HomeMy WebLinkAbout09/21/2004, C4 - APPROVAL OF SETTLEMENT AGREEMENTS FOR FOOTHILL BRIDGE council M�D�Sept 21, 2004
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C I T Y O F SAN L U I S O B I S P O
FROM: Michael D. McCluskey, Director of Public Works
Prepared By: Barbara Lynch Civil Engineer
SUBJECT: APPROVAL OF SETTLEMENT AGREEMENTS FOR FOOTHILL
BRIDGE
CAO RECOMMENDATIONS:
1. Adopt a resolution approving the settlement agreements with the three affected property
owners adjacent to the Foothill Bridge construction project.
2. Reduce the encumbrance to Meyers Nave by$ 31,000 to fund settlement payments.
3. Authorize Finance to issue payments as outlined in the settlement agreements including
interest.
DISCUSSION
On February 17'' and March 15` of this year, the City Council took action to initiate
condemnation action to obtain necessary easements for the construction of the Foothill Bridge.
During the last several months, staff has been negotiating a settlement with the property owners
to prevent the matter from going to court.
Staff has reached an agreement with all three property owners. The Council reviewed the
background and justification for the settlements in closed session on September 7th and has
directed staff to bring approval of the settlements to this meeting for public action.
FISCAL IMPACT
The Settlement Cost includes the agreed upon settlement amount and the interest accrued from
the date of possession to the time the check is anticipated to be issued. The original
encumbrance for Meyers Nave, the attorneys assisting the City with the condemnation action,
was $70,000. Given that staff has been able to reach a settlement with the affected properties, it
is not anticipated that more than half of the encumbered funds for legal services will be required,
leaving adequate funds to support the settlement payment. The City has been receiving interest
payments from the State on the money deposited in the condemnation fund which will offset the
bulk of the interest due the owners.
Properties:
1. Sierra Vista (Tenet Healthcare)
Sierra Vista has agreed to the original amount proposed. The settlement agreement formalizes
.that agreement and provides for the filing of the easements.
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Foothill Bridge Settlement Agreements Page 2
2. Stan Mark Apartments
This property, more than the other two, will "feel" the impact of the construction. Not only is it
immediately adjacent to the construction, but the driveway to the apartments remains
inaccessible Monday through Friday. The reason the appraisal was much higher for this property
than the other properties, was because it was determined the apartments would have to be rented
at a depressed rate in order to fill the units if parking could not be offered. The City is
essentially making up the difference in the amount of rent that will be collected at the reduced
rate and that which would normally be collected. The owners of the Stan Mark Apartments
continue to express concerns about the project and its impact on their property. At this point, it
appears much of that fear has been allayed because the apartments appear to all have tenants for
the coming year.
The owner asked for an additional $10,000 in compensation to pay for their time, that of their
property manager and their attorney to deal with the City's easement request and the resulting
impact on their leasing arrangements. Staff consulted with the condemnation attorney and
offered a lesser amount, which they accepted.
In addition to a fixed payment, the settlement agreement for the Stan Mark Apartments contains
some miscellaneous items requested by the owners. These are covered in Section 3.
"Representations and Warranties" of the agreement. They have requested some minor
accommodations for pedestrians including a path on the west side of their building and some
lighting. These costs are expected to be minor. Of more particular interest to the Council is item
G. of this section. It states that the City will consider additional payment at a future date if the
lack of parking has caused additional rent losses to the owners beyond those foreseen in the
appraisal. The owners are concerned the lack of access to the parking at Stan Mark Apartments
will negatively affect their ability to lease. As mentioned previously it appears that all the units
have tenants and staff does not expect a claim for additional losses.
3. Stenner Glen
Stenner Glen is giving up eight parking spaces for a period of.two years to allow for material
storage and access to the creek. The original appraisal ($7;300) was only for the amount that the
tenants pay to rent those spaces. The owner, however, argued along the same lines as the owners
of Stan Mark Apartments, that inability for the owner to provide parking directly affects their
ability to rent their units. The owners requested a total of $40,000 in lieu of the offer made.
Staff looked again at the value of the easements taking a similar approach to that used to
determine the appraised value of the easements for Stan Mark Apartments. A revised offer of
$30,000 was extended to the owner, which was accepted.
Settlement Summary
The following table summarizes the original appraised value, which is the amount already on
deposit in the State condemnation fund, and the amount that staff is recommending the City
settle for. Following the table is a discussion of the considerations leading staff to make the
proposed settlements.
Foothill Bridge Settlement Agreements Page 3
Appraised Value Settlement Cost Difference Attorney Fees to Date
Stenner Glen $7,300 $30,000.00 $22,700.00
Stan Mark $112,400 $120,420.30 $8,020.30
Sierra Vista $19,000 $19,082.50 $82.50
Total $138,700 $169,502.80 $30,802.80 $21,886
ATTACHMENTS
Attachment 1 - Resolution
g:lcurrom projectstndgesl90197 foothill stenner bndgeldocum nt5k1-staff mports\90197d settle row.doc
ShD=t on I:driw
RESOLUTION NO. (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING SETTLEMENT AGREEMENTS FOR
FOOTHILL BRIDGE EASEMENTS
WHEREAS, the City Council authorized eminent domain proceedings to obtain easements
for the construction of the new Foothill Bridge; and
WHEREAS, staff has negotiated settlements with the affected property owners to wit:
Select Income Properties 6; Sierra Vista Hospital, Inc. (Tenet Healthcare); and Stan Mark, LLC.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the settlement agreements, attached and incorporated herein as Exhibits A, B and C, are hereby
approved and the Mayor is authorized to enter into said agreements on behalf of the City.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2004.
David F. Romero, Mayor
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jo ata . Lowell, City Attorney
R l ,,4 ^ `
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uaI.W'0 5
SETTLEMENT AND PURCHASE AGREEMENT
This Settlement and Purchase Agreement("Agreement"}is entered into as of this day
of June, 2004,between SIERRA VISTA HOSPITAL, INC., a California corporation and SIERRA
VISTA HOSPITAL, INC.,a California corporation, doing business as SIERRA VISTA REGIONAL
MEDICAL CENTER(collectively"Owner");and the CITY OF SAN LUIS OBISPO,a Municipal
Corporation ("City"or
RECITALS
A. Owner is the owner of that certain real property located within the City of San Luis
Obispo, San Luis Obispo County, California,also known as Assessor's Parcel Number 052-181-
019 and 052-181-022("Real Property").
B. City desires to purchase permanent and temporary construction easements in,
over,across and upon the Real Property,hereinafter referred to as the"Easements°.
C. City has the power of eminent domain pursuant to the laws of the State
of California. City has initiated an eminent domain lawsuit against Owner, identified as San Luis
Obispo County Superior Court No.CV 040182. City and Owner have reached an agreement by
which City shall acquire the Easements pursuant to the terms and conditions contained herein.
D. City desires to purchase the Easements from Owner,and Owner desires
to grant the Easements to City on the terms and conditions contained in this Agreement.
NOW,THEREFORE,for valuable consideration,and subject to all terms and conditions
hereof,City and Owner agree as follows:
1. PURCHASE AND SALE.
Pursuant to the terms and conditions contained in this Agreement, Owner hereby agrees
to grant the Easements to City and City hereby agrees to accept the Easements from Owner.
2. PURCHASE PRICE.
A. The purchase price("Purchase Price")for the easements shall be NINETEEN
THOUSAND and NO/100 DOLLARS($19,000), payable by City to Owners in cash within the
period of time set forth in Section 2(C)below.
B. Owner shall have executed in recordable form the Grants of Easement("Deeds'
attached hereto as Exhibit A and deliver said Deeds to City within ten(10)days of the date of this
Agreement is executed. City shall execute a Certificate of Acceptance of said Deeds and deposit
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them with the County Recorder for recordation within ten(10)days of the date City receives the
executed Deeds from Owner.
C. Within ten(10)days of the date City receives the executed Deeds from
Owner,City shall cause to be filed with the San Luis Obispo Superior Court a Petition for Refund of
the deposit on file with San Luis Obispo County in this action. Said petition shall request an order
from the Court that the$19,000 previously deposited by City for the benefit of defendants in the
eminent domain action be withdrawn from the deposit and made payable directly to City, in care of
its counsel at the address indicated in Section 8 herein. Buyer shall pay the purchase price of
$19,000 to Owner not later than thirty(30)days following Buyer's receipt of the executed Deeds.
3. REPRESENTATIONS AND WARRANTIES.
A. City hereby represents and warrants to Owner that(i)it has the legal power, right
and authority to enter into this Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (ii)all requisite action has been,taken by City
in connection with the entering into of this Agreement and the instruments referenced herein, and
the consummation of the transactions contemplated hereby;and (iii)no consent of any other party
is required.
B. Owner hereby represents and warrants to City that(i) it has the legal power, right
and authority to enter into the Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (ii)all requisite action(corporate,trust,
partnership or otherwise)has taken by Owner in connection with the entering into this Agreement.
and the instruments referenced herein,and the consummation of the transactions contemplated
hereby;and(iii) no consent of any other party is required.
C. The project for which City requires said temporary construction easements is the
Foothill Bridge Replacement Project. City's contractor shall carry general comprehensive
insurance having not less than One Million($1,000,000.00)Dollar coverage,and said contractor
shall be bonded for performance.
D. In the even that said Real Property is damaged during the construction of said
Project, Owner shall notify City within geven (7)days of said damage and City shall cause its
contractor to repair said damage as soon as is reasonably possible.
E. The City agrees to restore the subject property to its existing condition as is
reasonably possible upon completion of the Project.
EXHI �,� j 11�
F. Owner warrants that there are no leases on the property.
G. This agreement between Owner and City is subject to approval by the City Council
of the City of San Luis Obispo.
4. INDEMNIFICATION.
City shall save, defend, indemnify and hold harmless, Owner,its directors,officers,
employees and agents,successors and assigns(herein collectively called"Indemnified Parties")
from and against any and all suits,actions,legal or administrative proceedings,claims,demands,
actual damages,fines, punitive damages,losses, costs, liabilities, interest,attorneys fees
(including any such fees and expenses incurred enforcing this indemnity)(herein collectively called
"Damages arising from the construction of said project. The covenants set forth in this Section
shall survive delivery of the Deed.
5. DISMISSAL OF EMINENT DOMAIN ACTION &RELEASE OF LIS PENDENS.
City shall dismiss said eminent domain lawsuit upon recordation of the graht•of easement,
and City shall record a Release of Lis Pendens.
6. RELEASE OF CLAIMS.
Owner hereby releases and forever discharges, on behalf of the Owner, and its partners,
affiliates, creditors,successors, assigns, heirs, executors and administrators,the City and the
City's Council Members,and City's employees,agents, contractors and affiliates from any and all
demands,claims or causes of action against the City of San Luis Obispo arising out of or
pertaining to the acquisition of the Easements in Owners Real Property, including but not limited to
any claims for just compensation, litigation expenses,attorneys fees and costs including,but not
limited to,costs incurred to defend the lawsuit,statutory relocation assistance and/or benefits,loss
or damages for inverse condemnation,unreasonable precondemnation delay,or unreasonable
precondemnation activities. In giving this release,the Owner and Sublessee waive the protection
of Civil Code Section 1542,which statute provides as follows:"A general release does not extend
to claims which the creditor does not know or subject to exist in his favor at the time of executing
the release,which tf known by him must have materially affected his settlement with the debtor."
T. GOVERNING LAW. •'
This Agreement shall be construed and enforced in accordance with the applicable laws of
the State of California.
C� � 1
to d b G lii
lip
8. NOTICE.
All notices or other communications required or permitted hereunder shall be writing,and
shall be personally delivered,sent by national overnight courier service, sent by facsimile
transmission, if also sent by one of the other methods provided in this Section,or sent by
registered or certified mail,first class postage prepaid, return receipt requested,and shall be
deemed received upon the earlier of(i)the date of delivery to the address of the person to receive
such notice; (ii)the date of the facsimile;or(iii)three(3) business days after the date of posting
with the United States Postal Service at the following addresses:
To Owner:
To City With Copy to:
Barbara Lynch Jonathan Lowell
City of San Luis Obispo City Attorney, City of San Luis Obispo
955 Morro Street 990 Palm Street
San Luis Obispo, CA 93401 San Luis Obispo, CA 93401
Notice will be effective or deemed effective on the date of delivery, if personally delivered
or sent by facsimile or courier service,or K mailed, three(3)days after deposit with the United
States Postal Service. Arty party to this Agreement may change its address for receipt of notices
by giving notice of such changes to the other party in the manner set forth in this Section. Neither
the rejection of a notice by the addressee or the inability to deliver a notice because of a change of
address for which no change of address notice was received, shall affect the date on which such
notice is deemed received.
9. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and every
provision hereof in which time is a factor.
B. Entire Agreement. This Agreement,including the Exhibits attached hereto,
contains the entire agreement between'the parties pertaining to the subject matter hereof and fully
supersedes any and all prior agreements and understandings between the parties. No change in,
modification of or amendment to this Agreement shall be valid unless set forth in writing and signed
by all of the parties subsequent to the execution of this Agreement
C. Further Assurances. Each of the parties agrees that it will without further
consideration execute and deliver such other documents and take such other action as may be
reasonably requested by the other party to consummate more effectively the purposes or subject
matter of this Agreement.
D. Successors. Subject to the provisions of this Agreement,this Agreement shall be
binding upon and shall inure to the benefit of the parties hereto,and their respective heirs,
executors, representatives,successors and assigns.
E. Severability. In the event any provision of this Agreement shall be determined by
a court of competent jurisdiction to'be invalid or unenforceable, such invalidity or unenforceability
shall be effective only to the extent of such determination and shall not prohibit or otherwise render
ineffective any other provision of this Agreement.
F. Exhibits. References herein to exhibits are to Exhibit A,attached hereto,which
exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts,each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
Signature pages may be detached from the counterparts and attached to a single copy of this
Agreement to physically form one document.
IN WITNESS WHEREOF, City and Owner has executed this Agreement as of the date first
written above.
APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO.
omey DAVID F.ROMERO
Mayor
OWNERS:
SIERRA VISTA HOSPITAL, INC. SIERRA VISTA HOSPITAL, INC.dba
a California Corporation SIERRA VISTA REGIONAL MEDICAL CENTER
By:� JL2hz�-- � - By:
Its:� Its:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County ofg Jul t�;c --s ss.
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On i 291 IDI before me, t2AE)( t'LA ��✓Lt 5{�0
Date NffiO and Title 01 Miicer(e.g..'Jam Doe,Notary Public)
,i
personally appeared ST a K=5
Nam (s)of Svier(s)
❑ personally known to me
Moved to me on the basis of satisfactory
evidence
I
to be the person(s) whose name(s) is/are
BARBARA�� subscribed to the within instrument and
COMIAA.#PER1lS acknowledged to me that he/she/they executed
*OrWIYPUKXo CALWORM the same in his/hedtheir authorized
"LUISP capes acity(ies), and that by his/her/their
Ev0• signature(s)on the instrument the.person(s), or
eF entity upon behalf of which theperson(s)
acted, executed the instrument.
SS my hand nd o ( ial seal.
)
`.ter ZPlace Notary Seal Above Signature c Bary Public
I
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: o�-SLA S C
Document Date: 7 ,D`{ t trmb�r of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer, A � StZK E__-z.
Signer's Name: (j 2
❑ Individual
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`�olporateOfficer-Title(s): irzl2tQp, VisTA `t-`�asP'tAL�,4-v\L Top of 0ltanb here
❑ Partner—❑ Limited ❑Generally Sl k<.QA \f,15M Qs. an1r+L
❑ Attorney in Fad Y�1f Sl t eA l_ ter 1-Jta2
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
O 1997 Nalbrel NatmYAseada9on•9950 De Sato Ave..P.O.Box 2402•Chstawa0l CA 91310.2402 Prod.No.5807 RewW Cel ToWme 14OD4764M
OA , (.O
Recording Requested by:
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo, CA 93401
APNS:052-181-019 and 052-181-022
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
PERMANENT EASEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND SIERRA VISTA HOSPITAL, INC.
SIERRA VISTA HOSPITAL, INC., a California corporation, and SIERRA VISTA
HOSPITAL, INC.,a California corporation, doing business as SIERRA VISTA REGIONAL
MEDICAL CENTER(collectively'Owner) hereby grants to the City of San Luis Obispo, its agents,
employees and contractors, a permanent easement('PE')for road and bridge construction and
maintenance,slope access and maintenance, on,over and across certain real property owned by
the OWNER, located at APNS 052-181-019 and 052-181-022,San Luis Obispo,CA and as more
particularly described on Exhibit'A'attached hereto('Easement Area'),for the purpose of
installing, constructing and/or improving the Foothill Bridge at Stenner Creek, located on adjacent
and nearby property,and accomplishing all necessary incidents and appurtenances thereto
("Project").
Under this permanent easement, CITY'S use of the Easement Area shall be exclusive. As
a result,CITY,from time to time, may exclude persons or other uses of all or a portion of the
Easement Area if, in CITY'S sole discretion,the presence of said persons or other uses would be
hazardous or would hinder CITY'S activities related to the Project.
This permanent easement shall commence on June 15,2004.
Owner acknowledges that it has received compensation from City for the TCE.
��� C �
At the completion of the Project,CITY agrees to restore the Easement Area to its original
condition as nearly as is practicable.
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent,employees or contractors on the easement Area pursuant
to this permanent easement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
set forth next to their respective signatures as follows:
Dated: 2004 Dated: 2004
SIERRA VISTA HOSPITAL, INC. SIERRA VISTA HOSPITAL, INC. dba
a California Corporation SIERRA VISTA REGIONAL MEDICAL CENTER
By: C,S , .By:
Its: Its:
State of Oi(ar )
) ss.
%County of�tJ s)i N"► Qa
On t 2004, before me, personally appeared 2
personally known to me or proved to me on the 5asis of
satisfactory evidence to be the persons)whose name(s)is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capac' (ies),and that by his/her/their signatures)on the instrument the�e1n(s), or the.entity
upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal..
SARI3Ali11 P Moo
CODA.012MIS
NM mwisuc.cn FORNA Signature of Notary Public
am LUIS OBISM COUMY
Conry Exp_APRIL 2 2005
X 9
-- � l1GS; T ti II
State of )
) ss.
County of )
On , 2004, before me, personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal.
Signature of Notary Public
C,c (��3
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Exhibit A
Legal Description
A portion of the land described in the grant deed to Sierra Vista Hospital, INC, a
California corporation recorded, April 1, 1998 as Document No. 1998-018520 of Official
Records and a portion of the land described in the grant deed to Sierra Vista Hospital,
INC, a California corporation recorded October 28, 2001 as Document No. 2001-083565
of Official Records, in the Office of the County Recorder of the County of San Luis
Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California,
more particularly described as„follows:
Commencing at the comer common to Sections 22, 23, 26 and 27 Township 30 South,
Range 12 East Mount Diablo Base and Meridian, on the northerly line of Foothill
Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919
in Book 2, at Page 36 of Maps, in he'Offrce of the County Recor&fbf'said County,
marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of
Licensed Surveys in the Office of the County Recorder of said County, from which a
found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa
Street cap as shown on said Record of Survey bears, north 81°23'03" east 114.936 meters
[north 79°21'11" east 114.941 meters calculated from data per said Record of Survey];
Thence south 62°08'22" east 36.818 meters to the southerly line of Foothill Boulevard, 60
feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point
of Beginning;
Thence south 14011'05" east 18.482 meters;
Thence south 05°13'51" west 4.687 meters;
Thence south 84°46'09" east 18.293 meters;.
Thence north 05°35'08" e9t X4.369 meters;
Thence north 62012129" east 11.515 meters;
Thence north 16°25'05" east 7.485 meters;
c4 -i
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Permanent Easement described in the within instrument and consents to the
recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo, a public body corporate
and politic, of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this day of 2004, before me, Diane Reynolds, Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature,the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
Recording Requested by:
� rt �
Thence north 44°25'55" east 7.155 meters;
Thence north 14°11'05" east 2.584 meters to a point on said southerly line, from which
said tag bears north 59°14'46" east 47.352 meters;
Thence westerly along said southerly line to the True Point of Beginning.
Excepting therefrom the land described in the grant deed to the City of San Luis Obispo
recorded in Volume 1292 of Official Records at Page 452 in the Office of the County
Recorder of said County.
Containing 0.0377 hectares (4,061 sq. ft.) more or less.
The above described piece of land is graphically shown on Exhibit "B" attached hereto
and made a part hereof.
George Y. Marchenko LS 6964 Date L8.f964
License Expiration Date: 9/30/2005 * F�PrREs
�CR CAI.IFCP
Sien1perm.doc
EXHIBIT
Fd supe ag
Section Corner "LS 7318'
Sections 22,23,26 and 27, per 81/LS/31
T30S,R12E,MDM,
Fd 3.5" Brass Disk stamped "Black _
CO Survey" per 81/LS/31 L12 _ �– — — / o
Point ofNo
Commencement — — — — — — l / p-
law
r , Fao�htj
_ A
_U0 /
2Ooo
True Point 1292/0 /45
\ of Beginning
\ _ containing
0.0377 LINE... .TABLE
— hectaFeb .. .,-, ...
\Lot 30 more r l ft.ss LINE LENGTH rt BEARING
more or less
1 2/MB/36 L6 L1 36.818 S62'08'22'E
1 L2 18.4821 S14.11105'E
N` Lot 31 L3 4.687 S05'13'51'W
L4 18.293 S84'46'09'E
2/MB/36 L5 14.3691 N05435'08'E
o L6 11.515 N62.12'29'E
r J DOC. NO. L7 7.485. . N16025'05'E
1998-018520 L8 7.155 N44'25'55'E
L9 2.584 N14011'05'W
L4 L10 1 73.280 N84.31'18'W
1-11 47.352 N59'14'46'E
Doc. IN L12 114.936 N81'23'03'E
2001-083565
( IN METERS ) S'
10 0 5 10
1 500 IBM
°�
A portion of the land described in the grant deed to SierraVista 9" P
Hospital, INC, a California corporation recorded April 1, 1998 and
filed -as Document No. 1998-018520 of Official Records, a portion ��FCA�,t /f
of the land described In the corporation grant deed to Sierra Vista
Hospitat, INC, o California corporation, recorded May 31. 2001 and
filed as Document No. 2001-038777 of Official Records and a
portion of the land described in the grant deed to Sierra Vista lJ
Hospital. INC, a California corporation, recorded October 28, 2001
and fled as Document No. 2001-083565 of Official Records, in the
Office of the County Recorder of the County of San Luis Obispo,
State of California.
Sheet 1 of tJohn L. Wallace & Associates
477-0001 sierroperm 1:500 8-19-03
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo, CA 93401
APNS: 052-181-019 and 052-181-022
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
TEMPORARY CONSTRUCTION EASEMENT
BY AND,$ETWEEN
THE CITY OF SAN LUIS OBISPO AND SIERRA VISTA HOSPITAL, INC.
SIERRA VISTA HOSPITAL, INC., a California corporation, and SIERRA VISTA
HOSPITAL, INC., a California corporation, doing business as SIERRA VISTA REGIONAL
MEDICAL CENTER(collectively'Owner) hereby grants to the City of San Luis Obispo, its agents,
employees and contractors, a temporary construction easement('TCE")for construction,creek
maintenance, plant mitigation and establishment on,over and across certain real property owned
by the OWNER, located at APN 052-181-019 and 052-181-022,San Luis Obispo,CA and as more
particularly described on Exhibit 'A'attached hereto ('Easement Area'),for the purpose of
installing,constructing and/or improving the Foothill Bridge at Stenner Creek, located on adjacent
and nearby property,and accomplishing all necessary incidents and appurtenances thereto
("Project').
Under this TCE, CITY'S use of the Easement Area shall be exclusive. As a result,CITY,
from time to time, may exclude persons or other uses of all or a portion of the Easement Area if, in
CITY'S sole discretion,the presenceof Said persons or other uses would be hazardous or would
hinder CITY'S activities related to the Project.
This temporary easement shall commence on June 15,2004,and shall expire not later
than forty-eight(48)months thereafter or on the completion of construction,whichever shall first
occur.
iim d L gi
Owner acknowledges that it has received compensation from City for the TCE.
At the completion of the Project, CITY agrees to restore the Easement Area to its original
condition as nearly as is practicable.
