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Home My WebLink AboutD-1688 Portion of Hays Street (Lot 13 in Block 43 Phillips Addition) Recorded 06/28/2006=:. mEm0aan6um DATE: July 13, 2006 TO: Christine Dietrick, Assistant City Attorney CC: Jay Walter, Public Works Director Shelly Stanwyck, Assistant CAO FROM: Audrey Hooper, City Clerld�'. ` ll�� i SUBJECT: Thoma and Stimson Easement (Hays Street) As we discussed, I am returning copies of the Easement Grant Deed, Quitclaim Deed, and Agreement regarding the Hays Street property to the Attorney's office so that you can transmit them to Clarence and Pearl Thoma and Don and Barbara Stimson. Because the Easement Grant Deed will expire on June 28, 2011, and the Quitclaim Deed will need to be recorded at that time, I'd like to make the following requests to ensure that this does not get overlooked in 2011 and that the original documents can be easily located by whoever is on staff at that time. 1. The City Clerk's office will retain all three original documents in our "Recorded Documents Log," under file number 704- 01 -03. (This is an unusual case because the recorded Easement Deed and the executed agreement do not involve the City.) Julie will include an explanatory note in the log for future reference and note that it must be recorded after the expiration of the Easement Deed. 2. We are asking that Public Works also tickle these documents for June 2011. Perhaps they can use the computerized contractor's tracking program for this purpose. 3. I will maintain a copy in my "tickle" folder, which I will try to pass on should I no loner be employed by the City in 2011. I believe someone in the Attorney's office will also track these documents. I think with all of these checks and balances, and with the original Quitclaim locked up in the Clerk's vault, there should not be a problem tracking, locating and getting the Quitclaim recorded five years from now. Let me know if you have questions. Thanks. HACorrespondenceTietrick re Thoma Easement and Quitclaim.doc EASEMENT GRANT DEED The undersigned Grantor declares: DOCUMENTARY TRANSFER TAX: X Computed on the consideration or value of property conveyed; OR — Computed on the consideration or value less liens or encumbrances remaining at time of sale: Unincorporated area; _A___ City of _ San Luis Obispo, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CLARENCE W. THOMA and PEARL M. THOMA, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992 (collectively, the "Grantors ") as owners of certain real property described on Exhibit "A" hereto ( "Grantors' Property "), hereby GRANT to DON STIMSON and BARBARA STIMSON, husband and wife, (collectively, "Grantees "), as the owners certain other real property described on Exhibit "B" hereto ( "Grantees' Property "), an easement over that portion of the Grantors' Property described on Exhibit "C" hereto (the "Easement Area "), subject to the following terms and conditions (the "Easement "): 1. The Easement shall be for ingress and egress by the residents of up to five (5) homes located either now, or in the future, on Grantees' Property. No commercial use of the Easement is allowed, except for construction traffic in connection with Grantees' development of Grantees' Property. 2. The Easement shall be nonexclusive. 3. The Easement shall be appurtenant to Grantees' Property.. 