HomeMy WebLinkAboutD-1705A APN 053-034-002 - APN 053-034-003 Recorded 11/16/2006RECORDING REQUESTED BY:
C't of San Luis Obispo
JESTA TITLE COMPANY _7
WHEN RECORDED MAIL TO:
Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
JULIE ROQEWALD - DG
San Luis Obispo County — erklRecorder 11/16/2006 ;
8:00 AM
Recorded at the request of '
Cuesta Title Company
Doc #: 2006081565
DEED OF TRUST AND SECURITY AGREEMENT
Titles: 2
Pages: 16
Fees
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Taxes
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THIS DEED OF TRUST AND SECURITY AGREEMENT ( "Deed of Trust ") is
made this c9h '6�; day of , 2006, among the trustor,
VILLAS AT HIGUERA LIMITED PARTNERSHIP, a California limited partnership
( "Borrower "), whose address is 3533 Empleo Street, San Luis Obispo, CA 93401,
Questa Title Company ( "Trustee "), and the City of San Luis Obispo, a political
subdivision of the State of California (the "City ") as Beneficiary.
The Borrower, in consideration of the promises herein recited and the trust herein
created, irrevocably grants, transfers, conveys and assigns to Trustee, in trust,
with power of sale, the property located in the City of San Luis Obispo, State of
California, described in the attached Exhibit "A" and more commonly known as:
Assessor's Parcel No. 053- 034 -002 and 053 - 034 -003, San Luis Obispo County,
California (the "Property ");
TOGETHER with all the improvements now or hereafter erected on the property,
and all easements, rights, appurtenances, and all fixtures now or hereafter
attached to the Property, all of which, including replacements and additions
thereto, shall be deemed to be and remain a part of the Property covered by this
Deed of Trust;
TO SECURE to the City the performance of the covenants and agreements of
Borrower contained in the Agreement Regarding Acquisition and Development of
Real Property Using Community Development Block Grant Funds and in the
Affordability Agreement/Deed of Trust. Covenants, both executed by and between
the Borrower and the City and both dated the same date as this Deed of Trust
(the. "Agreements ");
TO SECURE to the City the repayment of the sums evidenced by a promissory
note executed by Borrower and the City and dated the same date as this Deed of
Trust, in the amount of Three Hundred Forty Thousand Six Hundred Sixty Seven
Dollars ($340,667.00) (the "Note "); and
TO SECURE the payment of all other sums, with interest thereon, advanced in
�b 19 D 50L.,
accordance herewith to protect the security of this Deed of Trust; and the
performance of the covenants and agreements of Borrower herein contained.
BORROWER COVENANTS AND AGREES AS FOLLOWS:
1. Borrower's Estate. That Borrower is lawfully seized of the estate hereby
conveyed and has the right to grant and convey the Security, that other than this
Deed of Trust, the Security is encumbered only by: (1) that deed of trust
executed by Borrower in connection with a loan made to Borrower by .
Washington Mutual Bank (the "First Lender "), executed by Borrower in favor of
First Lender (the "First Lender Deed of Trust "), securing a promissory note
executed by Borrower in favor of the First Lender ( "First Lender Note ") to assist
in the development of the Property; (2) that deed of trust executed by Borrower in
connection with a loan made to Borrower by the County of San Luis Obispo (the
"Second Lender"), executed by Borrower in favor of Second Lender (the "Second
Lender Deed of Trust "), securing a promissory note executed by Borrower in
favor of the Second Lender ( "Second Lender Note ") to assist in the development
of the Property, and the Affordability Agreement/Deed of Trust Covenants
executed by Borrower in favor of Second Lender (the "Second Lender
Affordability Agreement "); (3) that deed of trust executed by Borrower in
connection with a loan of Affordable Housing Fund funds made to Borrower by
the City (the "City AHF Deed of Trust "), securing a promissory note executed by
Borrower in favor of the City ( "City AHF Note ") to assist in the development of the
Property, and the Affordability Agreement/Deed of Trust Covenants executed by
Borrower in favor of City (the "City AHF Affordability Agreement "); and (4) the
Agreements executed by Borrower and City and secured by this Deed of Trust..
