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HomeMy WebLinkAboutD-462 Mission Vineyard Tract - Mitchell ParkU �.f c QUITCLAIM DEED 462 THIS INDENTURE made this 29TH day of OCTOBER , 1962, by and between the San Luis Obispo School District, one of the School Districts located in the County of San Luis Obispo, State of California, and hereinafter termed District, and the City of San Luis Obispo, a municipal corporation located in the County of San Luis Obispo, State of California, and hereinafter termed City; i WITNESSETH; That District, for a valuable consideration receipt of which is hereby acknowledged, hereby quitclaims to City that real property situated in the County of San Luis Obispo, State of California, and more particularly described as follows: Block 111 of the Mission Vineyard Tract in accordance with the. map recorded March 8, 1873 in Volume A, Page 143 of Maps in the Office of the San Luis Obispo County Recorder. IN WITNESS WHEREOF the San Luis Obispo School District has caused its corporate name'to be hereinunder subscribed by its officers thereunto duly authorized by resolution on the day and year first above written. ATTEST: CTerk of the Board of Trustees of the San Luis Obispo School District SAN LUIS OBISPO SCHOOL [)STRICT B resident of the Board of Trustees of the San Lu.is Obispo School District STATE OF CALIFORNIA ) ss COUNTY OF SAN LUIS OBISPO ) On this mm day of NOVEMBER , 1962, before me a notary public in and for said County and State, ' personally appeared DAVID H• THomsoN , known to me to be the President of the Board of Trustees of the San Luis Obispo School District the corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged w to me that such corporation executed the same, IN WITNESS WHEREOF, witness my hand and seal affixed hereto on the day and year first above written. (SEAL) .�" _ Coy W.:bblispo, ublic in and for the County of San State of California I., VOL PAGE 617 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the QUITCLAIM DEED . dated October 29 _jo 19 62 from SAN LUIS OBISPO SCHOOL DISTRICT to the City of San Luis Obispo, a Political Corporation, is hereby accepted in accordance with Resolution Noe 549 (1959 Series), re- corded Hey 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the grantee consents to recordation thereof. DATE; JUNE 10 , 19 63 V ,.. Document No. • -• - -14 sr�� y_��9,�4.�, .. �.`i RjCff 'f.- •-- 3_.Q..MIN. PAST..Z0.&__M. •.` `- V L. /.�- �!� - -01R. P. — SAN LUiS OBISPO COUNTY. CAL. JUN i 028 1+27 "0 jmr�llmi itle Insurance and Trust Company P.O. BOX 810 • SAN LUIS OBISPO, CALIFORNIA TELEPHONE LIBERTY 3 -2900 . Mr. Bill Houser . City Attorney . 990 Palm Street September 5, 1961 Z) 7� z IMPORTANT When replying refer to Our No. 72368 -AAA City Hall Your No.B1k 111, Mission San Luis 'Obispo, California Vineyard Tr, cy of SLO (Mitchell Park) The following is a report on the title to the land described in your application for a Policy of Title Insurance, and is made without liability and without obligation to issue such policy. Dated as of Jul V 2 , 19 61 at 7:30 a.m. c JCS A. A. Arbini Title officer Vestee: SAN LUIS OBISPO SCHOOL DISTRICT Exceptions: F' 1 1 1. A lease of a portion of said land dated December 21, 1948, executed by San Luis Obispo School District, as lessor, and City of San Luis Obispo, as lessee, for the term of 99 years from January 1, 1949, upon the terms, covenants and conditions therein provided,. recorded December 30, 1.949 in book 546 page 464 of Official Records. DL'SCRIPT TON : All of Block 111 of Mission Vineyard Tract, in the city of San Luis Obispo, county of San Luis Obispo, state of California, according to the map recorded March 8, 1873 in book A page 143 of Maps in the office of the county recorder of said county. AAA:mp In addition to any exceptions shown herein, and not cleared, the policy, if issued, will contain stipulations and also exceptions as to matters outside its coverage which are required by the particular form. ft 0 .e� ^ �0 0 60 THIS IS NOT A SURVEY OF THE LAND BUT IS COMPILED FOR INFORMATION ONLY FROM DATA SHOWN BY OFFICIAL RECORDS. 167 A 6 -55 Febru .,ry ;, 1960 San Luis Obispo Cit.- Schools Ssn Luis Obispo, California Attention: Mr. A. G. Wilson Dear Sir: You have requested an opinion from this office on the fol- lowing question.: Is the ler+se which Wes - ttpched to your letter of 111,�uir'� v "lid? JNCL 13 'N, The 1wPse in questi -Dn is valid. .4 �, LY: =I S The lease in question is entitled, c111 -Your Le ^se A ^re,,,nent and in it, the San Luis Obispo City School District leage3 for 99 years to the City of Sari Luis Obispo, ccr'tn,in revil propert7 located in the City of Srn Lui3 Obispo. The dr?}e of t`.e a,rrc.ement is December 21, 19J,-`J- One parPpr!ph in the sense stntes ea follows: nit is understood And _ r„reca tint "le said property {s to be use:l by lessen prinpri1,- for A aui,lic ;)Prk • nci 3Al d lessee P`;rnhs to mP;n_r4 '.-n .-.:ereon, RA r:ow laid out in exi;at•a:l;r and for a,:e'Y f.dd1l t10,NR . ar.L fUr't'ler corir,,tAnity forth in C Is,:`,er !} of Division 12 ,f - +< .r� 1 ,.