Loading...
HomeMy WebLinkAboutD-976 Santa Rosa & Higuera Santa Rosa Widening Recorded 12/06/1976L e .v 0 m m 0 a v nC. to 6 it � a M STATE OF CALIFORNIA COUNTY OF ,San Luis Obispo } SS. On October 24, L976 ) before the, the undersigned, a Notary Public in and for said County and State, personally appeared F'dL Son A F'rene-h and Frances A French known to me to be the persons whose name—S---are--subscribed to the within instrument and acknowledged that th-OUexecuted the same. Shzr eR._ West 976 0 SAFECD FOR NOTARY SEAL OR STAMP [vW jLZj V PACE . -; SHMIEY R. (NEST f . SIi.! Lv.S CJ ..7'3 COUNTY � �A� ^J �-- My Commission I1 f !� �� C ":�1 i7 \I \d� Expires July 29, 1977 [vW jLZj V PACE 6 RE" 0 6 0 pr rAX _, ,,,F ,CORDING REQUESTED'BY • o 306 I o 6� 11418.9 J 1 SAF'ECO. TITLE INSURANCE COMPANY .` CITY OF SAN .LUIS OBISPO AND WHEN RECORDED MAIL TO Name I City of Sall Luis Obispo Street P.O. Box 321 Addrms San Luis Obispo, CA 93406' City & State I MAIL TAX STATEMENTS TO DOC. NOr 49913 " °m° OFFICIAL RECORDS See -above - SAN LUIS OBISPO CO., CAL Street Address DEC 61976 � City a c1®PAREp State L WILLIAM E. ZIMARIK COUNTY RECORDER TIME 2 95 0 PH SPACE ABOVE THIS LINE FOR RECORDER'S USE Individual Grant Deed THIS FORM FURNISHED 6Y TICOR TITLE INSURERS 2- 417 -ni To 1923 CA (12 -74) ., -. The undersigned grantor(s) declare(s) Documentary transfer tax is $ 48-95 (X ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (X) City of San Luis Obispo and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, EDISON A. FRENCH and FRANCES A. FRENCH, husband and wife, hereby GRANT(S) to The City of San. Luis Obispo, A Municipal Corporation the following described real property in the City of Sail Luis Obispo County of Sari Luis Obispo , State of California: That portion of Lot 1-in Block 29 of the Buckley Tract in the City of San. Luis Obispo, County of San Luis Obispo, State of California according to the map of said.Tract filed for record November 15, 1883 in Volume A at page 46 of Maps. 'BEGINNING at the - intersection of the - Southerly line of Higuera Street and the Easterly line of Santa Rosa Street thence Southeasterly along the Easterly line of Santa Rosa Street a distance of 124.7 feet more or less to the Northerly line of a 20 foot alley, thence Northeasterly along the Northerly line..of said alley a distance of 10.00 feet, thence Northwesterly parallel to Santa Rosa Street to the Southerly line of Higuera Street thence. Southwesterly along said'Southerly line of Higuera 10.00 feet to the POINT OF BEGINNING. Dated �C � Z / 1,9 74!f STATE OF CALIFORNIA COUNTY OF San T, i 's ObtiGnn SS.. On a_-L,3.bg32 24 Z976 before me, the under- signed, a Notary Public in and for said State, personally appeared _Rdasign -A 'PBneh Qndi3'6a4ee$ Prcneh 1t�J WPM Signatur Shirley West (This area for official notarial seal) Title Order No. Escrow or Loan No.- 106819 de MAIL TAX STATEMENTS AS DIRECTED ABOVE �,.. r� VO, i940 PAG[ 222 tj known to me °'- - to be the person _ whose nam p ��$ subscribed to the within -err, o instrument and acknowledged that the - executed -the same: commission , Expires July 24, WITNESS my hand and official seal. My Signatur Shirley West (This area for official notarial seal) Title Order No. Escrow or Loan No.- 106819 de MAIL TAX STATEMENTS AS DIRECTED ABOVE �,.. r� VO, i940 PAG[ 222 tj 0 O Z- o ®L a � < �z f1 m i 0 0 r � m q� m AA !9/ o _� f1 Z® ®� CL mm r`L °� n �� � � 05 O We CL � CM cD C 0 r m Ln CL r CD z 9 F� m A 0 m m m 0 0 M m A4 A = cn 0 qq ® CL M M r-* o n 6 Ul .... pp ©. _. 00 ® me CL o� CM (D W >.m CL rm m z Z :a A m m m >F n Z- 0 az O m CMLL D A D —I Zq 1 Y m •T FROM THE DESK OF -HOWARD MANKINS City of San Luis Obispo Post Office. Box 321 San Luis Obis o, Ca . 93406 SUPERVISOR, P FOURTH DISTRICT Attention: City Clerk, J.H. Fitzpatrick Dear Mr. Fitzpatrick: Thank you for the letter of January 13th regarding the acquistion of property for the purpose of street widening-.