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent, employees or contractors on the easement Area pursuant
to this TCE.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
set forth next to their respective signatures as follows:
Dated: , 2004 Dated: 2004
SIERRA VISTA HOSPITAL, INC. SIERRA VISTA HOSPITAL, INC. dba
a California Corporation SIERRA VISTA REGIONAL MEDICAL CENTER
By: By: � r�
Its: Fi D Its: C•5
State of )
ot_ y .�,� ���() s
County
On , 2004, before me, personally appeared l 9fli2
Y ` , personally known to me or proved to me on the b sis of
satisfactory evidence to be the cerson(s)whose name(s) Ware subscribed to the within instrument
and acknowledged to me that.he she/they executed the same in his her/their authorized
capac• ies),and that by Wer/their si nature(s)on the instrument ersthe erson s),or the entity
upon behalf of which the pon s)acted, executed the instrument.
SODOM
Como= hand and official seal.
emu"oe+sno000NN
Contin 6�.APftg 2005 (sty -omit c�
ignature of Notary Public
State of )
ss.
County of
2004, before me, ally appeared
wpm
Cbmm;Ex APRII 2 2005
. personally known to me or proved to me on the basis of
satisfactory evidence to be erson(s)whose name(s) istare subscribed to the within instrument
and acknowledged to me that he/sexecuted the same in his/her/their authorized
capacity(ies),and that by his/her/their signa on the instrument the person(s),or the entity
upon behalf of which the person(s) acted, execute instrument.
WITNESS my hand and official seal. .
Signature of Notary Pu
1
a`A
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Temporary Construction Easement described in the within instrument and consents
to the recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo, a public body corporate
and politic,of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this day of ,2004,before me, Diane Reynolds, Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature,the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
Exhibit A
Legal.Description
That portion of the land described in the grant deed to Sierra Vista Hospital, INC, a
California corporation recorded, April 1, 1998 as Document No. 1998-018520 of Official
Records, in the Office of the County Recorder of the County of San Luis Obispo, in the
City of San Luis Obispo, County of San Luis Obispo, State of California, more
particularly described as follows:
Commencing at the comer common to Sections 22, 23, 26 and 27 Township 30 South,
Range 12 East Mount Diablo Base and Meridian, on the northerly line of Foothill
Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919
in Book 2, at Page 36 of Maps; in the Office of the County Recorder of said County,
marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of
Licensed Surveys in the Office of the County Recorder of said County, from which a
found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa
Street cap as shown on said Record of Survey bears, north 81°23'03" east 114.936 meters
[north 79021'11"east 114.941 meters calculated from data per said Record of Survey];
Thence south 51°45'22" east 30.011 meters!to the southerly line of Foothill Boulevard, 60
feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point
of Beginning;
Thence south 43°15'57" east 2.398 meters;
Thence south 43°15'57" east 5.892 meters;
Thence south 01"40'32" west 12.308 meters;
Thence south 88°21'43" east 5.018 meters;
Thence south 02°00'01" east 9.961 meters;
Thence south 23°49'37" west 14.557 meters;
Thence south 84°42'49" east 26.067 meters;
Thence north 18°29'43" cast 13.274 meters;
Thence north 01033138" east`6.574 meters;
Thence north 07°21'55" east 17.029 meters;
Thence north 39°08'11" east 4.448 meters;
Thence north 62012'29" east 3.099 meters;
d-
_ t
Thence north 16°25'05" east 7.485 meters;
Thence north 44025'55" east 7.155 meters;
Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which
said tag bears north 59°14'46" east 47.352 meters;
Thence westerly along said southerly line to the True Point of Beginning.
Excepting therefrom that portion lying northerly of the following described line:
Commencing at said section corner, thence south 62°08'22" east 36.818 meters to the
southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2,
at Page 36 of Maps and the Exception True Point of Beginning;
Thence south 14°11'05" east 18.482 meters;
Thence south 05°13'51" west 4.687 meters;
Thence south 84°46'09" east 18.293 meters;
Thence north 05°35'08" east 14.369 meters;
Thence north 62'12'29" east 11.515 meters;
Thence north 16°25'05" east 7.485 meters;
Thence north 44°25'55" east 7.155 meters;
Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which
said tag bears north 59°14'46" east 47.352 meters.
Also Excepting therefrom the land described in the grant deed to the City of San Luis
Obispo recorded in Volume 1292 of Official Records at Page 452 in the Office of the
County Recorder of said County.
Containing 0.0074 hectares (797 sq. ft.)more or less.
The above-described piece of land is graphically shown on Exhibit `B" attached hereto
and mile a part hereof. ' ; .
�' ind of Description.
f►a 2-2-04-
George
-Z-0s4-George Y.Marchenko LS 6964 DateQa �L&6904 �
License Expiration Date: 9/30/2005 8
Siena 13.doc apn 052-181-019
CA1.1
0,4 -a3
EXHIBIT "B•'
Fd supe ago
Section Comer "LS 7318"
Sections 22,23,26 and 27, per 81/1-S/31
T3OS,R12E,MDMI
Fd 3.5" Bross Disk stamped 'Black a� n
CO Survey" per 81/LS/31 L12
Point of
Commencement
F00 66 p6
True PointrE L10 0RIh52 00
e of Beginnin N'5•46'55 L9 12921 2o,Oc
+ 7 0
ion
S89'1�40"E TruepPo Point �292IORI452 �O��j,
of Beginnin
c60n
N containing v DOC. NO.
Lot 30 K 0.0074 1998-018520''6' "
2/MB/36 41 hectares Lot 31
(797 sq. ft.) X 2/MB/36
\ more or les LO
w LINE TABLE
L13 x
r
LINEI LENGTH I BEARING
Lox -� Ll 30.011 S51.45'22'E
4 00 L2 2.398 S43.15'57'E
NO. L3 5.892 S43.15'57'E
DOC.
Doc. N 83565 L4 12.308 Sl 40 32 W
( IN METERS ) cry 1-51 4.448 1 N39'8'11'E
L61 31099 1 N62.12'29'E
aW 5 'a v L71 7.485 1 N16.25'05'E
Yid ^
^ 1-81 7.155 1 N44* 5'55'E
1 : 5500 L91 2.584 N14411'05'W
1-10 1 73.280 1 N84.31'18'W
L16 1 1-11 47.352 1 N59.14'46'E
L12 114.936 N81.23'03'E
EXCEPTION LINE TABLE I
L13 5. S86021'43'E
L14 9.99 6161 S2.0'1'E
LINE LENGTH BEARING ub 26.067 S84 14.557 S; .4249 E
Llx 36.818 S62.08722'E L17 13.274 N18.29'43'E
L2x 18.482 ;S 4.11'05'E LIB 6.574 1 3'38'E
L3x 4.687 S05"3'51'W L19 17.029 N7'21'55'E
L4x 18.293 S84.46 09'E
L5x 14.369 1 N05.35'08'E
L6XI 11.515 N62.12'29'E
A portion of the land described In the grant deed to Slerro Vista
Hospital, INC, a California.corporation recorded, April 1, 1998 and
filed as Document No. 1998-018520 of Official Records, In the
Office of the County Recorder of the County of Son Luis Obispo,
State of California.
Sheet 1of 1 John L. Wallace & Associates i
477-0001 sierra-13 1:500 01/28/04 apn 052-181-018
e,v�
SETTLEMENT AND PURCHASE AGREEMENT
This Settlement and Purchase Agreement("Agreement') is entered into as of this
day of , 2004,between STAN MARK, LLC.,a Limited Liability Company, ("Owner");
and the CITY OF SAN LUIS OBISPO, a Municipal Corporation ("City'or"Its").
RECITALS
A. Owner is the owner of that certain real property located within the City of San Luis
Obispo, San Luis Obispo County, California, also known as Assessor's Parcel Number 052-181-
018 ("Real Property").
B. City desires to purchase a permanent easement and temporary construction
easements in,over, across and upon Real Property, hereinafter referred to as the"Easements".
B. City has the power of eminent domain pursuant to the laws of the State
of California. City has initiated an eminent domain lawsuit against Owner, identified as San Luis
Obispo County Superior Court No. CV 040181. City and Owner have reached an agreement by
which City shall acquire the Easements pursuant to the terms and conditions contained herein.
C. City desires to purchase the Easements from Owner,and Owner desires
to grant the Easements to City on the terms and conditions contained in this Agreement.
NOW,THEREFORE,for valuable consideration, and subject to all terms and conditions
hereof, City and Owner agree as follows:
1. PURCHASE AND SALE.
Pursuant to the terms and conditions contained in this Agreement, Owner hereby
agrees to grant the Easements to City and City hereby agrees to accept the Easements from
Owner.
2. PURCHASE PRICE.
A. The purchase price("Purchase Price's for the easements shall be ONE
HUNDRED NINETEEN THOUSAND NINE HUNDRED DOLLARS($119,900), payable by City to
Owners in cash within the period of time set forth in Section 2(C)below.
B. Owner shall have executed in recordable form the Grants of Easement
(°Deeds)attached hereto as Exhibit A and deliver said Deeds to City within ten(10)days of the
date of this Agreement is executed. City shall execute a Certificate of Acceptance of said Deeds
Settlement and Purchase Agreement
Page 1 �
h-"`.� p
and deposit them with the County Recorder for recordation within ten (10)days of the date City
receives the executed Deeds from Owner.
C. Within ten (10)days of the date City receives the executed Deeds from
Owner,City shall cause to be filed with the San Luis Obispo Superior Court a Petition for Refund of
the deposit on file with San Luis Obispo County in this action. Said petition shall request an order
from the Court that the$112,400 previously deposited by City for the benefit of defendants in the
eminent domain action be withdrawn from the deposit and made payable directly to City, in care of
its counsel at the address indicated in Section 8 herein. Buyer shall pay the purchase price of
$119,900 to Owner not later than thirty(30) days following Buyer's receipt of the executed Deeds.
3. REPRESENTATIONS AND WARRANTIES.
A. City hereby represents and warrants to Owner that(i) it has the legal
power, right and authority to enter into this Agreement and the instruments referenced herein,and
to consummate the transactions contemplated hereby; (ii) all requisite action has been taken by
City in connection with the entering into of this Agreement and the instruments referenced herein,
and the consummation of the transactions contemplated hereby; and(iii) no consent of any other
parry is required.
B. Owner hereby represents and warrants to City that(i) it has the legal
power, right and authority to enter into the Agreement and the instruments referenced herein,and
to consummate the transactions contemplated hereby; (fl) all requisite action (corporate,trust,
partnership or otherwise) has taken by Owner in connection with the entering into this Agreement
and the instruments referenced herein,and the consummation of the transactions contemplated
hereby;and(iii)no consent of any other party is required.
C. The project for which City requires said permanent and temporary
construction easements is the Foothill Bridge Replacement Project. City's contractor shall carry
general comprehensive insurance having not less than One Million ($1,000,000.00) Dollar
coverage,and said contractor shall be bonded for performance.
D. In the even that said Real Property is damaged during the construction of
said Project,Owner shall notify City within seven (7)days of said damage and City shall cause its
contractor to repair said damage as soon as is reasonably possible.
E. The City will provide parking permits to existing tenants(Summer 2003 to
Summer 2004)and future tenants(Summer 2004 to Summer 2005)that wish to park on Foothill
Settlement and Purchase Agreement
nc
Page 2 ^
(4 "O t'
Boulevard. Permits will be distributed to those individuals whose names appear on the lease
agreements. As lease agreements are executed,Owner will be responsible for furnishing to City a
list of names for the current and future tenants. The City will issue the permits.
F. Owner shall make every reasonable effort to rent units and maintain
records of its reasonable effort to do so.
G. City agrees to review and consider documentation submitted by Owner on
or before October 29, 2004, supporting Owner's request for additional compensation for loss of
rent income. Upon review of the submitted documentation,the City agrees to compensate Owner
for any additional and reasonable losses due to lack of access and/or parking over that which was
anticipated in the City's appraisal.
H. The City will install a lighted pathway on the westerly side of the
apartment building for pedestrian access in cooperation with Owner.
I. The City will review the-pedestrian access across the front,pf the property
and onto the pedestrian bridge and provide additional lighting in the event the street lighting is
inadequate in cooperation with Owner.
J. The City agrees to compensate Owner if Owner opts to offer reduced
rents to existing tenants, effective upon loss of access by the existing tenants to the parking lot.
