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HomeMy WebLinkAboutD-428 Foothill Boulevard Recorded 02/06/1962VOL � . 3� '04a AARO1'l A - BAKER and MULE A. BAKER, as Grantors, hereby grant to the CITY OF SAN L"JIS OBISPO, a municipal corporation, as Grantee, all of their right, title, and interest in the following described property in the City of San Luis Obispo, County of San Luis Obispo, State of California, to Tait: Beginning at the southwest corner of Tract No. 179 as recorded on Page 32, Volume 6 of Tlaps, November, 1959 in the recorders office of the County of San Luis Obispo, San Luis Obispo, California. Thence S 0° 321 E a distance of 22.00 feet to a point on the northerly property line of Foothill Boulevard; thence S 89° 501 W a distance of 70.00 feet to the true point of beginning; thence N Oa 321 W a distance of 22.00 feet; thence S 89° 501 W a distance of 75.37 feet; thence along a curve to the left having a radius of 547 feet, through an anble of 16a 181 3.81' and a length of 155.66 feet to a point on the northerly property line of Foothill Boulevard; thence N 89° 501 E along said property- line a distance of 228.95 feet to the True Point of Beginning. Containing 0.086 acres more or less IN WITNESS ' ?EOF, Grantors have hereunto caused their names to be subscribed this /,91j day of -U 19(�,Z• Ga"-- dft'Vt_ 4 7 AARON A. BHER - M4PLE A. BAKER SUM OF CALIFORN7 2A fi- -5 r7,0 COUNTY OF Ell I 4FESfEr-12. N' .,, before me, SSc° A Notary Public an for said County and State, personally appeared AARON A. BAKER and M4PLE A. BAKEr, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. County and State My Cc•i .,:rc:on :x;:i:es March " ;. 1W. sa -n a.� 1 EF Nt W vOL1.169 FAGE211 C O V E N A N T (RESIDENTIAL LAND SUBDIVIDABI INTO FIVE OR MORE LOTS) For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned owners of certain property hereinafter described, hereby covenant with the City of San Luis Obispo on behalf of said owners, their heirs, executors, administrators and assigns as follows: 1. The owners hereby covenant with the City that in the event the property is subsequently subdivided into four or less lots, the owner will reimburse the City for all of the improvement costs set forth in Paragraph 2 of that certain agreement dated 5th day of February , 1962, except an amount equal to the cost of improvements of one normal residential frontage or that parcel retained by the subdivider. If the owner retains a parcel large enough to be subsequently subdivided, then this covenant will continue on such parcel retained and the owner will pay cost of improvements upon each subsequent subdivision of said parcel retained. Provided further that in the event the property is subdivided into five or more lots within any two year period, the owner will reimburse the City for cost of all the improve- ments except engineering, legal and street work, as set forth in said agreement. 2. The owners further agree that this covenant shall run with and bind the land hereinafter described and all subsequent owners and heirs, executors, administrators and assigns, and that this covenant runs in favor of the City of San Luis Obispo, a municipal corporation. 3. Said land is located in the State of California, County of San Luis Obispo, City of San Luis Obispo and is described as follows: Beginning at the southwest corner of Tract No. 179 as recorded on Page 32, Volume 6 of Maps, November, 1959 in the recorders office of the County of San Luis Obispo, San Luis Obispo, California. "'hence S 0° 321 E a distance of 22.00 feet to a point on the northerly property line of Foothill Boulevard; thence S 890 501 W a distance of 70.00 feet to the true point of beginning; thence N 0° 321 W a distance of 22.00 feet, thence S 89° 50' W a distance of 75.37 feet; thence along a curve to the left having a radius of 547 feet, through an angle of 16° 181 18" and a length of 155.66 feet to a point on the northerly property line of Foothill Boulevard; thence N 89° 501 E along said property line a distance of 228.95 feet to the True Point Of Beginning* Containing 0.086 acres more or less. Signed this _ -day of �� ��,a , 191a -,/ AARON A. BAKER MAPLE A. R T' a. STATE OF CALIFORNIA ,--A- COUNTY OF , 4 V-;idtary- st � e.'Ar[a iA ! yt� , 19 - , before me, � c- �� s s for County . ;b•1ic and said and State, personally appeared AARON A1184- and., ASE A. BAKER, known to me to be the persons whose names are subscribed to the withii.