HomeMy WebLinkAboutD-946 Grant Deed For Jack Family Residence (Jack House) Recorded 03/10/1975045950-15 - E00000.00 REC
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DOQ NO'. ° 11340 - - -- -
'RECORDING REQUESTED.BY and OFFICIAL 'RECO'RN
WHEN RECORDED RETURN TO- SAN LUIS OBiSPQ CO.,
CITE of SAN LUIS oBISPO APR 15 1975
P.O. Box 321
San Luis Obispo, CA 9340E W1MIAM E. ZIMARIK c�
COUNTY RECOMM %ocumentary transfer tax
�:�3C p/ ' • ] Corpu�ed on foil value c -f property conveyed,
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GRANT DEED re _. _._ in ' :.c:.
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Signa'urc e. ,!__ aran or agent dae, ni, ^,ing tax — r irr nam .
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FOR VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, and subject to the covenants, conditions, restric-
tions and reservations set forth, VIRGINIA J. TYNAN, also known
J
as VIRGINIA JACK TYNAN, PHYLLIS SINTON, also known as PHYLLIS JACK
SINTON, MARGARET E. KAETZEL, also known as MARGARET KAETZEL,
GERTRUDE K. KAETZEL, also known as KATHLEEN KAETZEL and GERTRUDE
KATHLEEN KAETZEL, KATHLEEN G. VON STEIN, formerly KATHLEEN G.
NORMAND, JUDITH MEYER, formerly JUDITH KAETZEL, and MELBA RETICKER,
Grantors, do hereby grant to the CITY OF SAN LUIS OBISPO, A MUNI-
CIPAL CORPORATION, the following described real property in the
City of San Luis Obispo, County of San Luis Obispo, State of
California:
Commencing at a point on the southerly line of
Higuera Street South 530 7' West, One Hundred
and eighty -three feet, six inches (183 -6/12 feet)
from the Southwest corner of Higuera and Nipoma
Streets and running thence_ south 530 7' West on
the south line of Higuera Street two hundred and
twenty -five (225) feet, thence south 360 53' east
to the line of Marsh Street; thence Northeasterly
along the line of Marsh Street, two hundred and
twenty -five (225) feet; thence at right angles
northwesterly to Higuera Street and the point of
beginning and being all that portion of Block 62
of the City of San Luis Obispo, occupied as a
residence of. R. E. Jack and wife, and extending
from Higuera Street to Marsh Street according to
two deeds: One made-by H. M. Warden to Nellie
Hollister Jack, dated August 9, 1875; and the.
other made by Thomas Higuera and others on February
11, 1876 to R. Edgar Jack, and both of record in
the Recorder's Office of San Luis Obispo County,
State of California.
Excepting therefrom that portion thereof conveyed
to Manuel F. Lima, et ux, by deed dated September 29,
1922, and recorded October 2, 1922 in Book 157,
Page 410 of Deeds.
Also excepting therefrom that portion thereof con-
veyed by deed dated November 14, 1917 and recorded.
November 22, 1917, in Book 118, Page 449 of Deeds
to Nicholas F. Schlicht.
5TATZ� ENT TO RETURN - ADDRESS ABOVE 1 -
�-L,,Z T TO RETURN AMPBS ABOVE
D94 "Vo! 18 FACE
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Together with all furniture, fixtures, equipment, docu-
ments, bookstand .-other personal property situated in or on said
real property.
By the acceptance of this deed, said City of San Luis
Obispo, hereinafter, referred to as, "C.ity ", agrees:
l: To keep, preserve`and use:said real property and the
residence situated thereon in a manner which maintains, enhances
and celebrates its place in the historical development of San
Luis Obispo.
2. To refer, to the house and grounds as "The Jack Residence"
as a memorial to Robert Edgar Jack and Nellie Hollister Jack,
pioneers and builders, as well as devoted citizens, of San Luis
Obispo City and County.
