HomeMy WebLinkAboutD-579 Foothill Blvd.i_M
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(Corporation)
STATE OF CALIFORNIA
,,,,'San Luis
SS.
U +tzv u" uy i7vJ before me, the under -
a Notary Public in and for said County and State, personally
d H A Landeck Jr & Rodney R. Levin
:o me to be the President, and
known to me to be
Secretary of the corporation that executed the
mt, known to me to be the.persons who executed the
ent on behalf of the corporation therein named, and
o me that such corporation executed the within instru-
to its by -laws or a resolution of its board of directors.
official
Zy �ew,c lacy va {au
Z E Con y an 14K6�spo, State of California
D Notary _
P c> �tol n°mi o IA Wf 1966
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7640
GRANT DEED
ZION EVANGELICAL LUTHERAN CHURCH of San Luis Obispo, a corporation, as
7-9
Grantor, hereby grants to the CITY OF SAN LUIS OBISPO, a municipal corporation,
all of its 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
wit:
That portion of the southeast quarter of the southeast quarter of Section 22,
Township 30 South, Range 12 East, Mount Diablo Base and Meridian, in the
City of San Luis Obispo, County of San Luis Obispo, State of California,
according to the official plat or plats of the survey of said lands returned
to the General Land Office by the Surveyor General, described as follows:
Beginning at the southeast corner of said Section; thence S 89° 45' W
along the south line of said Section, a distance of 113.55 feet to the
most easterly corner of the property granted to the State of California
by deed dated April 25, 1941, and recorded in Book 298, at Page 170 of
Official Records; thence along the easterly line of the property so
granted following along a curve to the right from a tangent which bears
S 89° 45' W with a radius of 150 feet through an angle of 23° 53' 15" for
a length of 62.54 feet to a point on a line which bears N 75° 53' 25" W
from said point; thence easterly along a curve concave to the left and
tangent to said line through a radius of 100.00 feet with an angle of
130 42' 05 ", for a length of 23.91 feet; thence S 89° 35' 30" E, a
distance of 150.02 feet to a point; thence along a curve concave to the
left, tangent to the last described line, with a radius of 462 feet
through an angle of 0° 06' 00" for a length of .81 feet; thence S 0° 53' 50" W
a distance of 8.00 feet to the Point of Beginning.
IN WITNESS WHEREOF, Grantors have hereunto caused their names to be sub-
scribed this 18th day of February , 1965.
ZION EVANGELICAL
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IVOL1344 PAGE236 .
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by
the Grant Deed dared �ebruary, 18 19 6 ,
from Zion Evangelical Lutheran Church of San Luis Obispo
to the City of San Luis Obispo, a Foliticai Corporation, is hereby
accepted in accordance with Resolution No. 549 (}.959 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: mawnh 25 , 19 6+
Document No_. �
RECORDF
A _ I . PASL..
SAN LUIS -_ O/R.
COUNTY. G4L
MAR 311965
et 4
CD
Fee
_I SPY
EM_A.0 ED
CITY OF SA14 LUIS OBISPO
BY
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AGREEMENT
THIS AGREEMENT, executed this day of ,�LriQ� �/ , 1965, by
and between ZION EVANGELICAL LUTHERAN CHURCH OF SAN LUIS OBISPO, a corporation,
hereinafter called Grantor, and the CITY OF SAN LUIS OBISPO, a municipal
corporation, hereinafter called City, witnesseth:
1. Grantors shall convey .029 acres, more or less, lying along Foothill
Blvd. to the City of San Luis Obispo for the sum of $1,932.00.
2. City agrees to remove existing curb, gutter, sidewalk, and driveway
ramps and to construct new curb, gutter, sidewalk, and driveway ramps
on the new curb line at no cost to the Grantor.
3. City agrees to pay Grantor $71.50 for shrubs that will not be replaced.
4. City will provide all necessary engineering, legal work, relocation
of utilities, and pave out to the new gutter.
R "Op �i /IV%
ATTEST:
CITY-CLERK
ZION EVANGELICAL LUTHERAN CHURCH
OF SAN LUIS OBISPO
ZION
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CITY ATTORNEY'S OFFICE
Post Office Box 321 a San Luis Obispo, CA 93406 a 805/541 -1000
July 27, 1978
Mrs. Misbeth Wollam
County Clerk
County of San Luis Obispo
San Luis Obispo, CA 93401
Attn: Ms..Lavonne Bello, Deputy
i
e,.-'. City of San Luis Obispo vs. Zion Evangelical Luthera
Church, No. 29733,
Dear.Ms. Bello:
On May 5, 1964, the City of San Luis Obispo filed a complaint
in eminent domain, case No. 29733, against the Zion Evangelical
Lutheran:Church of San. Luis Obispo. In order to obtain an order
for. immediate..possession of an easement right -of -way for public,
street purposes, the city placed a deposit as security with your
office in the sum of $970.
Subsequent to the making of the above security deposit,. the city
superseded.the litigation by entering into an agreement with.the
church on February 18, 1965, providing for consideration of
$1,932 plus miscellaneous conditions to be performed by the city.
The city completed its obligations under the agreement and'a
grant .deed from the church to the city for the right -of. -way was
recorded in Vol. 1344, at.page 23, instrument No. 7640.
