HomeMy WebLinkAboutD-1555D Lot 2, Section 16, Mount Diablo Base and Meridian (076-114-012) - Lots 3 & 4, Mount Diablo Base and Meridian (076-121-019) Recorded 11/30/2001r °
RECORDING REQUESTED BY
FIRST AMERICAN TITLE CO.
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo
Attn: Dr. Neil Havlik, Natural Resources Mgr
990 Palm St.
San Luis Obispo, CA 93401
A.P.N.:076- 114 -012 & 076 - 121 -019
JULIE RODEIAV— MFSan Luis Obispo lerk/Recorder 11/30/2001
Recorded at the request of 11'02.AM
First American Title Company
Doc # : 2001092855 Titles: 1 Pages: 10
Fees 34.00
Taxes 1,760.00
Others 0.00
PAID $1,794.00
ISpace Above This Line for Recorder's Use Only
Order No.: 57961 -YW Escrow No.: 57961 -YW
THE UNDERSIGNED GRANTOR(s) DECLARE(s) THAT DOCUMENTARY TRANSFER TAX IS: COUNTY $1,760.00
[ X ] computed on full value of property conveyed, or
[[ ] computed on full value less value of liens or encumbrances remaining at time of sale,
X ] unincorporated area; [ ] Cit }f of _, and
FOR A VALUABLE CONSIDERATION, Receipt of which is hereby acknowledged,
Carolyn D. Silacci, a married woman, Jeanette J. Ayers, who acquired title as Janet E. Ayers, Jeanette J. Avers,
Trustee of the Jeanette J. Ayers Revocable Trust. UTA dated 05/20/93 and Curtiss - Johnson Properties LLC, a
California limited liability company
FILED'
FEE PAID
EXEMPT
Oil- OF
STATE
hereby GRANT(S) to City of San Luis Obispo, a California Charter Municipal corporation
the real property in the [ ] City of , or [ X ] Unincorporated Area of the, County of San Luis Obispo, State of California,
described as:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE.
THIS DEED IS BEING MADE AND ACCEPTED SUBJECT TO THE TERMS, CONDITIONS AND
RESTRICTIONS SETFORTH IN EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF.
-��Curtiss - Johnson Properties LLC, M
Carolyn D. ilacci California limited liability company
Jeanette J. Ayers, Trustee of the By: I /1'10► 4 -4 �2/
Jeanette J. Ayers Revocable Trust UTA teven F. Curtiss, Manager /Member M E-/Vf 3DZ�
dated 05/20/93
�
By- 1
,/Je to J. yers, Trustee
`�� J tte J. Ayers
1J 113 l ViA " G
Document Date: September 21, 2001
Mail Tax Statements to: SAME AS RETURN ADDRESS ABOVE or Address Noted Below
STATE OF CALIFORNIA,___
r
COUNTY OF SAN- MATE6'
On WPVP/Jr:--'1J- before me,
personally appeared -57;iVe-zi 15 611 a
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.
PHYLLIS STEWART SWANSON
W COMM. ;1219203
"07AF" "JE-10 - CALIFORNIA M co
AV Stitt PJATEQ "OUM I
My Com-1. Expires May 13. 2G03
A.P.N.: 076 -114 -012 & 076421 -019
Document Date: September 21, 2001
STATE OF CALIFORI:TIA )SS
COUNTY OF � )
On .__ _Ndv • . is, aa 1 before_ me, Terei;R P" A4—
ckn�a.kow e or prov�tme to me on the basis of satisfactory evidence) to be the person(s) whose name(f) is /are subscribed to the within
an edged to tha t he /sheAhey executed the same in lads /her /their authorized capacity(4es) and that by 4tis/her /their signature(s) on
the instrument the person(&) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS,aiphand and officjaLseal
Signature Tl1 E
MM
Naftf►Ptblc -cmWouf
AftnWW [I@—AIVCwme�ies�t MM
�.� AMERIC�
4 'l
STATE OF CALIFORNIA }ss.
COUNTY OF D
On �l%• °�4 ail , before me,
persona y appeared Cay-t D. Si �GL erg
personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are
subscribed to the within instrument and acknowledged to me that he /she /they executed the same
in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature;
N Qmv Y. W ISENAND
COMM. # 1258146
Notary Pubac- Caflforrsiaa 1
County of San Luis Obispa
Comm. Exp. Mar. 25, 2004
(This area for official notarial seal)
Title of Document
Bat `- - of '::
3008 (1/94) (General)
First American Title Insurance Company
EXHIBIT A
DESCRIPTION:
PARCEL I: APN: 076 - 114 -012
GOVERNMENT LOT 2, SECTION 16, TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE
AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND AS PER
CERTIFICATE OF COMPLIANCE RECORDED APRIL 6, 1994 AS INSTRUMENT NO. 1994-022044 OF
OFFICIAL RECORDS.
