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HomeMy WebLinkAboutD-1951 APN: 004-961-007, 004-961-084 & 004-961-085 - 1241 & 1291 Laurel Lane and 1309 Richard St Recorded 07/24/2013• JULIE RODEWAIA AM San Luis Obispo cou clerk/Recorder 7/24/2013 Recorded at the request of 11:33 AM Public RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Community Development Department 919 Palm Street San Luis Obispo, CA 93401 -3249 Doc #: 2013043547 Titles: 1 Pages: ' 26 f Fees 89.00 Taxes 0.00 Others 7.00 PAID $96.00 AGREEMENT DECLARATION OF LOT LINE ADJUSTMENT LLA 4761Y =0 AL 113027) 1241 and 1291 L®vre/ Lame and IN09 Mfchard Sgreet eRlPIl S. 0044951-077, 0044961-004 & 004-951-005 (One Party) THIS DECLARATION is made by Laurel Lane Investments, LLC, a California Limited Liability Company, hereinafter referred to as "Owner ". RECITALS A. Owner owns 3 parcels of real property located in the City of San Luis Obispo, State of California, described on attached Exhibit A and hereinafter referred to as "Owner's Parcels." B. On May 7, 2013, the City of San Luis Obispo's Community Development Director approved lot line adjustment LLA 47 -13 between Owner's Parcels. A copy of the approval is attached hereto as Exhibit B. C. The new boundaries of Owner's Parcels, approved by the Community Development Director, are described more particularly on Exhibits C -1, D -1 and E -1 and shown on Exhibits C -2, D -2, & E -2, attached hereto, hereinafter referred to as "Parcel 1, Parcel 2 and Parcel 3 ", respectively. D. Owner desires to establish the new boundaries for Parcel 1, Parcel 2 and Parcel 3 approved for lot line adjustment by declaring that the parcels described on Exhibits C -1, D -1 and E -1 and shown on Exhibit C -2, D -2 and E -2 are the correct boundaries of said parcels. E. Owner desires that, in the event any of Owner's parcels are conveyed, any instrument of conveyance shall describe said Parcels as described on Exhibits C -1, D -1 and E -1 and as shown on Exhibit C -2, D -2 and E -2. NOW, THEREFORE, Owner hereby declares as follows: 1. Execution of this Declaration by Owner manifests his intent to finalize the lot line adjustment approved by the Community Development Director, and his intent, in the event any of Owner's Parcels are conveyed, that any instrument of conveyance shall describe the respective Parcels as said Parcels are described on Exhibits C -1, D -1 and E -1 and shown on Exhibit C -2, D -2 and E -2. J'Aq S( AGREEMENT — DECLARAN OF LOT LINE ADJUSTMENT • Page 2 2. This Declaration shall be effective at the time this instrument is recorded in the Official Records of the County of San Luis Obispo, State of California. Project Address (s): 1241 Laurel Lane, 1291 Laurel Lane and 1309 Richard Street Assessor's Parcel Number(s): 004 - 961 -077, -084 & -085 Lot Line Adjustment Number: 47 -1.3 (SLO AL 13 -0027) IN WITNESS WHEREOF, ac has executed this Declaration on - Date Owner: Laurel Lane Investments, LLC, a California Limited Liability Company By: Patrick Aurignac, Manager All Signatures Must Be Notarized! State of California } County of } On ,lu- -.CL , >-O('3 , before me, 1z—,yA �✓ &-- �l% �� , Notary Public, personally appeared, Patrick Aud nac who proved to me on the basis of satisfactory evidence to Itthe pe on(s) whose name( is/ re sub ribed to the within instrument and acknowledged to hshe /they executed t e same in� /her /their authorized capacity(ies), and that by er /their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the .State of California that the foregoing paragraph is true and correct.. KAREN S. WITNESS my hand and official seal. Comm salon aWt9621SS Are Notary Public - California W � San Luis Obispo ► Signature M Comm. Expires Dec c 26 28, , 2015 0 City Certificate i There has been compliance with the conditions of the approval of the lot line adjustment referred to herein. 0^ Date City of San Luis Obispo, Community Development Dept. By: Doug Davidson, Deputy Director Dou51a.s I:. Da J'4 s Bq State of California } County of San Luis Obispo } /� J On �4 Zol3, before me, /�u�� L. .s . A)tk,�, Yubl' c-, .�°a e a e obi i personally appeared, D b u_� �, a-U cis o 4, who proved to me on the basis of satisfactory evidence to be the personWwhose name,(3`f is /wer subscribed to the within instrument and acknowledged to me that he/sW#wy executed the same in MOW authorized capaciitysje~sr and that by histh~signatureofon the instrument the person K, or the entity upon behalf of which the perso*-facted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. • — �J LAURIE L. THOMAS Commission #t 1966877 = Notary Public - California D San Luis Obispo County Place Notary Seal Above Beneficiaries Consent to Agreement Declaration of Lot Line Adjustment Dale E. Oesterling and June K. Oesterling, Trustees of the , Oesterling Family Trust dated June 19, 1992, James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ 1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "Agreement Declaration of Lot Line Adjustment, Quitclaim Deeds and Acceptance Thereof" (The "Agreement "). