HomeMy WebLinkAboutD-2078 Affordable Housing Rental Restriction agreement and Declaration of Restrictive CovenantsW
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
No fee for recording pursuant to
Government Code Section 27383
2017w48545
Tommy Gong
San Luis Obispo - County Clerk -Recorder
10/23/2017 02:36 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 14
Fees: $0.00
Taxes: $0.00
Total: $0.00
1111 �list i� t?1011' Ti,�11 II
(Space above/or Recorder's Use)
AFFORDABLE HOUSING RENTAL RESTRICTION AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS
(Rental Affordable Units for Hotel SLO; APN 003-55 1 -001 & 003-551-009)
This AFFORDABLE HOUSING RENTAL RESTRICTION AGREEMENT AND
DECLARATION OF RESTRICTIVE COVENANTS ("Agreement") is made and entered into on
this day of 13th day of kdohm , 2017, by and between the City of San Luis Obispo, a California
charter city and municipal corporation (the "City"), and 1604 Morro Street, LLC, a California
Limited Liability Company (the "Owner"), collectively referred to as the "Parties."
RECITALS
A. On November 17, 2009, the City Council adopted Resolution No. 10138 (ARC -30-
09; Chinatown Mixed Use) (the "Project Approvals") to approve construction of the Chinatown
Project, which includes Hotel SLO and other mixed uses.
B. Hotel SLO, LLC is the developer of Hotel SLO which is a part of the Chinatown
Proiect. Hotel SLO, LLC has assigned to Owner a portion of the Inclusionary Housing Requirement
under City's Municipal Code that is an obligation of the Chinatown Project. Owner has assumed the
obligation of Hotel SLO, LLC to provide for Hotel SLO's portion of the Inclusionary Housing
Requirement,
C. Owner is the owner of certain real property located at 1604 Morro Street in the City,
which is more particularly described in attached Exhibit A incorporated herein by this reference (the
"Property").
D. Owner wishes to provide Hotel SLO's Inclusionary Housing Requirement offsite at the
Property and rent the affordable units instead of paying the in -lieu fee.
E. Pursuant to Municipal Code Section 17.91.040 B, the City's Community Development
Department has established rental prices and income limits for affordable rental housing units (the
"Affordable Housing Standards"), The Owner is required to rent three (3) affordable residential units
("Units"), at Affordable Rents, as defined below, to low income households (the "Affordable Units")
in conformance with the rental prices and income limits established by the Affordable Housing
Standards.
0 2-0?S
F. Owner acknowledges it has no right to protest any and all fees, dedications,
reservations, and other exactions as may be included in this Agreement.
AGREEMENT
NOW, THEREFORE, the Parties agree and acknowledge that the above recitals are true and
accurate, and are incorporated into this Agreement by this reference, and the Parties mutually
acknowledge and agree as follows:
ARTICLE 1.
DEFINITIONS AND EXHIBITS
Section I.I. Definitions. In addition to terms defined elsewhere in the Agreement, the
following terms have the following meanings in the Agreement.
(a) "Affordable Rent" means the maximum total of monthly payments by the Tenant of
an Affordable Unit, which is to be calculated in accordance with the formula provided in the City of
San Luis Obispo Affordable Housing Standards.
(b) "Director" means the Community Development Director of the City or
successor position.
(c) "Eligible Household" means a household which has been determined by the
Housing Authority or other agency designated by the Director to be eligible to rent an Affordable Unit
as a Low -Income Household, in compliance with the Affordable Housing Standards and this
Agreement.
(d) "Household Income" means the combined gross, pre-tax income of all adult
occupants of the applicant household.
(e) "Housing Authority" means the Housing Authority of the City of San Luis
Obispo.
(fl "Low Income Household" is defined in the City of San Luis Obispo's
Affordable Housing Standards and means a household with a Household Income that does not exceed
eighty (80) percent of the area median income as determined by the California Department
of Housing and Community Development.
(g) "Tenant" is a household occupying an Affordable Unit pursuant to a valid
lease with the Owner.
(h) "Term" shall mean the term of this Agreement, which shall be in effect for
a fifty-five (55) year period from the date of this Agreement.
Section 1.2. Exhibits. The following exhibits are attached to this Agreement:
Exhibit A Legal Description of the Property
Exhibit B Map Showing Location of Affordable Units and Schedule of Affordable
Units.
