Loading...
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 :z 58� 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 • ��_ _ /' CI7aY°'CLERR MARTIN POLIN FOLI N i7 y � i A � Z r C Oo � O Z y Z 0 Z O n v n m 0 0 �r 0) ti= �o o ° o° w 0 i i i i i i �co to oi o'o w i i i wi N O C N cb oC) 00 N ow ° a� N ° NO ti= �o o ° o° w 0 i i i i i i �co to oi o'o w i i i wi N J� (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