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property (i) shall be subordinate to the agreement and (ii) shall apply to the lot lines being adjusted rather than the former lot lines being superseded by this Agreement. Date ' Beneficiary: Dare E. O Trustees of the ne K. Oesterling, V Family Trust dated June 19, 1992 Date Beneficiary: James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED State of California } County of On ZNg 240. 2c)M , before me, V c4-z tc . 9"LNV."A.4 ..� Fay Puoyc. personally appeared, Dale E. Oesterling and June K. Oesterling who proved to me on the basis of satisfactory evidence to.be the person(s) whose name(s),Ware subscribed to the within instrument and acknowledged to me that yeWlthey executed the same in fa slWtheir authorized capacity(ies), and that by bis1Wltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the .laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Si 9 natu ir State of California County of RYAN KEITH 8UMM A!! Commission & 1948383 Notary Fubiic . Cal"OMIA Sarda Barbara app, Count es 8 0 On , before me, , personally appeared, James R. Hall and Carol F. Hall who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.. WITNESS my hand and official seal. Signature State of California County of On , before me, , personally appeared, Polycomp Trust Company who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature E Beneficiaries Consent to Agreement Declaration of Lot Line Adjustment Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ 1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "Agreement Declaration of Lot Line Adjustment, Quitclaim Deeds and Acceptance Thereof" (The "Agreement "). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property (i) shall be subordinate to the agreement and (ii) shall apply to the lot lines being adjusted rather than the former lot lines being superseded by this Agreement. Date Beneficiary: Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Benefici James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED • State of California County of • On , before me, personally appeared, Dale E. Oesterling and June K. Oesterling who 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 histher /their authorized capacky(ies), and that by his/herttheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and corned. WITNESS my hand and official seal. Signature State of Ca ifom a County of On (0 , before me, ��✓ 'yl personally app ared, James R. Hall who proved to me on the basis of satisfactory evidence to be the person(4 whose namef4 is/ar& subscribed to the within instrument and acknowledged to me that he/sheAey executed the same in his/ttP authorized capacity(me), and that by his1hez6*W signatureWQn the instrument the person or the entity upon behalf of which the person(cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is truq,aQd correct. WITNESS my h a o e N. DELPHENICH COMM. #2001526 °� Notary Public • California o Z . San Luis Obispo County Signature Comm. Ex fires Dec. 20 2016 State of California County of On , before me, personally appeared, Polyoomp Trust Company who 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/herttheir authorized capacity(es), 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 ESCROW NO.: 012194TITLE ORDER NO.: State of California County of San Luis Obispo On June 25, 2013 ACKNOWLEDGMENT before me, N Delphenich A Notary Public personally appeared Carol F. Hall • who 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and off' 'al seal. 9 N.' DELPHENICH Co... #2001526 z c �, Notary Public • California o i San Luis Obispo County S ature Comm. Tres Dec. 20.41A6 IQ (Seal) 0 • Beneficiaries Consent to Agreement Declaration of Lot Line Adjustment Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R. Hail and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ 1 100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "Agreement Declaration of Lot Line Adjustment; Quitclaim Deeds and Acceptance Thereof" (The "Agreement "). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property (i) shall be subordinate to the agreement and (ii) shall apply to the lot lines being adjusted rather than the former lot lines being superseded .by this Agreement. Date Beneficiary: Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Beneficiary: James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 6, 11 laryc Polycomp-Trust Company, Custodian FBO James C. Buttery IRA #PBJ 1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED CALIFORNIA ALL- PURPOSE CERTIFICA& OF ACKNOWLEDGOENT State of California County of On �—[V3 before me, �.11 1� �,1l Mt, RyL1�/V) �FUN l� Were mart name and title of the officbf) personally appeared C PNEA M UI{ who proved to me on the basis of satisfactory evidence w the persouKwhose nom subscribed to the within instrument and ac owledged to me that/y executed the same in • e authorized capacity(, and that by air slgnatureon the instrument the person(s), or the 'ty upon behalf of which the persons =x the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MELISSA K. COOK WITNESS my hand and official seal." ` Commission # 1861281 a f=rE Notary Public - California z Los Angeles County D My Comm. Expires Aug 15, 2013 Signature of Notary P61ic ADDITIONAL OPTIONAL, INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of aft&ed document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (ie) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other 2008 Version CAPA vl2.10.07 900 -M9865 www.NobryCinses.com INSTRUCTIONS FOR COMPLETING THIS FORM Arty =lbwwledgmesl aanpkW m Cal#b —a aural contain verbiage acidly as appears above m the ►rotary secam or a separate ackrrowladpiew form must be pmperry corrrpleted and anadred to flit docronent 77w oily em epaw is if a docranoW is to be recorded amide of Cah; forrca In such in==, any alterrar<ive admowled gmau verbiage as may be printed an such a doaouew so king as the verbiage does not rrgrdm the notary to do somed ft that is Illegal far a notary in Cahforrda (Le. aerlrfytra, dw audmriaad o*udty of the signer). Plane check the docwnew ca qWy for piper notarial warding and attach ddsfmm ifrrguired • State and County mSormation must be the State and County where the document signers) personally appeared before the notary public for acknowledgment. • Date of notaraation must be the date that the sigaer(s) lemonally apps which must also be the same date the wJcnowledgmmt is completed. • The notary public most print his or her name as it appears within his or her commission followed by a comma and then your tide (notary public} • Print the name(s) of document sigoer(s) who pawnally appear at the time of notarization. • Indi the correct singular or plural farms by crossing off inconect forms (Le. helsheM ey,– is late) or circling the correct forms. Failure to correctly mdkzte this infmmation may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover turd or lines. If seal impassion smudges, re-seal if a sufiaed area permits, otherwise complete a different admawledgment fiorm. • Stuatme of the notary public must match the s*oatiue on file with the office of the comity clerk. 4 Additional information is not required but could help to ensure this aclmowledgment is not misused or attached to a diffiarent docurn- • Indicate tide or type of attached dochmment, mmhber of pages and date. • Laciest$ the capac@y claimed by the signer. If the daimed capacity is a corporate officer, indicate the title (Le. CFA, CFO, Secretary). • Securely attach this document to the signed docummend n �J Beneficiaries Consent to Agreement Declaration of Lot Line Adjustment Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "Agreement Declaration of Lot Line Adjustment, Quitclaim Deeds and Acceptance Thereof" (The "Agreement "). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property (i) shall be subordinate to the agreement and (ii) shall apply to the lot lines being adjusted rather than the former lot lines being superseded by this Agreement. Date Beneficiary: Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Beneficiary: James R. Hall and Carol F. Hall, . Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ 1 100 Date Beneficiary: Paul C. Bunker and Diana U. bunKer Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED • • State of California County of San Lwis Obtrfo On TL*V ?.U. -P013 , before me, 161GU1e /1Vf,%f1 6t105 , personally appeared, Paul C. Bunker and Diana. G. Bunker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) j9/are subscribed to the within instrument and acknowledged to me that hakske /they executed the same in 4*~their authorized capacity(ies), and that by W~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sign re State of California County of 14P DIANE MADELYN ENOS COMM. # 1977199 NOTARY PUBLIC -CALIFORNIA V! SAN LUIS OBISPO COUNTY MY Comm. ESP. JUNE 1, 2016 On , before me, personally appeared, Charles L. Senn who 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 authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of On , before me, personally appeared; Marie Elise Pope who 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0 • Beneficiaries Consent to Agreement Declaration of Lot Line Adjustment Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "Agreement Declaration of Lot Line Adjustment, Quitclaim Deeds and Acceptance Thereof" (The "Agreement "). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property (i) shall be subordinate to the agreement and (ii) shall apply to the lot lines being adjusted rather than the former lot lines being superseded by this Agreement. Date Beneficiary: Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Beneficiary: James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ 1100. Date Beneficiary: Paul C. Bunker and Diana G. Bunker Da a Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Itor Profit Sharing Plan Date Beneficiary: Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED State of California County of On , before me, , personally appeared, Paul C. Bunker and Diana G. Bunker who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature CHAD T. KAM C MOFCN FEEWA �p OI IN MUM OFO� ppZW q On before me, (2-hu QCs L periWnally Appeanid, Charles L. Senn who 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 authorized capacity, and that by his signature on the instrument the person,. or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of rGelifortrin that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r:. Signatur State of California } County of } On , before me, , personally appeared, Marie Elise Pope who 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature • • Beneficiaries Consent to Agreement Declaration of Lot Line Adjustment Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992, James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994, Polycomp Trust Company, 'Custodian FBO James C. Buttery IRA #PBJ1100, Paul C. Bunker and Diana G. Bunker, Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan and Marie Elise Pope, Trustee of the Marie Elise Pope Trust dated February 15, 2005 are the Beneficiaries under Deed of Trust dated December 15, 2012, recorded December 28, 2012 as Instrument Number 2012076715 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "Agreement Declaration of Lot Line Adjustment, Quitclaim Deeds and Acceptance Thereof" (The "Agreement "). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property (i) shall be subordinate to the agreement and (ii) shall apply to the lot lines being adjusted rather than the former lot lines being superseded by this Agreement. Date Beneficiary: Dale E. Oesterling and June K. Oesterling, Trustees of the Oesterling Family Trust dated June 19, 1992 Date Beneficiary: James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust dated April 12, 1994 Date Beneficiary: Polycomp Trust Company, Custodian FBO James C. Buttery IRA #PBJ 1100 Date Beneficiary: Paul C. Bunker and Diana G. Bunker Date Beneficiary: Charles L. Senn, Trustee of the Charles L. Senn Realtor Profit Sharing Plan -7-1- 13 ti S L-6 Date Beneficiary: Marie Elise Pope, V Trustee of the Marie Elise Pope Trust dated February 15, 2005 ALL SIGNATURES MUST BE NOTARIZED • • State of California County of On , before me, personally appeared, Paul C. Bunker and Diana G. Bunker who 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. I certify under PENALTY OF PERJURY under the laws of the State of -California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County of On , before me, personally appeared, Charles L. Senn who 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 authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature State of California County ofS`../Ivcs 6'XPV On .� v / / �% ,before me, Y 1 e t�� personally dppearid, Marie Elise Pope who 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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES my hand fficial al. y VICKI S. BROWN Signature , a . COMM. #1865611 > NOTARY PUBLIC -CALIFORNIA Q m SAN LUIS OBISPO COUNTY rn IF a ;; My Comm. Expires SEPT. 23, 2013 EXHIBIT "A" Existing Owner's Parcels LEGAL DESCRIPTION Order Number. 