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HomeMy WebLinkAboutD-206 Palm & Osos Sts Recorded 01/07/1946i f GRANT DEED In consAderation of $10, receipt of which is hereby acknowledged_, SAN LUIS OBISPO THEATRES, INC.., a corporation, does hereby grant to CITY OF -SAN LUIS OBISPO, a municipal cor- poration, the following described real property, to wit: .., That portion of Block 19, in the City (yy of San Luis Obispo, County of San Luis - Obispo, State of California, described v+ as follows: Beginning at the intersection of the t; southwesterly line of Osos Street with " a the northwesterly line of Palm Street IQ � and running thence northwesterly along said line of Osos Street, 300 feet to ' the southeasterly line of Mill Street; a' a thence along said line of Mill Street southwesterly 143.83 feet; thence at - V right angles southeasterly 150 feet; 1 ' thence at right angles southir'esterly 3 thence at right angles "� > 3.83 feet; '. IQQI; southeasterly 150 feet to -the north- westerly line of Palm Street; thence - ` �; northeasterly along said line of Palm } Street 177.67 feet to the point of ®� ®® beginning; SUBJECT to the following covenants, restrictions and condi- tions which shall operate as conditions subsequent and shall run with the land and shall inure to the benefit of and bind, as the case may be, the successors and assigns of Grantor and the successors and assigns of Grantee, to wit: (1) That within 5 days after the making of a tender of payment of $14,500 to Grantee, its successors or assigns, the real property hereinabove described shall be conveyed to Grantor, its successors or assigns, free and clear of all covenants, conditions, restrictions, reservations, rights of /J�2o� way, easements, rights, liens and encumbrances and other defects except the lien of current taxes: (a) If prior to January 1, 1951 said real property, or any part thereof, is used for any purpose other than a city hall building for execu- tive and administrative offices of the City of San Luis Obispo or the County of San Luis Obispo or the State of California, or the United States of America and their several respective departments, divisions and agencies; or (b) If the construction of a city hall building designed for the purposes mentioned in subparagraph (a) has not been commenced upon said real property before January 1, 1951; and (2) That upon the commencement of the actual construction upon said real property of a city hall building, designed for the purposes mentioned in subparagraph (a), each and all of the covenants, conditions and restrictions in this deed contained shall automatically terminate and the Grantor, its successors and assigns, shall thereupon execute and deliver to Grantee, its successors and assigns, a Quitclaim Deed of all of the right, title and interest of Grantor, its successors and assigns, in and to said real property., TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, forever. IN WITNESS.17HEREOF, Grantor has hereunto subscribed its corporate name and affixed its corporate seal this 14th day of December, 1945. BAN L S BISPO AT ll INC. ATTEST: i Vice President Secretary ; STATE OF CALIFORNIA, ) )) ss. County of Los Angeles Doror�ONTHIS 14th day of December, 1945, before , Hazes , a Notary Public in and for said County and State, personally appeared JOHN B. Bn;RTXRO , known to me to be the Vice President, and T. H. RwnRn , known to me to be the Secretary of SAN LUIS OBISPO THEATRES., INC., the corporation that executed the within instrument, known to me to.be the persons who executed the within instrument on behalf of the corporation herein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Cam! Notary Publie in and f said Coun and Stat . My Commis;:cn Expires August 24, 1947. •d AGREEMENT AMENDING COVENANTS, RESTRICTIONS AND CONDITIONS OF GRANT DEED THIS AGREEMENT, made and entered into this 12th day of November, 1948, by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as "City," and