4. The owner of the Grantees' Property shall be responsible for improvement, maintenance and repair of the Easement. The Grantors will have no responsibility for improvement, maintenance and repair of the Easement. F':\ net \7'i I'F.omcl02 \Does \Easement 05 -1 1- 06.doc SK JULIE ROD�EW� San Luis Obispo County— Clerk/Recorder 6!2812006 Recorded at the re quest of 9:43 AM PUbIIC RECORDING REQUESTED BY: Titles: 1 Pages: 7 roc #: 2006045272 Fees 25.00 Taxes 0.00 Others 0.00 PAIQ $25.00 ' AND WHEN RECORDED MAIL TO: J ON OF DAN LUIS OBIISPO aff am" 0MC2E BMEWD olbpag C& 9MR -324'9 APN: 052 -124 -016, 052 -271 -010 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY EASEMENT GRANT DEED The undersigned Grantor declares: DOCUMENTARY TRANSFER TAX: X Computed on the consideration or value of property conveyed; OR — Computed on the consideration or value less liens or encumbrances remaining at time of sale: Unincorporated area; _A___ City of _ San Luis Obispo, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CLARENCE W. THOMA and PEARL M. THOMA, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992 (collectively, the "Grantors ") as owners of certain real property described on Exhibit "A" hereto ( "Grantors' Property "), hereby GRANT to DON STIMSON and BARBARA STIMSON, husband and wife, (collectively, "Grantees "), as the owners certain other real property described on Exhibit "B" hereto ( "Grantees' Property "), an easement over that portion of the Grantors' Property described on Exhibit "C" hereto (the "Easement Area "), subject to the following terms and conditions (the "Easement "): 1. The Easement shall be for ingress and egress by the residents of up to five (5) homes located either now, or in the future, on Grantees' Property. No commercial use of the Easement is allowed, except for construction traffic in connection with Grantees' development of Grantees' Property. 2. The Easement shall be nonexclusive. 3. The Easement shall be appurtenant to Grantees' Property.. 4. The owner of the Grantees' Property shall be responsible for improvement, maintenance and repair of the Easement. The Grantors will have no responsibility for improvement, maintenance and repair of the Easement. F':\ net \7'i I'F.omcl02 \Does \Easement 05 -1 1- 06.doc 5. The owner of Grantees' Property shall indemnify, defend and hold harmless the owner of the Grantor's Property for any claims, damages, injuries, liabilities and expenses of any kind related to the Easement, except to the extent caused by the gross negligence or willful misconduct of the Grantors. 6. This Easement shall expire automatically on the date which is five (5) years from the date on which this Easement is recorded in the Official Records of San Luis Obispo County, California. Promptly upon expiration of this Easement, the parties . shall take such action as necessary to cause that certain Quitclaim Deed executed by Grantors and held by'the City of San Luis Obispo to be recorded in accordance with the parties' unrecorded Agreement dated May 1, 2006. IN WITNESS WHEREOF, this Easement is hereby executed by the said Grantors on the date last written below. "GRANTORS" Clarence W. Thoma, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992 Dated: (�p —,/7-40 9 Pearl M. Thoma, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992 Dated: F:\nef•.T \Thomc102 \Does \Easement 05- 11- 06.doc CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California J County of 60.,, cJ�' j�,�/� On `7 —06 before me,�r�-— �rinsert name and title of the officer), personally appeared personally known to me ( ^r ^` °'i t ., the hack nI -a4is f eteF uvili ?�n�ra) to be the person(.$) whose nameW is e subscribed to the within instrument and acknowledged to me that e% he /they executed the same in &er/their authorized capacity(ias'j, and that by is er /their signature(g) on the instrument the personof, or the entity upon behalf of which the person(sy acted, executed the instrument. WITNESS my hand and official seal. NORMA J. DMOSON COMM. #'1430930 > NOTARY PUBLIC - CALIFORNIA x Q SAN LUIS OBISPO COUNTY 6i My Comm. Expires AUG. 13.2007 Signature CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California County of l�d�ab On - I'7 —�� before me, (here insert name and title of the officer), personally appeared `A,aAll. personally known to me (01 to be the person(2) whose name(sf Dare subscribed to the within instrument and acknowledged to me that he/ he ey executed the same in hi her heir authorized capacity(�eo, and that by his/ 0e /their signature(s) on the instrument the person(s), or the entity upon behalf of which the personw acted, executed the instrument.. WITNESS my hand and official seal. Signature F:\ net \ "1, \'fhomc102 \Dots \Easement 05 -1 1- 06.doe NORMA J. DONALDSON COMM. 01430930 > NOTARY PUBLIC - CALIFORNIA X a SAN LUIS OBISPO COUNTY My Comm. Expires AUG. 13. 