-r Code of the �,t.r t,— of In the resolut1c)44 of Vi s�c:1,�c'1�`on r:d 9 °.'t. liDv�z ,Z til r ;x6cuu� Ot3 of li':1::9 lap -3e n.'rrf <eynont, <]L}z' Of tree r^brrt; t "'c3 ' orted ter] fFiVU" it'd the t'1f.',.'n ,amber ..Fs rr,senf: so,'Ie -Iidl nu,_ -otlff O.7 i� �ropoa�l. Thcre W'n s no pl,�' 1100-4 00 of I o� G 0E 0 nO Ole. c °� ,o CI 4-10 QO Q O IP C110 OG- O t, San Luis Obispo Clty schools Psg� 2 February 5, 1960 In 19480 Article 3,.5 of Division 9 of Chapter 5 of the gducation Code, entitled Sale or Lease of Property by a Dis- trict to Other Public Agencies, wen in effect, and in fact,, had been enacted in 1945. Section 18663 of said article stated as follows in 1948; "The board shall not on "er into and be a party to any such sale or lease unless the following conditions have been met: (a) A resolution authorising such action and prescribing the teriss of the seals or lease has been adopted by the unanimous vote of all the members elected or appointed to the board; (b) Such resolution has been published in a newspaper of general circulation published in the district, or if there be no such newspaper, in a newspaper having a general circulation in the district, once a Meek for three weeks prior to the making of the sale or the execution of the lease by the board." Also in effect in 1948, was Chapter 4 of Division 12 which was specifically referred to in said lease agreement. This Chapter 4 is entitled Comminity Recreation. Section 24401 of said Chapter 4 states as fcllows: "The purposes of this chapter are: (a) To pro -note and preserve the health aad general welfare of the people of the State and to :ulti va.to the development of good citizenship by provision for ado uate prograias of coma�unity recreation. (b3 To authorize cities, counties, cities and counties, and public school districts t.:) organiio, promote, and conduct such programs :ii* r:ommunit;; recrea- tion as will contrlbuto to the attai?azSnt of general 4 educational and renreational objeet!_v -as for chil,:x•a.. ;-jn adults of the Stat a . fr Section 24401 of said cbcnptwr b`_fii es k { ; c•ilowa; `r'a'he -oven irZ bo-:f jr .,ferj cj.' c ��:,:��r; �; .iiay (a� c ni4e, g�vr.:are, 01-1d c,-)n-'act p.�orgrn.,-_s if a C .c y.�a1-1 y2t;.!Ms c3- g1 oundun�3 w �t:reaticn, and (c) Wintalm, and o -:?r: tu wli;hout the tcrri-.;crial .,i' .. i:1t .• V � � }� `••. _ os ::e7, .t._ other eu,�catic'nt_x " ". -I .. gin, �.:n �r....a� _ . +�F�• > c I'll & o .._ � : p r 0 0 @ @ @ 0 0 9 y a � / . (76 0 a @ S& °& . 2 ? o � 0. � f� �'e�bx3ias *' 5s ? 1�6G Section 24404 of said chapter states as follOVs: "m e governing bodies of sny two or more public authorities may cooperate With es.oh other or with the Federal Government or any department thereof to carry out the purposes of this chapter, and to that end may enter into agreements with each other, and may do any and all things necessary or convenient to aid and cooperate in carrying out the purposes of this chapter. The governing bodies of any two or more public authorities having jurisdiction over any of the same territory or over contiguous territories may jointly eetabli.eh a system or systems of recreation, and may jointly do any act which either is authorized to do under Section 24403. Nothing in this chapter shall be construed to prohibit any joint or cooperative action authorized by this section." Section 21�,1+08 states in part, as follows: "Tbe governing board of any school distriot may use the buildings, grounds, and the equipment of the school district, or any of them, to oarry out the purposes of this chapter , ... �' Section 241 1.10 of the Education Code states, in part, as follows: "All necessary expenses incurred by the governing body of any school district in carrying out the purposes of this chapter are a charges against the funds of the district from vbatever source the funds ?iRze been received. All such expenditures shall be made in the same manner as funds qre, upended for other school purposes.," The above quoted Section 16663 is in the article entitled sale or Lease of Property ry n District to Other Fublic kgenciall, and sets out the procedure for sucsa sale or lease. As stated in said section, before any esuah lease :gag be entered into, the condition set out in. above quoted Section 186b3 must be met- Thus, at fl ^st C1arzce, i.t iaould appear that since there was no publication In "lie case at hand and si.nee one of the members of the board was absent, at the tizoe of the voting on the resolution approving the lease, that a;, _id 1Ae�s �:ou1- be void. `fiat is tr -111 unless aeore fsctor taker this part.iculay ?e;ase out or the ;if:Lr tion of said Secricn 18661. x OCII o (71 � � � \ �3 �_ ~\ �� � � Glo, OC-1 °. 2 10 ol G' CI) San Luis Obispo City Schools Pegs 4 96 i'ebruary 5 s 10 in 29 AttorIIe7 aeneralls Opinions, at page 1. is an - opinion in which the facts are that the school district was of borrowing state, money to build new sG;�ool buildings. As P ti it was neaessary for the school district to the twansason9 therefrom dispose of ti old school plant and to use tha amey a t of a new school plant. The school district to help pay the cost to tlws city, One of the school board sold the old school p question members was also a member of the city abstained council. The Q on the wags If sald school the salemand thus thedresolution vas not resolution approving approved by the unanimous vote of all t he members of the school board, would said sale be invalid? The oppinion held that under e the tfa facts Of case put the$ sale would not be in because t situation 4Mt of the Operation Of abed quoted aahooloboard63 The that a e awAmous vote was no Q opinion States in part• as follows: Article 3.5 was added by California Statutes 1945t chapter 42, page 3609 section It and on its fsce i$ a general grant of authority to school districts to se' 1 unneeded Propert to certain other public agencies. Chapter 1.j, however, added by California Statutes 19499 chapter 13699 page 21119 section 19 E.8 an urgency measures is a specific law concerned principally with an entirely ®eed different that of providing badly thereby The Sale ;,f echooi district lug is real pofthe replaced or made surpiva is a by-product the main purpose to be accompliahea In our cca, State has a more direct interest in then proceeds ulef they sale 01' the replaced or surplus p P Y enerally 1778, quoted above) thowner ofasehooledistriet�pro- af 'taing a ben® party (Hall n. City of Taft, supra)- Therefore, the ui1Animous vote requirement of section 18663 not being applicable, we conclude that the person holding the dual position of member of the School board and member of the cjtandouncil y could abstain