K. The City agrees to restore the subject property to its existing condition as
is reasonably possible upon completion of the Project.
L Owner warrants that there are no leases on the property other than those
for rental of the apartments.
M. This agreement between Owner and City is subject to approval by the City
Council of the City of San Luis Obispo.
4. INDEMNIFICATION.
City shall save,defend,indemnify and hold harmless, Owner, its directors,officers,
employees and agents, successors and assigns(herein collectively called Indemnified Parties'
from and against any and all suits, actions, legal or administrative proceedings,claims,demands,
actual damages,fines, punitive damages, losses,costs,liabilities, interest,attorneys fees
(including any such fees and expenses incurred enforcing this indemnity)(herein collectively called
"Damages'arising from the construction of said project. The covenants set forth in this Section
shall survive delivery of the Deed.
Settlement and Purchase Agreement
Page 3
5. DISMISSAL OF EMINENT DOMAIN ACTION &RELEASE OF LIS PENDENS.
City shall dismiss said eminent domain lawsuit upon recordation of the grant of easement,
and City shall record a Release of Lis Pendens.
6. RELEASE OF CLAIMS.
Owner hereby releases and forever discharges,on behalf of the Owner, and its partners,
affiliates,creditors, successors, assigns, heirs, executors and administrators, the City and the
City's Council Members,and City's employees, agents,contractors and affiliates from any and all
demands,claims or causes of action against the City of San Luis Obispo arising out of or
pertaining to the acquisition of the Easements in Owner's Real Property, including but not limited to
any claims for just compensation, litigation expenses,attorney's fees and costs including, but not
limited to, costs incurred to defend the lawsuit, statutory relocation assistance and/or benefits, loss
or damages for inverse condemnation, unreasonable precondemnation delay,or unreasonable
precondemnation activities. In giving this release,the Owner and Sublessee waive the protection
of Civil Code Section 1542,which statute provides as follows: "A general release does not extend
to claims which the creditor does not know or subject to exist in his favor at the time of executing
the release,which if known by him must have materially affected his settlement with the debtor."
7. GOVERNING LAW.
This Agreement shall be construed and enforced in accordance with the applicable laws of
the State of California.
8. NOTICE.
All notices or other communications required or permitted hereunder shall be writing, and
shall be personally delivered, sent by national overnight courier service, sent by facsimile
transmission, if also sent by one of the other methods provided in this Section, or sent by
registered or certified mail,first class postage prepaid, return receipt requested, and shall be
deemed received upon the earlier of(i)the date of delivery to the address of the person to receive
such notice;(i)the date of the facsimile;or(iii)three(3)business days after the date of posting
with the United States Postal Service at the following addresses:
To Owner.
Damelle J Babcock Etal
c%Linda Schmid
28571h Johnson Ave
San Luis Obispo,CA 93401
Settlement and Pumhase Agreement
Paage(4
�- db
1
F. Exhibits. References herein to exhibits are to Exhibit A,attached
hereto, which exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signature pages may be detached from the counterparts and attached to a single copy
of this Agreement to physically form one document.
IN WITNESS WHEREOF, City and Owner has executed this Agreement as of the date first
written above.
APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO
CITY OF SAN LUIS OBISPO
6than Lowell DAVID ROMERO
City Attorney Mayor
STAN MARK,
a Limited Liabidy Company
eneral Partn
Linda Schmid
Settlement and Purchase Agreement
Page 6
0n.
L)
To City With Copy to:
Barbara Lynch Jonathan Lowell
City of San Luis Obispo City Attorney, City of San Luis Obispo
955 Morro Street 990 Palm Street
San Luis Obispo, CA 93401 San Luis Obispo,CA 93401
Notice will be effective or deemed effective on the date of delivery, if personally delivered
or sent by facsimile or courier service, or if mailed,three (3)days after deposit with the United
States Postal Service. Any party to this Agreement may change its address for receipt of notices
by giving notice of such changes to the.other party in the manner set forth in this Section. Neither
the rejection of a notice by the addressee or the inability to deliver a notice because of a change of
address for which no change of address notice was received, shall affect the date on which such
notice is deemed received.
9. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and
every provision hereof in which time is a factor.
B. Entire Agreement. This Agreement, including the Exhibits attached
hereto,contains the entire agreement between the parties pertaining to the subject matter hereof
and fully supersedes any and all prior agreements and understandings between the parties. No
change in, modification of or amendment to this Agreement shall be valid unless set forth in writing
and signed by all of the parties subsequent to the execution of this Agreement.
C. . Further Assurances. Each of the parties agrees that it will without
further consideration execute and deliver such other documents and take such other action as may
be reasonably requested by the other party to consummate more effectively the purposes or
subject matter of this Agreement.
D. Successors. Subject to the provisions of this Agreement,this
Agreement shall be binding upon and shall inure to the benefit of the parties hereto,and their
respective heirs,executors,representatives,successors and assigns.
E. Severability In the event any provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or
unenforceability shall be effective only to the extent of such determination and shall not prohibit or
otherwise render ineffective any other provision of this Agreement.
Settlement and Purchase Agreement
N�
Page 5r)
(
State of California } 7
County of San Luis Obispo }
On July 29, 2004, before me, Pamela K. King, Notary Public, personally appeared Linda
Schmid, Stan Mark, LLC. ( ) personally known to me or (x) proved to me on the basis of
satisfactory evidence to be the persons whose names are subscribed to the within
instrument and acknowledged to me that they executed the same in their capacity, and
that by their signatures on the instrument the persons or the entity upon behalf of which
the persons acted, executed the instrument.
Witness my hand and official seal. y �KatG
CaM"M s 1422134
H*kNy Pubic.c0W0 j4
- tiNCWM8 Ofto C&j*VW4WMr I,—
Notary Public
s
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation (x) partnership ( ) attorney-in-fact ( ) political agency
Foothill Bridge Easement
_ Wi•„u r
Recording Requested by:
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo,CA 93401
APN: 052-181-018
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND STAN MARK, LLC
STAN MARK,a Limited Liability Company, ("Owner) hereby grants to the City of San Luis
Obispo,its agents, employees and contractors, a temporary construction easement("TCE")which
temporarily relinquishes vehicular access on , over and across certain real property owned by the
OWNER, located at APN 052-181-018, San Luis Obispo,CA and as more particularly described on
Exhibit"A'attached hereto('Easement Area'),for the purpose of installing,constructing and/or
improving the Foothill Bridge at Stenner Creek, located on adjacent and nearby property, and
accomplishing all necessary incidents and appurtenances thereto(°Project").
Under this TCE, CITY's use of the Easement Area shall be exclusive. As a result,CIN,
from time to time,may exclude persons or other uses of all or a portion of the Easement Area if, in
CITY's sole discretion,the presence of said persons or other uses would be hazardous or would
hinder CITY's activities related to the Project.
This temporary easement shall commence on June 15,2004,and shall expire not later
than twelve(12) months thereafter or on the completion of construction,whichever shall first
occur.
Owner acknowledges that it has received compensation from City for the TCE.
Settlemerrt wd Purchase Agreement—BMR A
�aPa�g�e 19;
C �
1 �
ru d•"'L tic : �'d
At the completion of the Project, CITY agrees to restore the Easement Area to its original
condition as-nearly as is practicable.
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent, employees or contractors on the easement Area pursuant
to this TCE.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
set forth next to their respective signatures as follows:
Dated: oZ� , 2004 SELECT INCOME PROPERTIES 6,
a California Limited Partnership
By.
General Pailner
Linda Schmid
State of )
) ss.
County of S e2 )
OnU"�6 2004, before me, personally appeared
persopally r proved to me on the basis of satisfactory evidence to be the personN)
whose name(e) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in Ptis/her/their-authorized capacity(ies),and that by his/her/tPtEir
signature(e)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand and official seal.
ce a
CaaNel -
d tett»
Nolan P+aa COMM
� LL Signature of Notary Public
Settlement and Purchase Agreement-Exhibit A
Page 11
-33
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Temporary Construction Easement described in the within instrument and consents
to the recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo, a public body corporate
and politic, of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Govemmenf Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this day of .2004, before me, Diane Reynolds,Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity,and that by his signature,the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
Settlement and Purchase Agreement—Exh bft A
page 1
toll
�
Ed
Exhibit"A"
Temporary Relinquishment of Vehicular Access
Legal Description
The north line of Lot 30,of California Park Subdivision,in the City of San Luis Obispo,County of
San Luis Obispo, State of California, according to the map filed December 2, 1919 in Book 2, at
Page 36 of Maps, in the Office of the County Recorder of said County.
The above-described piece of land is graphically shown on Exhibit`B"attached hereto and made a
part hereof
End of Description.
LAND SG
George Y^1archenko LS 6964 Date Cs OQy' O
License Expiration Date: 9/30/2005 L8.6964
_ fir'/eFS
Stanmark-access denial apn 052-181-018
CF CALtFOQ,
(•,
EXHIBIT "B" -
iJ
Foothill Blvd.
Relinquishment of Vehicular
Access to Foothill _Boulevard
Lot 31
2/MB/36
Lot 30
2/MB/36
-Lot 30 of California Park Subdivision, in the City of
' San .Luis Obispo, State of California, according to the
map filed December 2, 1919 in Book 2, at Page 36
of Maps, in the office of the County Recorder of said
County
( IN METERS )
0 5 10
1 : 500
Sheet
500
Sheet 1 of 1 John L. Wallace & Associates
477-0001 marks—denial 1:5 --vi/28/04 apn 052-181-018
oI- r
Recording Requested by:
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo, CA 93401
APN: 052-181-018
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND STAN MARK, LLC
STAN MARK, a Limited Liability Company, ('Owner") hereby grants to the City of San Luis
Obispo, its agents,employees and contractors, a temporary construction easement("TCE")for
creek maintenance, plant mitigation and establishment,on,over and across certain real property
owned by the OWNER, located at APN 052-181-018, San Luis Obispo, CA and as more
particularly described on Exhibit'A' attached hereto ('Easement Area'),for the purpose of
installing,constructing and/or improving the Foothill Bridge at Stenner Creek, located on adjacent .
and nearby property,and accomplishing all necessary incidents and appurtenances thereto
("Project ).
Under this TCE, CITY's use of the Easement Area shall be exclusive. As a result,CITY,
from time to time, may exclude persons or other uses of all or a portion of the Easement Area if, in
CITY's sole discretion,the presence of said persons or other uses would be hazardous or would
hinder CITY's activities related to the Project.
This temporary easement shall commence on June 15,2004,and shall expire not later
than forty-eight (48) months thereafter or on the completion of construction,whichever shall first
occur.
Owner acknowledges that it has received compensation from City for the TCE.
Settlement and Purchase Agreement—Exhibit A
Page t
31
At the completion of the Project, CITY agrees to restore the Easement Area to its original
condition as nearly as is practicable.
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent,employees or contractors on the easement Area pursuant
to this TCE.
IN WITNESS WHEREOF the parties hereto have executed this Easement as of the date
set forth next to their respective signatures as follows:
Dated: 2004 STAN MARK
a Limited Liability Company
By.
Genera rtner
Linda Schmid
State of �Q�Q�—,,,� )
' F- ) ss.
County of )
On �� ,2004, before me, personally appeared
perse rproved to me on the basis of satisfactory evidence to be the person
whose name(4 is/amsubscribed to the within instrument and acknowledged to me that
Wshe/t*executed the same in hislherAheiGauthorized capacity(ies),and that by his/hedtheir
signature(8 on the instrument the person(',or the entity upon behalf of which the persorr(s)acted,
executed the instrument.
WITNESS my hand and official seal.
