HomeMy WebLinkAboutD-581 Foothill Blvd.STATE OF CALIFORNIA 1 SS.
COUNTY OF SAN LUIS OBISPO
March 26, 1965 . before ma the
undersigned, a Notary Public in and for said County and State, personally
appeared George Roberts
personally known to
me to be the person whose name is subscribed to the within Instrument, as
a Witness thereto, who being by me duly sworn, deposes and says:
That— .resides in San Luis nhigapn and that--he..
was present and saw
personally known to.—hiM --.-.to he the same person-- described in
and whose name....... - .........subscribed to the within and annexed Instrument
as - -- ---Part _Y_____thereto, execute and deliver the same, and
Ile acknowledged to said affiant that..___b&__executed the same;
and that said affian suhsadbed-- hi L6Zej;b=7to:as a Witness.
WrfNESS MY hand and official
51
(Seal)
_..-
Notary Public in and for said County 46nd State
.1 1. -
Vp;14 X652
• �V I
GRANT DEED
MARTIN POLIN, as Grantor, hereby grants to the CITY OF SAN LUIS OBISPO,
a municipal corporation, as Grantee, all of his 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 Northwest quarter of the Northeast quarter of
Section 27, 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 of the survey of
said lands approved by the Surveyor General May 2, 1889 described as
follows:
BEGINNING at a stake marked C3 set at the intersection of the Westerly
line of North Broad Street, with the Southerly line of the county road
from San Luis Obispo to Los Osos Valley (known locally as Foothill Blvd.);
thence S 890 30' W along the Southerly line of said road a distance of
280.00 feet to the True Point of Beginning thence continuing S 89° 30' W
along said line, a distance of 242.06 feet to a point marked C2; thence
South a distance of 21.00 feet to a point;.thence N 89° 30' E a distance
of 242.25 feet to a point; thence N 00 30' W a distance of 21.00 feet to
the True Point of Beginning.
CONTAINING 0.117 acres, more or less.
IN WITNESSWHEREOF, Grantor has hereunto caused his name to be subscribed
this ll6 'day of ) 1965.
WITNESS: Ate-�
GEORGE ROBERT901t
STATE OF CALIFORNIA ) SS
COUNTY OF SAN LUIS OBISPO)
-W`000, i
On 1965, before me, ,
a Notary Public in and for said County and State, personally appeared MARTIN POLIN,
known to me to be the person whose name is subscribed to the within instrument
and.acknowledged to me that he executed the same.
SA d i'Jti OG:S ?0 CCU'
TTY Y
.. ` �• CALIFORNIA
Notary Public in and for said
County and State
.-t
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4 _v08111344 Pa�E653
CERTIFICATE OF ACCEPTANCE
xirr *—.
THXS IS TO CERTIFY that the interest in real property conveyed by
the Grant Deed dated March 26th -, 19 65
from Martin Polin
to the City of San Luis Obispo, a Political Corporation, is hereby
accepted in accordance with Resolution So. 549 (1959 Series), re-
carded May 26, 1959, in Volume 1002, Official records, Page 2922
San Luis Obispo County, California, and the grantee consents to
recordation thereof.
DATE: April 1 , 19—jk5_
8012
Document No. — - - -- - - -
V OF
T_ MAIN. PAST...Kii.
vO --------- Oia P.- ..LS�L_
SAN LUIS OBISPO COUNTY, CAL
APR 5 -1965
CITY OF SAN LUIS OEISFC
BY: aa(TV6
FblYOR
ATTEST : .•;' n, �, \) a
` \ M
nl .
CCt�*-:eA D
The Ci Council
City Hall
San Luis Obispo,
it #
MARTIN POLIN
ATTORNEY AT LAW
::I1ITE 3 -5 WICKENOEN BUILDING
SAN WS OB15PO, CAUFORM
LIBERTY 3 -8545
March 18, 1965
California
.4.) a F/
Re: Compromise offer of settlement, 211X 242' widening
.on Foothill Blvd. immediately westerly of Sizzler lot
To the City Council:
In the interests of settlement and compromise, I hereby offer
the above indicated strip of land to the City on essentially the same
terms and conditions that were set out in an agreement drafted by the
City Engineer's department several months ago, EXCEPT that now, instead
of the price per square foot being $3.75, I will sell it for only 75¢
a square foot. The balance of the agreement, including the obligation
of the City to improve the street and install the water catch basin- -
and my obligation to extend the culvert and install curbs, gutters and
sidewalks, would be the same.