PARCEL 2: APN: 076 - 114 -012
THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER, THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER, GOVERNMENT LOTS 3 AND 4 ALL OF SECTION 16, TOWNSHIP 31 SOUTH,
RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA, AND AS PER CERTIFICATE OF COMPLIANCE RECORDED APRIL 6, 1994 AS
INSTRUMENT NO. 1994 - 022045 OF OFFICIAL RECORDS.
EXCEPTING THAT PORTION OF SAID GOVERNMENT LOT 3 LYING EASTERLY OF THE FOLLOWING
DESCRIBED LINE:
BEGINNING AT A POINT THAT BEARS NORTH 44 026'06" WEST A DISTANCE OF 976.30 FROM THE
NORTHERLY TERMINUS OF THE COURSE DESCRIBED AS "(1) NORTH 31-22'30- EAST, 913.10 FEET"
IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1948, IN BOOK 462, PAGE
228 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE NORTH 21'33'27" EAST A DISTANCE OF
60.05 FEET; THENCE SOUTH 73 °05'08" EAST A DISTANCE OF 229.79 FEET; THENCE NORTH 44 °41'06"
EAST .A DISTANCE OF 400.74 FEET; THENCE NORTH 26 °46'09" EAST A DISTANCE OF 217.96 FEET;
THENCE NORTH 04 044'15" EAST A DISTANCE OF 1490.34 FEET; THENCE NORTH 03 °28'34" WEST A
DISTANCE OF 260.91 FEET; THENCE NORTH 36'01'15" WEST A DISTANCE OF 332.18 FEET; THENCE
NORTH 15 012'07" EAST A DISTANCE OF 417.92 FEET TO A POINT THAT BEARS NORTH 16 034'55"
WEST A DISTANCE OF 1176.89 FEET FROM THE NORTHERLY TERMINUS OF THE COURSE
DESCRIBED AS "(C) NORTH 03 °07'50" EAST A DISTANCE OF 124.92 FEET" IN THE DEED TO THE
STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1947 IN BOOK 434, PAGE 216 OF OFFICIAL
RECORDS, RECORDS OF SAID COUNTY.
ALSO EXCEPTING THAT PORTION OF SAID GOVERNMENT LOT 4 DESCRIBED AS FOLLOWS:
COMMENCING AT A STAKE MARKED "A" SET AT THE POINT OF INTERSECTION OF THE SOUTH
LINE OF GOVERNMENT LOT 4 OF SECTION 16, TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT
DIABLO BASE AND MERIDIAN, WITH THE WESTERLY BOUNDARY LINE OF RANCHO SAN
MIGUELITO (SAID POINT OF COMMENCEMENT BEING ALSO THE SOUTHEASTERLY CORNER OF
SAID LOT 4) AND RUNNING THENCE ALONG SAID BOUNDARY LIEN OF SAID RANCHO SAN
MIGUELITO NORTH 19 045' EAST A DISTANCE OF 170 FEET TO A STAKE MARKED "B ". THENCE
(LEAVING SAID BOUNDARY LINE) WEST A DISTANCE OF 165 FEET TO A POINT MARKED "C ".