SAN LUIS. OBISPO THEATRES, INC., a corporation, hereinafter referred to as "Theatres "; W I T N E S S E T H: WHEREAS, by_Grant.Deed executed by Theatres under date of December 14, 1945, and accepted by City by Resolution adopted by the City Council of City on January 7, 1946, which Grant Deed was recorded on January 18, 1946, in Book 384, page 285, of Official Records in the Office of the County Recorder of the County of San Luis Obispo, State of California, Theatres conveyed to City fee title to the following described real property, to wit: That portion of Block 19, in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Beginning at the intersection of the south- westerly line of Osos Street with the north- westerly line of Palm Street and running thence northwesterly along said line of Osos Street, 300 feet to the southeasterly line of Mill Street; thence along said line of Mill Street southwesterly 143.83 feet; thence at right angles southeasterly 150 feet; thence at right angles southwesterly 33.83 feet; thence at right angles southeasterly 150 feet to the northwesterly line of Palm Street; thence northeasterly along said line of Palm Street 177.67 feet to the point of beginning; subject to certain covenants, restrictions, and conditions set forth in the numbered paragraphs (1), (1) (a), and (1) (b) of said Grant Deed of December 14, 1945, reading as follows, to wit: ., . "(1) That within 5 days after the making of a tender of payment of $14,500 to Grantee, its successors or assigns, the real property hereinabove described shall be conveyed to Grantor, its successors or assigns, free and clear of all covenants, conditions, restrictions, reservations, rights of way, easements, rights, liens and encumbrances and other defects except the lien of current taxes: "(a) If prior to January 1, 1951 said real property, or any part thereof, is used for any purpose other than a city hall building for execu- tive and administrative offices of the City of San Luis Obispo or the County of San Luis Obispo or the State of California, or the United States of America and their several respective departments, divisions and agencies; or . "(b) If the construction of a city hall building designed for the purposes mentioned in subparagraph (a) has not been commenced upon said real property before January 1, 1951;" and WHEREAS, City and Theatres have agreed to amend the covenants, restrictions, and conditions, above quoted, primarily for the purpose of extending the time within which City must commence construction of a city hall building upon the real property above described; NOW, THEREFORE, in consideration of the premises, and of the sum of $1.00 paid by the City to Theatres, receipt of which is hereby acknowledged, it is hereby agreed as follows: THAT the date "January 1, 1951" appearing in numbered paragraph (1) (a) of said Grant Deed, and the date "January 1, 1951" appearing in numbered paragraph (1) (b) of said Grant Deed shall be, and each of them is hereby changed, effective immediately - 2 - upon the execution of this agreement, to the date "January 1, 1953" so that said numbered paragraphs (1), (1) (a), and (1) (b) shall be and are hereby amended to read as follows: "(1) That within 5 days after the making of a tender of payment of $14,500 to Grantee, its successors or assigns, the real property hereinabove described shall be conveyed to Grantor, its successors or assigns, free and clear of all covenants, conditions, restrictions, reservations, rights of way, easements, rights, liens and encumbrances and other defects except the lien of current taxes: "(a) If prior to January 1, 1953, said real property, or any part thereof, is used for any purpose other than a city hall building for execu- tive and administrative offices of the City of San Luis Obispo or the County of San Luis Obispo or the State of California, or the United States of America and their several respective departments, divisions, and agencies; or "(b) If the