4001- 4378014 Page Number: 6 Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: PARCEL A: (APN: 004 -961 -084) PARCEL 1 OF PARCEL MAP SLO -91 -023 IN THE CITY OF SAN LUIS OBISPO, COUNTY, SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED SEPTEMBER 5, 1991 IN BOOK 48, PAGE 63 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: (APN: 004 - 961 -085) PARCEL 2 OF PARCEL MAP NO. SLO -91 -023 IN THE CITY OF SAN LUIS OBISPO, COUNTY OF. SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED SEPTEMBER 5, 1991 IN BOOK 48, PAGE 63 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: An easement for private residential driveway over that portion of the southwest quarter of the southeast quarter of section 36; Township 30 South, Range 12 East Mount Diablo Meridian, in the city of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat of said land approved by the Surveyor General, November 30, 1867, described as follows: Beginning at the most westerly corner of Lot 4 in Block C of Tract No. 106, as shown on map recorded in Book 6, Page 33 of Maps in the office of the county recorder said county; thence along the southwesterly line of said lot South 590 20' East 132.67 feet; thence South 14 055' West 62.22 feet. thence North 590 20' West 69.68; thence South 300 40' West 8.00 feet to the true point of beginning; thence North 581 16' West 79.90 feet to the southwesterly prolongation of the northwesterly line of said Lot 4; thence along said northwesterly prolongation, South 300 40' west 8.00 feet thence South 58 016' East 79.90 feet to the line bearing South 300 40' West from the true point of beginning; thence North 300 40' east 8.00 feet to the true point of beginning. Parcel C above is appurtenant to and for the benefit of Parcel B described above. PARCEL D: (APN: 004961 -077) PARCEL A OF PARCEL MAP SLO -72 -279, IN THE CITY OF SAN LUIS OBISPO,. COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED DECEMBER 8, 1972 IN BOOK 10 AT PAGE 20 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. First American Title • May 8, 2013 Laurel Lane Investments, LLC 865 Aerovista, Suite 130 San Luis Obispo, CA 93401 SUBJECT: Lot Line Adjustment LLA 47 -13 (SLAL 13 -0027) 1309 Richard Street Gentlemen: After reviewing the information presented for your lot line adjustment request to allow for reconfiguration of three existing lots that are under common ownership, I approved your request on May 7, 2013, based on the following findings and subject to the following conditions: findin 1. The project is consistent with the General Plan because existing land uses are allowed within the applicable primary zoning districts. 2. As conditioned, the lot line adjustment is consistent with the Gity's Zoning Regulations and Building Code, and complies with the City's Subdivision Regulations and the State Subdivision Map Act because it will not create a greater number of lots than originally existed and the resulting parcels meet the minimum requirements for lot area and dimensions in the R -1 and C -N zones. 3. The proposed lot line adjustment is exempt from environmental review (Class 5, Section 15305a CEQA Guidelines) as a minor lot line adjustment .not resulting in the creation of any new parcel._ CondMons Public Works Department 1. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment agreement. An application and review fee shall be submitted to the Public Works Department for processing. If the agreement is pursued, the applicant shall submit a "Declaration of Lot Line Adjustment," along with recording and processing fees and an 8% x 11 map exhibit suitable for recording, to the Public Works Director for review, approval, and recordation, based on samples available in the Community Development Department. QNThe City of San Luis Obispo is commitad to Include the disabled in all of its services, programs and acMdes. , Telecomrrnmications Dovicc for the Deal i8011 M-7410. LLA 4743 (1309 Richard Street) Page 2 2. The parcel map or lot line adjustment agreement exhibits and legal descriptions shall be prepared by a California Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. 3. A beneficiary consent to LLA shall be recorded concurrent with or prior to recordation of the LLA. 4. A separate exhibit showing all existing and proposed public and /or private utilities and improvements shall be approved to the satisfaction of the Community Development Director and Public Works Director prior to recordation of the LLA. The site /utility plan shall include drainage and circulation improvements, water, sewer, storm drains, gas, electricity, telephone, cable N, and any utility company meters for each parcel if applicable. Any utility relocations shall be completed with proper permits and receive final inspection approvals prior to recordation of the LLA. Otherwise, easements shall be prepared and recorded to the satisfaction of the Community Development Director, Public Works Director, and serving utility companies. 