from voting Y of might arise if he this question avoid the complications thon one or both Wiz' attempted to act on the agencies of which he is a member." In 4 Attorney General's OFtrictsand�a �ityndesi�eotoiinghsli the facts are that a school dis 5 Y'abr. rfry 5, 1960 a swimming pool on real property belonging to the school district. Neither the district nor the city had suf'f'icient funds for the purpose, but Lhey desired to build tho plur..ge as a cooperative enterprise each contributing one half of the coat. Under the plan, the city would lease the property which is the site of the pool for 99 years from the district and the pool would be avail- able to the general public. during vacation periods, but during school terms, the school would be entitled to the exclusive use of the pool for physical education classes and other strictly school purposes. The school district would operate and manage the premises at all times. After a discussion of the Community Recreation Sections of the Education Code which are partly quoted above9 this Attorney Generalts opinion states in pert, as followst "On this theory, the use of a. lease to implement the venture would probably be sustained." Section 3534 of the Civil Code which is concerned with Maxims of Jurieoradence states as follows: "Pa:.*ticulax expressions qualified those which are wenera.l.e'' Education Code section 3 skates as follows: "The Code asteblishes the law of the State respecting the subjects to which it relatest and its provisions and all proceedings under it are to be liberally con- strued, with a view to effect its ob jests and zv pro - Mote lustice." As stated above, this particular leaaa arzz-asment with which we are converr:ed specificaily st;ate5 cr_at; t.'aa property in gaQUtlmi is to be used for a public park and for, such a ddi i -ional fug tbe.r. community recreational purposes as set for -h. in .,�pter :+ cif' Division 12 of the Education Code, part of which a.ro gacted sbovt7 in this opinion. Sacticn 24!, 2 of the :ducat yon code �:�ich la in the , z t a r 4 concerned with co=.unity recre,itioi�i, and which is satitlE1i Definitions, states in part, as fQi1,:; &: 'The #�1?lrig te.:: ; Sr:hi°v �l. t :sic: x efer.:3cz t.r In this chapter have the folloking ucanings, res- peuti veiy, Ln a ev i� Jiff )P,; Zt; i-A cat the A nn'tE xt �� �?�, �� �, �y o�, �� 0 0 i :� °o !a' � , n �^- �� n' ��� gym., �� �� 0���_ �• � � SOP- �(��» •7 ,_,,, � :7 ° `;�, --s .. , OC ;� , O � � n b plg�' �, , � ?� ' c^ r "� v . �6 ' � �.., . '` a � o � • Y � .. • 1 ' � . ,, �' � - / � �1`� �j43 �� —rte _ � ��`.� _ . .. �Ie� �, � o� o� -� � c n � c �� °'� � �. � a� o °� �� �?�, �� �, �y o�, �� 0 0 i 1c) "7iy �•ra,yt ,h a r f� *.r t s� l �,r�ri, r i;. +.'�G�. Tt?E3..7:Y: J S.0 '17. �r JC .L17i,,. c �� engaged in, which contributes to tI-r physical, tent -al, or ,..Q a 3f,'` e lcpme>r_ t L•f th.e d:�d1V1 ij.:,uJ or tY oLt participating therein, and inclildes any activity in 7-71@ fields ^S' -��r t..i+IL., Fir t, .. ; ^. .zft, science, literature, nature study, nature contacting aquatic s;,or :,s, and at:_.'_e,t..,r or eny of them., and any informal play incorporating any such activity, (d) _ "Community recreation" and "public recreation" meaan auch. rec_ eatio7_ as i -A-'y ?le cngagad in u:ider direct control. of a public authority. ' : h3 :: e i i'� center" Picans Fl place, area, or 'other facility under the jurisdiction of a governing body of a public authority, used for cossaunity recreation whether or not it may be used also for other purposes, playgrounds, playing fields or courtb, beaches, lakes, rivers, avimming pools, gymasiums, auditoriumis, rooms for arts and crafts, camps, and meting places, It is interesting to note that the om munity recreation purposes cf the SP-ducablon Code could have been fully carried out by the city and the school district without a lease, through the method of the two governmental bodies entering an age eement with each other which would accomplish the same thingm, except for the passi..g of th.e leasehold safe: gists. Ur.der 'axi vent; the use of tb- !and would be effectively tied t:p for the S�R{`� 7 r P u .y r 1^• ,' a y., 1 Pen- n ` y �y, r� .r. 1, c. 1 ;, .! `, Gil.l L.. k%.`. t.. h/u�i 1i1... ... ._ l.�.v U� "�ii �. �.� +qtr -•1 ✓L:134 � 1.1'�� ...i i ..L :J I. agreement which: is being considered in this opinion. in fact,, in tht lease Z,t oa.:,ie i- Lt`. LiAnd, tip p s,^,iT_i ef th6 lea,.,eL+ti1ti iikterest is only a secon_Lry minor thing in, t11e aceomT:Zishment cf the ir.j t>,,!! 711 l.l 1"_ n (_ c Win, In that t-he lease & ;V�vc-ffient is mewc�ly c. nc,. =;6nn to -,.nrl. —her 6 for e, i`6 ralr�LisTlt':lti :.'W �. :�i:' in 1? i:toi ,al: :.' TD., ... S 4 W C�pinicn 1, as qjotei above, -k:) hwnd, i;nde r 4u`ntLig 3htk 1.2&lc ..l- L�C''r1C ?.tt i�� i�'.` °;:'t t:ha ;it - L.:l.i l �::f ",.ti]0�. i i} bt:i'�;;;: :v1:1 "k-, .1W � ,f. e.'.•1 n of !"'c 1 catic.z!. C.-de Centro t ��C X21 t`1t2. ti: 171 11 �'.p _C-,< 5, L._L n "a'_ t: }i" ._;t CJ 1L r a .. vx,.:C:A '.,.lii �',:)psr,t) t\. i `uli c �_i.S. v1':;5 J "v'A_i't •T ::. .-; il�`. of +'i,... - ._�: E.ct�:�_J`'.i CO ,.. .t ?J ?:. .-1aA- A - '_ .,7 r y � .�.� • :t a 1 .. :�... { �11...Yhi.l6w ($ .I i 5.4.:6 ii p� p� _ Gip ° ✓n � O�M1 pa Opp Io [� 3 /ltd ., r" '^ pO �pPy 01-1 c* pb Opp I , p 4 • San'ai:* t)bl , o City Schools f.. f a Fair .ary :� 1)60 It is to .dJCA J, '_:Q {f® 3 s:)ov� 3t ces t_..:t ?,:, pri : ions o_'' CO?'-'6 arU +:c• be e•onatrUud hitr:. :3 .1•;� r,o ef'f,.;Ct rnj ':,o Iro,latt,; t �3�3� f t:.� Civ ; last Ice. ctio_ �� it ";s . �, , ti �;�i,�d abo re st.rtas t particular' cxprosaiow-is •zu,alif;� t c '. F_ �AV ti i v. Le-,er.,l .r :rich :•� ®srla ti'.�t �r... rtic :ls�rs c ,.�trol t ca9E:, tr1: coirv1 laity roc rc icrl r �.'t��� >.= is :.: c j.�1f,,• �ecLlor. 