construction of a city hall building designed for•the purposes mentioned in subparagraph (a) has not been commenced upon said real property before January 1, 195?;" IN WITNESS WHEREOF, the parties hereto have executed the foregoing Agreement as of the date first above written. CITY OF BAN —LUIS OBISPO 0 Attes r e SAN LU HEATRES, INC. By Vic /e /Prreesi t By St�cf "6tary - 3 - STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this day of November, 1948, before me, a Notary Public in and for the said County and State, personally appeared L. ROSENBERG, known to me to be the Vice President, and T. H. SWORD, known to me to be the Secretary of SAN LUIS OBISPO THEATRES, INC., the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me. that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Pu c an or s i County d State. My Conmissicn Expire; A_3usi 24, 195P, - 4 - br P -118 52047 25M - - Calitomia,t=d Trap Amodation Standard Form sad 6-2147 Copyright ,1947 AMOUNT $ 14, 500..00 PREMIUM $ 57.50 NUMBER. 22354 —SLG Policy o Ii a Wutance SCOFitg title InSURancnMaSuapanteu company a California Corporation, herein called the Company, for a valuable consideration paid for this Policy of Title Insurance 'Does 8epft Insure CITY OF SAID LUIS OBISPO; a Municipal Corporation, together with each successor in ownership of any indebtedness secured by any mortgage or deed of trust shown in Schedule C the owner of which is named as an insured and any such owner or successor in ownership of any such indebtedness who acquires the land described in Schedule B, or any part thereof, by lawful means in satisfaction of said indebtedness or any part thereof, any federal agency or instrumentality acquiring said land under an insurance contract or guaranty insuring or guaranteeing said indebtedness or any part thereof, and any person or, corporation deriving an estate or interest in said land, as an heir or devisee of a named insured, or by reason of the dissolution, merger, or consolidation of a corporate named insured, against loss or damage not exceeding— — — — — — - - - - - - - FOURTEEN THOUSAND FIVE HUNDRED AND 00 /100 - - - - - - dollars, which the insured shall sustain by reason of title to the land described in Schedule B being vested, at the date hereof, otherwise than as herein stated; or by reason of unmarketability of the title of any vestee to said land, at the date hereof, unless such unmarketa- bility exists because of defects, liens, encumbrances, or other matters shown in Schedule C; or by reason of any defect in, or lien or encumbrance on said title, existing at the date hereof, not shown in Sched- ule C; or by reason of any defect in the execution of any mortgage or deed of trust shown. in Schedule C securing an indebtedness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or by reason of priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in Schedule C; all subject, however, to Schedules A, B, C, and D, and the stipulations herein, all of which schedules and stipulations are hereby made a part of this policy. In ]llitness 19hut►eof, Security Title Insurance and Guarantee Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, this 18th day of January, 1946, at 9:10 o'clock A.M. Secui:R9 title lnsurancc and Guarantee company By � President. Attest: 4,2G _ /a! Assistant Secretary'. P- 118 -A -B -C 10 -2147 40M SCHEDULE A . The title to said land is at the date hereof vested in CITY OF SAN LUIS OBISPO; a Municipal Corporation, SCHEDULES B and C Description of the land, title to which is insured by this policy; designated hereafter as `B." Liens and encumbrances to which said title is subject, shown in the order of their priority, and defects and other matters to which said title is subject; designated hereafter as "C." "Bee That portion of Block Nineteen (19) of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Beginning at the intersection of the Southwesterly line of Osos Street with the Northwesterly line of Palm Street and