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Home My WebLink AboutD-974 Santa Rosa Street Widening Recorded 01/31/1977+ RECORDING REQUESTEIMM P. , AN6 WHEN RECORDED MAIL THIS DEED 'AND. UNLESS OTHER. WISE SHOWN BELOW. MAIL TAX STATEMENTS TO:. - NAY[ F Dept. of Transportation ADDII[1f P. 0. Box . L i STT7ArE a San Luis Obispo,_ CA 93406 6 zip L� Title Order No. Escrow. No. /en 5 r3 Q 1.80 -1.2 18.0 -12 -1 01/61 ;31F NUUUUU.UUSTHEL 4 798 DOC. NO. OFFICIAL RECORDS 974 SAN LUIS OBISPO CO., CAL 6on��f,l;-.o JAN 31. 1977 WILLIAM E. ZIMARIK COUNTY RECORDER ME —13 00 AM: SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT HEED The undersigned declares that the documentary transfer tax is S .............................. :..................... ............................... and is ❑ computed on the frill value of the interest or property conveyed, or is ❑ computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in ❑ unincorporated area ❑ city of ..................... ........ ....................... ............................... FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, hereby GRANT(S) to SHERMAN R. PORTER AND SHARON L. PORTER, husband and wife, as Joint tenants THE CITY OF SAN.LUIS OBISPO the following described real property in the county of , state of California: OT Z��SS50� Go��. 4ce {'° • _ .Syr {' C��a �Ty� �� . 4p�ZF I; I�/ '4 ro �L • re °° c�ec TES p � , _ Dated October 22, 1976 AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A ATTACHED HERETO AND COMPRISED OF ONE PAGE. STATE OF CALIFORNIA l - San Luis Obispo + COUNTY OF o —_ -- 1 i October 22 1976 On ? _ _ — _before me. the under. – signed, a Notary Public in and for said County and State, personally appeared Sherman R. Porter and Sharon L. 'Porter known to me to be the person S whose name S _subscribed to the within instrument and acknowledged that they executed the same. �L- -(.�tJ / � / [�" � ' ��✓�' fir -��/l . Signature of Notary . FOR NOTARY SEAL OR STAMP DORIS M. EECKHOUT NOTARY PUBLIC SAN LUIS OBISPO COUNTY CALIFORNIA My Commisslon Expires June 2, 1978 MAIL TAX. STATEMENTS TO PARTY SHOWN. ON FOLLOWING LINE; IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE Name Street Address City & State L -1 (G.S.) (Rev. 4 -75)• 8 pt. % ML1953 PACT 43 0• "EXHIBIT A" 040. That portion of Lot 1 in Block 33 of the Obispo, in the City of San Luis Obispo, filed for record May 1, 1878 in Book A, described as follows: PARCEL 180 -12 City of San Luis according to the map at page 168 of Maps, BEGINNING at a point on the Northeasterly line of Santa Rosa Street distant thereon, 50.00 feet Southeasterly from the Southeasterly corner of Peach and Santa Rosa Streets; thence Southeasterly along the Northeasterly line of Santa Rosa Street a distance of 50.00 feet, thence Northeasterly and parallel with the Southeasterly line of Peach Street a distance of 10.00 feet; thence Northerly and parallel with Santa Rosa Street a distance of 10.00 feet; thence Northerly and parallel, with Santa Rosa Street a distance of 50.00 feet, thence Southwesterly and parallel with the Southeasterly line of Peach Street to the POINT OF BEGINNING. PARCEL 180 -12 -1 A temporary easement for construction purposes over and across the following described parcel of land. BEGINNING at a point on the Northeasterly line of Santa Rosa Street distant thereon, 50.00 feet Southeasterly from the Southeasterly corner of Peach and Santa Rosa Streets, thence Northeasterly and parallel with the Southeasterly line of Peach Street a distance of 10.00 feet to the true POINT OF BEGINNING, thence Southeasterly and parallel to Santa Rosa Street a distance of 50.00 feet, thence Northeasterly and parallel to Peach Street a distance of 5.00 feet, thence Northwesterly and parallel to Santa Rosa Street a distance of 50.00 feet, thence Southwesterly and parallel to Peach Street a distance of 5.00 feet to the true POINT OF BEGINNING. Said temporary construction easement shall cease and terminate upon completion of construction, but in any event, shall cease and terminate not later than January 1, 1979. 1.44116'53 PALL 4 4 CERTIFICATE OF ACCEPTANCE THIS IS TO CE TIDY that the interest in real property conveyed by the Grant Deed dated October 22 , 19 76 from Sherman R. Porter and Sharon L. Porter 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 Ivay 26, 1969, in Volume 1002, Official I'�ecords, Page 292, 'an Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: DEC 7 1976 C B, ATTEST: v erk ; EN} Of DOOUMf [VOLIS53 PAC[ 45 STATE OF CALIFORNIA— BUSINESS AND TRAMTATION AGENCY ,3EPARTMENT OF TRANSPORTATION P.O. BOX L, SAN LUIS OBISPO 93406 TELEPHONE (805) 549 -3111 EDMUND G. BROWN' JR.. Governor February 14, 1977 R/W 05 -SLO -Santa Rosa Street Parcel No. 180 -12, -1 05430 - 130502 . City of San Luis Obispo P. 0. Box 321 San Luis Obispo, California 93406. Attention Mr. Wayne Peterson City Engineer Gentlemen: Returned for your files for the above referenced parcel are the following documents: the original, fully executed Right.of Way Contract and the recorded Grant Deed. Today, we requested cancellation of city and county taxes on this property. WAR, ..Friend District Right of Way Agent Acquisition Branch Enclosures (2) SAN CITY FNGI08/SP 0� a. 1586 Royal Way San Luis Obispo, California ' - October 22, , 19 76 SHERMAN R. PORTER, et ux. (Grantor) Dist. C t P.M. R W E.A. 05 - _ O _Riget - 13.0509 RIGHT OF WAY CONTRACT - CITY STREET Document No. 180 -12, -1 in the form of a GRANT DEED covering the property particularly described therein has been executed and delivered to RICHARD W. LOWDER , Right of Way Agent for the State of California, acting on behalf of the City of San Luis Obispo. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. The parties have herein set forth the whole of their agreement. The performance of this agreement constitutes the entire consideration for said document and shall relieve the City of San Luis Obispo of all further obli- gation or claims on this account, or on account-of the location, grade or construction of the proposed public improvement. 2. The City of San Luis Obispo shall: (A) Pay the undersigned grantor(s) the sum of $ 2,900.00 for the property or interest conveyed by above document(s) when title to said property vests in the City of San Luis Obispo free and clear of all liens, encumbrances, assessments, ease- ments and leases (recorded and /or unrecorded), and taxes, except: a. Taxes for the fiscal year in which this escrow closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservations of record, or contained in the above referenced document. c. Easements or rights of way over said land for public or quasi- public utility or public street purposes, if any. APPROVED BY DISTRICT 5 Dated 11-10- 2lv H. T!.. Bontzi er DeTsI-,ty District Director R?.f ht of Way ,,, � rm HR /W -2D (Rev. 7/69) Rental Proration) (B). Pay all escrow and recording fees incurred in this transaction, and if title insurance is desired by the City, the premium charged therefor. (C) Have the authority to deduct and pay from the amount shown in Clause 2(A) above, any amount necessary to satisfy any delin- quent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, and /or delinquent or nondelinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this contract. 3. Any or all moneys payable under this contract, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with the terms and conditions of said trust deed(s) or mortgage(s) shall, upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled thereunder; said mortgagee(s) or beneficiary(s) to furnish grantor with good and .sufficient receipt showing said moneys credited against the indebtedness secured by said mortgage(s) or deed(s) of trust. 4. The grantor(s) shall retain possession of the property conveyed up to and including the date of recording of the deed conveying title to City, upon compliance by the grantor(s) with the conditions of 'this contract. All rents collected by grantor(s) applicable to any period thereafter shall be paid to the City. I Either party hereto collecting rents to which the other party is entitled shall forthwith pay such amount to the other as is necessary to comply with the provisions of this clause. 5. Grantor(s) warrant(s) that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and the grantor(s) further agree(s) to hold the City harmless and reimburse the City for any and all of its losses and expenses occasioned by reason of any lease'of said property held by-any tenant of grantor(s) fora period exceeding one month. 6. The undersigned grantor(s) hereby agree(s) and consent(s) to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives) any and all claims to any money that may now be on deposit in said action. -2- 7. At no expense to grantors and at the time of street construction, the City, or its authorized agent, shall construct: A.. 53+ lineal feet of 2+ foot high poured concrete retaining wafil upon grantors' remainder property along Santa Rosa Street. B. Portland cement concrete steps aligning grantors' walkway. C. Portland cement concrete driveway aligning grantors' driveway. Any landscaping disturbed during said construction work shall be repaired or replaced in kind at no expense to grantors. It is understood and agreed that upon completion of the above described work, the retaining wall, steps, driveway and landscaping shall be considered as the sole property of the grantors, the maintenance and repair of said property to be that of the grantor. The driveway and driveway apron shall be operated, maintained and repaired in accordance with the ordinances, rules and regulations of the City of San Luis Obispo. Permission is hereby granted the City, or its authorized agent, to enter upon grantors' land, where necessary, for constructing improve- ments described herein and all incidents relating to such construction. 8. This transaction will be handled through an escrow with SAFECO Title Insurance Company, San Luis Obispo; their No. 103539. 