The First Lender Note, First Lender Deed of Trust, Second Lender Note, Second
Lender Deed of Trust, Second Lender Affordability Agreement, City AHF Note,
City AHF Deed of Trust, and City AHF Affordability Agreement shall collectively
be referred to herein as the "Senior Loan Documents ".
The Borrower agrees to warrant. and defend generally the title to the Security
against all claims and demands, subject to any declarations, easements or
restrictions listed in a schedule of exceptions to coverage in any title insurance
policy insuring the City's interest in the Security. (As used in this Deed of Trust,
the term "First Lender" and "Second Lender" shall include all successors and
assigns of the First and Second Lenders.)
2. Repayment of Loan. Borrower will promptly repay, when due the principal
and interest required by the Note.
3. Agreements. Borrower will observe and perform all of the covenants and
agreements of the Agreements.
4. First Lender Loan. Borrower will observe and perform all of the covenants
and agreements of the First Lender Note and the First Lender Deed of Trust.
5. Second Lender Loan. Borrower will observe and perform all of the covenants
and agreements of the Second Lender Note, the Second Lender Deed of Trust,
and the Second Lender Affordability Agreement.
6. Charges; Liens. Borrower will pay all taxes, assessments and other
charges, fines and impositions attributable to the Security which may attain a
priority over this Deed of Trust, by Borrower making any payment, when due, .
directly to the payee thereof. Borrower will promptly furnish to the City all notices
of amounts due under this paragraph except property tax notices. In the event
Borrower makes payment directly, Borrower will promptly discharge any lien
which has priority over this Deed of Trust; provided, that Borrower will not be
required to discharge the lien of the First Lender Deed of Trust, Second Lender
Deed of Trust, Second Lender Affordability Agreement, City AHF Deed of Trust,
City AHF Affordability Agreement, or any other lien described in this paragraph
so long as Borrower will agree in writing to the payment of the obligation secured
by such lien in a manner acceptable to the City, or will, in good faith, contest
such lien by, or defend enforcement of such lien in, legal proceedings which
operate to prevent the enforcement of the lien or forfeiture of the Security or any
part thereof.
7. Hazard Insurance. Borrower will keep the Security insured by a standard
fire and extended coverage insurance policy in at least such amounts and for
such periods as the City may require, which amounts shall be the lesser of (1)
the sum of the loan amount under the Note, the City AHF Note and the First and
Second Lender Note, or (2) the replacement cost of the Security, but in no event
less than (3) the amount necessary to prevent Borrower from becoming a co-
insurer under the terms of the policy.
The insurance carrier providing this insurance shall be licensed to do business in
the State of California and be chosen by Borrower subject to approval by the
City; provided, that such approval will not be withheld if the insurer is also
approved by the First Lender), or successors thereto.
All insurance policies and renewals thereof will be in a form acceptable to the
City and will include a standard mortgagee clause with standard lender's
endorsement in favor of the City and the holder(s) of the First and Second
Lender Note as their interests may appear and in a form acceptable to the City.
The City shall have the right to hold, or cause its designated agent to hold, the
policies and renewals thereof, and Borrower shall promptly furnish to the City, or
its designated agent, the original insurance policies or certificates of insurance,
all renewal notices and all receipts of paid premiums. In the event of loss,
Borrower will give prompt notice to the insurance carrier and the City or its
designated agent. The City, or its designated agent, may make proof of loss if not
made promptly by Borrower. The City shall receive thirty days advance notice of
cancellation of any insurance policies required under this section.