WARAK OR
Conuf�wfon/1112136
WA*ban WtObYFaCovfrBcRL.,
YCWNL EepMMJ�l.2A07
7DSignature ofANotary Public
Settlement and Purchase Agreement—Exhibit A
n vPrage��
l
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Temporary Construction Easement described in the within instrument and consents
to the recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo,a public body corporate
and politic, of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this day of . ,2004,before me, Diane Reynolds,Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity,and that by his signature,the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
Settlement and Purchase Agreement—Exhibit A
/'VV 0A 3
c �`C, 9
Exhibit"A
Legal Description
A portion of Lot 30 of California Park Subdivision, in the City of San.Luis Obispo,County of San
Luis Obispo,State of California,according to the map filed December 2, 1919 in Book 2,at Page 36
of Maps,in the Office of the County Recorder of said County more particularly described as follows:
Commencing at the comer common to Sections 22, 23, 26 and 27 Township 30 South, Range 12
East Mount Diablo Base and Meridian,on the northerly line ofFoothill Boulevard,as shown on the
map of California Park Subdivision filed December 2, 1919 in Book 2,at Page 36 of Maps, in the
Office of the County Recorder of said County, marked by a brass cap as shown on a Record of
Survey filed in Book 81 Page 3-I`of Licensed Surveys in the Office of the County Recorder of said
County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard
with Casa Street cap as shown on said Record of Surveybears,north 81°23'03"east 114.936 meters
[north 79'21'11"east 114.941 meters calculated from data per said Record of Survey];
Thence south 51'45'22" east 30.011 meters to the southerly line of Foothill Boulevard,60 feet wide,
as shown on said map filed in Book 2, at Pale 36 of Maps and the True Point of Beginning;
Thence south 43015'57" east 2.398 meters;
Thence south 43°15'57" east 5.892 meters;
Thence south 01'40'32" west 12.308 meters;
Thence south 88°21'43" east 5.018 meters;
Thence south 02°00'01" east 9.961 meters;
Thence south 23°4937"west 14.557 meters;
Thence south 84°4249" east 26.067 meters;
Thence north 18°2943" east 13.274 meters;
Thence north 01033'38" east 6.574 meters;
Thence north 07°21'55" east 17.029 meters;
Thence north 39°08'11" east 4.448 meters;
Thence north 62012129" east 3.099 meters;
Thence north 16025'05" east 7.485 meters;
Thence north 44°2555" east 7.155 meters;
Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which said tag
bears north 59°14'46" east 47.352 meters;
Thence westerly along said southerly line to the True Point of Beginning.
Excepting therefrom that portion lying northerly of the following described line: Commencing at
said section comer, thence south 62°08'22" east 36.818 meters to the southerly line of Foothill
Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the
Exception True Point of Beginning;
Thence south 14'11'05" east 18:482 meters;
Thence south 05'1351" west 4.687 meters;
Thence south 84°46'09" east 18.293 meters;
Thence north 05°35'08" east 14.369 meters,
Thence north 62°12'29" east 11.515 meters;
Thence north 16°25'05" east 7.485 meters;
Thence north 44°25'55" east 7.155 meters;
Thence north 14°11'05" west 2:584 meters to a point on said southerly line, from which said tag
bears north 59°14'46" east 47.352 meters.
Also Excepting therefrom the land described in the grant deed to the City of San Luis Obispo
recorded in Volume 1292 of Official Records at Page 448 in the Office of the County Recorder of
said County.
Containing 0.0335 hectares(3,606 sq. ft.)more or less.
The above-described piece of land is graphically shown on Exhibit`B"attached hereto and made F
part hereof.
End of Description. 0 sG
George Y.Marchenko LS 6964 Date $ y
License Expiration Date: 9/30/2005 v 4..6.6664
* exelA 5
9-3o-oS �
s -lMoc Wn052-181-01e �pFC FO
$err tlDvt
r-moi! 41.i1...�.ci i...r i
Fd supertog
Section Comer "LS 7318
Sections 22,23,26 and 27, per 81/LS/31
T30S.R12E,MDM,
Fd 3.5" Brass Disk stamped "Black
CO Survey' per 81/LS/31 L12 �6 c
Point of N66 0�
Commencement
Footh;��
o_
True Point5„� L10 �o
of Beginnin N,5•4,8:5 L9 20 7 do
Exception
S89'1� 40 E True Point �`(9
of Beginnin >>•
• 12921OR�44a
J
�ceQ ro* t b
Lot 30 ID , .... :. ..
Doc. No.
2/MB/36 %. 1998-018520
Lot 31
o) 2/MB/36
J ^
W LINE TABLE
L13 x
L4x LINE LENGTH BEARING
p U 30.011 S51.45'22'E
oo L2 2.398 S43.15'57'E
° Doc. No. 00 L3 5.892 S43'15'57'E
p;��+°jy 2001-083565 L4 12.308 S1040'32'W
IN METERS ) h c h w` L5 4.448 N39.8'11'E
0 5 10 v c M o ° L6 3.099 N62'12'29`E
°°o o ^ L7 7.485 N16.25'05'E
1 : 500 �F U L8 7.155 N44'25'55'E
L9 2.584 N14.11'05'W
L10 73.280 N84.31'18'W
L16 L11 47.352 N59.14146'E
L12 114.936 N81.23'03'E
EL13 5.018 S88.21'43'E
EXCEPTION LINE TABLE
L14 9.961 S2'0'1`E
LINE LENGTH BEARING L15 14.557 S23.49'37r.W
L16 26.067 S84.42'49'E
Llx 36.818 S612* -2.2'K
L17 13.274 N18.29'43'E
5 E
L2x 18.482 S14 11' ' L18 6.574 Nl'33'38'E
Lax 4.687 S05.13'51'W L19 17429 N7.21'55'E
L4x 18.293 S84.46'09'E
L5x 14.369 N05.35'08'E
L6x 11.5151 N62.12'29'E A portion of lot 30 of California Park Subdivisior
the City of San Luis Obispo, State of California,
according to the map filed December 2. 1919 it
Book 2. at Page 36 of Maps, in the office of tl
County Recorder of said County
Sheet 1 of 1 John L. Wallace & Associates
477-0001 Stanmork-12 1:500 01/28/04 apn 052-181-018
(jt-t'
V
Recording Requested by:
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo,CA 93401
APN: 052-181-018
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
GRANT OF PERMANENT EASEMENT BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND STAN MARK, LLC
STAN MARK, a Limited Liability Company, ("Owner") hereby grants to the City of San Luis
Obispo, its agents, employees and contractors, a permanent easement("PE")for road and bridge
construction and maintenance, and for slope access and maintenance on,over and across certain
real property owned by the OWNER, located at APN 052-181-018, San Luis Obispo,CA and as
more particularly described on Exhibit'A'attached hereto ("Easement Area'),for the purpose of
installing,constructing and/or improving the Foothill Bridge at Stenner Creek, located on adjacent
and nearby property,and accomplishing all necessary incidents and appurtenances thereto
("Project')-
Under this PE, CITY's use of the Easement Area shall be exclusive. As a result, CITY,
from time to time,may exclude persons or other uses of all or a portion of the Easement Area if, in
CITY's sole discretion,the presence of said persons or other uses would be hazardous or would
hinder CITY's activities related to the Project.
This permanent easement shall commence on June 15,2004.
Owner acknowledges that it has received compensation from City for the permanent
easement.
Settlement and Purchase Agreement—Exhibit A
Page 4, n^
c,4 ✓
u a
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent,employees or contractors on the easement Area pursuant
to this permanent easement.
IN WITNESS WHEREOF the parties hereto have executed this Easement as of the date
set forth next to their respective signatures as follows:
Date . �► ,2004 STAN MARK,
a Limited Liability Company
By:
General rtner
Linda Schmid
State of - )
�,np )ss.
County of ( o )
On 12�-9 ,2004, before me, personally appeared
persen 0-!,R r proved to me on the basis of satisfactory evidence to be the person(4
whose name(t)is/af"ubscdbed to the within instrument and acknowledged to me that
)ts/she/they executed the same in his/her/their-authorized capacity(", and that by f 4her/their
signature(*on the instrument the personN,or the entity upon behalf of which the persons)acted,
executed the instrument.
WITNESS my hand and official seal.
PA[fRCiA K MM
j6'MvCommE0wAdL2W 1422138Nowrym 'Cditno Signature of Notary Public
taewrowr�oC=*
Settlement and Purchase Agreement—Exhibit A
o�44,
u
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Permanent Easement described in the within instrument and consents to the
recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo,a public body corporate
and politic, of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this day of ,2004, before me, Diane Reynolds, Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity,and that by his signature,the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
Settlement and Pumhue Agreement—ExhbR A
Page 6
W
L J u
Exhibit"A"
Legal Description
A portion of Lot 30 of California Park Subdivision, in the City of San Luis Obispo, County of San
Luis Obispo,State of California,according to the map filed December 2, 1919 in Book 2,at Page 36
of Maps,in the Office ofthe County Recorder of said County more particularly described as follows:
Commencing at the corner common to Sections 22,23,26 and 27 Township 30 South,Range 12 East
Mount Diablo Base and Meridian,on the northerly line of Foothill Boulevard as shown on said map,
marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys
in the Office of the County Recorder of said County, from which a found tag stamped LS 7318
marking the intersection of Foothill Boulevard with Casa Street as shown on said Record of Survey
bears, north 81°23'03"east 114.936 meters.[north 79°21'11"east 114.941 meters calculated from
data per said Record of Survey];
Thence south 62°08'22" east 36.818 meters to the southerly line of Foothill Boulevard,60 feet wide,
as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning;
Thence south 14°11'05" east 18.482 meters;
Thence south 05°13'51" west 4.687 meters;
Thence south.84°46'09" east 18.293 meters;
Thence north 05035108" east 14.369 meters;
Thence north 62°12'29" east 11.515 meters;
'�Co
7 L)
Thence north 16°25'05" east 7.485 meters;
Thence north 44°25'55" east 7.155 meters;
Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which said tag
bears north 59°14'46" east 47.352 meters;
Thence westerly along said southerly line to the True Point of Beginning.
Excepting therefrom the land described in the grant deed to the City of San Luis Obispo recorded
in Volume 1292 of Official Records at Page 448 in the Office of the County Recorder of said
County.
Containing 0.0264 hectares(2,841 sq. ft.) more or less.
The above described piece of land is graphically shown on Exhibit`B" attached:hereto and made a
part hereof
tAMND
C' Al- g-2l-o 3 o���. 9eR`�I
George Y. M chenko LS 6964 Date
License Expiration Date: 9/30/2005 p
* LS.6M
Y-3o-G� P
fluitVam.doe
r
EXHIBIT r1B11
Fd supertag
Section Corner "LS 7318"
Sections 22,23,26 and 27, per 81/LS/31
T30S,R 12E,MDM,
Fd 3.5" Brass Disk stamped "Black
CO Survey" per 61/LS/31 �i2Point of o
Commencement
Fa�tri\ law d ' � / \•
Llo
2 c
�9� �7�tio
! ' True Point 0
\ of Beginning /A
\ OR,448
LINE J.A�LE
J
containing LINE LENGTH �, BEARING .
LO{ 30 0.0264 hectares
(2,841 sq. ft.) j LI 36.818 S62'08'22'E
2/MB/36 more or less / L2 1 18.482 1 S14.11'05'E
N L3 4.687 S05'13'51'W
Lot 3 1
L4 18.2931 S64646'09'E
2/MB/36 L5 14.369 1 N05435'08'E
L6 11.515 N62'12'29'E
IDoc. No. L7 7.485 N16'25T5'E
11998-018520 L8 7.155 N44.25'55'E
L9 2.584 1 N14'11'05'W
L4 - L10 73.280 N84'31'18'W
L11 47.352 N59014'46'E
Doc. NO. L12 114.936 N81423'03'E
2001-083565
( IN METERS) S�
10 0 5 105��`t �4RC�9Lt�
0
1 500 * L&So"
A portion of lot 30 of California Park Subdivision, in OAU
c
the City of San Luis Obispo, State of California,
according to the map filed December 2, 1919 in
Book 2, at Page 36 of Maps, in the office of the
County Recorder of said County
Sheet 1 of 1 John L. Wallace & Associates
477-0001 flulltperm 1:500 8-18-03 c l(,-4
9
Recording Requested by: L
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo, CA 93401
APN: 052-181-018
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND STAN MARK, LLC
STAN MARK, a Limited Liability Company, ("Owner") hereby grants to the City of San Luis
Obispo, its agents, employees and contractors, a temporary construction easement(°TCE')for
access on, over and across certain real property owned by the OWNER, located at APN 052-181-
018,.San Luis Obispo, CA and as more particularly described on Exhibit'A' attached hereto
('Easement Area'),for the purpose of installing, constructing and/orimproving the Foothill Bridge
at Stenner Creek, located on adjacent and nearby property, and accomplishing all necessary
incidents and appurtenances thereto ("Project").