ARTICLE 2.
CONSTRUCTION OF PROJECT AND AFFORDABLE UNITS
Section 2.1. Dedication of Affordable Units. The Owner agrees to dedicate and make available
three units as Affordable Units that are affordable to Low Income Households on the Property during
the Term.
Section 2.2. Design and Appearance of Affordable Units. The design, bedroom count,
appearance, and general quality of the Affordable Units shall be of the same as character of the
Property as a whole. The Owner agrees to provide the Affordable Units with a bedroom count mix of
two (2) one -bedroom units, and one (1) studio unit, in the location shown and described on Exhibit
B during the Term. If, after recordation of this Agreement, Owner proposes to change the location of
any Affordable Unit on the Property, Owner shall submit a written request for such change to the
Director, who shall have sole discretion to approve or deny such request.
Section 2.3. Dedication Timing. Within one hundred (120) days of recordation of this
Agreement, the three (3) Affordable Units will be occupied by or being actively marketed to low
income households.
ARTICLE 3.
RENT REGULATORY PROVISIONS
Section 3.1. AffordabilityndOccupancy Covenants. The Affordable Units shall be used
exclusively for rental housing for the Term. The Affordable Units shall not be kept vacant or used for
any purpose except for residential use and shall be offered for rent only to Eligible Households at
Affordable Rents.
Section 3.2. Schedule of Affordable Rents.
(a) The City has provided the Owner with a schedule of Affordable Rents for the
Affordable Units in effect on the date of this Agreement. Affordable Rents may be increased annually
thereafter as set forth in the City of San Luis Obispo Affordable Housing Standards. Except as provided
in subsection (b) of this Section, the Owner shall not charge any fee other than rent to any Tenant of
Affordable Units for any housing or other services provided by Owner.
(i) Increase from Low Income to Moderate Income. If, upon annual
recertification of a Tenant's income, the Owner and the Housing Authority determine that a former Low
Income Household's income has increased and exceeds the qualifying income for a Low Income
Household, but does not exceed the qualifying limit for a Moderate Income Household, then, upon
expiration of the Tenant's lease and after sixty (60) days written notice to the Tenant, the Tenant's monthly
Rent may be increased to one -twelfth of thirty percent (1/12th of 30) of the Eligible Household's Income or
market Rent, whichever is less. The Owner shall rent the next available Unit to a Low Income Household,
as applicable, at a Rent not exceeding the maximum Rent specified in subsection (a) of this Section.
(ii) Increase from Low Income or Moderate Income to Above Moderate
Income If, upon recertification annual of a Tenant's income, the Owner and the Housing Authority
determine that the Tenant's income has increased and exceeds the qualifying income for a Moderate Income
Household, then the Tenant shall be given ninety (90) days written notice to vacate the Unit upon expiration
of the Tenant's lease. If, within such ninety (90) -day period; another Unit is vacated which is not designated
as an Affordable Unit and is of appropriate bedroom size, the Owner may, at the Owner's option, allow the
Tenant to remain in the original Unit, raise the Tenant's rent to market rate following a minimum of thirty
(30) days' written notice to the Tenant and to the City, and designate the newly vacated Unit as an
Affordable Unit with the City's written consent in accordance with Section 2.2.
Section 3.3. Agreement to Limitation on Rents. The Owner further covenants that it has agreed to
limit Rents under Civil Code Sections 1954.52(b) and 1954.53(a)(2), as provided in this Agreement, in
consideration for the Chinatown Mixed Use Project approved by the City and proposed by the Owner.
Civil Code Sections 1954.52(b) and 1954.53(a)(2) provide that, where a developer has received such
incentives, certain provisions of Civil Code Section 1954.51 et sea. (the "Costa -Hawkins Act") do not
apply if a developer has so agreed by contract. The Owner hereby covenants that any Affordable Units
provided pursuant to this Agreement are not subject to Civil Code Section 1954.52(a) or any other
provision of the Costa -Hawkins Act inconsistent with controls on rents. The Owner further covenants that
this Agreement complies with all federal, State, and City laws and ordinances and that the terms of this
Agreement are fully enforceable.