running thence North- westerly along said line of Osos Street, 300 feet to the Southeasterly line of Islill Street; thence along said line of Mill Street Southwesterly 143.83 feet; thence at right angles Southeasterly 150 feet; thence at right angles Southwesterly 33.83 feet; thence at right angles South- easterly 150 feet to the Northwesterly line'of Palm Street; thence North- easterly along said line of Palm Street 177.67 feet to the point of beginning. nC11 1. Conditions, restrictions and reservations covering said property as contained in the Deed executed by San Luis Obispo Theatres, Inc., a corporation, dated December 14, 1945 and filed for record January 18, 1946, under Recorder's Series No. 700, in the office of the County Re- corder of said County. I�. N RESOLUTION No. 756 (Yew Series) A RESOLUTION ACCEPTI19G A DEED FROM SAN LUIS OBISPO THEATRES, INO., BE IT RESOLVED by the Council of the City 'of San Luis Obispo as follows: That that certain deed dated December. 14, 1945 made and executed by SAN LUIS OBISPO THEATRES, INC., and conveying to.the - City of San Luis Obispo the following described real property, to -wit: That portion of Block 199 in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Beginning at the intersection of the South- westerly line of Osos Street with the north- westerly line of Palm Street and running thence northwesterly along said line of Osos Street, 300.feet to the Southeasterly line of Mill Street; thence along said line of Mill Street southwesterly 143.83 feet; thence at right angles southeasterly 150 feet; thence at right angles southwesterly 33.83 feet; thence at right angles southeasterly 150 feet to the northwesterly line of Palm Street; thence northeasterly along said line of Palm Street 177.67 'feet to the point of beginning; be and the same is hereby accepted by the City of San Luis Obispo; and the City Clerk is hereby directed to cause said deed to be recorded in the office of the County.Recorder of the County of San Luis Obispo, State of California. PASSED AND ADOPTED this 7th day of. January, 19469 by the following vote: AYES: G.PI.Baker,F.L.Gist, R.P.Howell,Ralph C.Kennedy,Clyde T. O'Nan ROSS: None ABSENT: None ATT] A RESOUT ION "AGREEIMT DITIONS OR ' AN, f- RESOLUTION No, SL (Nears Series) ACCEPTING THAT CERTAIN CONTRACT E13TITLED A, -TDING COVuNANTS, RESTRICTIONS AYD CON - GRANT DEED ", BE IT.RLSOLVED by the Council of the City of San Luis Obispo as follovis: That that certain contract entitled. "AGREELMIT AI:HiMUTC, COINERANTS, RESTRICTIONS AND CONDITIONS OF GRAFT DEED ", dated November 12, 1948, and between the City of San Luis Obispo, • mu4icipal corporation, and the San Luis Obispo Theatres, Inc., • corporation, be and the sane is hereby accepted by the City of San Luis Obispo; and BE IT FURTHLLR RESOLVED that the Mayor of the City of San Luis Obispo be, and he is hereby, authorized to executed said contract for and on behalf of said City, which execu- tion shall be attested by the City Clerk; and BE IT FURTHER RESOLVED that the sum of $1.00 be paid to said San Luis Obispo Theatres Inc. from the General Fund of said City; and BE IT.FURTHER RESOLVED that the City Clerk be, and he is hereby, directed to cause said contract to be recorded in the office of the County Recorder of the County of San Luis Obispo, State of California, PASSED A10 ADOiTED this 20th day of December, 1948, by the following vote: AYES: G.I.Bakera'.m.0.Ha11, R. R. Howell, Timothy I, O'Reilly NOES: Kone ABSENT: ' <linP r'iliiams ATTEST: City Clerk. I January 21, 1946. Mr. J. E. Brown, City Hall, San Luis Obispo, Dear -Mr. Brown. City Clerk, California. Our No.22354 SAN LUIS OBISPO OFFICERS J. E. MCCLURE. VICE .x EBIDE.T AND .....M OLIVE C. KETCHUM, vice PAEB. AND AM, sECT. M. JANNETTE LEUT,. ABET. s[cY. KATHLEEN E. SHIPSEY, ASST. BECY. In connection with the purchase,by the City, of the property of the San Luis Obispo Theatres, Inc., we enclose our Policy of Title Insurance, together with a statement of w57.20, being the amount to be paid by the City. The recorded deed will be mailed directly to you by the County Recorder, and should reach you some time within the next three weeks. Yours truly, Encl.2. J. E. MCCLURE, JEPri /T . Manager. OFFICES: v.a..nm P.uxD LD. AxcnEA .nm.. .rvLA.B. ..B Lu...... PD M.xA.... VISALIA EL CENTNO A.M.0 MAO[RA .ODLBTO GAR BERNARDINO BANTA ANA STOCNTOR r_ GENERAL OFFICERS �\ �=�y WM. S. PORTER, RREWCENT AND GEN. MANAMA JAS. P. FORD, viC[ RvExlDFxi -'�L' S�FCU VII -T�_ t�'----T=•xG�-��II'��'��IILL pELDOV[ R. S. PADGET, vice A ... 