2007 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Lot 13 in Block 43 of Phillips Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record, August 27, 1902, in Book A, at Page 162 of Maps, in the office of the County Recorder of said County, along with that certain portion of Dana Avenue in the City of San Luis Obispo, County of San Luis Obispo, State of California, as abandoned per Resolution No. 2472, recorded July 25, 1973 in Volume 1736 at page 37 of Official Records in the office of the County Recorder of said County, which title would pass to the owner of the above described lot as a result of the abandonment. APN: 052- 124 -016 FAnet\T,Thomc102 \Docs Easement 05- 11- 06.doc EXHIBIT "B" LEGAL DESCRIPTION OF GRANTEE'S PROPERTY • The Southwest quarter of the Southwest quarter of Section 24, in Township 30 South of Range 12 East, Mount Diablo Base and Meridian, according to the official plat of the survey of said Lands approved by the Surveyor General on November 30, 1867. EXCEPT THEREFROM all that part thereof known as Monterey Heights according to the map of said Monterey Heights recorded September 23, 1925 in Book 3, at Page 66 of Maps. ALSO EXCEPT THEREFROM the parcel of land as described in deed to J.F. Faulstich and Eva Faulstich, and recorded July 2, 1928, in Book 53, at Page 368 of Official Records.. ALSO EXCEPT THEREFROM the parcel of land as described in deed to May R. Maino, and recorded May 1, 1930 in Book 85, at Page 409 of Official Records. ALSO EXCEPT THEREFROM that portion described in deed to John Snetsinger recorded March 14, 1974 in Book 1769, at Page 240 of Official Records. APN: 052 -271 -010 F: \ne[\"I�T'homc102 \Docs\Easement 05 -1 1- 06.doc EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT That portion of Dana Avenue, in the City of San Luis. Obispo, County of San Luis Obispo, State of California, as abandoned per Resolution No. 2472 recorded July 25, 1973 in Volume 1736 at Page 37 of Official Records in the office of the County Recorder of said County, more particularly described as follows: An eighteen (18) foot wide strip of land lying northerly of and adjacent to the easterly prolongation of the centerline of Hays Street, a sixty (60) foot wide road according to the Map of That Portion of the Phillips Addition to the City of San Luis Obispo, filed in Book A, Page 162 of Maps, records of said County, said strip being bounded on the east by the Easterly Boundary of said Phillips Addition to the City of San Luis Obispo, and bounded on the west by the Westerly right of way line of said Dana Avenue (now abandoned), a seventy (70) foot wide road as shown on said map. The above described parcel is graphically'shown on Exhibit C -2 attached hereto and made a part hereof. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record.. -%.r110 -�� - 0 o :a 4 UE. CID. 6904 z Erp. Y09,M. Richardson, P.L.S..6904 (exp. 6/2007) F: \net \T \Thomc102 \Docs\Easement 05 -1 1- 06.doc 1 EXHIBIT "C -2" CENTERLINE HAYS STREET 0 co 0 cn 0 co SL 0CK 42 10 11 13 13 design professionals civil engineers . land surveyors • land planners 1998 santa barbara st • san luis obispo, ca 93401 ph: 8051549 -8658 • email: eda @edainc.com 18' PRIVATE INGRESS AND EGRESS EASEMENT I W Z Q z Q 0 70' GRAPH IC SCAL E 50 0 50 100 ( IN FEET ) 1 inch = 50 ft. EASEMENT EXHIBIT C -2 JOB NO. 2.3396.000 END OF DOCUMENT z N 0 W I= � > > o Iw �Izz pp Z J W0zr� 010 0 > 0 - Q w QI Q < (D I z Q ca o oaoa u-< 013: 0 z� � LL °w.M I I 1 14 13 ?