Under this TCE, CITY's use of the Easement Area shall be exclusive. As a result,CITY,
from time to time,may exclude persons or other uses of all or a portion of the Easement Area if, in
CITY's sole discretion,the presence of said persons or other uses would be hazardous or would
hinder CITY's activities related to the Project.
Settlement and Pdrehase Agreement—Exhibit A
PIS,Page,7`a
L, `'C 1
HlSii
This temporary easement shall commence on June 15,2004,and shall expire not later
than twelve (12) months thereafter or on the completion of construction,whichever shall first
occur.
Owner acknowledges that it has received compensation from City for the TCE.
At the completion of the Project, CITY agrees to restore the Easement Area to its original
condition as nearly as is practicable.
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent, employees or contractors on the easement Area pursuant
to this TCE.
IN WITNESS WHEREOF the parties hereto have executed this Easementas of the date
set forth next to their respective signatures as follows:
Dated: 12004 STAN MARK,
a Limited Liability Company
By:
Gene artner
State of
Linda Schmid
a.. )
ss.
County of
On a—�l ,2004, before me, personally appeared
pafi=l or proved to me on the basis of satisfactory evidence to be the person(s�-
whose name(s)Ware subscribed to the within instrument and acknowledged to me that
he%he/they executed the same in?t Oer/their authorized capacity*), and that by'hisfher/ttleir
signature(s)on the instrument the person(4 or the entity upon behalf of which the person(4acted,
executed the instrument.
WITNESS my hand and official seal.
CommkdOn MMEuu*142
13E
�%#I . + c� I � Signature of Notary Public
Settlement and Purchase Agreement-Exhbit A
�
Page r 8
C4 " �
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Temporary Construction Easement described in the within instrument and consents
to the recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo, a public body corporate
and politic, of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this ' day of ,2004, before me, Diane Reynolds,Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity,and that by his signature,the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
Settlement and Purchase Agreement—Exhibit A
Page 9 `
lJ`t"
Exhibit"A"
Legal Description
A portion of Lot 30 of California Park Subdivision, in the City of San Luis Obispo,County of San
Luis Obispo,State of California,according to the map filed December 2, 1919 in Book 2,at Page 36
of Maps,in the Office of the County Recorder of said County more particularly described as follows:
Commencing at the comer common to Sections 22, 23, 26 and 27 Township 30 South, Range 12
East Mount Diablo Base and Meridian,on the northerly line of Foothill Boulevard,as shown on the
map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the
Office of the County Recorder of said County, marked by a brass cap as shown on a Record of
Survey filed in Book 81 Page 31 ofLicensed Surveys in the Office of the County Recorder of said
County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard
with Casa Street cap as shown on said Record of Surveybears,north 81°23'03"east 1.14.936 meters
[north 79°21'11"east 114.941 meters calculated from data per said Record of Survey];
Thence south 51°4522" east 30.011 meters to the southerly line of Foothill Boulevard,60 feet wide,
as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning;
Thence south 43°15'57" east 2.398 meters;
Thence south 43°15'57" east 5.892 meters;
Thence south 01°40'32" west 12.308 meters;
Thence south 88°21'43" east 5.018 meters;
Thence south 02°00'01" east 9.961 meters;
Thence south 23°4937" west 14.557 meters.;
Thence south 84°4249" east 26.067 meters;
Thence north 18029143" east 13.274 meters;
Thence north 01033'38" east 6.574 meters;
Thence north 07021'55" east 17.029 meters;
Thence north 39008111" east 4.448 meters;
Thence north 62012129" east 3.099 meters;
Thence north 16025105" east 7.485 meters;
r
_• r
Thence north 44°25'55" east 7.155 meters;
Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which said tag
bears north 59°14'46" east 47.352 meters;
Thence westerly along said southerly line to the True Point of Beginning.
Excepting therefrom that portion lying northerly of the following described line: Commencing at
said section comer, thence south 62°08'22" east 36.818 meters to the southerly line of Foothill
Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the
Exception True Point of Beginning;
Thence south 14°11'05" east 18.482'meters;
Thence south 05°13'51" west 4.687 meters;
Thence south 84°46'09" east 18.293 meters;
Thence north 05°35'08" east 14.369 meters; '
Thence north 62'12'29" east 11.515 meters;
Thence north 16°25'05" east 7.485 meters;
Thence north 44°25'55" east 7.155 meters;
Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which said tag
bears north 59°14'46" east 47.352 meters.
Also Excepting therefrom the land described in the grant deed to the City of San Luis Obispo,
recorded in Volume 1292 of Official Records at Page 448 in the Office of the County Recorder of
said County.
Containing 0.0335 hectares (3,606 sq. ft.)more or less.
The above-described piece of land is graphically shown on Exhibit`B"attached hereto and made a
part hereof.
End of Description. 1 C.'iW
S`9
Ajy ' '
A.
George f Marchenko LS 6964 Date woQ
License Expiration Date: 9/30/2005 * v L.S.6984
9-3d-oS �r
stenmedc-t2.doc apn052-181-018 �CFCA1•tFC
CA
EXHIBIT 111311
Fd su erta
Section Comer P "
Sections 22,23,26 and 27, LS LS
T30S,R12E,MDM, per 81 1//LS/31
Fd 3.5" Brass Disk stamped "Black
CO Survey per 81/1-S/31 Lt2 •�Fi o
Point of 6Ej0� No
Commencement 1vd N i
Foothill $ .
rn/ 66 01
0
True Point L10 Q
of BeginninN75•gg 55 E `9 c
Exception o7��0
S89'1� 40•E TruePoint �`(Y
of Beginnin 5
1292�OR,448
n
J
ok
Lot 30 NDoc. No.
2/MB/36 x 1998-018520
Lot 31
2/MB/36
J
W LINE TABLE
L13 X
L4x LINE LENGTH BEARING
p Ll 30.011 S51.45'22'E
oy00
L2 2.398 S43.15'57'E
L3 5,892 S43'15'57'E
Doc. No. J L4 12.308 S1040'32'W
2001 -083565
IN METERS ) o y �� L5 4.448 N39'8'11'E
o s 10 ^ c b�oro o L6 3.099 N62.12'29'E
i v o M o L7 7,485 N16.25'05'E
i : 500 `-F L8 7.155 N44.25'55'E
L9 2.584 N14'11'05'W
L10 73.280 N84.31'18'W
L16 1-11 47.352 N59'14'46'E
L12 114.936 NBI'23'03'E
EXCEPTION LINE TABLE L13 5.018 S88.21�43'E
L14 9.961 S2.0'1'E
LINE LENGTH BEARING L15 14.557 S23.49'37'W.
L16 26.067 S84042'49'E
Llx 36.818 S62' 8'82'E L17 13.274 N18'29'43'E
L2x 18.482 514.11' 5'E LIB 1 6.574 Nl'33'38'E
L3x 4.687 S05.13'51'W L19 17.029 N7'21'55'E
L4x 18293 S84.46'09'E
L 5 14.369 N05035'08'E
L6X 11.515 N62.12'29'E A portion of lot 30 of California Park. Subdivision,
the City of San Luis Obispo, State of California,
according to the map filed December 2, 1919 in
Book 2, at Page 36 of Maps, in the office of the
County Recorder of said County
Sheet 1 of t John L. Wallace & Associatea
� f
477-0001 Stonmork-12 1:500 01/28/04 opn 052-181-018
r
i
SETTLEMENT AND PURCHASE AGREEMENT
This Settlement and Purchase Agreement(`Agreement°}is entered into as of this_day
of June, 2004,between SELECT INCOME PROPERTIES 6,a California limited Partnership,
('Owner';and the CITY OF SAN LUIS OBISPO, a Municipal Corporation (`City'or`Its'.
RECITALS
A. Owner is the owner of that certain real property located within the City of San Luis
Obispo, San Luis Obispo County,California, also known as Assessor's Parcel Number 052-252-
026(°Real Property.
B. City desires to purchase temporary construction easements in,over,
across and upon Real Property, hereinafter referred to as the`Easements"
.
C. City has the power of eminent domain pursuant to the laws of the State
of California. City has initiated an eminent domain.lawsuit against Owner, identified:as San Luis
Obispo County Superior Court No. CV 040180. City and Owner have reached an agreement by
which City shall acquire the Easements pursuant to the terms and conditions contained herein.
D. City desires to purchase the Easements from Owner, and Owner desires
to grant the Easements to City on the terms and conditions contained in this Agreement
NOW,THEREFORE,for valuable consideration, and subject to all terms and conditions
hereof,City and Owner agree as follows:
1. PURCHASE AND SALE
Pursuant to the terms and conditions contained in this Agreement,Owner hereby agrees
to grant the Easements to City and City hereby agrees to accept the Easements from Owner.
2. PURCHASE PRICE.
A. The purchase price(`Purchase Pricel for the easements shall be THIRTY
THOUSAND DOLLARS($30,000),payable by City to Owners in cash within the period of time set
forth in Section 2(C)below.
B. Owner shall have axecuted in recordable form the Grants of Easement(`Deeds)
attached hereto as Exhibit A and deliver said Deeds to City within ten(10)days of the date of this
Agreement is executed. City shall execute a Certificate of Acceptance of said Deeds and deposit
them with the County Recorder for recordation within tan(10)days of the date City receives the
executed Deeds from Owner.
Settlement end Purohasa A�eemerrt
C. Within ten(10)days of the date City receives the executed Deeds from
Owner,City shall cause to be filed with the San Luis Obispo Superior Court a Petition for Refund of
the deposit on file with San Luis Obispo County in this action. Said petition shalt request an order
from the Count that the$7,300 previously deposited by City for the benefit of defendants in the
eminent domain action be withdrawn from the deposit and made payable directly to City,in care of
its counsel at the address indicated in Section 8 herein. Buyer shall pay the purchase price of
$30,000 to Owner not later than thirty(30) days following Buyer's receipt of the executed Deeds.
3. REPRESENTATIONS AND WARRANTIES.
A City hereby represents and warrants to Owner that(i)it has the legal power, right
and authority to enter into this Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby, (i)all requisite action has been taken by City
in connection with the entering into of this Agreement and the instruments referenced herein, and
the consummation of the transactions contemplated hereby; and (ii) no consent of any other party
is required.
B. Owner hereby represents and warrants to City that()it has the legal power, right
and authority to enter into the Agreement and the instruments referenced herein, and to
consummate the transactions contemplated hereby; (i)all requisite action (corporate,trust,
partnership or otherwise) has taken by Owner in connection with the entering into this Agreement
and the instruments referenced herein, and the consummation of the transactions contemplated
hereby;and (n)no consent of any other party is required.
C. The project for which City requires said temporary construction easements is the
Foothill Bridge Replacement Project City's contractor shall carry general comprehensive
insurance having not less than One Million ($1,000,000.00)Dollar coverage,and said contractor
shall be bonded for performance.
D. In the even that said Real Property is damaged during the construction of said
Project,Owner shall notify City within seven(7)days of said damage and City shall cause its
contractor to repair said damage.as soon as is reasonably possible.
E The City agrees to restore the subject property to its existing condition as is
reasonably possible upon completion of the Project
F. Owner warrants that there are no leases on the property other than those for rental
of the apartments.
Settlemerd and Purchase Apreement
Pag
n'
G. This agreement between Owner and City is subject to approval by the City Council
of the City of San Luis Obispo.
4. INDEMNIFICATION.
City shall save, defend,indemnify and hold harmless,Owner,its directors,officers,
employees and agents, successors and assigns(herein collectively called Indemnified Partiesl
from and against any and all suits, actions,legal or administrative proceedings,claims, demands,
actual damages,fines, punitive damages; losses, costs,liabilities, interest, attorneys fees
(including any such fees and expenses incurred enforcing this indemnity) (herein collectively called
`Damages/arising from the construction of said project The covenants set forth in this Section
shall survive delivery of the Deed.
5. DISMISSAL OF EMINENT DOMAIN ACTION &RELEASE OF US PENDENS.
City shall dismiss said eminent domain lawsuit upon recordation of the grant of easement,
and City shall record a Release of Lis Pendens.