-Instrument and acknowledged to me that they ecuted theame. tart' Polic in d for said County and State My Ccr..T'tsian Expirn March 12, IV` VOL 1169 WE 211 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the grant deed dated 19th d v of, JouaxT , 19 62 , from AARON A. BAKER and MAPLE A. BAKER to the City of San,Luis Obispo, a Political Corporation,.and the covenant dated 19th day of JanuaEZ 1962 effecting said property running in favor of the City of San Luis Obispo, are hereby accepted in accordance with Resolution No. 549 (1959 Series), recorded May 26, 1959 in Volume 1002, Official Records., Page 292, San Luis Obispo County, California, and the grantee consents to recordation thereof. DATE February 6. 1962 , 19 Document Noy.._:..,:`7ca_ RFo -17. OF. AT.. -s" MIN. PA$T..__::_/ :.M. VOL ,.9,.,_9 R. P.r__�.2L SAN LUIS OBIS PO, COUNTY. CAL. FEB 9 - i962 •l CITY OF SAN LUIS OBISPO ATTEST: � I I I I ,I I I I ' i I o. ► I � I -urvR Ar- i po.(3 exis�iiv� ¢ BL!/D. � I I I � I 76 ,I LOT S.OL /T /BAKER) i SHO WING SETBACK LINE VVIDEN/NG FOOTHILL BO/JGEY/!RD O•0B6 A. // - 2 41 -6✓ AEEL. -xr. 0 G A REEMENT (RESIDENTIAL LAND SUBDIVIDABIE INTO FIVE OR MORE LOTS) THIS AGREEMENT, executed this 5th day of February , 1962 by and between AARON A. BAKER AND MAPLE A. BAKER, hereinafter. called Grantor, and the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter called City, witnesseth: 1. Grantor shall convey 0.086 acres more or less, lying along .Foo �aroud to the City of San Luis Obispo. 29 City agrees to install curb, gutter, and sidewalk across the entire frontage of the property and to conduct the normal grading that would have been involved at the previous curb line on a standard installation. 39 Parties agree that the value of the property being conveyed to the City is $1,422.00 and that in the event the cost of the improvements set forth in Paragraph 2 exceed said value, then the owner will pay said excess at the time of executing this agreement. Said excess amount is none dollars. 4• City will provide all necessary engineering and legal work, cost of relocation of utilities, replacement of landscaping, replace- ment of driveways, and grading in excess of the amount that would have occurred at the old curb line. 59 It is understood that the time when the City will install said improvements depends upon the funds budgeted for this purpose and that the deed is subject to the condition subsequent that said improvements will be installed when the budget permits. 69 Grantor will execute a recordable covenant running with the land for the benefit of the City, providing that in the event the property is subsequently subdivided into-four or less lots, the owner will reimburse the City for all of the improvement costs set forth in Paragraph 2 hereof, except an amount equal to the cost of improvements of one normal residential frontage or that parcel retained by the subdivider. If the owner retains a parcel large enough to be subsequently subdivided, then the covenant will continue on such parcel retained and the owner will pay cost of improvements upon each subsequent subdivision of said parcel retained. Provided further that in the event the property is subdivided into five or more lots within any two year period, the Grantor will reimburse the City for cost of all the improvements except engineering, legal and street work. �®rze� C/ ,r yor ATTESTETH ` CityOClerk . Aaron A. Baker ple A. Baker BAKER AGREEMENT IT IS HEREBY AGREED by and between the undersigned parties that Bakers shall pay to the City of San Luis Obispo Six Hundred Twenty- eight and No /100 Dollars ($628.00), and that said City shall execute: and- record .a Declaration Cancelling Covenant to remove the Covenant dated January. 