Independent Consideration. City shall pay to Owner one dollar ($1.00) as independent consideration for
Owner's compliance with the terms of this Agreement including, but not limited to, those set forth in
Section 3.3. Owner and City agree that the independent consideration is an amount the parties bargained
for and agreed to as consideration for Owner's execution and performance of this Agreement.
Section 3.4. Income Certification.
(a) Prior to Owner entering into a lease with a prospective tenant of an Affordable
Unit, the prospective tenant household shall be certified as an Eligible Household by the Housing Authority
of the City of San Luis Obispo or other agency designated by the Director.
(b) Annually, thereafter, the Owner will obtain, complete and maintain on file,
immediately prior to initial occupancy and annually thereafter, income certifications for each Tenant
renting any of the Affordable Units. Owner shall obtain written certification by the Housing Authority or
other agency designated by the Director that the Affordable Units are being occupied by Eligible
Households in compliance with the terms of this Agreement.
Section 3.5. Reports to City. The Owner shall submit to the Director on or before July 31' of
each year, or at other such interval as mutually agreed by the Parties, a report in a form acceptable to
the City to enable the City to verify that the Affordable Units are being occupied by Eligible
Households in compliance with the terms of this Agreement. At a minimum, information to be
submitted shall include:
(a) Certifications of eligibility for all Tenants of Affordable Units at the time
of initial occupancy and upon the yearly anniversary of their continuing tenancies. Such certification
shall include verified income statements and number of persons in each Affordable
Unit.
Units.
(b) Certification of the amount of rent charged for the year for all Affordable
(c) Other information reasonably required by the City.
Section 3.6. InMections. The City reserves the right to inspect the premises upon reasonable
notice to the Owner to ensure that the Property is being maintained, operated, and used consistent with
this Agreement and applicable federal, state and local codes. The Owner agrees to correct all conditions
found by such inspections not to conform to the applicable requirements within ninety (90) days of
delivery of written notice from the City, or such period as necessary to correct the violations as
determined by the Director, provided that corrections are commenced within ninety (90) days and
prosecuted diligently to completion. Failure maintain the Property as required by this Agreement or to
correct such conditions shall be a Default, as defined below.
Section 3.7. Management of Property and Property Maintenance.
(a) Management Responsibilities. Except for the Housing Authority's initial
certification of a Tenant as an Eligible Household, the Owner is responsible for all management
functions with respect to the Property, including, without limitation, the annual recertification of
household size and Household Income (subject to review by the Housing Authority, the City or its
assignee), selection of Tenants, evictions, collection of Rents and deposits, maintenance, landscaping,
routine and extraordinary repairs, replacement of capital items, and security. The City shall have no
responsibility over management of the Property.
(b) PrQ12elly intenance. The City places prime importance on quality
maintenance to ensure that all developments within the City which include affordable housing units are
not allowed to deteriorate due to below-average maintenance. The Owner shall provide the Affordable
Units with the same level and quality of maintenance, including performance of repairs and periodic
replacement of fixtures as the other units in the Property. The Owner agrees to maintain all interior and
exterior improvements, including landscaping, on the Property in good condition and repair (and, as to
landscaping, in a healthy condition) and in accordance with all applicable laws, rules, ordinances, orders
and regulations of all federal, state, county, municipal, and other governmental agencies and bodies
having or claiming jurisdiction and all their respective departments, bureaus, and officials.
(c) Taxes and Assessments. The Owner shall pay all real and personal property taxes,
assessments, if any, and charges and all franchise, income, employment, old age benefit, withholding, sales,
and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any
penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that the
Owner shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event
the Owner exercises its right to contest any tax, assessment, or charge against it, the Owner, on final
determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment
rendered against it, together with all costs, charges and interest.
Section 3.8. Laws and Regulations. The Owner acknowledges that Owner is familiar
with and will comply with all local and State laws and regulations that pertain to construction, health and
safety, labor, fair housing practices, equal opportunity and all other matters applicable to maintaining sound,
safe and affordable rental housing.
ARTICLE 4.
ENFORCEMENT
Section 4.1. Covenants Running with the Land. The requirements of this Agreement shall be
covenants running with the land as defined in California Civil Code Section 1460 and shall apply to the
Property. Pursuant to Civil Code Section 1468, which governs such covenants, the provisions of this
Agreement shall be binding upon all Parties having any right, title, or interest in the Property, or any portion
thereof and on their heirs, successors in interest and assigns for the Term. The Parties agree that all future
deeds or transfers of interest regarding the Property shall show the restrictions of this Agreement for the
Term.