Unless the City and Borrower otherwise agree in writing, insurance proceeds,
subject to the rights of the First. and Second Lenders, will be applied to
restoration or repair of the Security damaged, provided such restoration or repair
is economically feasible and the security of this Deed of Trust is not thereby
impaired. If such restoration or repair is not economically feasible or if the
security of this Deed of Trust would be impaired, the insurance proceeds will be
used, subject to the rights of the First and Second Lenders, to repay the Note
and all sums secured by this Deed of Trust, with the excess, if any, paid to
Borrower. If the Security is abandoned by Borrower, or if Borrower fails to
respond to the City, or its designated agent, within thirty (30) days from the date
notice is mailed by either of them to Borrower that the insurance carrier offers to
settle a claim for insurance benefits, the City, or its designated agent, is
authorized, subject to the rights of the First and Second Lenders, to collect and
apply the insurance proceeds at the City's option either to restoration or repair of
the Security or to repay the Note and all sums secured by the Deed of Trust.
If the Security is acquired by the City, all right, title and interest of Borrower in
and to any insurance policy and in and to the proceeds thereof resulting from
damage to the Security prior to the sale or acquisition will pass to the City to the
extent of the sums secured by this Deed of Trust immediately prior to such sale
or acquisition, subject to the rights of the First and Second Lenders.
8. Preservation and Maintenance of Security. Borrower will keep the
Security in good repair and will not commit waste or permit impairment or
deterioration of the Security.
9. Protection of the City's Security. If Borrower fails to perform the covenants and
agreements contained in this Deed of Trust or if any action or proceeding is
commenced which materially affects the City's interest in the Security, including,
but not limited to, default under the Deeds of Trust securing the First and Second
Lender Notes or any other deed of trust encumbering the Property, eminent
domain, insolvency, code enforcement, or arrangements or proceedings
involving a bankrupt or decedent, then the City, at the City's option, upon notice
to Borrower, may make such appearances, disburse such sums and take such
action as it determines necessary to protect the City's interest, including but not
limited to, disbursement of reasonable attorney's fees and entry upon the
Security to make repairs.
Any amounts disbursed by the City pursuant to this paragraph, with interest
thereon, will become an indebtedness of Borrower secured by this Deed of Trust.
Unless Borrower and City agree in writing to other terms of payment, such
amount will be payable upon notice from the City to Borrower requesting
payment thereof, and will bear interest from the date of disbursement at the rate
payable from time to time on outstanding principal under the Note unless
payment of interest at such rate would be contrary to applicable law, in which
event such amounts will bear interest at the highest rate permissible under
applicable law. Nothing contained in this paragraph will require the City to insure
any expense or take any action hereunder. j
10. Inspection. The City may make or cause to be made reasonable entries upon
and inspections of the Security; provided that the City will give Borrower
reasonable notice of inspection.
11. Forbearance by the City Not a Waiver. Any forbearance by the City in
exercising any right or remedy will not be a waiver of the exercise of any such
right or remedy. The procurement of insurance or the payment of taxes or other
liens or charges by the City will not be a waiver of the City's right to accelerate
the maturity of the indebtedness secured by this Deed of Trust.
12. Remedies Cumulative. All remedies provided in this Deed of Trust are
distinct and cumulative to any other right or remedy under this Deed of'Trust or
any other document, or afforded by law or equity, and may not be exercised
concurrently, independently or successively.
13. Successors and Assigns Bound. The covenants and agreements herein
contained shall bind, and the rights hereunder shall inure to, the respective
successors and assigns of the City and Borrower subject to the provisions of this
Deed of Trust..
14. Joint and Several Liability. All covenants and agreement of Borrower shall
be joint and several.
15. Notice. Except for any notice required under applicable law to be given in
another manner, (a) any notice to Borrower provided for in this Deed of Trust will
be given by certified mail, addressed to Borrower at the address shown in the
first paragraph of this Deed of Trust or such other address as Borrower may
designate by notice to the City as provided herein, with a copy to Borrower's
limited partner at the address provided in the Agreements, and (b) any notice to
the City will be given by express delivery, return receipt requested, to the City's
designated agent;
Director of Community Development
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
or to such other address as the City may designate by notice to Borrower as
provided above. Notice shall be effective as of the date received by the City as
shown on the return receipt.