THENCE SOUTH 160 FEET TO A POINT MARKED "D" ON THE SOUTH LINE OF SAID LOT 4. THENCE
EAST ALONG SAID SOUTH LINE OF SAID LOT 4,107.5 FEET TO THE PLACE OF BEGINNING, AND
CONTAINING ONE -HALF OF AN ACRE. ALSO BEING THAT PARCEL CONVEYED TO THE BELLEVUE
SCHOOL DISTRICT BY DEED RECORDED MAY 22, 1897 IN BOOK 33, PAGE 82 OF DEEDS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
(CONTINUED NEXT PAGE)
PARCEL 3: APN: 076- 114 -012
THAT PORTION OF GOVERNMENT LOTS 4, SECTION 16, TOWNSHIP 31 SOUTH, RANGE 12 EAST,
MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AND AS PER CERTIFICATE OF COMPLIANCE RECORDED APRIL 6, 1994 AS
INSTRUMENT NO. 1994 -022046 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A STAKE MARKED "A" SET AT THE POINT OF INTERSECTION OF THE SOUTH
LINE OF GOVERNMENT LOT 4, SECTION 16, TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT DIABLO
BASE AND MERIDIAN, WITH THE WESTERLY BOUNDARY LINE OF RANCHO SAN MIGUELITO (SAID
POINT OF COMMENCEMENT BEING ALSO THE SOUTHEASTERLY CORNER OF SAID LOT 4) AND
RUNNING THENCE ALONG SAID BOUNDARY LINE OF SAID RANCHO SAN MIGUELITO NORTH 19 °45'
EAST A DISTANCE OF 170 FEET TO A STAKE MARKED "B ". THENCE (LEAVING SAID BOUNDARY
LINE) WEST A DISTANCE OF 165 FEET TO A POST MARKED "C ". THENCE SOUTH 160 FEET TO A
POINT MARKED "D" ON THE SOUTH LINE OF SAID LOT 4. THENCE EAST ALONG SAID SOUTH LINE
OF SAID LOT 4, 107.5 FEET TO THE PLACE OF BEGINNING, AND CONTAINING ONE -HALF OF AN
.ACRE. ALSO BEING THAT PARCEL CONVEYED TO THE BELLEVUE SCHOOL DISTRICT BY DEED
RECORDED MAY 22, 1897 IN BOOK 33, PAGE 82 OF DEEDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
PARCEL 4: APN: 076 - 121 -019
THOSE PORTIONS OF LOT 7 OF THE SUBDIVISIONS OF THE RANCHO SAN MIGUELITO, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON PLAT FILED FOR RECORD
MAY 5, 1882 AT BOOK 1, PAGE 39 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, AND AS PER CERTIFICATE OF COMPLIANCE RECORDED APRIL 6,
1994 AS INSTRUMENT NO. 1994 -022047 OF OFFICIAL RECORDS, SAID PORTIONS MORE
PARTICULARLY DESCRIBED AS:
PORTION 1: THAT PORTION OF SAID LOT 7 LYING NORTHWESTERLY OF THE WESTERLY
BOUNDARY OF STATE HIGHWAY NUMBER 101 DESCRIBED IN DEED FILED AT BOOK 1247, PAGE
300 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID
WESTERLY RIGHT -OF -WAY MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT BEARS NORTH 44 026'06" WEST A DISTANCE OF 976.30 FROM THE
NORTHERLY TERMINUS OF THE COURSE DESCRIBED AS "(1) NORTH 31-22'30- EAST, 913.10 FEET"
IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1948 IN BOOK 462, PAGE
228 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE NORTH 21 °33'27" EAST A
DISTANCE OF 60.05 FEET; THENCE SOUTH 73 °05'08" EAST A DISTANCE OF 229.79 FEET; THENCE
NORTH 44 041'06" EAST A DISTANCE OF 400.74 FEET; THENCE NORTH 26 °46'09" EAST A DISTANCE
OF 217.96 FEET; THENCE NORTH 04 °44'15" EAST A DISTANCE OF 1490.34 FEET; THENCE NORTH
03 028'34" WEST A DISTANCE OF 260.91 FEET; THENCE NORTH 36 °01'15" WEST A DISTANCE OF
332.18 FEET; THENCE NORTH 15° 12'07" EAST A DISTANCE OF 417.92 FEET TO A POINT THAT BEARS
NORTH 16 034'55" WEST A DISTANCE OF 1176.89 FEET FROM THE NORTHERLY TERMINUS OF THE
COURSE DESCRIBED AS "(C) NORTH 03 °07'50" EAST A DISTANCE OF 124.92 FEET" IN THE DEED TO
THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1947 IN BOOK 434, PAGE 216 OF OFFICIAL
RECORDS, RECORDS OF SAID COUNTY.
(CONTINUED NEXT PAGE)
•
PORTION 2: THAT PORTION OF SAID LOT 7 RELINQUISHED BY THE STATE OF CALIFORNIA BY
DIRECTOR'S DEED FILED FOR RECORD AT BOOK 1290, PAGE 195 OF OFFICIAL RECORDS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING NORTHWESTERLY
OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT A. POINT DISTANT SOUTH 15025'11" WEST, 1344.18 FEET FROM THE NORTHERLY
TERMINUS OF THE COURSE DESCRIBED AS "(C) NORTH 03 °07'50" EAST A DISTANCE OF 124.92
FEET" IN THE DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1947 IN BOOK 434,
PAGE 216 OF OFFICIAL RECORDS; THENCE (A) NORTH 04 °44'15" EAST, 1,490.34 FEET.; THENCE (B)
NORTH 03 °28'34" WEST, 260.91 FEET TO A POINT DISTANCE NORTH 29 004'26" WEST,. 514.74 FEET
FROM SAID NORTHERLY TERMINUS.