Section 4.2. Default. Failure of the Owner to satisfy any of Owner's obligations under the terms
of this Agreement within ninety (90) days after the delivery of a notice of default from the City will
constitute a default under this Agreement ("Default"). In addition to remedies for breach of this Agreement,
the City may exercise any and all remedies available to it under the Municipal Code or other any other
provision of law or equity, including but not limited to:
(a) withholding, conditioning, suspending or revoking any Property Approvals,
including without limitation final inspections for occupancy and/or certificates of occupancy;
(b) instituting against the Owner, or other parties, a civil action for declaratory relief,
injunction or any other equitable relief, or relief at law, including without limitation an action to rescind a
transaction and/or to require repayment of any funds received in connection with such a violation;
(c) where one or more persons have received financial benefit as a result of violation
of this, the City may assess, and institute legal action to recover as necessary, a penalty in any amount up to
and including the amount of financial benefit received, in addition to recovery of the benefit received; and
(d) requiring the Owner or his/her successors in interest to the Property to pay the City
rent or any other payment received by the Owner for the Affordable Unit from the date of any unauthorized
use of the Affordable Unit or in excess of Affordable Rent.
Section 4.3. Attorney s Fees and Casts. If either Party takes or commences any actions or
proceedings, including litigation or arbitration, against the other by reason of any breach or claimed
breach of any provision of, or in any way connected with, this Agreement, or seeks a judicial declaration
of rights under this Agreement, the Party prevailing in such action or proceeding shall be entitled to
recover from the other Party the prevailing Party's reasonable attorney's fees and costs, including, but
not limited to, all expert witness fees, other witness fees and associated expenses, whether or not the
proceeding or action proceeds to judgment.
ARTICLE 5.
GENERAL PROVISIONS
Section 5.1. Appointment of Other Agencies. At its sole discretion, the City may designate,
appoint or contract with any other public agency, for-profit or non-profit organization to perform some
or all of the City's obligations under this Agreement.
Section 5.2. Records. The Owner shall retain all records related to compliance with obligations
under this Agreement for a period not less than five (5) years from the date of origination of such
records, and make them available to City employees or others designated by the City for inspection
and copying on five (5) business days' written notice. The City shall be entitled to monitor compliance
with this Agreement, and the Owner shall cooperate with City monitoring, including obtaining Tenant
Affordable Rent and Household Income verification upon request of the City.
Section 5.3. Hold Harmless. Owner will indemnify and hold harmless (without limit as to
amount) City and its elected officials, officers, employees and agents in their official capacity
(hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, all
risk of loss and all damage (including expense and attorney's fees) sustained or incurred because of or
by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any
and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of
or relating in any manner to the Property, the Affordable Units, or Owner's performance or non-
performance under this Agreement, including claims pursuant to California Labor Code Section 1720
et seg., and shall protect and defend Indemnitees, and any of them with respect thereto, except to the
extent arising from the proven gross negligence or willful misconduct of the City. The provisions of
this Section shall survive expiration or other termination of this Agreement or any release of part or all
of the Property from the burdens of this Agreement, and the provisions of this Section shall remain in
full force and effect.
Section 5.4. Notices. All notices required pursuant to this Agreement shall be in writing and
may be given by personal delivery or by registered or certified mail, return receipt requested, to the
Party to receive such notice at the addressed set forth below:
TO THE CITY:
City of San Luis Obispo
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401-3249
Attn: Community Development Director
WITH COPY TO:
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Attn: City Attorney
TO THE OWNER:
1604 Morro Street, LLC
580 Second Street, Suite 260
Oakland, CA 94607
Attn: Lina Conocono
Any notice shall be deemed delivered on the first business day that delivery is attempted or upon
receipt, whichever is sooner; As used herein, "business day" means any day other than a Saturday,
Sunday, or any state or federal holiday on which financial institutions in San Luis Obispo County are
authorized or required to close for observance thereof. Any Party may change the address to which
notices are to be sent by notifying the other Parties of the new address, in the manner set forth above.