6. RELEASE OF CLAIMS.
Owner hereby releases and forever discharges,on behalf of the Owner, and its partners,
affiliates,creditors,successors, assigns, heirs, executors and administrators,the City and the
City's Council Members, and Citys employees, agents,contractors and affiliates from any and all
demands,claims or causes of action against the City of San Luis Obispo arising out of or
pertaining to the acquisition of the Easements in Owner's Real Property,including but not limited to
any claims for just compensation,litigation expenses,attorney's fees and costs including, but not
limited to,costs incurred to defend the lawsuit,statutory relocation assistance and/or benefits,loss
or damages for inverse condemnation,unreasonable precondemnation delay,or unreasonable
precondemnation activities. In giving this release,the Owner and Sublessee waive the protection
of Civil Code Section 1542,which statute provides as follows:`A general release does not extend
to claims which the creditor does not know or subject to exist in his favor at the time of executing
the release,which if known by him must have materially affected his settlement with the debtor!
7. GOVERNING LAW.'
This Agreement shall be construed and enforced in accordance with the applicable laws of
the State of California
Bet wat and Rmohese Agrewmrrd
^M3
8. NOTICE.
All notices or other communications required or permitted hereunder shall be writing, and
shall be personally delivered,sent by national overnight courier service,sent by facsimile
transmission, if also sent by one of the other methods provided in this Section,or sent by
registered or certified mail,first class postage prepaid, return receipt requested, and shall be
deemed received upon the earlier of(i)the date of delivery to the address of the person to receive
such notice; (ii)the date of the facsimile;or(ii)three (3) business days after the date of posting
with the United States Postal Service at the following addresses:
To Owner.
To City .With Copy to:
Barbara Lynch Jonathan Lowell
City of San Luis Obispo City Attorney,City of San Luis Obispo
955 Mono Street 990 Palm Street
San Luis Obispo, CA 93401 San Luis Obispo, CA 93401
Notice will be effective or deemed effective on the date of delivery, if personally delivered
or sent by facsimile or courier service, or if mailed,three(3)days after deposit with the United
States Postal Service. Any party to this Agreement may change its address for receipt of notices
by giving notice of such changes to the other party in the manner set forth in this Section. Neither
the rejection of a notice by the addressee or the inability to deliver a notice because of a change of
address for which no change of address notice was received,shall affect the date on which such
notice is deemed received.
9. MISCELLANEOUS.
A. Time. Time is of the essence of this Agreement with respect to each and every
provision hereof in which time is a factor.
B. Entire Agreement .;This Agreement,including the Exhibits attached hereto,
contains the entire agreement between the parties pertaining to the subject matter hereof and fully
supersedes any and all prior agreements and understandings between'the parties. No change in,
modification of or amendment to this Agreement shall be valid unless set forth in writing and signed
by all of the parties subsequent Io the execution of this Agreement
Settlement and R ramw Agreement
Page 4 0
F==X WIT 66C9y
C. Further Assurances. Each of the parties agrees that it will without further
consideration execute and deliver such other documents and take such other action as may be
reasonably requested by the other party to consummate more effectively the purposes or subject
matter of this Agreement
D. Successors. Subject to the provisions of this Agreement,this Agreement shall be
binding upon and shall inure to the benefit of t1ftparties hereto, and their respective heirs,
executors,representatives,successors and assigns.
E. Severability. In the event any provision of this Agreement shall be determined by
a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability
shall be effective only to the extent of such determination and shall not prohibit or otherwise render
ineffective any other provision of this Agreement
F. Exhibits. References herein to exhibits are to Exhibit A, attached hereto,which
exhibits are hereby incorporated by reference.
G. Counterparts. This Agreement may be executed in counterparts,each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument
Signature pages may be detached from the counterparts and attached to a single copy of this
Agreement to physically form one document
IN WITNESS WHEREOF, City and Owner has executed this Agreement as of the date first
written above.
APPROVED AS TO FORM: CITY OF SAN LUIS OBISPO
Zrney�
DAVID F. ROMERO
Mayor
SELECT INCOME PROPERTIES 6
a Cal' is Limited Partnership
General Partner
setaerw►t and Rohm Npwn ent
�Pa�g(e 5
(�`�i'-S—1
EXHIBIT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On 07/06/2004 before me, Manuel Torres, Notary Public, personally appeared Arlette O' Donnell,
❑ personally known to me - OR - ® proved to me on thE
MANUEL TORRES basis of satisfactory evidence to be the personK-whosf
40COMM.
PUBLIC-CALIFORNIA an�e(COMM. x1279702 nsolare—subscribed to the within instrument an(
$AN LUI$OBISPO COUNTY �
v My Comm.Expires October 7,2004" acknowledged to me that is i /Lberexecuted the same it
jh&a���� authorized capaciy(ies)-, and that b3
,,hid e r signatup(sj on the instrument the person--a
the entity upon behalf of which the perso acted
executed the instrument.
WITNESS my hand and al eal.
Signature of Nota
OPTION
Though the data below is not required by law, it may pro a valuable to persons relying on the document an(
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual Settlement and Purcahase Agreement
❑ Corporate Officer
Title or Type of Document
Title
❑ Partner(s) ❑ Limited 6
❑ General Number of Pages
❑ Attorney-in-Fact
❑Trustee(s) 07/06/04
❑ Guardian/Conservator Date of Document
❑ Other:
Absent Signer(Principal) is Representing: Signer(s) Other Than Name(s) Above
ADM-005(06/00)
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Temporary Construction Easement described in the within instrument and consents
to the recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo, a public body corporate
and politic,of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this day of 2004, before me, Diane Reynolds,Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature,the entity upon behalf of which he acted executed .
the instrument
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
LINE TABLE - EXHIBIT "B"
LINE LENGTH BEARING ? 6bg
LO 13.544 S89'17'49'E \
L1 16.672 N01.51'08'E
L2 11.528 S87.01'06'E \
L3 20.780 N80'51'10'E
L4 1.570 S10'59'54'E
L5 3.478 N53'25'20'E
L6 4.380 N80415'13'E
L7 5.190 S10'24'12'E
L8 2.642 N78'10'13'E Doc. No. 2000-073535
L9 10.754 N10*32'31'W ,- &. 2001-002824
L10 7.441 N14.22'16'E
L11 7.442 NO3.15'42'E 5 Parcel 1 of 37/PM/13
L12 5.567 N06.13'26'W
L13 8.155 N12.44'25'W
L14 11.291 N24.03'47'W
L15 8.615 N67.47'42'E pp,
L161 13.249 N68.391191E c' >
Section Corner Lot 29
Sections 22,23,26 and 27 2/MB/36 N _-N ec`c
Fd 3.5" Brass Disk stamped J Containing 0.039,\\v ��Q,
"Black CO Survey" per hectares :,O ca
81/LS/31 1993/OR/600 O ,. J 1
(4,239 sq. ft.)
Point of Commencement more or less. �`���'
_
r L2 �-3 ''�' Jv8 -----------'%
I.- 1315�ORI8?��! E 114_93_6 True Point Of
2303 - - B\Vd Beginning N) \
-- LO
S89'17'40"E
W75.48'S
1wmms1
1 : 800
A portion of the land described in the grant deed to
Select Income Properties 6, a California limited
partnership recorded July 11, 1977 in Book 1993 of
Official Records at Page 600 of Official Records in
the Office of the County Recorder of the County of
San Luis Obispo, State of California..
Sheet 1 of 1
John L. Wallace & Associates
477-0001 select6-10 1:800 01/28/04 apn 052-252-026 C,G-l��
V�
Thence north 03015'42" east 7.442 meters;
Thence north 06013'26" west 5.567 meters;
Thence north 12°44'25" west 8.155 meters;
Thence north 24°03'47" west 11.291 meters;
Thence north 67°47'42" east 8.615 meters;
Thence north 68°39'19" east 13.249 meters to a point from which said tag stamped LS
7318 bears south 37°37'00" east 70.420 meters.
Excepting therefrom that portion lying southerly of that certain course of the land
described in the deed of easement to the City of San Luis Obispo recorded in Volume
1315 of Official Records at Page 520 in the Office of the County Recorder of said County
having a bearing and distance of south 52°28' west 163.37 feet per said deed of easement
[south 53°25'20"west per this description].
Containing 0.0394 hectares (4,239 sq. ft.) more or less..
The above-described piece of land is graphically shown on Exhibit "B" attached hereto
and made a part hereof.
End of Description.
��tAP1p S�
y
George 1VMarchenko LS 6964 Date LS.6964
License Expiration Date: 9/30/2005 Sj�pi,2t�
select6-10.doc �aF CAS-�F�P
apn 052-252-026
V�
Exhibit A
Legal Description
That portion of the land described in the grant deed to Select Income Properties 6, a
California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at
Page 600 of Official Records in the Office of the County Recorder of the County of San
Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of
California, lying southerly and easterly of the following described line:
Commencing at the corner common to Sections 22,23,26 and 27, on the northerly line of
Foothill Boulevard, as shown on the map of California Park Subdivision filed December
2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said
County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31
of Licensed Surveys in the Office of the County Recorder of said County, from which a
found tag stamped LS 7318 marking the.intersection of Foothill Boulevard with Casa
Street cap as shown on said Record of Survey bears, north 81°23'03" east 114.936 meters
[north 79021'1117 east 114.941 meters calculated from data per said Record of Survey];
Thence south 89'17'49" east 13.544 meters to a point on the northerly line of Foothill
Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps;
Thence north 01'51'08" east 16.672 meters;
Thence south 87°01'06" east 11.528 meters;
Thence north 80°51'10" east 20.780 meters;
Thence south 10°59'54" east 1.570 meters;
Thence north 53°25'20" east 3.478 meters;
Thence north.80°15'13" east 4.380 meters;
Thence south 10°24'12" east 5,190 meters;
Thence north 78°10'13" east 2.642 meters to the True Point of Beginning;
Thence north 10°32'31" west 10.754 meters;
Thence north 14'22'16" east 7.441 meters;
At the completion of the Project,CITY agrees to restore the Easement Area to its original
condition as nearly as is practicable.
CITY shall indemnify and hold OWNER hamrdess from any fiablity for injuries or damage
resulting from the acts of CITY'S agent, employees or contractor;on the easement Area pursuant
to this TCE
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
set forth next to their respective signatures as follows:
Dated:.JA 2004 SELECT INCOME PROPERTIES 6,
a Califomia Limited Partnership
By:
c � e.
General Partner
State of C4 Lilo/�1S )
)ss.
County of6�/`5'0'0 )
On -)'V d ,2004, before me,personally appeared
le*4-P Q Do n rr e /1 personally known to me or proved to
me on the basis of satisfactory evidence to be the perso ose namoKoare subscribed to
the within instrument and acknowledged to me ecuted the same in sir-
authorized capaciti)r(, ,and that by m&&d6 eiFsignaturos-onthe instrument the persoo(s};er;
the entity upon behalf of which the persoDos aMd,executed the instrument
WITNESS my hand and official seal.
o
V MAIVLF5 TORRE& ,
COMM. !1279702
sAN z°0911Z�koo°Hpry o gignee otary Public
SMY Comm.EXPIF06 JC100i 7.2004
Recording Requested by: EXHIBIT s c s s
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo, CA 93401
APN: 052-252-026
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 21383 AND 6103
TEMPORARY CONSTRUCTION EASEMENT
BY AND BETWEEN
THE CITY.OF SAN LUIS OBISPO AND SELECT INCOME PROPERTIES 6
SELECT INCOME PROPERTIES 6, a Cal'domia Limited Partnership, ("Owner") hereby
grants to the City of San Luis Obispo, its agents,employees and contractors, a temporary
construction easement UCn for creek maintenance and vegetation establishment on,over and
across certain real property owned by the OWNER,located at APN 052-252-026,San Luis
Obispo,CA and as more particularly described on Exhibit"A" attached hereto ("Easement Area"),
for the purpose of installing,constructing and/or improving the Foothill Bridge at Stenner Creek,
located on adjacent and nearby property, and accomplishing all necessary incidents and
appurtenances thereto(`Project).
Under this TCE, CnY's use of the Easement Area shall be exclusive. As a result, CITY,
from time to time,may exclude persons or other uses of all or a portion of the Easement Area if,in
CIIY's sole discretion,the presence of said persons or other uses would be hazardous or would
hinder CITVs activities related tdthe Project
This temporary easement shall commence on June 15, 2004,and shall expire not later
than fourty-eight(48) months thereafter or on the completion of construction,whichever shall first
occur.
Owner acknowledges that it has received compensation from City for the TCE.