16. Governing Law. This Deed of Trust shall be governed by the laws of the
State of California.
17. Severability. In the event that any provision or clause of this Deed of Trust
or the Note conflicts with applicable law, such, conflict will not affect other
provisions of this Deed of Trust or the Note which can be given effect without the
conflicting provision, and to this end the provisions of the Deed of Trust and the
Note are declared to be severable.
18. Captions. The captions and headings in this Deed of Trust are for
convenience only and are not to be used to interpret or define the provisions
hereof.
19. Default; Remedies. Upon Borrower's breach of any covenant or
agreement of Borrower in this Deed of Trust including but not limited to the
covenants to pay, when due, any sums secured by this Deed of Trust, then prior
to acceleration the City will mail by certified mail with a return receipt requested,
a notice to Borrower specifying: (1) the breach; (2) the action required to cure
such breach; (3) a date, not less than thirty (30) days from the date the notice is
received by Borrower as shown on the return receipt, by which such breach is to
be cured; and (4) that failure to cure such breach on or before the date specified
in the notice may result in acceleration of the sums secured by this Deed of Trust
and sale of the Security. The notice will also inform Borrower of Borrower's right
to reinstate after acceleration and the right to bring a court action to assert the
nonexistence of default or any other defense of Borrower to acceleration and
sale. If the breach is not cured on or before the date specified in the notice, the
City, at the City's option, may: (a) declare all of the sums secured by this Deed of
Trust to be immediately due and payable without further demand and may invoke
the power of sale and any other remedies permitted by California law; (b) either
in person or by agent, with or without bringing any action or proceeding, or by a
receiver appointed by a court, and without regard to the adequacy of its security,
enter upon the Security and take possession thereof (or any part thereof) and of
any of the Security, in its own name or in the name of the Trustee, and do any
acts which it deems necessary or desirable to preserve the value or marketability
of the Security, or part thereof or interest therein, in order to increase the income
therefrom or protect the security thereof. The entering upon and taking
possession of the Security shall not cure or waive any breach hereunder or
invalidate any act done in response to such breach and, notwithstanding the
continuance in possession of the Security, theCity shall be entitled to exercise
every right provided for in this Deed of Trust, or by law upon occurrence of any
uncured breach, including the right to exerciselthe power of sale; (c) commence
an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or
specifically enforce any of the covenants hereof; (d) deliver to Trustee a written
declaration of default and demand for sale, pursuant to the provisions for notice
of sale found at California Civil Code Sections 2924, et seq., as amended from
time to time; or (e) exercise all other rights and remedies provided herein, in the
instruments by which the Borrower acquires title to any Security, or in any other
document or agreement now or hereafter evidencing, ,creating or securing all or
any portion of the obligations secured hereby, or provided by law. A cure by
Borrower's limited partner shall be deemed a cure by the Borrower.
The City shall be entitled to collect all reasonable costs and expenses incurred in
pursuing the remedies provided in this paragraph, including, but not limited
to, reasonable attorney's fees.
20. Acceleration. Upon the occurrence of a default under this Deed of Trust,
the Agreements, or the Note, the City shall have the right to declare the full
amount of the principal along with any interest under the Note immediately due
and payable. Any failure by the City to pursue its legal and equitable remedies
upon default shall not constitute a waiver of the City's right to declare a default
and exercise all of its rights under this Deed of Trust, the Note and the
Agreements. Nor shall acceptance by the City of any payment provided for in the
Note constitute a waiver of the City's right to require prompt payment of any
remaining principal and interest owed on the Note.