Section 5.5. Integrated Agreement. This Agreement sets forth the full and entire understanding
of the Parties regarding the matter set forth herein. Any other prior or existing understandings or
agreements by the Parties, whether formal or informal, regarding any matters addressed within this
Agreement are hereby superseded or terminated in their entirety.
Section 5.6. Each Party's Rale in Drafting the Agreement. Each Party to this Agreement has
had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the
Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil
Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement.
Section 5.7. Amendment of A-areement.No changes, amendments, or alterations to this
Agreement shall be effective unless in writing and signed by all Parties hereto. Major amendments to this
Agreement, shall be subject to the review and approval of the decision-making body which approved the Project
Approvals. Minor amendments to this Agreement may be approved by the Director. Upon approval, a new
Agreement containing the amendments shall be executed and recorded.
Section 5.8. Applicable Law. This Agreement shall be governed by California law. Venue shall
be the County of San Luis Obispo.
Section 5.9. Waivers. Any waiver by the City of any obligation or condition in this Agreement
must be in writing. No waiver will be implied from any delay or failure by the City to take action on
any breach or default of Owner or to pursue any remedy allowed under this Agreement or applicable
law. Any extension of time granted to Owner to perform any obligation under this Agreement shall not
operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to
any act or omission by Owner shall not be construed to be a consent to any other or subsequent act or
omission or to waive the requirement for the City's written consent to future waivers.
Section 5.10. Title of Parts and Sections. Any titles of the sections, subsections, or
subparagraphs of this Agreement are inserted for convenience of reference only and shall be
disregarded in interpreting any part of the Agreement's provisions.
Section 5.11. Multiple Originals, Counterpart. This Agreement may be executed in multiple
originals, each of which is deemed to be an original, and may be signed in counterparts.
Section 5.12. Recording of Agreement. This Agreement shall be recorded against the Property
in the Official Records of the County of San Luis Obispo prior to the recordation of any parcel map or
final subdivision map or issuance of any building permit for the Project, whichever occurs first.
Section 5.13. Severability. In the event any limitation, condition, restriction, covenant, or
provision contained in this Agreement is to be held invalid, void or unenforceable by any court of
competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain
in full force and effect.
Section 5.14. Satisfaction of Hotel SLO IncIusionary Housing Requirement. City
acknowledges that execution and recordation of this agreement satisfies the Inclusionary Housing
Requirement of Hotel SLO and Hotel SLO LLC with respect to the Chinatown Project.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
as of the day and year first above written.
OWNER:
1604 Morro Street, LLC
by Metrovation LLC its M ger
By:
_ 6�,Al
Mark Seiler, Manager
CITY:
City of San Luis Obispo, a California charter city and municipal corporation
BY: a .
Michael Codron, omittui1ity Development Director
APPROVED AS TO FORM AND LEGAL EFFECT
BY: t �o
J. Chrilp,
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 - o Ke-}
Az>t)MGDK
On oq {b.,?A1-1,before me, Kkst;n lu'kC 0. COW CONJ , WTXAI Tu& -i c
Date Name and Title of the Officer
personally appeared, MARK S 6 LCR
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons f whose name(s�
is/,O!�subscribed to the within instrument and acknowledged to me that he/she/00 executed
the same in his/17er/tl authorized capacity(les-Y, and that by hislh,edthe1'r signature() an the
instrument the person, or the entity upon behalf of which the person(s�) 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.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
KIMBERLY MAE ONG CONOCONO
Notary Public -California
x Alameda County
Commission # 2188975
My Comm, Expires Mar 30, 2021
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 docunnent.
State of California
County of San Luis Obispo
before me,
Date
personally appeared,
Name and Title of the Officer
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose names)
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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public Place Notary Seal Above
ACKNOWLEDGMENT
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 241-% before me, Jessica Lyn Gibson, Notary Public
(insert name and title of the officer)
personally appeared M ic�ae I t°.Od rOr�
who proved to me on the basis of satisfactory evidence to be the personp) whose names'} isla
subscribed to the within instrument and acknowledged to me that hels�bltiey executed the saffie in
hiislh0rltoir authorized capacity(iis), and that by his/Vrlt eir signature(F) on the instrument the
person( or the entity upon behalf of which the person 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.