- I have referred your letter to the Agenda'Clerk for placement on the Agenda of January 24th. January 17, 1977 Sincerely, HOWARD MANKINS Chairman and Supervisor, Fourth District San Luis Obispo County HM:d r s J O - a. do fbo m r T CERTIFICATE OF ACCEPTANCE THIS IS TO CEI TIFY that the interest in real property conveyed by the Grant Deed dated October 24, , 19 76 , from Edison A. French and Frances A. French 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 Iv_ay 26, 1959, in Volume 1002, Official r�ecords, Page 292, Z.an Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent.. Date:l%��� 04D OF DOCUMENT By F SAN LUIS OBISPO 14 CD Cd N G? Original - ------- _ - -. —_ -- •Ca�_ifornia Project TO 1067 19 Project Name: Santa Rosa at Higuera Grantor(s) Parcel No: Ptn. Lot 1, Blk. 29 RIGHT OF WAY CONTRACT Instrument No.Ptn. Lot. .1, Blk. 29in the form of a Grant Deed covering the property particularly described in the above instrument, has been executed and delivered to Douglas L. Jones, .Real Property Agent for the City of San Luis Obispo hereinafter referred to as City In consideration of which, and the other considerations herL.:-inafter set fort'1; 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 all.further obligation or claims on this account., or on account of the location, grade or construction r ei« proposed public improvement. 2. The City shall:. A. Pay the undersigned grantor(s) the sum of $ 44,053.00 for the property or interest therein as conveyed by the above referenced instrument, within sixty (60) days after date title to said property vests id the City free and clear of all liens, encumbrances, assessments, easements and leases (recorded and /or unrecorded) and taxes except: 1. Taxes for the fiscal year in which this escrow closes shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code. From the amount shown in Clause 2(A) above., the City is authorized to pay any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, delinquent or non - delinquent assessments or bonds except those which title is to be taken subject to in accordance with the terms of this contract. '2. Convenants, conditions, restrictions and reservations of record, if any. J . hasements or rights of way over .said land for public or. quasi- public utility or public street purposes, if any. ACO 14.1 6/16 B. Pay all escrow and recording fees incurroe in this transaction, and, if title insurance is desired by the City till. premium charged therefor, and documentary transfer tax, iE required. Said escrow and recording charges shall not, however, include reconveyance fees, trustee's fees, or forwarding fees for any full reconveyance or full release of mortgage. 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, together with penalty (if any) for payment in full in advance of maturity, 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 tle date of recording of the deed conveying title to City upon compliance by the grantor(s) with the conditions of this contract. 5. All rents shall be prorated as-of the day following the date of recordation of the deed conveying title to City All rents from the property up to and including this day shall be paid to the grantor(s). All rents collected by grantor(s) applicable to any period thereafter shall be paid to the Lessee 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 witi-I the provisions of this clause._ 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 waive(s) any and all claims,to any money that may now be on deposit in the Superior'Court - :or 'with the "State 'Treasurer in said action. It is agreed by and between the parties hereto that should the deed',; referre& to on the face of'this contract be recorded on or after July ].,. 1977 the taxes set forth in Paragraph 2Al will�be considered as having become 'delinquent in €t prior fiscal year and that payment for said delinquent taxes may be made in accordance with the provisions set forth in said Paragraph 2A1. This Right of Way'Contract constitutes the entire understanding between . the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or under- standings, written written or oral. This contract may not be amended except in writing by the parties hereto or their assigns. $. All other provisions of this Contract are contained in Exhibit A, which is attached hereto and made a part hereof by reference,.-if applicable. Exhibit A is (X) is not ( ) applicable. ' ACQ 14.2 6/76 If 6 7 All rents shall be prorated as-of the day following the date of recordation of the deed conveying title to City All rents from the property up to and including this day shall be paid to the grantor(s). All rents collected by grantor(s) applicable to any period thereafter shall be paid to the Lessee 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 witi-I the provisions of this clause._ 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 waive(s) any and all claims,to any money that may now be on deposit in the Superior'Court - :or 'with the "State 'Treasurer in said action. It is agreed by and between the parties hereto that should the deed',; referre& to on the face of'this contract be recorded on or after July ].,. 