21. Borrower's Right to Reinstate. Notwithstanding the City's acceleration
of the sums secured by this Deed of Trust, Borrower will have the right to have
any proceedings begun by the City to enforce this Deed of Trust discontinued at
any time prior to five (5) days before sale of the Security pursuant to the power of
sale contained in this Deed of Trust or at any time prior to entry of a judgment
enforcing this Deed of Trust if: (a) Borrower pays the City all sums which would
be then due under this Deed of Trust and no acceleration under the Note has
occurred; (b) Borrower cures all breaches of any other covenants or agreements
of Borrower contained in this Deed of Trust to the satisfaction of the City; (c)
Borrower pays all reasonable expenses incurred by the City and Trustee in
enforcing the covenants and agreements of Borrower contained in this Deed of
Trust, and in enforcing the City's and Trustee's remedies, including, but not
limited to, reasonable attorney's fees; and (d) Borrower takes such action as the
City may reasonably require to assure that the lien of this Deed of Trust, the
City's interest in the Security and Borrower's obligation to pay the sums secured
by this Deed of Trust shall continue unimpaired. Upon such payment and cure by
Borrower, this Deed of Trust and the obligations secured hereby will remain in full
force and effect as if no acceleration had occurred.
22. Reconveyance. Upon payment.of all sums secured by this
Deed of Trust, the City will request Trustee to reconvey the Security and will
surrender this Deed of Trust and the Note to Trustee. Trustee will reconvey the
Security without warranty and without charge to the person or persons legally
entitled thereto. Such person or persons will pay all costs of recordation, if any.
23. Substitute Trustee. The City, at the City's option, may from time to time
remove Trustee and appoint a successor trustee to any Trustee appointed
hereunder. The successor trustee will succeed to all the title, power and duties
conferred upon the Trustee herein and by applicable law.
24. Superiority of the Senior Loan Documents. Notwithstanding any other
provision hereof, the provisions of this Deed of Trust shall be subordinate to the
lien of the Senior Loan Documents and shall not impair the rights of the First and
Second Lenders, or such lender's assignee or successor in interest, to exercise
its remedies under the First and Second Lender Deed of Trust in the event of
default under the First and Second Lender Deeds of Trust by Borrower. Such
remedies under the First and Second Lender's. Deed of Trust include the right of
foreclosure or acceptance of a deed or assignment in lieu of foreclosure. After
such foreclosure or acceptance of a deed in lieu of foreclosure, this Deed of
Trust shall be forever terminated and shall have no further effect as to the
Property or any transferee thereafter; provided, however, if the holder of such
First and Second Lender's Deed of Trust acquired title to the Property pursuant
to a deed or assignment in lieu of foreclosure, this Deed of Trust shall
automatically terminate upon such acquisition of title, provided that (i) the City
has been given written notice of default under such First and Second Lender's
Deed of Trust and (ii) the City shall not have cured or commenced to cure the
default within such 30 -day period and given its firm commitment to complete the
cure in the form and substance acceptable to the First and Second Lender.
Trustor agrees to record any necessary documents to effect such termination, if
applicable.
25. Request for Notice. The City requests that copies of the notice of default and
notice of sale be sent to the City at the address set forth in Section 14
(Notice) above.
26. Notwithstanding anything to the contrary contained herein or in any
documents secured by this Deed of Trust or contained in any subordination
agreement, the City acknowledges and agrees that in the event of a foreclosure
or deed -in -lieu of foreclosure (collectively, "Foreclosure ") with respect to the
property encumbered by this Deed of Trust, the following rule contained in
Section 42(h)(6)(E)(ii) of the Internal Revenue Code of 1986, as amended, shall
apply:
For a period of three (3) years from the date of Foreclosure, with respect to any
unit that had been regulated by the regulatory agreement with the California Tax
Credit Allocation Committee, (i) none of the tenants occupying those units at the
time of Foreclosure may be evicted or their tenancy terminated (other than for
good cause), (ii) nor may any rent be increased except as otherwise permitted
under Section 42 of the Code.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust as of the
date first written above..
