Loading...
HomeMy WebLinkAboutD-1503 Damon Garcia Sports Fields 076-381-010 Ptn Recorded 11/24/1999'Doc No: 1999-002939 Rpt No: 001031211,' i RECORDING REQUESTED BY Official Records ; NF -1 0.00' CITY OF SAN LUIS OBISPO San Luis Obispo Co. Julie L. Rodewald ; WHEN RECORDED MAIL TO: I Recorder Nov 24, 1999 City of San Luis Obispo Time: 1 5: 1 4 i Attn: Paul LeSage 1341 Nipomo Street , San Luis Obispo, CA 93401 [ i l l 1 — , TOTr'l L 0.00 APN• n�(p -38i - DI D'PTAJ PURCHASE AND SALE AGREEMENT (Lathrop Property - San Luis Obispo, CA) THE CITY OF SAN LUIS OBISPO ( "Buyer "), a California Charter Municipal Corporation, hereby agrees to purchase, and SCOTT LATHROP ( "Seller "), hereby agrees to sell, all of Seller's right, title and interest in that certain real property in the County of San Luis Obispo, together with all easements, rights and appurtenances thereto, as described in Exhibit WA attached hereto and'incorporated by reference. Said property, shall hereinafter be referred to as the "Property." 1.- Purchase Price and Terms. The purchase price for the Property shall be Two Hundred Thirty -One Thousand Dollars ($231,000.00). The purchase price shall be payable'as follows: (a) By Buyer paying 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. 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 -b ISo3 6 r 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 any 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. (b) Inspection and Approval of Property. Buyer's inspection and approval of.the Propert_y.and all improvements thereon, including at Buyer's option and expense, a noise study, a survey, 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 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 2 • • 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 defects, or (iii) elect to correct any such disapproved defects 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, or (iv) the parties may enter into additional negotiations, as may be mutually acceptable, concerning an adjustment to the purchase price, allocation of risk, or contribution to the cots to cure or other matters, and provided escrow shall be extended for a reasonable period of time to effect such negotiations 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 sixty (60) days (the "Closing Date ") after a copy of this Agreement (executed by both Buyer and Seller) is deposited with the Escrow Holder, but no later than December 31, 1999, unless extended by mutual agreement of the parties, or as otherwise provided herein. (b) Escrow Holder. Within ten (10) business days after the execution of this Agreement, Seller shall open an Escrow for the consummation of the purchase and sale of the Property with First American Title Company, 899 Pacific St .. , San Luis .Obi-s.po,,. 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) 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 unless any such instructions expressly provide that they are intended to amend or modify the provisions of this Agreement. (d) Title Insurance. Title to the Property shall be conveyed by Grant Deed. Title to the Property shall be 3 insured by a CLTA owners.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 First American Title Company the cost of the CLTA 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 survey. (e) Fees and Taxes. Seller 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 bill. 4. Representations, Warranties, Agreements and Disclaimers (a) Authorized Representative. Buyer and Seller hereby represent and warrant to each other that the 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-i.s left in a sound and tenantable condition. (d) Legal Actions. Seller represents and warrants that there are no actions, suits, or legal proceedings 4 0 1 . 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. (e) Indemnification by Seller. Effective as of the closing date, Seller shall indemnify and hold harmless Buyer from and against any and all claims, damages or liabilities, (whether or not caused by negligence), including civil or criminal fines, arising out of or relating to any of the following: (i) Any generation, processing, handling, transportation, storage treatment or disposal of solid wastes or hazardous wastes by Seller, including,'but not limited to, any of such activities occurring on any of the properties; (ii) Any releases by Seller (including, but not limited to, any releases as defined under the Comprehensive Environmental Response, Compensation and Liability Act of 1980) to the extent occurring or existing prior to closing, including but not limited to such releases to land, groundwater, surface water or into the air. (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, 5 �J r1 L J 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. S. 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: Scott Lathrop 1619 LaVineda 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. C 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. Seller has an agreement to pay to Rossetti Company a sales commission at the close of escrow. 7. 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. 