3. To maintain the original character of the house as an
example of a Victorian vintage residence. General maintenance
and any restoration improvements shall be in keeping with the
age and period when the original residence was constructed.
4. To care for and preserve existing trees and shrubbery,
and to return the gardens as much as possible to the appearance
of the gardens as illustrated in photographs circa 1910 -1920
provided by the Grantors.
5. To keep the residence and contents thereof adequately
insured against loss by fire and other insurable hazards.
6. To permit, subject to reasonable.rules and regulations,
residents of the City and County of San Luis Obispo, visitors and
tourists to enter and inspect the residence and gardens and any
displays and exhibits which from time to time may be presented.
7. To appoint a committee of seven (7) members whose
responsibility shall be to advise the City Council in the
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NOL 10x0 PAG' 194
r
administration of The Jack Residence for the greatest possible
public use and enjoyment. Said committee shall recommend basic
rules and regulations for the use of the residence and grounds
which may include, but are not limited to, permitted uses,
conditions of use, hours and fees, if any. The committee shall
serve without pay and consist of city residents including:
(a) One member from the San Luis Obispo County Historical
Society.
(b)
One member from
the.faculty of the School of Archi-
tecture and
Environmental Design, California Polytechnic State
University,
preferably an', architectural historian.
(c)
One member from
the Ornamental Horticulture faculty
of the California Polytechnic
State University.
`(d)
One member from
the Parks and Recreation Commission,
(e)
, Two .members selected at large.
}�
U
(f)
For a',period of
twenty (20) years from the date
hereof, the
seventh member of
the committee shall be an heir of
Robert Edgar Jack and Nellie Hollister Jack; the city residency
requirement may be waived for this member. Thereafter, this member
may be selected at large.
Committee appointments, tenure and rules of conduct shall
be the same as for other advisory bodies to the City Council, e.g.,
the Planning Commission.
8. To accept items of personal property for the permanent
collection of furnishings and artifacts, only upon majority approval
of the Committee. Likewise, to dispose, destroy and give away no
item of furnishings or artifacts without majority approval of the
Committee and then only with the approval of the City Council.
9. Should, at any time, the residence be destroyed by
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VOL 182. PAGE JL95
f
fire or other act of God, to continue to maintain the real
property for park purposes, such park to be known as "The Jack
Park ".
10. Not to sell or give away either the whole, or any
part of the real property.
In,the event of a violation of any of the covenants and
conditions'herein contained, or failure to comply therewith, said
City, and;any successor thereof - -shall forfeit all title to said
real and personal property and, in the event of any such for-
feiture, title to said;. real and personal property shall revert
to the descendants by law of intestacy of Robert Edgar Jack and
Nellie Hollister Jack. Should there be no then known descendants
of said Robert Edgar Jack and Nellie Hollister Jack, said property
shall vest in the County of San Luis Obispo for the uses herein
contained; provided, however, that if the County should not
accept said property or should fail to use it for the purposes set
forth herein, title to-said.property shall then vest in St. Stephen's
Episcopal Church of San Luis Obispo.
In consideration of the foregoing, the grantee herein
agrees to pay all county, city and special taxes or assessments
which are now a lien upon the real property and personal property
herein described, or which hereafter become a lien upon said real
and personal property.
Dated this io day of r c- 1975
Gertrude. Kathleen Kaetz
Kathleen Von Stein
M, W
XL 1828 PAG €19.11
STATE OF CALIFORNIA,
ss.
COUNTY OF SAN LUIS OBISPO, )
On /?0' 'A /0, ' 1975, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared MARGARET E. KAETZEL, GERTRUDE KATHLEEN KAETZEL, KATHLEEN
G. VON STEIN, VIRGINIA J TYNAN and PHYLLIS SINTON ,
known to me to be the persons whose names are subscribed to the
within instrument and acknowledged that they executed the same.