IVa,„
JESSICA LYN611h GIBSON
WITNESS my hand and official seal.
P� Notary Public - California
Z t 0San Luis Obispo County r
Z Commission # 2173027 "
'
Signature (Seal)
My Comm. Expires Nov 20, 202:
Exhibit A
Legal Description
The land described herein is situated in the State of California, County of San Luis Obispo, City of
San Luis Obispo, described as follows:
PARCEL l:
THAT PORTION OF BLOCK 113 OF MURRAY AND CHURCH'S ADDITION TO THE CITY
OF SAN LUIS OBISPO, AS PER MAP THEREOF RECORDED IN BOOK A, PAGE 144 OF
MAPS AND THAT PORTION OF LOT 1 IN BOOK 171 OF H. DALLIDET'S ADDITION TO
THE CITY OF SAN LUIS OBISPO AS PER MAP THEREOF RECORDED IN BOOK A, PAGE
99 OF MAPS, AND THAT PORTION OF LOTS 9 AND 10 IN BLOCK 171 OF LOOMIS
ADDITION TO THE CITY OF SAN LUIS OBISPO, AS PER MAP THEREOF RECORDED IN
BOOK A, PAGE 126 OF MAPS, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING
AT THE SOUTHEASTERLY CORNER OF ISLAY AND MORRO STREETS IN SAID CITY;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID ISLAY STREET, 117.8 FEET
MORE OR LESS, TO THE LINE OF THE LAND CONVEYED TO THE SAN LUIS BOTTLING
WORKS BY DEED RECORDED IN BOOK 137, PAGE 420 OF DEEDS; THENCE SOUTHERLY
ALONG THE WESTERLY LINE OF SAID LAND, 125 FEET MORE OR LESS TO THE MOST
NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO JANE A. THOMSON
AND ELIZABETH K. THOMSON, RECORDED JANUARY 20, 1940 IN BOOK 270, PAGE 158
OF OFFICIAL RECORDS; THENCE AT RIGHT ANGLES WESTERLY 8 FEET TO THE MOST
NORTHERLY CORNER OF THE LAND DESCRIBED IN THE DEED OF TRUST EXECUTED
BY JANE A. THOMSON AND ELIZABETH K. THOMSON RECORDED DECEMBER 6, 1930
IN BOOK 93, PAGE 390 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE
NORTHWESTERLY LINE OF THE LAND SO DESCRIBED IN SAID DEED OF TRUST TO A
POINT ON THE EASTERLY LINE OF MORRO STREET WHICH IS DISTANT 105 FEET
SOUTHERLY FROM THE SOUTHEASTERLY CORNER OF ISLAY AND MORRO STREET;
THENCE NORTHERLY ALONG THE EASTERLY LINE OF MORRO STREET, 105 FEET TO
THE POINT OF BEGINNING.
APN: 003-551-001
PARCEL 2:
THAT PORTION OF LOTS 1 AND 2 IN BLOCK 171 OF H. DALLIDET ADDITION IN THE
CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF FILED IN BOOK A, PAGE 99 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING
AT A POINT ON THE SOUTHEASTERLY LINE OF ISLAY STREET DISTANT THEREON 133
FEET SOUTHWESTERLY FROM THE SOUTHWESTERLY CORNER OF ISLAY AND OSOS
STREETS AS SHOWN ON SAID MAP; THENCE SOUTH 36°53' EAST, 74 FEET; THENCE
SOUTH 53007' WEST, 25 FEET TO THE SOUTHWESTERLY LINE OF THE LAND
DESCRIBED IN THE DEED TO HARRY G. KYLE, ET UX., RECORDED NOVEMBER 8, 1937
IN BOOK 224, PAGE 85 OF OFFICIAL RECORDS; THENCE NORTH 36°53' WEST ALONG
SAID LINE, 74 FEET TO THE SOUTHEASTERLY LINE OF ISLAY STREET; THENCE
NORTH 53°07' EAST ALONG SAID STREET LINE, 25 FEET TO THE POINT OF BEGINNING.
APN: 003-551-009
EXHIBIT B
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A COPY OF THIS MAP IS ON FILE AT THE CITY OF SAN LUIS OBISPO COMMUNITY DEVELOPMENT DEPT.
END OF DOCUMENT