8. Entry With.respect to Paragraphs 2 and 5, Buyer, its agents and authorized representatives shal.l.have the right- to-enter onto the Property during normal business hours, or at such other times as may be mutually agreed to by the parties, which consent to enter shall not be unreasonably withheld. Buyer shall indemnify and defend Seller against 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 or 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 iA 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. 9. Structures. Seller shall remove all structures from the Property, excluding foundations, prior to close of escrow. "Structures" shall include, but not be limited to, underground tanks or structures., if any. 10. Street Improvements. .As part of the consideration for this Agreement, upon annexation of Seller's remainder property to the City of San Luis Obispo, Seller shall dedicate and construct the street improvements shown on Exhibit A, including but not limited to, a "T" intersection, roadway, and curb, gutter and sidewalk along all street frontages of Buyer's property, in a manner and according to the standards of the City of San Luis Obispo. In order to insure completion of the above street improvements, Seller shall, prior to the close of escrow, provide Buyer with a letter of credit in a form acceptable to buyer in an amount equal to the estimated actual cost of said improvements. In the event the annexation of the Seller's remainder property does not occur within twelve months of the close of escrow, through no fault of Seller, and after diligently pursuing said annexation, then the obligation to install the above - described street improvements shall cease and the letter of credit may be released; provided, if the City.of San Luis Obispo is diligently pursuing said annexation in its capacity as a municipal corporation, and the annexation is delayed through no fault of the City, then Seller's obligation to complete the street improvements and provide a letter of credit shall be extended for an additional six months beyond the initial twelve month period. 11. Creation of Legal Parcel. It is contemplated between the parties that the property described in Exhibit A will be conveyed by way of a government lot, at the sole cost of Seller, or other similar lot division, should the Parties so agree. 1 12. Survival. The warranties, representations and agreements made in this Agreement shall survive the close of escrow. m4w, a 12V 0 MOTT LATHROP "BUYER" CITY OF SAN LUIS OBIS P BY: Allen K. Settle .Mayor of the City of San Luis Obispo Date: November 16, 1999 ATTEST: ( , I" z---) / 7, 1 k APPROVED AS TO FORM: 66 0 EXHIBIT "A" LEGAL DESCRIPTION That portion of Lot 85 of the San Luis Obispo Suburban Tract, in the County of San Luis Obispo, State of California, according to the map filed February 6, 1906 in Book 1 at Page 92 of Record of Surveys, in the Office of the County Recorder of said County, excepting therefrom that portion of said land described in the deed to the State of California recorded April 11, 1975 in Book 1827 at Page 577 of Official Records, more particularly described as follows: Beginning at the intersection of the southwesterly line of the property described in said deed to the State of California with a line offset 30.00 feet northwesterly from the southwesterly prolongation of the centerline of Industrial Way as said road is shown on the map for Tract 2133 filed in Book 17 of Maps at Page 94 in said Recorder's Office; thence parallel with the northwesterly line of said Lot 85- 1. South 66 035'25" West (record South 65 °10' West per said Record of Survey) a distance of 328:12 ,feet to the beginning of a tangent curve'concave northerly having a radius of 20.00 feet; thence leaving said parallel line 2. westerly along the arc of said curve through a central angle of 90 °00'00" an arc length of 31.42 feet; thence 3. North 23 024'35" West a distance of 49.62 feet more or less to the northwesterly line of said Lot 85; thence along said northwesterly line 4. North 66 035'25" East (record North 65 010' East per said Record of Survey) a distance of 351.33 feet more or less to the southwesterly line of the property described in said deed to the State of California and the beginning of a non - tangent curve concave northeasterly having a radius of 7055.00 feet, a radial to said curve bears South 69 031'02" West; thence along said southwesterly line 5. southeasterly along the arc of said curve through a central angle of 0 033'58" an arc length of 69.71 feet more or less to the Point of Beginning containing 0.56 acres more or less. Said property is shown graphically in Exhibit "A" page 2 of 2 attached hereto and incorporated herein by reference. f41IGHAEL R. STMffON LS. 5702 O.L ��OFCp1-\(Ae'\R / Page 1 of 2 EA1999 \99442 Lathrop Broad St Annex \Survey\Park legal.doc 11/04/99 - I STATE a XHIB IT I- M Z ?� HWY. BROAD I I P.O.B. /C Z 49. 2> 1 > T_Rr�r7 2133 oT 227 " STREET I FUTURE CURB, GUTTER, AND SIDEWALK BY LA THROP i tr� GRAPHIC SCALE 0 0 30 so 120 1 inch = 60 feet R R M D E S I G N G R O U P PLAT _ Architecture • Planning • Engineering • Surveying • Interiors • Landscape Architecture OF A POR77ON OF LOT 85 OF ACR 3701 South iiiguera Street t, San Luis Obispo, California 93401 805 /543 -1794 1 —RS -92 > €€ �# • rem MA—1 ace seals, is am, Michael Stanton M 57M 11 -4 -99 P99442 PAGE 2 OF 2 END OF DOCI IM!