�W m oo�w �Iz �zN° FLOCK 43 �I> ° a Cj a I I\ M.3 162 wjZ "' CENTERLINE HAYS STREET 0 co 0 cn 0 co SL 0CK 42 10 11 13 13 design professionals civil engineers . land surveyors • land planners 1998 santa barbara st • san luis obispo, ca 93401 ph: 8051549 -8658 • email: eda @edainc.com 18' PRIVATE INGRESS AND EGRESS EASEMENT I W Z Q z Q 0 70' GRAPH IC SCAL E 50 0 50 100 ( IN FEET ) 1 inch = 50 ft. EASEMENT EXHIBIT C -2 JOB NO. 2.3396.000 END OF DOCUMENT AGREEMENT • THIS AGREEMENT ( "Agreement ") is entered into this I st day of May, 2006, by and between Clarence Thoma and Pearl Thoma, husband and wife (collectively, "Thoma "), and Don Stimson and Barbara Stimson, husband and wife (collectively, "Stimson "). Thoma and Stimson are collectively referred to herein as the "pasties ". 1. The parties are neighbors and own real property adjacent to each other within the City. In 1973, the City= passed Resolution No. 2432, Resolution No. 2446 and Resolution No. 2472 providing for the abandonment of Dana Avenue ( "Abandonment "). By this Agreement, the parties seek to clarify the nature and extent of that Abandonment. 2. Contemporaneous with the execution of this Agreement, Thoma shall execute an easement grant deed ( "Easement ") in the form attached hereto as Exhibit "A" and a quitclaim deed ( "Quitclaim Deed ") in the form attached hereto as Exhibit "B ", and deliver the Easement and Quitclaim Deed, as well as a copy of this Agreement, to the City of San Luis Obispo. It is understood and agreed by the parties hereto that the City of San Luis Obispo will hold the executed Quitclaim Deed until the termination of the Easement, at which time it will record the Quitclaim Deed. 3. In consideration of the foregoing, the parties do hereby, for themselves and agents. successors -in- interest and assigns, agree to fully and forever release and discharge each other from any and all claims relating to or arising from the Abandonment. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement on the date set forth above. "THOMA" "STIMSON" ;larence Thoma Don timson Pearl Thoma Barbara Stimson F. \ncl \T \ThomclD2 \Does \Settlement Agreement 5- 16- 06.doe SETTLEMENT AGREEOT, NT 16 AND FULL MUTUAL RELEASE EXHIBIT "A" EASEMENT E RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: 0 APN: 052-124-016,052-271-010 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY EASEMENT GRANT DEED The undersigned Grantor declares: DOCUMENTARY TRANSFER TAX: X Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Unincorporated area; X City of San Luis Obispo, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CLARENCE W. THOMA and PEARL M. THOMA, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992 (collectively, the "Grantors ") as owners of certain real property described on Exhibit "A" hereto ( "Grantors' Property "), hereby GRANT to DON STIMSON and BARBARA STIMSON, husband and wife, (collectively, "Grantees "), as the owners certain other real property described on Exhibit "B" hereto ( "Grantees' Property "), an easement over that portion of the Grantors' Property described on Exhibit "C" hereto (the "Easement Area "), subject to the following terms and conditions (the "Easement "): 1. The Easement shall be for ingress and egress by the residents of up to five (5) homes located either now, or in the future, on Grantees' Property. No commercial use of the Easement is allowed, except for construction traffic in connection with Grantees' development of Grantees' Property. 2. The Easement shall be nonexclusive. 3. The Easement shall be appurtenant to Grantees' Property. 