1;3663 is tiw �enerr:l. " The 19ase a��.reamarlt at :1�nd $:,rcif icali� e:= ii vas crE35t�, f�lrr.r,cr the CUfl'::[lUniu"Y recrea iu^s3 ; ur�:oQo Est out i,i th:� ;dcac::tlon Coda, On tYl� site in quastior;, tho r,.,;,lr?t�; i:? :�ainG.�In- ine. a rlayL,rourld Lend a park, and JOi.i.. ;.r'8 1is:�d for Colr,!UtulitJ recreation pur ores. Under ..,ection b", drent ,�f playFrjunds is spec lficaily au norL..,.;: ;i ,�. b;,r - ?ofini ion b ©cone s comaunity racrca : ion. ,ls�, it is a well lu,on fact that ;ark c.�n_r; -��uL : tU '. l.; p1;sicsl , ,,,ent .1, and .-rural develo_.,lent of tr;ase pal, Lici,.,atin 1'1 �e :iv± '.E3 ir.e1•� c;; 20 that `,y Lab 'ofiniti 5t-!rcif �' v c �:, of �.:. ()2(a) quoted a7)ove, `j 4 o y tt. �c_t�; i�',. Fur•t' ,:r•�orc ua P, :I k is u;:er.ated ;;y Line City 1:)f ..: r LuiQ U;;)is':c�� ,zen t%1e re crestiun thoreon is 7 �1. �U. in un,Ie�.:'`._,:ir.r.. n. authority and is con,,u nit Y 4,,, PLI)- eatio , azda. , cry ,ior CU ;a :!,ctio n �) quoted ibova. c The pur -:ose of t 'e t i v o prot�t.t tn•: 9 0. ::•aL r, scr:ocil n�sr. Leta in t:'e � ;•rte= ' -`a..` :xi ' �-� ;�:.t_�r 7riaental aE.•3nci,_s. In jt:iar wor,': =, f.t I. ti o,.9:,7, t,�'.•. if •9 of c'_: • -a Tars of L,t6 school boa:°t. r•� raai aroparty ,miler 186,',3, it 3111E :�r lease: will to r x•,...;01 �:�_ � .i c. }�Oi1QV @T'. 111 tills case, SPc c:f icaI1- L f'!r%.:i:i' L CUI'ri C1't In L'Its iiC� tL f]4i0it Ct y - 11cirEtJy _.:r'( ::'1•:11;' b y 1_33 ..16 La t '� ve , c i 1 1 1 3 �' tars; _�:: i •oi� i:�-tL sca;;c 1 riot E nt; -�1'- ►,:a _,:s .�. : �� : -.:t s ,_•er <�i':1r£, l.�lr �OrJnOil 1 U.~ rw Z:+1�.. � � i +r._ � ..1 ^I.: � ! C>1 _ . CiVi1`o( lUl�lo;: :iteF'-' sSV: Cti' ?!' Ghe re? vQn of F 1 tt i,3 Lo ,o rioted that Lducatio^ : ode S::ctior 3 quor—d voj, st as t: . -t th provisions of t ict code are to be iiue.► r :lll � •i,w to effact, aeco.:f.lisl; and to pro-Moto juetict;- F,:rt -3534 of tr'6 Civil Co,.a as gaot<;d aboru ,.�,tes ..tat oerticulr:r axpressions qualify t, sa H::,ict� ar.. �;e:�oral, wr :ich� ..�earis tt.�t 4.ha -$ rticulars c.,n -rol t <:c3 Fibnera.l. In -his cas::, the comma :.:nity recreation �,'lrfosa is }:, =:'tia�:3n -' ar;c S£cLi'�n 1,`x663 is the 8.eneral. The leas,) agreement at hind specifically states it was cresLed. L,.� furtaor the coiwuunity recred -ional pi.:rposes set out It-' the Bdue::tion Code. Un th.6 site in question, the c:)unty is r,aincain- ing a plays, round and a ,dark, and oot:� ::ra usad. for com't'unit,y racreation pur,os ®s. Under :section 2414 )3 Quoted abOvv, tr'a 68""- lisYuaent of playtrounds is specifically rzuthori�u�{ x:�d t:iar� fore by definition becoraas community recreation. Also, it is a well imown fact that park contributes to th.; physical , ,oental, and moral develo- ment of those particiUatini- in activi.•fes tc:ercz, r. so thst by t1aa specific definition of �:duca'.lon Coda ;section 2: 02(a) quoted aoove, such acLivlty is r"ecrcaatIO- Fur•t,' erY Or©, since Lhe park is operated by the City of San Luis Obispo, -ten t'-s recreation thereon is jnga, 3d in undar dirocu control of public rauthorlty and is community recreation under 1�ducRtion Code Section 2 f �1 quoted abova. ':'r.6 purr-�)se of tre requires. %ants of ::duce:.ion Code 18",63 is t_) prot,ct tno school disL icy in t °te.',1` :?eelin�a wi ,h other k:ov,)rmantal ag`3nci,!.s. In ut'rler words, it is tlioug :'t trol'� if al of cL: sere of +,;-lb school boa -,d a,;;—rove r.;;e gEli:: or lasse Of >>e real proj:drty under 103663s it is fairly cert-" T" t}�at tale : ist s {le or leas:: will be to th,:3 ,)d9t int.sr0 •ts f tht se" 0 F,oweaver, in this case, L h., leas a, z*c,.....inz wa!: into upacif"icaliv to fartner t..�= corr_,uniiy creatiansj. ; u•rposes -q. t o -.'t in the Ld,ca',Aon Code, t:nereoy ;:nco:n assinL. ra. �a'_id p.ar,,usa by ldf;islat ive (.eclar. atlor. an..: i eint- in r u ..`ass ].nt;e ^ass c Uf trio sc.dool di.s"'rict. Therafore, tll. ryason for r- quiria'; tt,e stria,,_. ,in:t :'Jig: Cis z -id oecriun cori,,Iiacl wit. haz besr� reimor;ed. Civil cod-.,) section 3510, ar,G •:.f :r.t, t:a::i...s o. JLrisj,r' ct-, �taL as as follow, : "`mil ?Jf t;pn re'azjn of a rule cvasF , so Cp 00 • Op • OC v 61 r1 Clcl Ol C''P l7 B C01_ < �pG Op LAG � Y i apt, pe_ � C � C- G C° C c� C� j Gol °'a ��A ��'!,. ] �':J �L SCE•. �p,�` o� c e o� cG LAG � Y i l? Gol � 1 7a In view of Lhe above discussion, it is the opinion of this ,offt.cc that a 99 year ?ease eLgreement between the San Luis Obispo ,Ate. Sc;ho l District; and the City of San Luis Obispo i s� valid.. iespeotful'ly subrri:,-ced, PAUL W. DAVIS, District ..ttorney Hy: Stiovil F. Fub a!,, . Deputy TAstrict Attori.-.y EF /,-q d APPROVE.D., heir ''l. i�vis� 51i—U C{: Kt orneg i VOL 546 PAS 474 RESOLUTION NO. 868 (New Series) A RESOLUTION ACCEPTING THAT CERTAIN AGREEMENT F,19TITL7D " NINE'T'Y -NINE YEAR LEASE AGREEMENT". BE IT RESOLVED by the Council of the City-of San Luis Obispo as follows: That that certain agreement entitled . "NINETY -NINE YEAR LEASE AGREEMENT", dated December 21, 1948, and between the SAN LUIS ORIPPO SCHOOL DISTRICT and the.CITY OF SATT LUIS OBISPO, be and the same is hereby accepted by the Citv of San Luis Obispo; and BE IT FURTHER RESOLVED that the XaL_or of the City of San Luis Obispo be, and he is hereby, authorized to execute said Agreement for and on behalf of said Citylkwhich execution shall be attested b,T the City Clerk; and BE IT FURTHER RESOLVED that the City Clerk be, and he is hereby, directed to cause said agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo, State of California. PASSED AND ADOPTED this 18th day of January, 1949, by the following vote: AYES: G. W. Baker, Wm, 0. Ha11.Timothy I.O'Reilly,Kline Williams NOES: None ABSENT: R. P. Howell Timothy I. O'Reilly ATTEST: Mayor J. .l.