9. It is agreed and confirmed by the parties hereto that notwith- standing other provisions in this contract, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on August 1, 1976 or the close of the escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2(A) herein includes, but is not limited to full payment for such possession and use, including damages, if any, from said date. 10. All work done under this agreement shall building, fire and sanitary laws, ordinances, to such work, and shall be done in.a good and structures, improvements or other facilities, or reconstructed by the City, shall be left i n 3 conform to all applicable and regulations relating workmanlike manner. All when removed, and relocated, as good condition as found. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Redbu6nenAd foriAwDr v CI W - I If _ V � -- District Right of Way Agent B Acquisition Branch y 180 -12 Affects Parcel Nos. 180 -12 -1 5 -SLO -City of San Luis Obispo Santa Rosa Street R I G H T ' 0 F ENTRY Date: . �6— City of San Luis Obispo V P. 0. Box 331 San Luis Obispo, CA 93406 Attention Mr. Kenneth Schwartz, Mayor Gentlemen: Permission is hereby granted to the City or its authorized agent(s) to enter upon our land, as shown shaded in red on the 'attached map, for the purpose of constructing or improving'a public street and accomplish- ing all necessary incidents thereto. It is understood that this permission is not a waiver in any way of the right to compensation for such land or of any remedy authorized #by law to secure payment therefor. This permission is granted on the understanding that you will hereafter without unnecessary delay, negotiate with the undersigned, and any other person, if any, having any right, title or interest in said property, to agree upon terms of compensation, and that, if any agreement cannot be reached, you will promptly commence, eminent domain proceedings to have such compensation determined. This permission is granted in consideration of the location, improvement and construction of such street and incidents, thereto, which it is understood is required by the City of San Luis Obispo, and shall continue in effect pending such negotiations, or until a reasonable time after you have been requested by the undersigned to commence eminent domain proceedings. It is further agreed that the City shall pay the grantors herein, interest at the rate of seven percent (7 %) per annum on the total compensation that shall be paid the grantors, whether payment is made through negotiations or condemnation judgment. Payment of said interest shall be computed from the date of physical possession by the City to the date of settlement by either Right of Way Contract or condemnation t,F' ° judgment. RECOMMENDED FYAPP VAL : 4 ',R�V7"t�oif Way Agent Acquisition Branch Deputy DistricWDirecfor- - + - Right•.of Way:. Ver t my yo -� ACCEPTED: CITY OF SAN LUIS OBISPO Ir'c r I iA +.r .,`, �ar{L. I � �•" -�� d S .`f(1 + 11 t- �..\ ,I ��.. •.1 Lli �YL ' V i',i+iti 'yY? `�- I 7 � c ' la � 1 � ': I I• t' a v �p tY t� � y I � 1 ,�f ' � ;41•u' � � '' r ' 1` i •t 714* � / . �� I I 'iS r � \,1 O w •a I toys - 5 I � A ', pRF S1 I tt4s ly rl ylr �� pn A ^� 1 _ ` of 10 A; it 1; 1� � ' el • O MI } a Y + I -• J t t + 1 v r� t +• fl' /� t �, f•�1 t' t I +, Iri 7 F,C(i .t �t �.•� ?rho /� C 1.. r ly •. 1 + , ;,ir•,t;� 40i �b rr�� v �� L ' y 1 r_` � '.1 , 'rr + �� . _ \ l � y- � Y � } yr � �I 1 �q�` r° 1 ti 1 r • Ir'c r I iA +.r .,`, �ar{L. I � �•" -�� d S .`f(1 + 11 t- �..\ ,I ��.. •.1 Lli �YL ' V i',i+iti 'yY? `�- I 7 � c ' la � 1 � ': I I• t' a v �p tY t� � y I � 1 ,�f ' � ;41•u' � � '' r ' 1` i •t 714* � / . �� I I 'iS r � \,1 O w •a I toys - 5 I � A ', pRF S1 I tt4s ly rl ylr �� pn A ^� 1 _ ` of 10 A; it 1; 1� � ' el • O MI } a Y + I -• J t t + 1 v r� t +• fl' ty +y IPA, 1 i � ( i + h r ly ;,ir•,t;� , -� q�l.�v rr�� I i ; ALA. ty +y IPA, 1 i � ( i ly ;,ir•,t;� , -� q�l.�v rr�� I i ; ALA. ty +y IPA, 1 i � ( i RESOLUTION NO. 3194 (19 76 Series) A RESOLUTION OF THE COUNCIL. Or' THE CITY OF SAN LUIS OP,ISPO- APPROVING AN AGREEMENT BETWEEN `1'HE CITY AND SHERMAN R. PORTER AND SHARON L. PORTER FOR SANTA'ROSA STREET WIDENING RIGHT OF,WAY. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That certain agreement, a copy of,which is on file in the Office of the City Clerk, between the CiL-y.and Sherman R. Porter and Sharon L. Porter for right of way acquisition for Santa Rosa Street widening is hereby approved and the Mayor is authorized to execute same. 2. The Citv Clerk shall furnish a copy of this Resolution together with a copy of the agreement approved by it to: Sherman R. Porter and Sharon. L. Porter.and the City Engineer. On motion of Councilman L Pettergon seconded by Councilman Graham and on the following roll call vote: AYES: Councilmen Graham, Gurnee, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 7th day of December , 1-976 ATTEST: Approved,, as to form: WENDT, MITCHELL, SINSIIEIMER, de 1a . MO'=f TE & LILLEY A Professional Corporation. City At BY Allen'Grimes TOMMY'TOOK 'ORIGINAL DEED MARCH, 1977, (DEED N0. 974.) FOR CORRECTING, HE,8 SAID. 974 974