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Home My WebLink AboutD-2012 APN 003-721-027 Recorded 11.17.15RECORDING REQLESTED BY: FIRST,ttMERICAIN Tt1� ° n TOMMY GONG ASK RECORDING REQI[]E San Luis Obispo County— Clerk/Recorder 11/17/2015 WHEN RECORDED MAIL TO; Recorded at the request of 8:07 AM i First American Title Company City of San Luis Obispo Community Development Departmen 3 t' 0 2 015 919 Palm Street San Luis Obispo, CA 93401 -3218 APN: 003 - 721 -027 and -052 -+ 2� �D —LT-- oo«: 2015058528 AGREEMENT RELEASING COVENANT TO HOLD PROPERTY AS ONE PARCEL Titles: 1 Pages: 4 Fees 23.00 Taxes 0.00 Others 0.00 PAID $23.00 This Agreement Releasing Covenant to Hold Property as One Parcel is entered into by and between James B. Dummit and Theresa Dutra Dummit, Trustees of the Dummit Family Trust dated October 10, 2002, ( "Owner ") and the CITY OF SAN LUIS OBISPO, a California Municipal corporation and charter city (the "City "). Recitals. A. WHEREAS, Owner is the owner of certain real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, commonly known as 2074, 2078 and 2104 Parker Street, hereinafter referred to as the "Property ", and legally described as follows: See Exhibit "A" attached hereto. B. WHEREAS, as a condition of constructing a commercial building on the Property, City required that the property owner at the time, James B. Dummit ( "JBD "), enter into a lot tie agreement in order to meet building code requirements. C. WHEREAS, a "Covenant and Agreement to Hold Property as One Parcel" was made by and between the City and JBD, which was recorded on April 8, 1999, as Document No. 1999- 025289 of the Official Records of the County Recorder of San Luis Obispo County (the "Lot Tie Agreement "), pursuant to which JBD agreed that the Property would be held as one parcel and could not be sold separately. D. WHEREAS, Owner has succeeded to all right, title and interest of JBD in and to the Property. E. WHEREAS, the Property has been merged into a single parcel for condominium purposes by the recordation of Parcel Map SLO 13 -0039 in Book '-I8' of Parcel Maps Pages-3'A to Ito in the Office of the County Recorder of said County. F. WHEREAS, the Lot Tie Agreement is no longer needed, and Owner desires to terminate said Lot Tie Agreement, and the City approves of Owner's termination of said Lot Tie Agreement. D -Z0 / -Z- NOW THEREFORE, the parties hereto agree as follows: The Lot Tie Agreement is hereby terminated, released and extinguished. 2. This instrument shall be binding on and insure to the benefit of the heirs, executors, administrators, successors and assigns of the parties, and is a covenant running with the land. 3. If any one or more of the provisions contained in this instrument are held to be invalid or unenforceable in any respect, such invalidity or unenforceability shall not affect any other provision hereof, and the intent manifested thereby shall be recognized. 4. Each individual executing this instrument on behalf of a party hereto, by his or her signature, represents that he or she maintains full authority on behalf of the applicable party to execute this instrument, and thereby bind the applicable party to all covenants, duties and obligations contained herein. 5. This instrument may be executed in any number of counterparts, each such counterpart being deemed to be an original instrument, and all such counterparts shall together constitute the same agreement. DUMMIT FAMILY TRUST dated October 10, 2002 lv Z 1 -Lt L==� JAies B. Dummit Date Theresa Dutra Dummit Dat CITY OF SAN LUIS OBISPO, a California Municipal corporation and charter city Anne Schneider {� } , q „„L Ih , S A Date Chief Building Official APPROVED AS TO FORM: J. 1�-Jrjstine Dietrick, City Attorney A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo } �� I5" � i ,.lean beLc00 PL) ic- On ,before me, Date I n + dame and �TRIP of lthe Officer personally appeared, dusts � PurrY'1' & I -r�5� l.�y"i?