Y
CERTIFICATE OF ACCEPTANCE
Govemment Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Temporary Constriction Easement described in the within instrument and consents
to the recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo,a public body corporate
and politic,of the State of California. Requestfor recordation withoutfee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
} SS
COUNTY OF SAN LUIS OBISPO )
On this day of 2004, before me, Diane Reynolds,Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity,and that by his signature,the entity upon behalf of which he acted executed
the instrument
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
C*tD
. EXHIBIT 'tB" IT�`��
_LINE TABLE
LINE LENGTH BEARING \
LO 6.667 N89'17'58'W
L1 22.344 N03451'21'E
L2 16.574 S86'44'18'E
=45.6
N80'15'13'E \
S07'33'01'E
S80'S1'10'WDoc. No. 2000-073535
N87'Ol'06'W & 2001-002824
S01'51'08'W
N89'.... W Parcel 1 of 37/PM/13
Section Corner Lot 29
Sections 22,23,26 and 27 2/MB/36 �c`c
Fd 3.5° Brass Disk stamped 'Containing 0.0319hectores �Q
"Black CO Survey" per
81/LS/31 1993/OR/600 (3,429 sq. ft.)
more or I ss. F0,J
Point of Commencement
L 2 L3 r-
L6
N $1.23'03__E __114____ d N660'I so
Foothl\\ B1v p
T 08
LO L8 True Point Of
Beginning N7y�48+
S89'17'40"E
t a> METIM 1
a • a ,•
1 : 800
A portion of the land described in the grant deed to
Select Income Properties 6, a California limited
partnership recorded July 11, 1977 in Book 1993 of
Official Records at Page 600 of Official Records in
the Office of theCounty Recorder of the County of
San Luis Obispo, State of California.
Sheet 1 of 1 John L. Wallace & Associates
477-0001 select6-8&8A 1:800 01/28/04 apn 052-252-026 C4-4(y
XE t
Thence south 80°51'10" west 20.780 meters;
Thence north 87001'06" west 11.528 meters;
Thence south 01051'08" west 16.672 meters to said northerly line;
Thence, along said northerly line, north 89'17'40" west 6.877 meters to the True Point of
Beginning.
Containing 0.0319 hectares (3,429 sq. ft.) more or less.
The above-described piece of land is graphically shown on Exhibit `B" attached hereto
and made a part hereof.
End of Description.
G dt -�ti
61 1.AfVD S'
George t Marchenko LS 6964 Date
License Expiration Date: 9/30/2005 O
LS.6964
select6-8MA.doc N� g'30-OS 'NQ
apn 052-252-026
d U a,
Exhibit A
Legal Description
A portion of the land described in the grant deed to Select Income Properties 6, a
California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at
Page 600 of Official Records in the Office of the County Recorder of the County of San
Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of
California,being more particularly described as follows:
Commencing at the corner common to Sections 22,23,26 and 27, on the northerly line of
Foothill Boulevard, as shown on-the map of California Park Subdivision filed December
2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said
County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31
of Licensed Surveys in the Office of the County Recorder of said County, from which a
found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa
Street cap as shown on said Record of Survey bears, north 81°23'03" east 114.936 meters
[north 79'21'11" east 114.941 meters calculated from data per said Record of Survey];
Thence south 89°17'58" east 6.667 .meters to a point on the northerly line of Foothill
Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and
the True Point of Beginning;
Thence north 03°51'21" east 22.344 meters;
Thence south 86°44'18" east 16.574 meters;
Thence north 80115'13" east 20.952 meters;
Thence south 07°33'01" east 5.664 meters;
n�
At the completion of the Project,CITY agrees to restore the Easement Area to its original
condition as nearly as is practicable.
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent,employees or contractors on the easement Area pursuant
to this TCE.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
set forth next to their respective signatures as follows:
Dated: 2004 SELECT INCOME PROPERTIES 6,
a California Limited Partnership
General Partner
State of �A��o��J,147 )
ss.
County of Son Alis 06,`sgpa )
Onof�y 06 —92004, before me, personally appeared Adtfl4e- ONYl W
personally known to me or proved to me on the basis of
satisfactory evidence to be the p hose namg(sL pre-subscribed to the within instrument
and acknowl ged to me that h executed the same in'authorized
capacity wand that by ' signatureA-an the instrument the persons);vr'the entity
upon behalf of which the person,(syeffe-d,executed the instrument
WITNESS my hand and official seal.
?@my
MANUELTORRES
COMM.01279702
NOTARY PUBLIC-CALIFORNIA
SAN LUIS OSISPO COUNTY O
�_ Comm.Expires 000ber 7,2004' Sign of Notary Public
'6901T 66C
Recording Requested by:
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo, CA 93401
APN: 052-252-026
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
TEMPORARY CONSTRUCTION EASEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND SELECT INCOME PROPERTIES 6
SELECT INCOME PROPERTIES 6, a California Limited Partnership, ("Owner") hereby
grants to the City of San Luis Obispo,its agents,employees and contractors, a temporary
construction easement(7CEJ for access to staging area, on,over and across certain real
property owned by the OWNER,located at APN 052-252-026,San Luis Obispo,CA and as more
particularly described on Exhibit W attached hereto("Easement Areal,for the purpose of
installing,constructing and/or improving the Foothill Bridge at Stenner Creek,located on adjacent
and nearby property, and accomplishing all necessary incidents and appurtenances thereto
(`Project").
Under this TCE, CITY's use of the Easement Area shall be exclusive. As a result, CITY,
from time to time,may exclude persons or other uses of all or a portion of the Easement Area 9,in
CITY's sole discretion,the presence of said persons or other uses would be hazardous or would
hinder ClWs activities related to the Project
This temporary easement shall commence on June 15, 2004,and shall expire not later
than twenty-four(24) months thereafter or on the completion of construction,whichever shall first
occur.
Owner acknowledges that it has received compensation from City for the TCE.
M-
66
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF SAN LUIS OBISPO hereby accepts for public
purposes the Temporary Construction Easement described in the within instrument and consents
to the recordation thereof.
CITY OF SAN LUIS OBISPO
By
Mayor
This document is for the benefit of the City of San Luis Obispo,a public body corporate
and politic,of the State of California. Request for recordation without fee is made in accordance
with Sections 6103 and 27383 of the Government Code of the State of California.
ATTEST:
CITY OF SAN LUIS OBISPO
By
City Clerk
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this day of .2004, before me, Diane Reynolds,Acting City Clerk,
personally appeared Mayor David F. Romero known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature,the entity upon behalf of which he acted executed
the instrument
WITNESS my hand and official seal.
Diane Reynolds
Acting City Clerk
L- X13
EXHIBIT "B11
LINE TABLE
LINE LENGTH BEARING \
L01 6.667 S89'17'58'E
1-1 22.344 NO3'51'21'E
L'2 16.574 S86'44'18'E
L3 20,952 N80'15'13'E \
L4 6.494 N09'33'54'W
L51 12.875 N78'55'46'E Doc. No. 2000-073535
L6 7.441 S14.22'16'W & 2001-002824
L7 2.140 S10'32'31'E
L8 11.278 S53625'20'W Parcel 1 of 37/PM/13
L9 1.570 N10*59'54'W
L10 5,664 N7'33'1'W \
True Point Of
Section Corner Beginning Lot 29
Sections 22,23,26 and 27 2/MB/36
Fd 3.5" Brass Disk stamped Cont ining 0.0122hectares
"Black CO Survey" per L5 (1,31 sq. ft.)
81/LS/31 1993/OR/600 �c
co more or less. a
Point of Commencement
L2 `3
S 89'37'28" E
LO 67.no
8\va
LO oE
X55"E \
S89'17'40"E
( IN UMM 1
w o s ro
1 : 800
A portion of the land described in the grant deed to
Select Income Properties 6, a California limited
partnership recorded July 11, 1977 in Book 1993 of
Official Records at Page 600 of Official Records in
the Office of the County Recorder of the County of
San Luis Obispo, State of California.
Sheet 1 of 1 John L. Wallace & Associates '
477-0001 select6-9 1:800 01/28/04 apn 052-252-026 C f,'�
Thence south 53125`20" west 11.278 meters to a point from which said tag stamped LS
7318 bears south 89°37'28" east 67.230 meters;
Thence north 10°59'54" west 1.570 meters;
Thence north 07°33'01" west-5.664 meters to the True Point of Beginning.
Containing 0.0122 hectares (1,312 sq. ft.) more or less.
The above-described piece of land is graphically shown on Exhibit `B" attached hereto
and made a part hereof.
End of Description.
C- �o�c�i a Z-Z- 04
George Y. Marchenko LS 6964 DateQa c �o
License Expiration Date: 9/30/2005 is L&6964
�CR CAI.tFC�
select6-9.doc
apn 052-252-026
SX I IT ,
166 rvr ,
Exhibit A
Legal Description
A portion of the land described in the grant deed to Select Income Properties 6, a
California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at
Page 600 of Official Records in the Office of the County Recorder of the County of San
Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of
California,being more particularly described as follows:
Commencing at the corner common to Sections 22,23,26 and 27, on the northerly line of
Foothill Boulevard, as shown on the map of California Park Subdivision filed December
2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said
County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31
of Licensed Surveys in the Office of the County Recorder of said County, from which a
found tag stamped LS 7318 marking the.intersection of Foothill Boulevard with Casa
Street cap as shown on said Record of Survey bears, north 81°23'03" east 114.936 meters
[north 79'21.'l I" east 114.941 meters calculated from data per said Record of Survey];
Thence south 8911758" east 6.667 meters to a point on the northerly line of Foothill
Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps;
Thence north 03°51'21" east 22.344 meters;
Thence south 86°44'18" east 16.574 meters;
Thence north 80°15'13" east 20.952 meters to the True Point of Beginning;
Thence north 09°33'54" west 6.494 meters;
Thence north 78055146" east 12.875 meters;
Thence south 14°22'16" west 7,.441 meters;
Thence south 10°32'31" east 2.140 meters;
At the completion of the Project,CITY agrees to restore the Easement Area to its original
condition as nearly as is practicable.
CITY shall indemnify and hold OWNER harmless from any liability for injuries or damage
resulting from the acts of CITY'S agent, employees or contractors on the easement Area pursuant
to this TCE.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date
set forth next to their respective signatures as follows:
Dated: L 2004 SELECT INCOME PROPERTIES 6,
a California Limited Partnership
v
General Partner
State of Cgkk oia
ss.
County L S 1J�of S4.r �, �1.5 1(2p
On �° ,2004, before me, personally appeared k1f#f 090411-el
personally known to me or proved to me on the basis of
satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity
upon behalf of which the person(s)acted,executed the instrument
WITNESS my hand and official seal.
�Iql MAIN
MANUELTORRES
C� COMM../1279702
C NSANNLU S O SPOCOUNTYA o Signature otary Public
My Comm EKOirOS OCt0o0i 7,2001 h
Recording Requested by:
CITY OF SAN LUIS OBISPO
When Recorded Mail To:
Barbara Lynch
City of San Luis Obispo
Department of Public Works
955 Morro Street
San Luis Obispo,CA 93401
APN: 052-252-026
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF SAN LUIS OBISPO,A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
TEMPORARY CONSTRUCTION EASEMENT
BY AND BETWEEN
THE CITY OF SAN LUIS OBISPO AND SELECT INCOME PROPERTIES 6
SELECT INCOME PROPERTIES 6, a Califomia Limited Partnership, ("Owner") hereby
grants to the City of San Luis Obispo,its agents,employees and contractors, a temporary
construction easement CTCEJ for construction and staging area on, over and across certain real
property owned by the OWNER,located at APN 052-252-026,San Luis Obispo,CA and as more
particularly described on Exhibit"A"attached hereto("Easement Areal,for the purpose of
installing,constructing and/or improving the Foothill Bridge at Stenner Creek,located on adjacent
and nearby property,and accomplishing all necessary incidents and appurtenances thereto
(`Project').
Under this TCE,Cn Y's use of the Easement Area shall be exclusive. As a result,CITY,
from time to time,may exclude persons or other uses of all or a portion of the Easement Area if,in
CITY's sole discretion,the presence of said persons or other uses would be hazardous or would
hinder CITY's activities related to the Project
This temporary easement shall commence on June 15,2004,and shall expire not later
than twenty four(24) months thereafter or on the completion of construction,whichever shall first
occur.
Owner acknowledges that it has received compensation from City for the TCE.
� r)