1.ENT _�,�. _ GT a3 FF//aGG.. L s E. Al. MCCARDLE, vice xxplD[xT JOHN L. PRINCE, VICE PRUIDENT WM. H. B. HAYMOND, B[OT.... OCR. COONBEL 1119 CHORRO STREET BESSIE L. PETERS, TR AURM ADDRESS ALL COMMUNICATIONS TO P. O. BOX 202 TELEPHONE 1015 uiB 1!t hisjur, (galffornia I January 21, 1946. Mr. J. E. Brown, City Hall, San Luis Obispo, Dear -Mr. Brown. City Clerk, California. Our No.22354 SAN LUIS OBISPO OFFICERS J. E. MCCLURE. VICE .x EBIDE.T AND .....M OLIVE C. KETCHUM, vice PAEB. AND AM, sECT. M. JANNETTE LEUT,. ABET. s[cY. KATHLEEN E. SHIPSEY, ASST. BECY. In connection with the purchase,by the City, of the property of the San Luis Obispo Theatres, Inc., we enclose our Policy of Title Insurance, together with a statement of w57.20, being the amount to be paid by the City. The recorded deed will be mailed directly to you by the County Recorder, and should reach you some time within the next three weeks. Yours truly, Encl.2. J. E. MCCLURE, JEPri /T . Manager. OFFICES: v.a..nm P.uxD LD. AxcnEA .nm.. .rvLA.B. ..B Lu...... PD M.xA.... VISALIA EL CENTNO A.M.0 MAO[RA .ODLBTO GAR BERNARDINO BANTA ANA STOCNTOR OLUTION NO. 829 (New S es). A RESOLUTION ACCEPTING THE OFFER OF MAINO CONSTRUCTION COMPANY 70 RENT ON A TEMPORARY BASIS FOR STORAGE OF MATERIALS THE NORTHWEST PORTION OF THE CITYIS PROPERTY LOCATED BETWEEN PALM AND MILL STREETS AND ADJACENT TO OSOS STREET. BE IT RESOLVED by the Council of San Luis Obispo as follows: That pursuant to the offer made by the Maino Construction Company, the City hereby accepts said offer and agrees to rent, on a temporary basis, for the purpose of storing materials by the Maino Construction Company during the construction by it of a building for the Pacific Telephone & Telegraph Company, the Northwest portion of that certain parcel.of real property owned by the City and located between Mill and Palm Streets and adjacent to Osos Street, at a nx mthly rental of $40.00 per month, to be due and payable monthly in advance; and BE IT FURTHER RESOLVED that said rental of said premises to said Maino Construction Company by the City may be terminated upon the giving of thirty days' written notice by either party, with said property to be restored to its original condition by the Maino Construction Company. PASSED AND ADOPTED this _ 19_ day of January, 1948, by the following vote: AYES r . W. RakerlWm. 0. Half R. P. Howelle T monhv_ -I.0' Rei1lvoKline Williams HOES None ABSENT: None Attes Mayor / -- ity Clerk \ �•R February 39 1949, Hr. Lou Rosenberg# c/o Fremont Theatre, 1035 Monterey Street p San Luis Obispoj, California Dear Lou: Attached for your files.. is jointly executed duplicate Agreement amending restrictions and conditions of Grant Deed to. gether with Certified Copy of Resolution No. 866 (New Series) coveting acceptance by the City of San Luis Obispo. This Agreement was recorded December-29thj, 1949 in Volume #502 Page 19 of Official Recordsq San Luis Obispo County, State of California. Yours very tru3y9 City Clerk "EaX ✓EST C67-ST AGENCY CORPORATION EXECUTIVE OFFICES 1609 WEST WASHINGTON BOULEVARD CHARLES P.SKOURAS.PPE9i0ENr LOS .ANGELES 7 CALIFORNIA JOHN B.BER'I-ERO.,CE PRESiP CNT GEORGE TOPPt..R.TREASURCR T. H. SWORD. SECRETARY LAURENCE A.PETEPS.ASST SCCRETARY November 26, 19+8 Mr. Lou Rosenberg c/o Fremont Theatre 1035 Monterey Street San Luis Obispo, California Dear Lou: Enclosed is the agreement amending our Deed to the City of