=r\i r D= 00 ;33'58" R= 7055.00';:':;; L= 69.71' 'D= 90100'00°:;:` R= 20.00' L= 31.42' 49. 2> 1 > T_Rr�r7 2133 oT 227 " STREET I FUTURE CURB, GUTTER, AND SIDEWALK BY LA THROP i tr� GRAPHIC SCALE 0 0 30 so 120 1 inch = 60 feet R R M D E S I G N G R O U P PLAT _ Architecture • Planning • Engineering • Surveying • Interiors • Landscape Architecture OF A POR77ON OF LOT 85 OF ACR 3701 South iiiguera Street t, San Luis Obispo, California 93401 805 /543 -1794 1 —RS -92 > €€ �# • rem MA—1 ace seals, is am, Michael Stanton M 57M 11 -4 -99 P99442 PAGE 2 OF 2 END OF DOCI IM!=r\i r i; 'Doc No: 1999- 08M -- Rpt NO: 0010— Official Records ;RF -1 13.001 Recording Requested by: ! San Luis Obispo Co. ; Danny Tran Julie L. Rodewa 1 d ; Recorder ; Nov 24, 1999 ; when recorded mail to: Time: 11:00 ; Director of Public Works 955 Morro Street ! [ 3 j 'TOTAL 13.00 San Luis Obispo, CA 93401 - - -- AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY FOR AND IN CONSIDERATION of the issuance of this revocable permit to allow an encroachment temporarily within the public right -of -way, said encroachment consisting of A block or concrete retaining wall adjacent to the public sidewalk on Oceanaire and Galleon Way. Said wall shall not exceed 3 feet high and shall be constructed around the existing street sign at the corner. The undersigned owners of the real property hereinafter described, hereby covenant with the City of San Luis Obispo to remove said improvements without cost to said City upon thirty (30) days written notice, which may be given by the City at any time at its sole option and discretion. l� If the owner of the property described below does not remove the encroachment authorized w1 herein when requested by the City, City may proceed'to require removal under the Municipal Code nuisance provisions and to assess the cost of said removal against the real property described herein.. Owners further acknowledge that, in the event of such removal by City, City is not liable for any damages to the encroachment or to any adjacent real or personal property. Owner further agrees to hold harmless City from any claims, suits or losses of any kind alleged to have arisen out of the maintenance or placement of said encroachment and to indemnify City for any and all costs of judgments relating to said claims, suits or losses, including attorney's fees. Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: Lot 11 of Tract 569, recorded in the Office of the County Recorder in Book 9 of Maps at Page 4, City of San Luis Obispo, County of San Luis Obispo, State of California. 2. Assessor Parcel Number: 004 - 331 -012 3. Commonly known as 1195 Oceanaire Drive, San Luis Obispo, CA. -b (so3fl AGREEMENT AFFECTING REAL PROPERTY Page 2 This covenant shall run with the land and shall be binding upon. the undersigned owners, their heirs, executors, administrators, and assigns. Dated this _qj):) day of Spa�Cpr, 1999. Owner: Dann Tran APPROVED: r/f � -pill tor City of San Luis Obispo (Authorization - Resolution No. 3897, 1979 Series) State of California County of San Luis Obispo} PAMELA K. KING Commission # 1227306 _ Notary Public - California San Luis Obispo County My Comm. Expires Jul 2 2003 On September 9,- -1999; before me, Diane R. Stuart, Notary Public, personally appeared Danny Hung Hy Tran ( ) personally known to me or (X) proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his 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 official seal. :��.�vY. IF— -. , o Notary blic Capacity claimed by signer(s): oFFICtAL sEAL P DIANE R. STUART ? ® WP t 1 a OA SSION / C SAN LUIS OSISPO OOUNTV My CWWdedw UAL ,pure 20, 2001 Nrldividual(s) () corporation () partnership () attorney -in -fact (X ) political agency Agreement affecting real property ilk • 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of , Q ss. On (10 " 19 before me, PAMELA K. RING, NOTARY PUBLIC Date Name and Title of Officer (e.g., "Jane Doe, Notary Public ") personally appeared MICHAEL D. MCCLUSKEY Name(s) of Signer(s) personally known to me ❑ proved to me on. the basis of satisfactory evidence to be the persons whose name) is/a;@, subscribed to the within instrument and acknowledged to me that he /shelth" executed the same in his /4er+teir authorized U. PAMELA K. KING ca acit I Commission # 1227306 P Y and that by his /ei�. Notory Pubc- Carifomia g r signature(-Nl.on the instrument the personjs), or San Luis Obispo Courriy' the entity upon behalf of which the personX My Comm. Expires Jul 2,2003 acted, executed the instrument. NESS my hand and ffiicial se I. Place Notary Seal Above Signature of Notary Public - . OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document } and could prevent fraudulent removal and reattachment of this form to another document. Description oi.Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer = Title(s): ❑ Partner,,= ❑ Limited ❑ General ❑ Attorney in.Fact ❑ Trustee- El Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here i © 1997 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll -Free 1- 800 -876 -6827 END OF DOCUMENT