1977 the taxes set forth in Paragraph 2Al will�be considered as having become 'delinquent in €t prior fiscal year and that payment for said delinquent taxes may be made in accordance with the provisions set forth in said Paragraph 2A1. This Right of Way'Contract constitutes the entire understanding between . the parties with respect to the subject matter hereof, superseding all negotiations, prior discussions, and preliminary agreements or under- standings, written written or oral. This contract may not be amended except in writing by the parties hereto or their assigns. $. All other provisions of this Contract are contained in Exhibit A, which is attached hereto and made a part hereof by reference,.-if applicable. Exhibit A is (X) is not ( ) applicable. ' ACQ 14.2 6/76 Dated: `qz�— Dated: % /— �C /�� � Recommended for approval: B �- C� oeir'rQ By l �y Real Pr6perty Agent Approved as to form - WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City Attorney By &g& e— ADO Dale C. Mitchell ACQ 14.3 6/76 Grantor(s) 11LE11616M r. I NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. r � r i EXHIBIT A 1. It is mutually understood that there is no tenant in occupancy and that any prospective tenant leasehold right is terminated pursuant to grantors lease wherein acquisition by a public entity with the power of eminent domain terminates the lease. 2. Payment in paragraph 2A includes payment for the approximately 6200 square foot brick building lying within the aforementioned Instrument and extending approximately 40 feet easterly therefrom. 3. Grantor hereby consents and City hereby agrees to remove said building and the slab and foundations; and to terminate all utility lines in conformance with City Building Department specifications, and to leave the property in a clean and presentable condition within 120 days after title vests in the City. 4. Grantor consents to use of that portion of grantors remaining property by City, its agents or assigns as shown in the attachment to Exhibit A marked "Plot Plan" and attached hereto, for a period of 120 days after title vests in the City. f. 0 • c 4 �b I 4� PLOT PLAN /// 9 P,qcra S.f edwi. `'`,.....120 DAY CITY USE Sak /.30 Duplicate Original •Cali tornia Project A 1067 Grantor(s) 19 Project dame: Santa Rosa at Higuera Parcel rho: Ptn. Lot 1, Blk. 29 RIGHT OF 14AY CONTRACT Instrument 1`1o.Ptn. Lot 1, Blk. 29in the form of .a Grant Deed covering the property particularly described in the above instrume.nt,.has been executed and delivered to Douglas L., Jones, Real Property Agent for the City of San Luis Obispo , hereinafter referred to as Ci In consideration of which, and the other considerations hereinafter set forth, it.is mutually agreed as follows: l.. The parties have herein set forth the whole of their aoree_ment. The Performance of this- agreement constitutes the entire consideration for said document and shall relieve the City of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public .improvement. 2. The Cit ACQ'1'4.1 6/76 shall: A. Pay the undersigned grantor(s) the sum o property or interest therein as conveyed instrument, within sixty (60) days after vests in the City encumbrances, assessments, easements and unrecorded) and taxes except: E $ 44,05.3.00 for the by the above referenced date title to said property _free and clear of all liens, leases (recorded and /or 1. Taxes for the fiscal year in which this escrow closes shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code. ^ From the amount shown in Clause 2(A) above., the City is authorized to pay any delinquent taxes due in any fiscal year except the fiscal year in which this escrow closes, together with penalties and interest thereon, delinquent or non - delinquent assessments or .bonds except those which title is to be taken subject to in accordance with the terms of this contract. 2. Convenants, conditions, restrictions and reservations of record, if any. 3. Easements or rights of way over said land for public or quasi public utility or public street purposes, if any. Pa all escrow and recording fees incurr in this transaction, �. y ed and, if title insurance is desired by the City the premium charged therefor, and documentary transfer tax, if requixc!d. Said escrow and recording charges shall not, however, include reconveyance fees, trustee's fees, or forwarding fees for any full reconveyance or full release of mortgage. 