6. A separate exhibit showing all- existing and proposed easements shall be provided to the City for review and approval prior to recordation of the LLA. The exhibit shall include all details of the existing site improvements, utilities, pavement areas, fencing, landscape areas, and existing neighboring improvements such as garages and fences that may be affected by said easements. The exhibit shall clarify whether any access or yard easement is proposed for the benefit of Parcel 3 and the existing basement garagelstorage area. 6. As proposed by the applicant, a common driveway or similar agreement shall be recorded between proposed Parcels 2 and 3 in conjunction with the recordation of the LLA. My decision is final unless appealed to the Planning Commission within 10 days of the action. Any person aggrieved by the decision may file an appeal. Appeal forms are available in the City Clerk's office or on the City's website (www.slocity.org). The fee for filing an appeal is $268 and must accompany the appeal documentation. Failure to complete the above conditions within two years from the approval of the lot line adjustment map, or extensions thereof, granted by the City shall terminate all proceedings and the lot line adjustment map shall be null and void. If you have any questions, please call Marcus Carloni at (805) 781 -7176. Sincerely, Doug Davidson, AICP Deputy Community Development Director Development Review LLA 47 -13 (1309 Richard Street) Page 3 *NOTE: It is advisable that you have the City's Engineering Division review the agreement form prior to obtaining signatures to*ensure the document is complete and contains all information required for recording. if you have any questions regarding this agreement, call Hal Hannula at (805) 781 -7241. Attachment: Sample Agreement cc: SLO County Assessor's Office Triad /Holmes Assoc. 555 Chorro Street, Suite Al San Luis Obispo, CA 93445 • EXHIBIT "C -1" Legal Description for Parcel 1, LLA 47 -13 • 6/4/13 CF Parcel A of Parcel Map SLO -72 -279, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded December 8, 1972 in Book 10 at Page 20 of Parcel Maps, in the office of the County Recorder of said County. TOGETHER WITH Parcel 1 of Parcel Map SLO -91 -023, in said City of San Luis Obispo, according to map recorded September 5, 1991 in Book 48 at Page 63 of Parcel Maps, in the office of said County Recorder. Containing: 2.23 acres more or less. LMD Legal Description prepared by or under the Supervision of: �c,� oQ` ,P•� Fo 46 d}9 NM SMS °F Cristi E. Fry / L.S. 8356 Page 1 of 1 \1THAM\ \VauhU0BS111.006181Legal Descripaons\618 Panel l_Gidoc i APN(S): 004 - 961 -077; 004 - 961 -084; 004 - 961 -085 PROJECT NO: LLA 47 -13 T 13MIM Exbu it Map GRAPHIC SCALE 0 40 w ( IN FEET 1 inch - 80 M / a h � R /CyARD N S�FE"T 5 3 v EMSANG LOT LINE TO REMAIN v J pord r.3 s 4$ l PARCEL 1 LLA 47 -13 m EX/SANG LOT UNE Davo Q NORTHERL Y LINE OF PARCEL Z PM SLO 91 -023 Z PARCEL 3 Qarce (,3 LLA 47 -13 h$ Q NEW LOT UNE CREATED PARCEL ,2 LLA 47 -13 hLD 555 chorro aL suite at SAN WIS 081SP0. ea 91405 g� f 3 e —ma0 -7 sbOtlfa6m.eam SOUAIERL Y UN£ OF PARCEL Z PM SLO 91 -023 0 EXHIBIT "D -1" Legal Description for Parcel 2, LLA 47 -13 • 6/5/13 CF That portion of Parcel 2 of Parcel Map SLO -91 -023, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded September 5, 1991 in Book 48 at Page 63 of Parcel Maps, in the office of the County Recorder of said County, more particularly described as follows: Beginning at the most northwest corner of said Parcel 2, being a point in a 74 foot radius curve, concave northerly, in the southerly line of Richard Street through which a radial line bears South 23 °16' West; thence along the westerly line of said Parcel 2 the following courses: 1) South 7°54'19" West 16.94 feet; 2) South 59 °55'50" East 63.51 feet: 3) South 24 °39'56" East 25.36 feet 4) South 17 °29'32" West 32.39 feet 5) South 11 °58'03" West 49.48 feet 6) South 5 °11'10" West 40.44 feet 7) South 7 °46'01" East 62.71 feet 8) South 25 °52'09" East 20.00 feet to the southwest comer of said Parcel 2; thence along the southerly line of said Parcel 2 North 64 °07'51" East 60.00 feet to an angle point; thence continuing along said southerly line North 691119'44" East 84.30 feet; thence leaving said southerly line North 58 °00'27" West 117.65 feet: thence North 17 °10'19" West 