4. The owner of the Grantees' Property shall be responsible for improvement, maintenance and . repair of the Easement. The Grantors will have no responsibility for improvement, maintenance and repair of the Easement. F: \net \T1'niomc102 \Dots \Easement 05 -1 1- 06.doc 5. The owner of Grantees' Property shall indemnify, defend and hold harmless the owner of the Grantor's Property for any claims, damages, injuries, liabilities and expenses of any kind related to the Easement, except to the extent caused by the gross negligence or willful misconduct of the Grantors. 6. This Easement shall expire automatically on the date which is five (5) _years from the date on which this Easement is recorded in the Official Records of San Luis Obispo County, California. Promptly upon expiration of this Easement, the parties shall take such action as necessary to cause that certain Quitclaim Deed executed by Grantors and held by the City of San Luis Obispo to be recorded in accordance with the parties' unrecorded Agreement dated May 1, 2006. IN WITNESS WHEREOF, this Easement is hereby executed by the said Grantors on the date last written below. "GRANTORS" Clarence W. Thoma, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992 Dated: Pearl M. Thoma, Trustee of the Clarence W. Thoma Family Revocable 'Trust under Declaration dated August 12, 1992. Dated: F: \net \nThomc102 \Does \Easement 05 -1 1- 06.doc CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California County of On before me; (here insert name and title of the officer), personally appeared 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 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California County of On before me, (here insert name and title of the officer), personally appeared 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 F: \net \T\Thomc102 \Docs \Easement 05 -1 I- 06.doc r 1 10 EXHIBIT "A" LEGAL DESCRIPTION OF GRANTOR'S PROPERTY Lot 13 in Block 43 of Phillips Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record, August 27, 1902, in Book A, at Page 162 of Maps, in the office of the County Recorder of said County, along with that certain portion of Dana Avenue in the City of San Luis Obispo, County of San Luis Obispo, State of California, as abandoned per Resolution No. 2472, recorded. July 25, 1973 in Volume 1736 at page 37 of Official Records in the office of the County Recorder of said County, which title would pass to the owner of the above described lot as a result of the abandonment. APN: 052 -124 -016 F: \net\T\Tliomc102 \Dots \Easement 05- 11- 06.doc EXHIBIT "B" LEGAL DESCRIPTION OF GRANTEE'S PROPERTY The Southwest quarter of the Southwest quarter of Section 24, in Township 30 South of Range 12 East, Mount Diablo Base and Meridian, according to the official plat of the survey of said Lands approved by the Surveyor General on November 30, 1867. EXCEPT THEREFROM all that part thereof known as Monterey Heights according to the map of said Monterey Heights recorded September 23, 1925 in Book 3, at Page 66 of Maps. ALSO EXCEPT THEREFROM the parcel of land as described in deed to J.F. Faulstich and Eva Faulstich, and recorded July 2, 1928, in Book 53, at Page 368 of Official Records. ALSO EXCEPT THEREFROM the parcel of land as described indeed to May R. Maino, and recorded May 1, 1930 in Book 85, at Page 409 of Official Records. ALSO EXCEPT THEREFROM that portion described in deed to John Snetsinger recorded March 14, 1974 in Book 1769, at Page 240 of Official Records. APN: 052 -271 -010 F`. \net \T\Thomc102 \Docs \Easement 05 -1 1- 06.doc EXHIBIT "C" LEGAL DESCRIPTION OF EASEMENT That portion of Dana Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as abandoned per Resolution No. 2472 recorded July 25, 1973 in Volume 1736 at Page 37 of Official Records in the office of the County Recorder of said County, more particularly described as follows: An eighteen (18) foot wide strip of land lying northerly of and adjacent to the easterly prolongation of the centerline of Hays Street, a sixty (60) foot wide road .according to the Map of That Portion of the Phillips Addition to the City of San Luis Obispo, filed in Book A, Page 162 . of Maps, records of said County, said strip being bounded on the east by the Easterly Boundary of said Phillips Addition to the City of San Luis Obispo, and bounded on the west by the Westerly right of way line of said Dana Avenue (now abandoned), a seventy (70) foot wide road as shown on said map. The above described parcel is graphically shown on Exhibit C -2 attached hereto and made a part hereof. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. Linda M. Richardson, P.L.S. 6904 (exp. 6/2007) F: \net \l\Tliiomc102 \Docs \Easement 05- 11- 06.doc i EXHIBIT "C -2" 0 CENTERLINE o M HAYS STREET ° BLOCK 1 4 "lO I 11 i 12 1 13 design professionals civil engineers . land surveyors . land planners 1998 santa barbara st • san luis obispo, ca 93401 ph: 805/549 -8658 • email: eda @edainc.com 18' PRIVATE INGRESS AND EGRESS EASEMENT I I w z a z 0 70' FN GRAPH IC SCAL E 50 0 50 100 ( IN FEET ) 1 inch = 50 ft. EASEMENT EXHIBIT C -2 JOB NO. 2.3396.000 i z , N o i CO w �- U- lo 2 w0 z o I 010 Q ¢w o w I QI Q Z Q < I �IQ o aw�a I o�0CD old �� z wow M 00 U I '14 ,13jj J oo�I ylz 0 Q I BLOCK �i 3 JI> ° CO °? °> I �IQ a I A J\/1 l 8 1 �� wl z w Rio 0 CENTERLINE o M HAYS STREET ° BLOCK 1 4 "lO I 11 i 12 1 13 design professionals civil engineers . land surveyors . land planners 1998 santa barbara st • san luis obispo, ca 93401 ph: 805/549 -8658 • email: eda @edainc.com 18' PRIVATE INGRESS AND EGRESS EASEMENT I I w z a z 0 70' FN GRAPH IC SCAL E 50 0 50 100 ( IN FEET ) 1 inch = 50 ft. EASEMENT EXHIBIT C -2 JOB NO. 2.3396.000 SETTLEMENT AGREEIENT AND FULL MUTUAL RELEASE EXHIBIT "B" QUITCLAIM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: i SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY QUITCLAIM DEED DOCUMENTARY TRANSFER TAX: Nil _Computed on the consideration or value of property conveyed; OR _Computed on the consideration or value less liens or encumbrances remaining at time of sale. _ _ Unincorporated areal X City of _ San Luis Obispo and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CLARENCE W. THOMA and PEARL M. THOMA, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992, hereby release, remise and forever quitclaim to THE CITY OF SAN LUIS OBISPO, a chartered municipal corporation, all their right, title and interest in and to the real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, described on Exhibit "A" hereto: "GRANTORS" Clarence W. Thoma, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992 Dated: Pearl M. Thoma, Trustee of the Clarence W. Thoma Family Revocable Trust under Declaration dated August 12, 1992 Dated: F: \net \'RThomc102 \Docs \Quitclaim 05- 11- 06.doc CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California County of On before me, (here insert name and title of the officer), personally appeared 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 tome 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 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California County of On - before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose r>ame(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 F: \net \T\Thomc102 \Docs \Quitclaim 05 -1 1- 06.doc EXHIBIT "A" LEGAL DESCRIPTION That portion of Dana Avenue, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as abandoned per Resolution No. 2472 recorded July 25, 1973 in Volume 1736 at Page 37 of Official Records in the office of the County Recorder of said County, more particularly described as follows: An eighteen (18) foot wide strip of land lying northerly of and adjacent to the easterly prolongation of the centerline of Hays Street, a sixty (60) foot wide road according to the Map of That Portion of the Phillips Addition to the City of San Luis Obispo, filed in Book A, Page 162 of Maps, records of said