the Palm Street Auto Park, which has been executed with the slight change requested by the City Attorney. J I believe the agreement._should.be- accepted by resolution of the-City Council and a certified copy r on�.r.e_cord,ed- .w,ith the .agreement. of the , r�es,oluti ^,... Will you be kind enough to let me have a copy of the resolution and .the date, book, and page of recording when that information is available to you. I enclose _wa••- �ph-o'toc s'tat-ic ,Zopy of the agreement for your file Best regards. d d,r ,,.,_•�' " Sincerely, THS:fh Enclosures T. H. 5word 11f7 Fc 1I EST t-OAST AGENCY C "URPORATION d"'�-4 EXECUTIVE OFFICES 1609 'WEST WASF-INGTON BOULE'•.'a9D- CHARLEJ P.S-. OU PAS. ww E S i o IN T LOS ANGELES 7, CALIFORNIA JJHN B. BERTERO. v.cc wwc®io ENT G=ORGE TOPPER.T.C.S cw T. H. SWORD. SECwETnwr J LAURENCE A. F ETERS, •s9 i. SEC wEraw• January 14, 1948 City of San Luis Obispo City Hall San Luis Obispo California Gentlemen: This will confirm our agreement that the rental of the real property conveyed to you by us, by Grant Deed dated December 14, 1945, for the temporary storage of materials by Maino Construction Co. during the construction-by it of a building for Pacific Telephone and Tele- graph Company, will not be a violation of the conditions and restrictions set forth in said Grant Deed of December 14, 1945• Very truly yours, SAN LUIS OBISP9,�ATRES, INC. _ � - �� �� }V r s _ �' �_ • � � � - ... �� �� }V r s DEED OF Ei SE'�T..t T n ,ME CITY OF SAN LUIS OBISPO, a Municipal Corporation, as Grantor, hereby grants to the COUNTY OF SAN LUIS OBISPOs a Subdivision of the States as Grantee., an easement for streets water, severs drainages and other similar public purposes ins top over and under the real property in the City of San Luis Obispo$ County of San Luis Obispo, State of California, to wits THE PORTIO:: of Lots R and S of the :esubdivision of Lot 58 and Lots 61 to 65s inclusive, of the :Ranchos Canada de los Osos and Is Lagusas in the County of San Luis Obispos State of California$ according to the map thereof recorded in Book A of :Saps at Page 161$ records of said county$ lying within the following described parcel of land: BF1kIl4P=C- at the 4" x 4" hub with tack set for the corner designated "H" standing at the southerly corner common to Lots S and T of the above mentioned resubdivision; thence South 380 O1' 30" Es 30.48 feet to Engineer's Station 36 ° 44.71 on to center line of the County Surveyor's Survey for the County Road No. 29 (French Road); thence along said center lines Uorth 62° 24' 30" S, 734.16 feet to the True Point of Beg{n� of the parcel of land herein described; thence [forth 270 35' 30" Ws 30.00 feet; thence tangent to a line that bears North 62° 24' 30" Es along a curve to the lefts with a radius of 1470 feet., through an angle of 3,3° 49's for a distance of 354.49 feet; thence South 41'0 24' 30" Es 30.00 feet; thence, tangent to a line that blears South 48° 35' 30" W$ along a curve to the rights with a radius of 3.500 feets through an angle of 13° 49's for a distance of 361.72 feet to the 'Zrue Point of Beaming. IN WdITi1ESS &Ir 0Fs Grantor has hereunto caused its new to be subscribed this day of , 19570 CITY OF SKI LUIS OBISPO STATE OF CALIFORNIA ) ) SS COWITY OF SAPk LUIS OBISPO ) On this day of 1957s before me, , a Notary Puibli.c in and for the ounty of San Luis Obispo, State of California., personally appeared known to me to be the respectively, of the CITY OV SAN LIJIS OBISPO described in ani that executed the within instrumnts and also known to rue to be the persons who executed it on behalf of the CITY OF SAN LUIS OBISPO therein named and they acknowledged to me that the CITY OF SAN LUIS OBISPO executed the see. III WITMS - .`dMMFs I have hereunto set my band and affixed my official seal in the City of San Luis Obispos County of San Luis Obispos State of California, the day and the year in this certificate first above written, I'o gi5 Public in and for said County and State