•
BORROWER:
VILLAS AT HIGUERA LIMITED PARTNERSHIP
By: Peoples' Self -Help Housing Corporation,
a California nonprofit public benefit corporation,
its general partner
J ANETTE DUNCAN*
xecutive Director
S OTT S
ecre
(*signatures must be notarized)
0
n
STATE OF CALIFORNIA )
s.s
COUNTY OF )
1
i
On l d y ._ dl before me, i l ,
Date Nam &Title of Offic e.g. "Jane Doe, Notary Public ")
personally
Name(s) of Signer(s)
personally known to me ( ) to
be the person(s) whose name(s)X/are subscribed to the within instrument and
acknowledged to me that he/sh /they executed the same in der /their
authorized capacity(ies) and that byAi9A9erftheir signature(s) on the instrument
the person(s) or the entity upon behalf of which the person(s) acted, executed
the instrument.
(Seal)
WITNESS my hand and official seal.
of Notary Public
My Commission expires , LAO l"
RUBY M.C: REMIGIO
Commission # 1390557
• -m Notary Public - California
San Luis Obispo County -
My Comm. Expires Dec 17, 2006
APPROVED AS TO CONTENT:
City of San Luis Obispo
C4 I�
i� 6
* /en mpian, ate
City Administrative Officer
( *signatures must be notarized)
APPROVED AS TO FORM AND LEGAL EFFECT:
c)C7" l g 2_0 o,6.
Jon Lowell ! Date
City Attorney
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN LUIS OBISPO )
On October 27, 2006, before me Audrey Hooper, City Clerk, personally appeared Ken
Hampian, City Administrative Officer, CITY OF SAN LUIS OBISPO, ersonally known to me
to be the person whose name is /me
subscribed to the within instrument and acknowledged to me that he /may executed the same
in his/hep4heir authorized capacity(oi4, and that by his /hefA� signaturA on the instrument
the person, or the entity upon behalf of which the personXacted, executed the instrument.
WITNESS my hand and official seal.
Signature
ity Cldrk
(Seal) �" �O
. ,
• i
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel A:
APN: 053,034,002
The land referred to in this report is situated in the County of San Luis Obispo, State of California, and is
described as follows:
That portion of Lot 24 according to the map of the Subdivision of the San Luis Obispo Suburban Tract,
in the. City of San Luis Obispo, County of San Luis Obispo, State of California, according to map
recorded February 7, 1006 in Book 1, Page 93 of Record of Surveys, described as follows:
Beginning at a point in the Easterly line of the California State Highway at a concrete monument at the
Southwest corner of said Lot 24;
Thence along the Easterly line of said highway, North 3 029' East, 132.57 feet to a concrete monument;
Thence North 3 °49' West, 213.46 feet to a point in the Easterly line of said highway;
Thence North 11 °07' West, 9.99 feet for the TRUE POINT OF BEGINNING, said point being the
Southwest corner of the land conveyed to N.W. Biddies by deed dated February 14, 1937 and recorded in
Book 211, Page 319 of:Official Records;
Thence from said TRUE POINT OF BEGINNING; Southeasterly along the said Easterly line of the
California State Highway 120 feet;
Thence North 89 149' East, 208 feet, more or less, to the East line of the property conveyed to Octavia
Augusta Martin, by deed dated March 10, 1934 and recorded in Book 150, Page 231 of Official Records;
Thence along said East line North 0° 11' West, 120 feet, more or less to the Southeast comer of the land
so conveyed to N.W. Biddies as aforesaid;
Thence South 89 149' West along the South line of the land so conveyed to said N.W. Biddies, 235 feet,
more or less to the POINT OF BEGINNING.