GEORGIA L FANT Georgia E. Fant
NOTARY PUBLIC
Notary P lic in and for said County and
= SAIL LUIS OB!SPO COUNTY
CALIFORNIA State.
My Ccmmissian Expires February 7, 1976
STATE OF COLORADO, )
ss.
COUNTY
On 1975, before me, the undersigned,
,�'a�,,lNo� "2kw'-Public in and for said County and State, personally
j,,ppea,e,,�JUDITH MEYER, known to me to be the person whose name is *16 -,_:•' S.# er• to the within instrument and acknowledged that she
ex °eyit the same. C4
Notary Public in and for said County and
State.
STATE OF CALIFORNIA, )
ss.
COUNTY OF Santa Barbara )
On March 12 1975, before me, the undersigned,
a Notary Public in and for said County and State, personally appeared
MELBA RETICKER, known to me to be the person whose name is subscri-
bed to the within instrument and acknowledged that she executed
the same. ,
** OFFICIAL SEAL
.�.� -cam G - lug",
f .. Lil,' L. i1a ..5 LUE E. DAVID
NOTARY PUBLIC - CALIFO�PI:A Notary Public in and for said County and
�'. P "CIPAL OFFICE IN
SANTA SARBA;A COUNTY State.
MY COMMISSION EXPIRES OCT. 29, 1976
— 5 —
VOL LO PAGE 1 1�,
C E R T I F I C A T E O F A C C E P T A N C E
THIS IS TO CERTIFY that the interest in real property
conveyed by the GRANT DEED dated MARCH 10, 1975, from
VIRGINIA J. TYNAN, aka VIRGINIA JACK TYNAN, PHYLLIS
SINTON,_aka PHYLLIS JACK SINTON, MARGARET E. KAETZEL,
aka MARGARET KAETZEL, GERTRUDE K. KAETZEL, aka KATHLEEN
KAETZEL and GERTRUDE KATHLEEN KAETZEL, KATHLEEN G.
VON STEIN, formerly KATHLEEN G. NORMAND, JUDITH MEYER,
formerly JUDITH KAETZEL, and MELBA RETICKER, Grantors,
to the CITY OF SAN LUIS OBISPO, a Political Corporation,
is hereby accepted by the undersigned officer on behalf
of the City Council pursuant to authority conferred by
Resolution No. 549 (1959 Series), recorded May 26, 1959,
Volume 1002, Official Records, Page 292, San Luis Obispo C4
County, California, and the Grantee consents to recordation 0
thereof by its duly authorized officer or his agent.
Date: MARCH 10, 1975
-VOL 1828 PAGE 198
t
RESOLUTION NO. 2761 (1975 Series)
A RESOLUTION OF THE COU14CIL OF THE CITY OF
SAN LUIS OBISPO ACCEPTING THE DEED TO THE
"JACK RESIDENCE" AND AUTHORIZING THE MAYOR
TO SIGN THE CERTIFICATE OF ACCEPTANCE AND
DIRECTING THE CITY CLERK TO RECORD SAID
DEED.
BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. The City of San Luis Obispo hereby accepts the deed
to the real property and the residence known as the "Jack
Residence" on Marsh Street and the City agrees to abide by
the terms and conditions of said deed.
2. The Mayor is authorized to execute a certificate
of acceptance on behalf of the City.
3. The City Clerk is directed to record said deed.
On motion of Mayor Schwartz, seconded by Councilman
N
Gurnee, and on the following roll call vote:
W
AYES: Councilmen Graham, Gurnee, Norris, Petterson, FP
and Mayor Schwartz
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 7th day
of April, 1975. rt
it KENNETH E. SCHWARTZ
Mayor .
ATTEST:
1 certify that the foregoing is a full, true and correct ,copy of
a Resolution passed by the City Council of the City of San Luis
Obispo, California, on _ APR 7 1975
J. H. F177PATRICK T
City Clerk ATRICK
���
clay 'clerk
R 2761
END OF DOCUMENT . VOL PACE 199