-Brown C it�v, Clerk t I. J. E. Brown, duly elected and acting City Clerk of the City of San Luis Obispo, do hereby certify that the foregoing is a full and correct copy of Resolution No. 868 w c`o (New Series) duly and regularly adopted by the City Council of the Cit -rof San Luis Obispo or_ the 18th day of January, 1949, and as the same now appears on file and of record in my office. .IN WITNESS TKHFREOF I have hereunto set my hand and affixed the Official Seal of the Citv of San Lui a�.Obi -spo this day of January, 1949: - . tv C.le rk . • .' • a. v�. 5if PAGE475 r, 7 NINETY =NINE YEAR LEASE AGREEMENT THIS AGREEMENT AND INDENTURE OF LEASE, made in duplicate this 21st day of December, 1948, between SAN LUIS OBISPO SCHOOL DISTRICT, one of the school districts of the State of California, hereinafter called Lessor, and CITY OF SAN LUIS OBISPO, a municipal corporation, hereafter called Lessee, W I T N E S S E T_ 1-H : That Lessor on the terms and subject to the conditions hereinafter set forth and for the period and purposes herein specified,- hereby leases to Lessee and Lessee does hereby hire and take, all that certain real property, with the appurtenances, situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: All of Block 111 according to the Map of Mission Vineyard Tract filed for record March 8, 1873, in the office of the County Recorder of_,,Said county. Excepting therefrom all that portion thereof described as follows, to wit: Beginning at the Southeasterly corner of said Block 111; thence Westerly, along the Northerly line of Buchon Street 155 feet; :.thence Northerly, parallel to Santa Rosa Street, 120 feet; thence Easterly, parallel to Buchon Street.155 feet to the Westerly line of Santa Rosa Street; thence Southerly along the Westerly line of Santa Rosa Street, 120 feet to the point of beginning. It is understood and agreed that said property is to be used by the Lessee primarily for .a public park and said Lessee agrees to 4-P maintain a public park thereon as now laid out and existing, and for C4 such additional or further community recreational purposes as set 0 forth in Chapter Four, of Division 12, of the Education Code of the State of California. It is a.condition of this lease that during the entire term and any renewals hereof, the demised premises shall be by Lessee used and devoted to such community or public recreational pur- poses and Lessee hereby agrees and covenants to use and maintain the said premises and to devote the sane to such purposes. If at any - 1 - VOL 546 PAA 76 time during the term or any renewals hereof the said premises are used for or devoted to any other purpose or purposes, this lease shall immediately terminate and Lessor, its officers or agents, may re -enter and take possession of said premises and remove all persons therefrom. For the term of ninety -nine (99) years, to -wit, from January 1, 1949, to January 1, 2048, at the yearly rental .of One Dollar ($1.00) payable on the last day of each year of said term, and Lessee does hereby promise to pay the rental in the manner and at the times specified. Lessee agrees to keep and maintain the said premises and all shrubs and trees thereon 'in good order at its own expense suffering no strip nor waste thereof; and-to pay all public utility rates incurred by Lessee. All buildings, fixtures and improvements placed or caused to be placed on said premises by.Lessee shall be deemed to be personal property and thb- title thereto shall remain in Lessee, ex- cepting as hereinafter otherwise specifically stated. Lessee shall have the right to remove from said premises at any time during the term of this lease, or within sixty (60) days after such termination, all buildings, fixtures and improvements placed or caused to be placed on said premises by it, excepting existing lawns, trees, shrubs,. water sprinkling system and pipes used in connection therewith shall at all times be considered to be a part of the real property hereby demised and as such shall not be removed from said premises. In re- C-> moving any buildings, fixtures and improvements, as by the terms hereof co may be removed.-Lessee shall remove same completely including all o foundations, shall level any depressions and leave said premises in the same condition as such premises were received by it At the expira -. -­,.i tion of said term or sooner termination of this lease, Lessee agrees to quit and surrender the premises in as good order.as it received them,, reasonable wear thereof and darnage by the elements excepted. - 2 - 'VOL 546 PAA77 Lessee agrees not to assign this lease nor underlease mr underlet the demised premises or in any other manner part with possession or occupation of the same without the written consent of Lessor first had and obtained. Anything to the contrary hereinbefore stated notwithstanding, it is hereby agreed between the parties hereto that the Exchange Club of the City of San Luis Obispo, State of California, shall be and it is hereby au thorized and permitted to erect a war memorial and wading pool upon the within described real property at such place as shall be agreed upon by and between said lessee and the said Exchange Club. It is further agreed between the parties hereto that waiver by the Lessor of any default at any one time shall not be con- strued as a waiver of any future default. Should default be made in keeping any of the covenants hereof, and should the Lessee fail to cure such default within twenty days after the delivery by the Lessor to the City Clerk of the City of San Luis Obispo of written notice of such default, Lessor, its officers, or agents, may re -enter and take possession of said premises, remove all persons therefrom and at its option terminate this lease. IN WITNESS dHE -REOF, the parties hereto have caused these presents to be executed by their officers thereunto duly authorized, the day and year first hereinabove written. President of' the Governing Board of said District and Board of Education of the City of San Luis w 2 �-Qb i sp o . � Za By vfi w Jerk of said ar LESSOR CITY OF SAN LUIS OBISPO By ATT ,l�ti