Inasmuch as all of the obligations for which the security.of
$970 was deposited with the county clerk have been performed,
and the church has received full compensation for the-easement .
right -of -way for public street purposes, which was sought by
the litigation, it is requested that the $970 deposit,be refunded
to the city.
Your assistance will be appreciated.
Sincerely,
Allen Grimes
City Attorney
AG:ktm
cc: City Clerk J. H. Fitzpatrick
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at 11
CITY CLERKVTREASURER
Office Box 321 — San Luis Obispo, CA 93406 — 805/541 -1000
July 24, 1978
MEMORANDUM
TO
FROM
RE
Allen Grimes, City Attorney
J.H. Fitzpatrick City Clerk
SUPERIOR CASE NUMBER 29733
On April 27, 1964, the City Council adopted Resolution No. 1283 (1964
Series), a resolution determining the necessity of acquiring an interest
is real property and ordering condemnation proceedings and an order of
immediate possession (copy of resolution attached).
When the papers were filed, the city also filed $970.00 compensation to
the.church for the land taken in the Foothill Boulevard Widening Project.
A review of the court actions on this case show the various decisions by
the court granting the city immediate possession and advising the church
to pick-.up the.$970.00 judgement.
Subsequent to the above— listed court action on May 18, 1965, the City
Council entered "into an agreement (copy attached) with the Zion Lutheran
Church to.widen.Foothill Boulevard for .which the city paid the church
$1,932.00 plus other considerations -- such as replacement of existing
curb; gutter, etc. In return for the agreement, the church gave the city
the necessary land for widening.
The street widening was then accomplished, except that the County Clerk is
still- holding the original $970.00 deposited as compensation to the church
for land taken.
Ms. LaVonne Bello, Deputy County Clerk, stated that if the City Attorney
would file some document ( ?) they would be pleased to return the funds to
US.
JHF:yh
Attachments
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1010.E
REV. STANLEY A
City of San Luis Obispo
City Hall
San Luis Obispo, California
Attention: City Clerk
Gentlemen:
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SAN LUIS OBISPO ' CA
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TELEPHONE LIBERTY 3 -5327
April 24, 1964
f
The members of Zion Lutheran Church do not accept your offer of $970.00
for the .029 acres, more or less, lying along Foothill Blvd.
We have been doing considerable research on.the land values around our.
property and have received opinions from experts in the title business
and the banking.business based on the current land values as to the
fair market value of the property in question and based on these studies
and opinions we submit this counter offer to the City of San Luis Obispo:
1. Zion Lutheran Church, Inc. shall convey .029 acres, more or less,
lying along Foothill Blvd. to the City of San Luis Obispo for the
sum of $4,500. The sum of $2,400 for the land,`and $2,100.for
the damages incurred -to the house and property because of the
decreased setback line.
2. The City agrees to remove existing curb, gutter, sidewalk, and
driveway -ramps and to construct new curb, gutter, sidewalk, and
driveway ramps on the new curb line, replace chain link fence that
will be damaged along the property line at driveway, replace and
relocate the sprinkler system and any other utility lines that
.might be damaged, replant any of the shrubs or lawn that is damaged
in the process of the construction, relocate the parking bumper
strips that might be removed or damaged, all at no cost to Zion
Lutheran Church, Inc.
3. The City will provide all necessary engineering, legal work,
relocation of utilities, pave out to the new gutter, and will pay
for all escrow and title fees in the transfer of the property.
4. The.City will waive any setback restrictions that may at any
time in the future hinder or prohibit the alteration, remodeling,
or additions to the home as it is presently located on the lot.
i
a
`City of San Luis Obispo
'Page 2
Aprj! 24, 1964
The superior location of the Zion Lutheran Church property to that
of the Fluitt property, and the -close proximity with -the Haino
Properties, and in view of what is developing on Hiway One with the
Flagg and Duveneck properties, we feel that the strip of land as
outlined above and described on the attached- sheet is reasonably
valued at $2.00 per square foot or $2,400.00. The setback -line will
be-moved 8 feet closer to our Parsonage situated along Foothill,
resulting in only a 22 foot clearance between the curb and the
house. The decreased setback will increase the traffic noise nec-
essitating.the erection of a noise baffle. It will increase the :..._'
traffic hazzards and will cause great difficulty with ingress and
egress from our parking lot because of the increase volume of
traffic. We will loose some parking spaces,'shrubry and land-
scaping, and a portion of our chain link fence. The damages to
our house and property are conservatively..valued at $2,100. The
commercial value of this property is increasing rapidly and the loss
of an 8 foot strip o.ff.of the prime side of the property.is lost
forever and could mean the difference of five to ten thousand dollars
in the selling_price of the entire 4 acres.
We feel that our counter offer is a fair and equitable one both to
the City of San Luis Obispo, and to the members- of-Zion Lutheran
Church.'
Very truly yours,
Zion Lutheran urch, Inc.
-W. ei•
H. A. Landeck, Jr.
President
Carbon Copies to:
Donald Q. Miller
R. L. Graves
Margaret McNiel
ClellW. Welchell
Clay P. Davidson
Harlan E. Werner
Secretary