Parcel B•
APN: 053,034,003
The Iand referred to in this report is situated in the County of-San Luis Obispo, State of California, and is
described as follows:
Those portions of Lot.24 of the Subdivision of the San.Luis Obispo Suburban Tract, in the City of San
Luis Obispo, County of San Luis Obispo, State of California, according to Map recorded February 7,
1906 in Book 1, Page 93 of Record of Surveys, described as follows:
Page 1 of 2
ff
EXHIBIT "A"
Parcel B1
Beginning at a point in the Easterly line of the California State Highway at a concrete monument at the
Southwest comer of said Lot 24;
Thence along the Easterly line of said highway, North 3 029' East, 132.57 feet to a concrete monument;
Thence North 3 °49' West, 213.46 feet to a point in the Easterly line of said highway;
Thence North 11 °07'West, 59.99 feet for the TRUE POINT OF BEGINNING, said point being the
Northwest comer of the land conveyed to Octavia Augusta Martin by deed dated March 10, 1934 and
recorded in Book 150, Page 231 of Official Records;
Thence from said TRUE POINT OF BEGINNING, South 11 °07' East, 50 feet;
Thence North 89 049' East, 235 feet, more or less, to the East line of the property conveyed to said
Octavia Augusta Martin; .
Thence along said Easterly line, North 0 °11' West to the Northeast comer of the land so conveyed to said
Octavia Augusta Martin;
Thence along the North line of the property so conveyed, South 89 °49' West, 235.13 feet to the POINT
OF BEGINNING.
Parcel B2:
Beginning at a point in the North line of the property conveyed to N.W: Biddles, by deed recorded in
Book 211, Page 319 of Official Records, said point. being North 89.°49' East, .200 feet from the Easterly
line of the California State Highway, said point being also the Southeast comer of the property conveyed
to R.C. Terhune and Wife, by deed recorded in Book 85, Page 281 of Official Records;
Thence North 89 °49' East along the North line of the property so conveyed to said N.W. Biddles,35.13
feet;
Thence North 0 °11' West, 70 feet;
Thence South 89 149' West, 48.65 feet to the East line of the property so conveyed to said R.C. Terhune
and Wife;
Thence South 11 °07' East along said East line, 71.29 feet to the POINT OF BEGINNING.
End of Legal Description
Page 2 of 2
CERTIFICATE j
This is to certify that the interest in real property conv I yed by the Deed of Trust
from the VILLAS AT HIGUERA LIMITED PARTNERSHIP to the City of San Luis
Obispo, a political subdivision of the State of California, is hereby accepted by
the undersigned officer or agent on behalf of the City Council of the City of San
Luis Obispo pursuant to the authority conferred by City Council Resolutions Nos.
2012 adopted on FY--aiw ,K0q I), and the grantee consents to recordation
thereof by its duly authorized officer.
City of San Luis Obispo
EN MPIAN
City Administrative Officer
Dated: 12-1Z., LOIC
STATE OF CALIFORNIA ) Sv "�J-r/Cko
s.s
COUNTY OF ) Q
O befor me,
Date Name & Title of leer (e.g. "Jane Doe, Notary Public ")
persona appeared
Name(s) o Signer(s)
personally kn wn to me (or proved tom on the basis of s isfactory evidence) to
be the person( whose name(s) is /are su cribed to the wit ' instrument and
acknowledged to a that he /she /they execu d the same in hi er /their
authorized cape i ies) and that by his /her /th •r signature(s) on a instrument
the person(s) or the ntity upon behalf of which a person(s) acte executed
the instrument.
(Seal)
WITNESS my hand and official se +,
Signature of Notary Public
My Commission expires
STATE OF CALIFORNIA
0 0
)Ss
COUNTY OF SAN LUIS OBISPO
On October 27, 2006, before me Audrey Hooper, City Clerk, personally appeared Ken
Hampian, City Administrative Officer, CITY OF SAN LUIS OBISPO, personally known to me
(Ar roved to A on the hasis of satisferto;-y evide;we) +o be the person whose name] is /aw—
subscribed to the within instrument and acknowledged to me that he /sthey executed the same
in his/hG91h& authorized capacity(, and that by his/ signature) on the instrument
the person w, , or the entity upon behalf of which the person�Vacted, executed the instrument.
WITNESS my hand and official seal.
Signature aAw
ty Cle
(Seal)
END OF DOCUMENT