- Dm, l who proved to me on the basis of satisfactory evidence to be the persons whose names is/@M subscribed to the within instrument and acknowledged to me that he /she= executed the same in his/her /their authorized capact ies }, and that by his/her/ttleir signatures on the instrument the person, or the entity upon behalf of which the persorKA} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WEN01 JEAN DE LEON Commission N 2117210 WITNESS my ha d and official seal. -1 Notary Public - California San Luis Obispo County M Comm. Expires Jan 26 2019 Signature. --------- Sign re rNwary p6lic Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo } On a er+ cr )0 t.a , before me, Lt. -yc ; c- L . i.o,nlg, f a 4w rj P14 1i - Date J Name and We of the Officer personally appeared, 1413 130- jV1, 5 Name who proved to me on the basis of satisfactory evidence to be the persor�<whose name is /subscribed to the within instrument and acknowledged to me that .f4 /she/W executed the same in hWher4herr authorized capacity <and that byji9/tier /fir signature,Kon the instrument the perso*r, or the entity upon behalf of which the person�sj" acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LAURIE L THOMAS WITNESS m hand and official seal. u commission # 19ssaT7 Y z ; a Notary Public - California z Z ' i. San Luis Obispo County M Comm. Expires Feb 14, 2016 Signature _ ►� ,,_� Signal rc o oiary Public Place Notary Seal Above E0101t "A" LEGAL DESCRIPTION Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: PARCEL 1: APN 003 - 721 -027 THAT PART OF LOTS 3 AND 4 IN BLOCK 152 AND A PORTION OF THE UNSUBDIVIDED PART OF SAID BLOCK 152 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MAY 8, 1876 IN BOOK A, PAGE 123 OF MAPS, AND AS PER "CERTIFICATE OF COMPLIANCE" RECORDED JANUARY 31, 1983 IN BOOK 2461, PAGE 230 OF OFFICIAL RECORDS, AND AS PER COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL RECORDED APRIL 8, 1999 AS INSTRUMENT NO. 1999 - 025289 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 152, AT THE INTERSECTION OF THE WEST LINE OF BEEBEE STREET, 60 FEET WIDE AND THE NORTH LINE OF SOUTH STREET, 60 FEET WIDE; THENCE NORTH 89 °32' WEST ALONG SAID NORTH LINE OF SOUTH STREET 150.00 FEET TO A POINT; THENCE NORTH 0 °58' EAST, 574.72 FEET TO THE TRUE POINT OF BEGINNING, BEING THE SOUTHWEST CORNER OF LOT 7 OF THE RESUBDIVISION OF PART OF SAID BLOCK 152, AS PER MAP RECORDED MAY 31, 1906 IN BOOK A, PAGE 122 OF MAPS; THENCE FROM SAID TRUE POINT OF BEGINNING, NORTH 89 °32' WEST, 189.39 FEET TO A POINT IN THE EASTERLY LINE OF A PROPOSED STREET 50 FEET WIDE; THENCE NORTH 7 032' EAST ALONG THE EASTERLY LINE OF SAID PROPOSED STREET, 110.84 FEET TO A POINT; THENCE SOUTH 89 032' EAST, 176.71 FEET TO A POINT IN THE WEST LINE OF LOT 5 OF THE RESUBDIVIDED PART OF BLOCK 152 AS PER SAID MAP RECORDED IN BOOK A, PAGE 122 OF MAPS; THENCE SOUTH 0 °58' WEST ALONG THE WEST LINE OF LOTS 5, 6 AND 7 OF SAID RESUBDIVIDED PART OF SAID BLOCK, 110.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: APN 003 - 721 -052 THAT PORTION OF LOT 4 IN BLOCK 152 AND A PART OF THE UNSUBDIVIDED PART OF SAID BLOCK 152 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MAY 8, 1876 IN BOOK A, PAGE 123 OF MAPS, AND AS PER "CERTIFICATE OF COMPLIANCE" RECORDED JANUARY 31, 1983 IN BOOK 2461, PAGE 230 OF OFFICIAL RECORDS, AND AS PER COVENANT AND AGREEMENT TO HOLD PROPERTY AS ONE PARCEL RECORDED APRIL 8, 1999 AS INSTRUMENT NO. 1999 - 025289 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 152, AT THE INTERSECTION OF THE WEST LINE OF BEEBEE STREET, 60 FEET WIDE AND THE NORTH LINE OF SOUTH STREET, 60 FEET WIDE; THENCE NORTH 89 032' WEST ALONG SAID NORTH LINE OF SOUTH STREET 150.00 FEET TO A POINT; THENCE NORTH 0 °58' EAST, 528.57 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89 °50' WEST, 194.95 FEET; THENCE NORTH 7 032' EAST, 48.67 FEET TO THE SOUTHWEST CORNER OF THE LAND DESCRIBED IN QUITCLAIM DEED TO SANDOVAL COMPANY, A CORPORATION, DATED OCTOBER 2, 1956; THENCE SOUTH 89 032' EAST ALONG THE SOUTH LINE OF THE LAND DESCRIBED IN SAID QUITCLAIM DEED, 189.39 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE SOUTH 0 °58' WEST, 46.15 FEET TO THE TRUE POINT OF BEGINNING.