County,, said strip being bounded on the east by the Easterly Boundary of said Phillips Addition to the City of San Luis Obispo, and bounded on the west by the Westerly right of way line of said Dana Avenue (now abandoned), a seventy (70) foot wide road as shown on said map. The above described parcel is graphically shown on Exhibit C -2 attached hereto and made a part hereof. Subject to covenants, conditions, reservations, restrictions, rights of way and easements, if any, of record. Linda M. Richardson, P.L.S. 6904 (exp. 6/2007) F:\net \'RThomc102 \Docs \Quitclaim 05 -1 1- 06.doc EXHIBIT "A -2" CENTERLINE b 0 HAYS STREET 0 CO 0 CO S L OCK 4.3 10 11 1.3 :13 design professionals civil engineers . land surveyors . land planners 1998 santa barbara st - san luis obispo, ca 93401 ph: 805/549 -8658 - email: eda @edainc.com 18' PRIVATE INGRESS AND EGRESS EASEMENT I w Z) z z a 0 FN GRAPH IC SCALE 50 0 50 100 ( IN FEET ) 1 inch = 50 ft. EXHIBIT A -2 z N _O CD W H. ID U- 0 [� Z J W0zr, 010 Q QW0W ZWOf �:IQ d < 01 3: Z O co �O z 0 0LW� o' — �1w } z0N w � D IZ J z 'It BLOCK 43 w�Q ¢ ° Q Z ° 8 1 6 3 wl Z w CENTERLINE b 0 HAYS STREET 0 CO 0 CO S L OCK 4.3 10 11 1.3 :13 design professionals civil engineers . land surveyors . land planners 1998 santa barbara st - san luis obispo, ca 93401 ph: 805/549 -8658 - email: eda @edainc.com 18' PRIVATE INGRESS AND EGRESS EASEMENT I w Z) z z a 0 FN GRAPH IC SCALE 50 0 50 100 ( IN FEET ) 1 inch = 50 ft. EXHIBIT A -2 ANDRE, MORRIS & BUTTERY A PROFESSIONAL LAW CORPORATION I May 18, 2006 Via Hand Delivery I J. Christine Dietrick Assistant City Attorney 990 Palm Street San Luis Obispo, CA 93401 Re: Thoma and Stimson Easement Dear Christine: tlTED MAY 1 106 SLO CITY ATTORNEY PETER R. ANDRE (1918 -2000) MICHAEL J. MORRIS JAMES C..BUTTERY DENNIS D. LAW J. TODD MIROLLA SCOTT W. WALL KATHRYN M. EPPRIGHT KEVIN D. MORRIS WILLIAM V. DOUGLASS JEAN A. ST. MARTIN LISA LaBARBERA TOKE MELISSA McGANN BABU BETH A. MARINO JULIE CASEY MARTINEZ PHILIP A. MARTINEZ RYAN M. ARNOLD 1102 Laurel Lane Post Office Box 730 San Luis Obispo, CA 93406-0730 Telephone 805.543.4171 Facsimile 805.543.0752 2739 Santa Maria Way, Third floor Post Office Box 1430 Santa Maria, CA 93456.1430 www.amblaw.com As you know, this firm represents Clarence ( "Bud ") and Pearl Thoma in regard to their dispute with Don and Barbara Stimson regarding the abandonment of Dana Avenue and the Stimson's right to use a portion of the previously abandoned street for access to their property. In resolution of that matter, the Thomas and Stimsons have entered into an agreement whereby the Thomas will grant the Stimsons an easement over the disputed area for five (5) years (the "Easement "), and then upon expiration of that Easement, the Thomas would quitclaim their interest in the easement area to the City (the "Quitclaim "). The documents memorializing this agreement, which are enclosed with this letter, are as follows: (1) the Agreement with the original signatures of the Thomas and the Stimsons; (2) the Easement Grant Deed with original signatures from the Thomas and the Stimsons; and (3) the Quitclaim Deed with original signatures from the Thomas. These documents are being delivered to you on the specific condition and instruction that only the Easement would be recorded following the City Council meeting on June 6, 2006, and that the Quitclaim would be held by the City for five (5) years and then recorded upon expiration of the Easement. If for any reason the City cannot, or will not, comply with these instructions, or if you have any questions, please contact me immediately. Thank you for your assistance in this matter. Very truly yours, Kathryn M. ppnght KME /j as Enclosures cc: Bud & Pearl Thoma (w /enclosures) Bill Thoma (w /enclosures) Don and Barbara Stimson (w /enclosures) Jay Walter (w /enclosures) FANet \T\Thomc102\Ltr\Dietrick 05 -1 M6.doc