I City . '0r va 546 pAcE478 , • State of California ) ) SS. "ounty of San Luis Obispo) On this A / day of 19 5��, before me, the undersigned, a–Irotary Public in and for said County and State, personally appeared Carl G. Beck and E. W. Rodrigues, known to me to be the President and Clerk, respectively, of the Governing Board of the San Luis Obispo School District and Board of Education of the City of San Luis Obispo, the school district that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the school district therein named, and acknowledged to me that such school district executed the same. Witness my hand and official crt.fi,ce. first above written. Notary Pu San Luis State of California ) ) SS. County of San Luis Obispo) seal the day and year in this lie in and for "the County o Obispo, State of California On this day of �� , 19, before me, the undersigned, ao ary P b i for sai t nd State, personally appeared and , known to me to be the Mayor AM Cit 1 rk, r ectively, of City of San Luis Obispo, the city that exec ted the within instrument,-and known to me to be the persons who executed the within instrument on behalf of the city therein named, and acknowledged to me that said city executed the same. Witness my hand and official ,,.11r1cem,}ificate first above written. eal ) Notary Pub San Luis 12270 0 -PW)RDED AT REQUEST OF ATE MIEN PAST 3(P . "CL"-4 .ifficial Recoras p..44Z,,, 3 N LUIS OBI C IM CALIF. 3 9 19A9 7 Co Fea $�-It­ Indexed 1- 1.../.a -mac 4 - seal the day and year in this lie in and for the County o. Obispo, State of California 41 'December 22, 1959 San Luis Obispo School District 1445 Santa Rosa Street San Luis Obispo, California Gentlemen: Attached is city warrant Po..1183 in the amount of $89.00 which is the payment for the balance'of the lease between the e#y- .-schools and the.City of San Luis Obispo for Mitchell Park, said lease dated December 21, 1948. The lease provides for payment of $1.00 at the end of each calendar_yearf but the City Council this year, during its budget session, appropriated $89.04 to cover payment in advance so as to avoid possible future omission of payment and thus possibly .causing a default in the agreement. Respectfully, J. H. Fitzpatrick City Clerk JHF:mc 8nclosure i 1 t ASSISTANT SUPERINTENDENT — BUSINESS SERVICES A. G. WILSON ASSISTANT SUPERINTENDENT — EDUCATION SERVICES LARS BARSTAD SECONDARY SCHOOL PRINCIPALS FRANK C. HOLT, Senior High DR. O. B. PAULSEN, Junior High WILLIAM J. WATSON, Morro Bay High CHARLES T. CARLSON, Adult Evening School CITY OF SAN LUIS OB18P0 990 PALM STREET SAN LUIS OBISPO, CALIFORNIA GENTLEIAEN: SAN LUIS OBISPO CITY SCHOOLS 1445 SANTA ROSA STREET SAN LUIS OBISPO, CALIFORNIA J. N. REGIER, Superintendent ELEMENTARY SCHOOL PRINCIPALS PAUL R. HOPKINS, Teach and Quintana MARVIN S. WILLARD, Hawthorne and Sinsheimer DANIEL N. WINTERS, Emerson DONALD G. WRIGHT, Fremont and Pacheco JANUARY 6, 1960 ATTENTION: MR. J. He FITZPATRICK, CLERK YOUR COMMUNICATION UNDER DATE OF DECEMBER 22 TOGETHER WITH YOUR WARRANT #1183 IN THE AMOUNT OF $99 WAS PRESENTED TO THE BOARD OF EDUCATION AT ITS MEETING HELD LAST NIGHT* BY ACTION OF THE BOARD, THE WARRANT IN THE AMOUNT OF $89 IS BEING RETURNED TO YOU, IT IS THEIR FEELING PAYMENT SHOULD BE MADE IN ACCORDANCE WITH THE PROVISIONS OF THE AGREEMENT WHICH INDICATES "YEARLY RENTAL OF ONE DOLLAR ($I) PAYABLE ON THE LAST DAY OF EACH YEAR." VERY TRULY YOURS, A. G. WILSON, SECRETARY BOARD OF EDUCATION AGW:NC ENCLOSURE 0 �p �Q(jCjV 4k# ��' A Vtc AQioioi0AOLOAOd0AOADAOAOi0AOAOAUChLOLOAOAOAOAOAOAC& m OAOeOACA0A"OAOAOLOAGACAOAmOAOAO blrs Mary B Hitohell THIS 1MW3NTM1 made this 22d day of April. A. D. 1913. X1'0 B$TMW Bra. 30r7 B. Mitchell (widow) of City of San San Luis Obispo Sobool Luis Obispo. California the party of the first part, and District , San Luis Obispo 3ohool District, of Son Luis Obispo County, state of 0811tornie, the party of the second part, RiwWxTS: That the said party of the first part-, for and in consideration of the auk of Sixteen thousand five hundred DMLAR8, Gold Coin of the United States of America, to her in band paid by the- said party of the second part, the reoeipt whereof is hereby acknowledged, bas granted, bargained and sold. conveyed and confirmed, and by these presents does grant;.bargain and salt, convey and confirm. unto the said party of the. second part, and to its sno- oessore and assigns forever, all that certain lot, piece or parcel of land actuate, lying and being In the City of Son Lnis Obispo; County of San yule Obispo, State of ,California and bounded and particularly desoribed as follows, to sit: .A11 Of Block One hundred and eleven (111) of said City, and bounded by $aobon. Santa Rosa. Pismo and 0808 Streets; TOGETEM with all and singular the* tenements, heredity meets and appurtenances thereunto belonging, or in anywise appertaining, and the re- version and reversions, remainder and remainders, rents, issues and profits thereof. TO UVB AND TO ROAD all and singular the said premisos, together with the appurtenances, unto the said pert.. of the second part, and to its successors and assigns forever; subject to taxes for fiscal yeer 1913 • lA. which the grantee assumes. IN WITIlM WWROF, the said party of tiro first part has hereunto sot her hand and seal, the day and year first above written. Urs Uery B Wtahell (SnL) signed. Sesied and Delivered in the Presence of Genevieve a. Donelin. STIATS OF CALI;WWA. ) ) ss. City'snd County of San Franaie0o ) on this 22d day of April in the year one thoussnd nine hundred and thirteen before ¢e, Genevieve S. Donelin a Rota Public, in and for the City a County of Sao Francisco peraonally appeared Mrs. 1[ary a. Mitchell Wdow) known to we to be the person shoos name is subscribed to the within ,01 q lip Qa U.S. INT. M. Swim $16.5o CARaSLSKD DEEDS BOOK 107 inetr_unnoat. and she duly acknowledged to me that she exeouted the salae. to WITHFSS r,. i+'MROF, I have hereunto Got my hand and Wixed aW Offioial Seri, at any office in the City & County of San Francisco the day and year is this Cer- tificate first above written.