As a matter of record, it is my understanding that when my ad-
joining property was purchased by the City in December, 1964, this
part of the contract was deleted because I was not yet quite ready to
build, although the plot plan, etc., had already been approved by the
City. Now, I have made application for a building permit, on March 16,
1965, and anticipate that the permit will be granted before the end of
the - month. Apparently, the new ordinance, attempting to permit the City
to acquire such property without paying for it, goes into effect on
March 31, 1965. Regardless of the constitutionality of the ordinance,
it appears that it would at least preclude the Council's acquiring
property at a settlement figure after that date. However, property on
which a building permit has been issued before the ordinance is effect-
ive would appear not to be affected by it, and full price paid for such
frontage, here, at least $3.75 a square foot.
Even if we might assume for the moment that this property is
subject to the ordinance, it is suggested that the ordinance would
not be upheld as constitutional at least in this particular case. The
concept of taking property without due process of law, being urged by
the Southern Pacific now before the higher court in the Los Angeles
case would not be the only one applicable here. In this case, all of
the property owners across the street have received the market apprais-
ed value for their property, of $2.00 a square foot - -and the fortuitous
(or otherwise) circumstances surrounding their receipt of this money
should not change the result substantially.
As a matter of mathamatics, if the City Appraiser's figure of
$3.75 a square foot is used (which was the price paid for the adjoin-
ing property) the price will come to $19,057.50. My very low compromise
offer, made to keep this out of court and so that we may spend our time
on more productive things, comes to only $3,811.50.
Sincerely, %/,
MP_ik Martin Po iI n�
D J--e- f
AGREEMENT
THIS AGREEMENT, executed this 26th day of March 1965, by
and between MARTIN POLIN, hereinafter called Grantor, and the CITY OF SAN LUIS
OBISPO, a municipal corporation, hereinafter called City, witnesseth:
1. Grantor shall convey 0.117 acres, more or less, lying along
Foothill Boulevard to the City of San Luis Obispo.
2. Grantor agrees to install a 10 -foot integral curb, gutter, and
sidewalk at the new setback line along the entire frontage of
the property being conveyed to the City and to extend the drainage
pipe to the back of the new sidewalk.
3. City agrees to pay Grantor $3,811.50 for the property being conveyed
to the City upon completion of the improvements set forth in Paragraph 2.
4. City will provide all necessary engineering, legal work, construction
of the drop inlet, and pave out the street to the new gutter.
W.Far Flow, -1
ATTEST • ��_ _
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(Corporation)
STATE OF CALIFORNIA
SS.
COUNTY OF }
On before me, the under-
signed, a Notary Public in and for said County and State, personally
known to me to be the President, and
'known to me to be
Secretary of the corporation that executed the .
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within instru.
ment pursuant to its by -laws or a resolution of its board of directors.
WITNESS my hand and official seal.
(Seal)
524 tz -sv Name (Typed or Printed)
Notary,Public in and for said County and State
GRANT DEED.
ZION EVAMELICAL LUTHERAN CHURCH of San Luis Obispo# a corporation, as
Grantor, hereby grants to the CITY OP.SAN LUIS OBISPOs. a aunicipal corporation,
all of its right, title, aW,interest in the following described propertyin
the City of San Luis Obispo;- Couaty.of Scu Luis Obispo,. State of Caiifornia, to
with
That .portion of the southeast quarter '.of the southeast ,gustiat' of Scction� 22,'
Tomohip 30 South, Range 12249t, fount Diablo, Base and Meridian, in the
City of San Luis'Obiago County of San Luis Obispo, State. of,Calyiforala;•.
accordiria to, the official plod; or plats of the suavo� of:slid land's returned
to'the General'Land Offlti by tine.Surveyor General, described as followr.:,
Beginning At.the southeast corner•of.,said Section; thence .S 89' 450 W.
along the south. line of ' aid.Seetion, a disc ico of 113-55 fe6t: to the•
most easterly. corner .Of, tbe' property granted'to' the State of-Ccfitgrniq
by ._deed date4.April 25, 1941, end recorded -in Soak -298,, at Pagg m of
Official Records; thence along th.a easterly Ilse of the property so
granted following along-:a curve to the right from a.•tangent which .bears
S 890 450W with -a radios of 150 feet through an angle;.of•23 °.53.9 L" for
a length of 62,54 Ieet'to 0 point on a'line,which bears W. 75° 530 2590 W
frm said'point; thence easterly aloam,.a curve,conewe to- -the left and:
tan_nnt.to said 'line through 'a radius of 100.00 " fee t,writh an angle of
13° 42' 05 %. for a length of 23.91 feet; thence S 89° 350 30 °.E, a
distance of 150.02 feet to a point; thence along a curve concave to the
le€t, tangent to the ldsc described line,, with id radius of 462 feet
through an angle of 0° 06' 0041 for a Length of .81 feet; thence
S V 030 0010 W, a distance of 8.00 feet to the Point of Beginning,
IN WIMMS Ts'iH;REW, Grantore lave hereunto caused tho#r: names to be' •sub-
scribed thlk� day of 1.9
ZION EVANGELICAL LUTHERAN cauaca
r
9