19, 1962 on property owned by the Bakers-'located in.the City of San Luis Obispo, County of San Luis Obispo, State of California. Dated: / ATTEST: . iii CITY OF SAN LUIS OBISPO i. MR-Wo - . U0, F-2 City of San Luis Obispo San Luis Obispo, Calif. Gentlemen: Coalinga, Calif. June 18 1965 In 1962 we made an agreement with the City &f San Luis Obispo covering Parcel No.52- 011 -02 of land, in which we conveyed 0.086 acres of land having a value of $1,422.00 to the City and in return the City installed the Curb, gutter and sidewalkat a cost of $1,256.00. - At the same time we executed a recordable covenant running with the land for the benefit of the City in which we would reimburse the City, in stages, for the full cost of the work. -We have no intentions of disposing of the property during our lifetime, but we would like to build a new residence on the property and remove -the, old residence. In fact we have the Architect Plans for a residence that will cost approximately §30,000.00. we have decided not Suild this residence unless we can clear the Title on the entire property. we are making you and offer to reimburse the City for on* half of its costs or $628.00 in return for a recordable document canceling the covenant and agreement. Very truly yours, �,,`1965N A. A. Baker CAP N City ' 6 PAGE 4" DECLARATION CANCELLING COVENANT The CITY OF SAN LUIS OBISPO, a Municipal Corporation of the State of California, hereby declares as follows: 1. That on January 19, 1962 AARON A. BAKER and MAPLE A. BAKER, husband and wife, executed that certain document entitled ':Covenant ", covering property located in the City of San Luis Obispo, County of San Luis Obispo, State of California., more particularly described therein, which description is hereby incorporated by reference as though fully set forth herein; said Covenant being recorded in the San Luis Obispo County Recorder's Office on February 9, 1962 . as Document Number 3076, in Volume 1169 at Page 214 of Official Records. 2. That said Covenant ran in favor of the City of San Luis Obispo and required the Bakers or subsequent owners to repay certain costs to the City upon the happening of certain events. 3. That the City. of San. Luis Obispo hereby declares that the Bakers have fully and completely performed all covenants, promises and-acts contained in said Covenant and that, therefore, said Covenant is hereby cancelled and of no force and effect. EXECUTED this day of !�6f6 , 1965. V it CITY OF SAN LUIS OBISPO /- / i ATTEST: STATE OF CALIFORNIA ) ss COUNTY OF SAN LUIS OBISPO ) C G7 On this 27th day of July 1965, before me, the undersigned, a Notary Public EA7 or said County an fate, personally appeared Clell W. Whelchel, known to me to be the Mayor of the City of San Luis Obispo, a municipal — corporation, and known to me to, be the person who executed the within instrument on behalf. of said municipal corporation, and: acknowledged to me that such munici- "' pal corporation executed the same. WITNESS my hand -and official seal. oQJ FFAISM. HOUSE& IL ANLUIS TApY PUBLIC otary c in Or OBISPO COUNTY said County and State ALIFORNIA vic.� 04 PASE JJ CERTIFICATE, OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Declaration Cancelling the Covenant dated July 27 �s 19 65 from City of San Luis Obispo to the City of Sau Luis Obispo, a Political Corporation, is hereby accepted in accordance with Resolution No. 549 (1959 Series), re -- corded May 26, 1959, in Volume 1002, 'Official Records, Page 292, San Luis Obispo County, California, and the grantee consents to recordation thereof. DATE 19 Dscurmsznt Q RT OF VOL_._._l E,'�_.._O /R. P. =4111 LL'15 OB1SR0 COMM, CAL. AUG ` 9 9965 R� n By ..._ eP�, C �_ -- _-- W=.- Indexed -7� _r"7' n� CITY OF SAID LUIS OBISPO BY: '/ 1 ATTEST* \\ \� nT r,