- Genevieve S. Donolin Notary Yablia in and for the City & County of San Francisco. State of Ca2ifom1a. BW Commission ex- pires Cot. 8, 1915. Recorded at the Request of Mrs. George Merritt. February 23rd. A. D. 1916, at 32 min. past 1-1 O+olook, A. M. D. F. 8ahoney; Recorder. AOAOAOAOAOAAAOAOAOAOAOAOAOAOAOL OLOACACAOAOAOAOAOAOAOAOAOAUOA0AOAOAOADAOAOAOAOAOAOA0d0 i 0 RRCORMIRS OFFICE 1 Soli LUIS OWSPO COUNTY + • voL1217 eel $aR IFUIS OBISPO SOMOOL DISTRICT OOVB'77C OF SAN .LUZB OBISPO STAN OF OALVORSIA Dated � day of Wmen ,1962 RESOLUTION AVMRTLINO CO?tsUNUTION OF W(CHONOE OF REAL PROPERTY WIN MM OITY OF SAN LUIS OBISPO The following resolution is hereby offered and reads WHEHEAS, the Ban Late Obispo School District duly adopted a Resolution Authorizing Rcahange of Certain Real Property owned by said District, hereinafter referred to as School -owned real property, with the City of San Luis Obispo for certain real prop- erty owned by the City of San Luis Obispo, hereinafter referred to as 01ty -awned real property, setting out the intent to ezohange said real property, and WRBRRAS, said School -owned real property is not now and will not at the time of delivery of title or possession be required for school classroom buildings by said District, and WSMW, said City -osmad real property is required for school classroom buildings by said District, and WHEW, , It is in the public interest that District exchange said School -owned reel property for sold Oity -owned reel property. NOW, In SPORN. B$ IT R8S UND and ORDSRBD by the Board of Trustees of the Ban Luis Obispo School District looated in the County of San Luis Obispo, State of California, as followss 1. That said exchange of real property between the San Luis Obispo School District and the City or San Luis Obispo wherein said Sobool -owned real property is transferred to the City and said Oity -owned real property is transferred to the said School Distviot, be and hereby is ordered oonst mated. R, That the togal description of said School -owned veal property which the City of San Luis Obispo will acquire in said exobanp is as rollowst Block 111 of the Mission Viney d Tract in accovda ce with the "V recorded March 8, 18 in Volusw a Pa 143 of Maps Ls the Office of the San Lois Obispo County Recorder, N N W h� RBCORDSRB OFFICE SAN LUIS OBISPO COUNW vmM7 =408 3. That the legal description of the said City -owned real property, whiob Dan Luis Obispo School District will acquire in said exchange, is as follovet kno as *crnere"H"' ascushoewnloncthe HapfofotheSRosub o division of Lots 93, 61, 62, 63, 64, and 65 as per J. J. Strattonts survey and Map of the Resubdivisiore of the Ranchos Oanada de Los Osos and La Laguna surveyed by R. County Recorder or the 0003styiof San office oyoP State of California, in Book A, Page 1612 Thence R 37° t%5' W a distance of 20.32 feet along the 048teriy boundary of Traot Ho. 207, ae recorded g ry 9, 1961 on Pe 54 of Book 6 or Maps in the office of the County Reoarder, to a polar on a line that is 20.00 feet northwesterly of and parallel to the northwesterly line of }mdonna Roadj thence R 620 304 R along aforesaid line a distance of 460.82 foot to the true point of begiuning3 Thence $ qqo f 110 W a distanaa of 983.05 feet) thence R 40 ' R a distance of 928-23 feet to a point on a line that is 50,00 Seer ooubhweetrerly of and parallel to the centerline of the P.O. and S. utility easement as described in Vol- 748, page 172 in Us office of the Qounty Reoorderj thence S 40" 121 300 K at distance of 1093.90 feet Aloti SZO- vesaid liaej thence a 1 +8e pe W a distance of 333 -46 feet along a lima that is b.00 lest northwesterly of and parallel to the northWGBte>rly line of Madonna Road; thence along a curve concave to the risht baring a radius of 1L50 feet, bbroulb an angle of 13° Of for a distance p� 347.13 feet; bheaoe 3 620 30' V a distance of 289.95 Tees ro the true point of beginning. This parcel contains 23.00 acres. 11. That this resolution is adopted by unanimous vote of all the members of the Hoard of Trustees of the Dan Luis Obispo School District elected or appointed to said Hoard. 5. That upon the Consummation of said exchange of real prop- erty by and between the pity of San Luis Obispo and the San Luis Obispo fichool District, bhe San Luis Obispo School Disbriot shall lease the buildings located on the above described School -owned real property which is to be acquired by the City of man Luis Obispo in said esahange, Upon the following terms and conditional ia? The lease shell be far one year from the date of said exchange, starting with the fete day of _Novae= 1462, and terminating with the 14rw day of NOwIm t , 1963, subject to one renewal -+2• AN rt N d: BAST LZOIS OBISFOOMTY mxM7 am409 upon aoaditione acoeptable to both parties. (b) 'PhD School District viii aeoept said buildings as is and the City shall not be required to matatain or repair them] the School DLstrict will return the buildings in the mane condition, renoonable wear and tear, aota of God, destruotion by tire, war sad civil dieturbanoe, and other aato or oo- ourrenees not under the oontroi of the School District, excepted: (c) 920 School.Distriot shell hold the City hav%lese from any and all liability for injury to parsons or property caused by District under said lease. (d) The rental abali be Sixty (460.00) Dollars per year payable at the end of said year. 6. That the President of the Board of Trustees of the San Luis Obispo School Ma wlet be Arid W'eby is authorised and di- rected to execute on behalf of said school District a quitclaim deed quitclaiming the said Sabool -owned real property to the City of San Luis Obispo. 