i'
A.P.N.: 076 -114 -012 & 076 -121
EXHIBIT "B"
•
THIS DEED IS BEING MADE AND ACCEPTED SUBJECT TO THE FOLLOWING TERMS, CONDITIONS AND
RESTRICTIONS SETFORTH HEREIN:
1. The real property was acquired by Grantee pursuant to a grant of funds by the
California Regional Water Quality Control Board, Central Coast Region, from the
Guadalupe Oil Field Settlement Water Quality Project Trust (hereinafter "Trust "),
through its Trustee, the National Fish and Wildlife Foundation. The purpose of the
grant is restoration and permanent preservation of the School Lake wetlands to
benefit water quality, and to protect the beneficial uses of the wetlands, including
wildlife habitat, aquatic habitat and non - contact recreational uses. No use of the
property inconsistent with that purpose is permitted, except by specific act of the
California legislature.
2. Grantee and its successors shall not use or allow the use of any portion of the property
for mitigation (in other words, to compensate for adverse changes to the environment
elsewhere). Notwithstanding the above, Grantee and its successors may accept and
use mitigation funds for enhancement and restoration of the property.
I The property (including any portion of it or any interest in it) may not be used as
security for any debt without the written approval of the California Regional Water
Quality Control Board, Central Coast Region and National Fish and Wildlife
Foundation or their successors in interest.
4. The property (including any portion of it or any interest in it) may not be transferred
without the written approval of the California Regional Water (duality Control Board,
Central Coast Region and National Fish and Wildlife Foundation or their successors
in interest.
S. The Grantee is obligated to use, manage, operate and maintain the property in a
manner consistent wi;h the purpose of the grant from the Trust. The Grantee further
assurnes all management, operation and maintenance costs associated with the real
property, including the -costs of ordinary repairs and replacements of a recurring
nature, and costs of enforcement of regulations.. The State of California, the
California Regional. Water Quality Control Board, Central Coast Region, the United
States government, and the National Fish and Wildlife Foundation shall not be liable
for any cost of such management, operation or maintenance. The Grantee shall
refrain from developing or otherwise using the property and any other property it
owns or control in the vicinity of the property in such a way as to interfere with or
inconvenience the use, management, operations or maintenance of the property or to
detract from the purpose of the Grant from the Trust. The grantee may be excused
from its obligations for management, operation and maintenance only upon the
written approval of the California Regional Water Quality Control Board, Central
Coast Region and the National Fish and Wildlife Foundation or their successors in
interest. - - - - --
kP.N.: 076 - 114 -012 & 076 -121
•
i
EXHIBIT "B" continued
6. If the existence of the Grantee or its successors in interest ceases for any reason or if
any of the essential deed provisions stated above are violated, the National Fish and
Wildlife Foundation and the Attorney General of the State of California acting on his
own behalf or through the California Regional Water Quality Control Board, Central
Coast Region or its successor in interest, shall have standing to take any and all
actions authorized by law to enforce the terms of this deed in order to promote the
purposes of the grant frorn the Trust.
Grantee's signature of acceptance:
City of San Luis Obispo, a California
Charter Municipal corporation
ffA
/ 1 /
STATE OF CALIFORNIA )SS
COUNTY OF —5-a t3 L.L! ! i d b
On % glo before me,
personally appeared eA- 1
personally known tome (o ) to be the persons) whose name(ois /ar�e4ubscribed to the within
instrument and acknc d 2tome he/ uted the same in his/heMheirauthorized capacity(OO and that by his/hen4heir signature" on
the instrument a rson ontity pon f which the person" acted, executed the instrument.
WITNESS my and d o
Signature,
d
r�
•
CERTIFICATE OF ACCEPTANCE
-- - - - - - - -- --- - - - --. . .....
THIS IS TO CERTIFY that the interest in real property conveyed by GRANT DEED dated
September 21, 2001, from Carolyn D. Silacci, a married woman, Jeanette J. Ayers, who
acquired title as Janet E. Ayers, Jeanette J. Ayers, Trustee of the Jeanette J. Ayers Revocable
Trust UTA dated 5/20/93, and Curtiss- Johnson Properties LLC, a California limited liability
company, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to
authority conferred by Resolution No. 5370 (1984 Series), recorded June 15, 1984, in Volume
2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to
recordation thereof by its duly authorized officer or his agent.
November 26, 2001
CITY OF SAN LUIS O SPO
Allen K. Settle, M yor
END OF D(TUMF-NT