25.26 feet; thence North 32 °36'01" East 54.38 feet; thence North 13 °21'52" West 29.72 feet to a point on a line parallel with and distant southwesterly 20.00 feet measured at right angles from the northerly line of said Parcel 2; thence along said parallel line North 58 °21'52" West 66.36 feet to point on a line parallel with and distant southwesterly 35.00 feet measured at right angles from said northerly line of said Parcel 2; thence along said parallel line North 27 °59'34" West 16.18 feet to a point on said northerly line and said 74 foot radius curve in said southerly line of Richard Street through which a radial line bears South 8 °55'30" East; thence southwesterly 41.58 feet along said curve through a central angle of 32 °l 1'30" to the point of beginning. Containing: 16,760 square feet more or less Legal Description .prepared by or under the LAND Superv' n of: %10t 13 * * Crfsti E. Fry L.S. 83 d} NO. 8356 �P 9 OF Cra-�F Page 1 of 1 MTHASEMAVaultUOBSU 1.00618\Legal DescriptionsW18 Parcel 2 D-Ldoc L� APN(S): 004961 -077; 004 - 961-084; 004961 -085 PROJECT NO: LLA 47 -13 3 WON Exhibit Map GRAPHIC SCALE 0 40 90 ( IN FEET ) 1 inch = 80 M 411 I � h � R /CyARD ;� SIREET � P.0.8. 38' �cr / vEX/ST/NG LOT UNE TO REMAIN—s., J P6P 3 � 6 Q 4$ v l PARCEL .1 LLA 47 -13 JDaSANG LOT L /NE DELVED U NOR THERL Y UNE OF PARCEL 2, PM SLO 91 -023 Z PARCEL 3 Qor, 63 LLA 47 -13 413 LOT UNE CREATED PARCEL 2 LLA 47 -13 0 r Lo PN aiad/ho m aisoc 555 chorro s!. suits al SAN was OMSPO. co 93405 g phone 844-9808 . iox 844 -8932 s—man obOBminc oom LAND 0. 8356 q OF -710 r3 SOUMERL Y UNE OF PARCEL 2 PM SLO 91 -023 6/5/13 CF EXHIBIT "E-1" Legal Description for Parcel 3. LLA 47 -13 Parcel 2 of Parcel Map SLO -91 -023, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded September 5, 1991 in Book 48 at Page 63 of Parcel Maps, in the office of the County Recorder of said County. EXCEPT TBEREFROM that portion of Parcel 2 of Parcel Map SLO -91 -023, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded September 5, 1991 in Book 48 at Page 63 of Parcel Maps, in the office of the County Recorder of said County, more particularly described as follows: Beginning at the most northwest corner of said Parcel 2, being a point in a 74 foot radius curve, concave northerly, in the southerly line of Richard Street through which a radial line bears South 23 °16' West; thence along the westerly line of said Parcel 2 the following courses: 1) South 7 °54'19" West 16.94 feet; 2) South 59 °55'50" East 63.51 feet: 3) South 24 039'56" East 25.36 feet 4) South 17 °29'32" West 32.39 feet 5) South 11 °58'03" West 49.48 feet 6) South 5 °11'10" West 40.44 feet 7) South 7 °46'01" East 62.71 feet 8) South 25 °52'09" East 20.00 feet to the southwest corner of said Parcel 2; thence along the southerly line of said Parcel 2 North 64 °07'51" East 60.00 feet to an angle point; thence continuing along said southerly line North 69 °19'44" East 84.30 feet; thence leaving said southerly line North 58 °00'27" West 117.65 feet; thence North 17 °10'19" West 25.26 feet; thence North 32 036'01" East 54.38 feet; thence North 13 °21'52" West 29.72 feet to a point on a line parallel with and distant southwesterly 20.00 feet measured at right angles from the northerly line of said Parcel 2; thence along said parallel line North 58 °21'52" West 6636 feet to point on a line parallel with and distant southwesterly 35.00 feet measured at right angles from said northerly line of said Parcel 2; thence along said parallel line North 27 °59'34" West 16.18 feet to a point on said northerly line and said 74 foot radius curve in said southerly line of Richard Street through which a radial line bears South 8 055'30" East; thence southwesterly 41.58 feet along said curve through a central angle of 32 °11'30" to the point of beginning. Containing: 32,027 square feet more or less LAND Legal D cription prepared by or under the AN Supe 1 on of * * Crist E. Fry L.S. 8356 J) NO 8356 9 OF CAL. Page 1 of 1 \\THASERV\VauitU0Ml 1.00618U egal Descriptions1618 Parcel 3 E-l.doc 0 APN(S): 004 - 961 -077; 004 - 961 -064; 004-961 -085_ PROJECT NO: ILA 47 -13 i*�4 Exhibit Map GRAPHIC SCALE 0 40 80 ( IN FEET } 1 inch = 80 ft. i ti S7IPEET J P. B. / 8�• 38• �l EUSANG LOT UNE Tip REmwm W � 1 J porgy 63 v a0 l PARCEL 1 LLA 47 -13 �EXISANG LOT UNE DELETED 0 NOR THERL Y UNE OF PARCEL 2, PM SLO 91 -023 2 PARCEL 3 Qo ?. 63 LLA 47 -13 48 LOT LINE CREATED PARCEL 2 LLA 47 -13 Por PM 2° h Mod/hdm amm 555 ahcrTo xL nurm o1 rh ws ono. � e3405 -7 3X IS3 �m°il d°OtlwLms°m SOUTHENL Y UNE OF PARCEL 2, PM SLO 91 -023 END OF DOCUMENT