the time of execution of this Agreement) at another location, or until such time as Prado Road is fully improved and open to public use, whichever occurs first, and at which time the first easement shall cease. The scope of use of the easement shall be for ingress and egress to the structures and uses in existence at the time of execution of this Agreement. The level of improvement of the easement shall be its condition at the time of execution of this Agreement, reasonable maintenance excepted. Seller shall also have an easement to use a portion of Hopkins Lane, as shown on "Exhibit B." At such time as Buyer commences development of the athletic fields contemplated herein, or the property is otherwise required for any other municipal purpose, Buyer may terminate the easement to use a portion of Hopkins Lane upon the giving of ninety (90) days advance written notice. Upon termination of the easement, Seller agrees to fully cooperate with Buyer and take additional steps necessary and execute any documents required to terminate all rights, if any, which Seller may have in a portion of Hopkins Lane as depicted on Exhibit B. At such time as Buyer commences development of the athletic fields contemplated herein, Buyer shall install additional fencing, as required in Buyer's sole judgment, to restrict public access or interference with the access rights of Seller as set forth in this paragraph. 9. Miscellaneous This Agreement contains the entire agreement between the parties hereto, and no modification or addition to any term or provision shall be effective unless made in writing and signed by both parties hereto. In the event any litigation is commenced between the parties hereto in connection with this Agreement, the prevailing party in such litigation shall be entitled to a reasonable sum for its attorneys fees and costs. The captions and headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, covenants, conditions or agreements contained herein. 10. Survival The warranties, representations and agreements made in this Agreement shall survive the close of escrow. 12. Counterparts This Agreement may be executed in counterparts. In the event this Agreement is executed by the parties on different dates, the date of execution shall be deemed to be the later date. 13. Successors It is understood and agreed by the parties hereto that this Agreement shall bind the heirs, executors, administrators, successors, and assigns of the respective parties to this Agreement. El 14. Recordation This Agreement shall be recorded. SELLERS: CD 11fe 64L f bo'uglas G. lamon Eileen M. Damon TRUSTEES OF THE DAMON FAMILY TRUST [Note: notarization required] Dolly F. Garcia CO- TRUSTEES OF THE ROY A. GARCIA FAMILY REVOCABLE TRUST [Note: notarization required] G:\TRANS\AGR\GmiaR\gamiadamon-0517.wpd 9 S� A M E RIC 1� STATE OF CALIF NIA } h }ss. COUNTY OF VL Lu IS6bIs po } On YYIQ,U 710 , I929 before me, Via, keess personally appeared Dauolas G. lidm'vi . C= i %en ni Jk�i �Q4 %9- ( a 1& 1 . . ./ _ ersonally known to me ( o be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that hei'she/they executed the same in his4ker /their authorized capacity(ies), and that by his{ker /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 (This area for official notarial seal) Title of Document Date of Document S- Z(c-94 No. of Pages /3 Other signatures not acknowledged VICKI A 800KLE§j 6 NOTARY RY PUB C CALIFORNIA SAN LUIS OBISPO COUNTY 3 My Comm�ErpI Mad 27 2000 3008 (1194) (General) "BUYER" CITY OF SAN LUIS OBISPO By: Allen Sett (b Mayor of the City of San Luis Obispo STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO SS. On 4LAZ /Z / 7 q before me, City Clerk Lee Price, personally appeared Mayor Allen �ettle known to me to be the person whose name is 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. WITNESS my hand and offi eal. Lg PRICE C'0""nh3'Qn N 122D447 Son Luis obispo Cou,,ty *CanmF tibY O L;e Price;- �i i ,aity Glezl - r' 'APPROVED AS TO FORM: ff //,, � :z,. 0q.11 VA 0 ri -1 0 1 - WMA 11 EXHIBIT A LEGAL DESCRIPTION Being a Portion of Lot 86 and 87 of the San Luis Obispo Suburban Tract as recorded in Book 1 at Page 92 of Records of Survey in the County Recorder's office in the County of San Luis Obispo, State of California, more particularly described as follows: Beginning at the Northwest corner of Lot 85 of said Suburban Tract; thence N66 °43'40 "E along the southerly line of said Lot 86 a distance of 215.56 m to its intersection with the westerly right -of -way line of Broad Street, also being State Highway 227; thence northerly along said westerly right -of -way line N23 °15'02 "W a distance of 14.65 m; thence N18°30' 11"W a distance of 16.54 m; thence N18 °36'59 "W a distance of 68.52 m; thence N16 °45'31 "W a distance of 67.66 m; thence N16 °53'54 "W a distance of 9.33 m; thence N16 °54'18 "W a distance of 121.63 m; thence leaving said right -of -way line, S66 °26'51 "W a distance of 88.23 m; thence westerly along a tangent curve, concave to the SE, having a radius of 336.00 m and a central angle of 19 °29'52" an arc distance of 114.34 m; thence S46 °56'59 "W a distance of 157.51 m, to a point on the westerly line of said Lot 86, said point also being on the westerly line of Section 1 of T 30 S and R 12 E; thence southerly along said westerly line S02 °00'28 "W a distance of 157.57 m to the southwest corner of said Lot 86, also being the south west corner of said Section 1; thence easterly along the southerly line of said Lot 86, S87 °59'32 "E a distance of 189.20 m to the Point of Beginning. 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