7. That the deed from the Clty of San Luis Obispo deeding the above described City-Owned real property to the Sau Luis Obispo School District be and tetchy is aooepted by the Ban Luis Obispo School Disty utl and the am Luis Obiapo Bohooi Matriat hereby consents to the reoeadatioa of Bald deed. 0. That the Clerk of the board of Trustees of the Sala Leis Obl"o School Disttiat be and harsby is authorised and directed to attach a oortItUd copy of this rosolution to said deed where- by the Ban Luis Obispo Bob LUtriot aoggires the above des - oribed City -owed real property from the City of San Luis Obispo, and to record both in the offiee of the County Reoorder of the County of San Luis Obispo. • AN -3- In N p Ct I� i i 0 )MOMMM OFF=as ` SAN LUIS OBWpo OOUNTY 0 +m1217 Pa410 On motIOA Of 8oud Ne>aber Alk.-MARn S1 IY e . seconded by Board Metdber oa.- ,wa�pw o. rtooum„ , and on the following roll nail vote, to -wits AYN OR. tutww A. SINBMttMW. op. 4060" 0. VML9M, DA. ALOmT CtAaOON, Ik. to e. LAW, mt. Cwtt/ H. blown, NOLAs NON[. AGSM t NoNL. the foregoing resolution is hereby adopted. 8TA" OF QALMHNIA, Oounty of Sam U315 Obitspo, s ) as 3, tlAYlO H. Tmmtm , Oler]c of the Board of Tru -stesb o h of Dl,atriat, in and for bile Oats»ty of 3ar. Luis b obiopo State of Oaufnrnia, do hereby Certify for foregoing to be s rnl�, true and Correct co of aft order made by the Board of Trustees oP the 3dit Luia Obispo S.ohoo2 trict, as the same, appaare tiyread npon their ntimtto book, 1962�WMES8 my bmud affixed thin _ _is�TK,_, day or Camic of tbeoSan Luis Obi n tijlp Soitoof Diabria'b c i i i i i n r. N -4- c i i i i i l� (4-4 RECORDERS OPPICS SAN LUIS OBISPO COUNTY QUITCLAIM DEED THIS INDENTURE siade this - &bh day of k0,_ �u„jb6, , 1963, by ate between ON City of San Luis Obispo, a oxicipal corporauan located in the Coastty'of San LUIS 066106, Stab of Califorats, and herefnaRer tweed City, &cant the See We Obispa S octal District, ON of the School DistriW located lathe County of S to Lahr Obbpe, State Of C&II sfala, and larolntlbr tsratad D iatrldi WITHESSCYH: Tbet City, for a valuable eoalderation ftetipt of which Is hereby sr9 nwishW, hereby Quitclaims to District that real property located In the County of Saa Luis Obispo, State of Callfsania, and nafe potieutarfy described as followl: Bovnninp at the roost southady comer of Lot •S', also known as ttonen 64, eta 65 ai p , Map S atttoo''s auvl yea d Mapo { he 62 63 of the Rancho% Canada do Los Osos and La Laguna surveys dobfy R.R. Hauls of�yLuis Obispo, Stage California, nia, In Cook As Pa�61i County Thencs N 370 45' W a distaaoo of 20.32 het alms the esstetl bouadry of Tract No. 207, as records/ fobatry 9, 1961 on Pte 34 of Beek 6 of 6A In the efliea of cite Cdtaty Rseader, to a peDht ea a lies taut Is 20.00 feat rnrthrested $i had prallsl to the nortlarestaly Itae eF Idhdorrte Roadi thsnoo N 92 30' E along slotesald lies a d9baes of ' 460.82 lest to the Uus point of beglnnive Them 11 1370 43' 11' W a distance of 983.051*04 theme N 480 3919 a distance of 918.23 fast to a point on a line chef is 30 00 Oast south* w.staftly of and WWICI to the oentertlae of the P.G. and U. hull OMNI sat as described in Vol. 748 P7 172 to the office of the Cow Ot theme S 400 121 SOP Ec a dt goat of 1095.90 feat aiea0 aTor:Wd 1 p dwbco S 480 47' W a distance of 333.46 feet d a lino,that Is 20.00 feet no timesterly oh had parallel b the nortiswestetllJim of Modems Ro14 thence along stove concave to the elV147.13 t having eaorvadlus of 143Q fast, I nun dhtan a of 289 98 het to the caw poljd iming. S 6T s0' w a This parcel contalas 73.00 aeass. In Wtlatess whereof, Hie City of San Lola Obispo has owed Its osop, nto agate to be hercla undor subscribed by Its olfloers Uwreudo duly auttalasd by tysoltttlott on the day sad yes► Arst above written. CITY OF SAN LlflS 0101110 1 ATTE9fjt <V C5i ,CeW Of the 610 015" Luis Obispo ti .�` W s a mrJORMS OMOS UN LMS OBISPO OOUNW STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO 3 as On dds_2j__day of - 0&6embee , 1962v bdm m a "y PMIG In and fiv saw County MW Sub, PWmajIy4xWW—Q&--E known to ft to be the Mqorsf iM City of Son Lids Obisps, ft cm peetllatt go ammoculml the wilbin, loafto", and known to m 6 he tbo pomou who amecdool the WttWu lr4uucwg on behalf of the cupowan V"mu ramocl, and adumulaftsil COO to go that ""4h M n"00 uoot IN ASTN•SS V�HEREOF, witness my MW and.sajd alflud hordo so the day and year fiat above written, W=tills in and for the Coady of Is Obispo, Side of cdllsrnb S Dmummt No- cW 06� Aar 0. — DEC 211962 94,0AY C X444A.. W9I=" - M094— 1% s RESOLUT10 NO. 727 (1961 Series) A MSO1.ilT W OF l iirEY'i'TION TO . EECHWE LAGURA LA3 PROPUT'Y FOR MITCHELL PARK HE IT RRSO3. %M by the Council of the City of Son Luis Ohispo as follows., 1. That the Council of the City of San Labs Obispo hereby approver, the exchange of approximately twenty -three (23) acres in the Lagune.Fsrk area for Mitchell Park an the following tarms and conditi.on.o: a. Mitchell Perk to be deeded.to tha City without any restrictions on its use; b. Lease arrmSements to be made permitting =tinusd use o €.the buildings on Mitchell Park by the school district; c. A decd restriction to be placed on Laguna Lake propsrt;► providing that tha property must be held or used for school purposes so long" as the City does not ebaadoa its plans or use of the.remaianing City property for public or park purposes; d. Thu dead on the Lagume Lake property.will also state that the School Board will locate the buildings as the northeastern portion of the property and locate the playground facilities omi tLe south - western portion of the property, but such provision will not be a condition of or restriction of said deed. PASSED MM ADOPTED this 1... 6th sap of . January .., = 1961, by the iol- lowing roll call vote: Aq$S; Kenneth W. Jones, Gerald. W. Shipsey, J. Barry Smith, Fred M. Waters. SM: Donald Q. Miller ABSZNT: None ATTEST: Cat Clo k