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, together with penalty (if any) for payment in full in advance of maturity, 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 toe date of recording of the deed conveying title to city upon compliance by the grantor(s) with the conditions of this contract. 5. 6. All rents shall be prorated as of the day following the date of recordation of the deed conveying title to City All rents from the property up to and including this day shall be paid to the grantor(s). All rents collected by grantor(s) applicable to any period thereafter shall be paid to the Lessee 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.wi,th.'.• the provisions of this clause. , The undersigned grantor(s) hereby agree(s) and conserit(s) to the dismissal.` of any eminent domain action 'in the Superior Court wherein.the herein described land is included and also waive(s)--any,and all claims to;any money that may now be on deposit in the Superior Court or with the State Treasurer in said action. i It is agreed by.and between the parties hereto that-,should'the deed,; -ref erred to on the face of this contract be recorded.on.or after .� ly .l, 1977 , the taxes set forth in Paragraph 2A1 will be considered as, having become delinquent in a prior fiscal year and that payment. for said delinquent taxes may be made in accordance with the provisions set forth, in said Paragraph 2A1. This Right of Way Contract constitutes the entire understanding between the parties with respect,to the subject mater hereof, superseding all negotiations, prior discussions, and preliminary agreements or under standings, written or oral. This contract may not be amended,except in'writing by the parties hereto or their. assigns. - , S. All other provisions of this Contract are contained in Exhibit A,. which is attached hereto and made a part hereof by reference,:if applicable. Exhibit A is (X) is not ( ) applicable. ACQ 14.2 6%76 Dated: \ - \n� -- Dated: Recommended for approval: Grantor(s) TY OF SAN LUIS B K NNE H E.f5CHWARTZ By FITZPATRICK, G<T J Approved as to form - WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY City At By Dale C. Mitche 1 NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. ACQ 14.3 6/76 EXHIBIT A 1. It is mutually understood that there is no tenant in occupancy and that any prospective tenant leasehold right is terminated pursuant to grantors lease wherein acquisition by a public entity with the power of eminent domain terminates the lease. 2. Payment in paragraph 2A includes payment for the approximately 6200 square foot brick building lying within the aforementioned Instrument and extending approximately 40 feet easterly therefrom. 3. Grantor hereby consents and City hereby agrees to remove said building and the slab and foundations; and to terminate all utility lines in conformance with City Building Department specifications, and to leave the property in a clean and presentable condition within 120 days after title vests in the City. 4. Grantor consents to use of that portion of grantors remaining property by City, its agents or assigns as shown in the attachment to Exhibit A marked "Plot Plan" and attached hereto, for a period of 120 days after title vests in the City. PLOT PLAN A9W «a. S IVY, 77/ ;' Yt r I I I I I �a I �w...120 DAY CITY USE Ll =I - =--17- yak /.:go RES*TTION NO. 317419 76 Seril A RESOLUTION OF.THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND EDISON A. FRENCH AND FRANCES A.FRENCH FOR CITY ACQUISITION OF.PROPE RTY AT SANTA ROSA AND HIGUERA STREETS. 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 City and.Edison A. French and Frances.A. French, Right of Way Contract for Project No. 1067, Santa Rosa and Higuera Streets, is hereby approved and the Mayor is authorized to execute same: 2. The City Clerk shall furnish a copy of this Resolution together with a.copy of the agreement approved by it to: Safeco Title Company. On motion of Councilman Graham , seconded by Councilman Petterson and on the following roll call vote': AYES: Councilmen Graham, Norris, Petterson and Mayor Schwartz NOES: None ABSENT: Councilman Gurnee the foregoing Resolution was passed and adopted this 3rd day of November 1976 . R 3174