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HomeMy WebLinkAboutD-2102 Palm Development APN 002-416-031, 002-416-035, and 002-416-038RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 ( �r A18039349 Tommy Gong San Luis Obispo - County Clerk -Recorder 09/24/2018 12:01 PM Recorded at the request of: PUBLIC Titles: 1 Pages: 6 Fees: $0.00 Taxes: 0.00 Total: 10.00 -- I��kP�N'NM1V;'Nh1�MhY�YIIII Certificate of Satisfaction of Certain Conditions and Grant of Additional Time for Substantial Completion APN(S): 002-416-031, 002-416-035 and 002-416-038 City of San Luis Obispo, a municipal corporation and a chartered city organized and existing under the Constitution of the State of California (the "City"), hereby certifies with respect to the Palm Development Site Restrictions, as set forth and defined in that certain Grant Deed from the City to Hotel SLO, LLC, a California limited liability company, and Sutter Tustin SLO, LLC, a California limited liability company, as tenants in common (collectively, the "Developer")recorded in the Official Records of the County of San Luis Obispo County on January 25, 2016, as document number 2016003175 (the "Grant Deed"), regarding the real property more specifically described in Exhibit,+ attached hereto, as follows: With regard to paragraph 1(b) of the Grant Deed: (a) City acknowledges that Developer has been diligently pursuing construction of the Project and Developer, having provided the City with evidence of good cause for the need for additional time therefor, shall not be in default under the Palm Development Site Restrictions as long as Developer achieves Substantial Completion by July 01, 2019, or within such additional period of time to which the City may consent in writing upon demonstration by Grantee of diligence and good cause, including time diligently spent in archaeological review and remediation, such consent not to be unreasonably withheld. Except as specifically provided above, the Palm Street Site Restrictions remain in full force and effect. 4835-9025-3893.2 All capitalized terms not otherwise defined in this Certificate shall have the meaning given in the Palm Development Site Restrictions. This Certificate has been duly executed by an authorized person on behalf of the City as of July 19, 2018. APPROVED: City Attorney City of San Luis Obispo 4835-9025-3893.2 GRANTOR: CITY OF SAN LUIS OBISPO, a municipal corporation and Charter City By: Its: Johnn -2- 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 July 19, 2018 before me, Heather Suzanne Goodwin, Notary Public (insert name and title of the officer) personally appeared Derek Johnson who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. HEATHER SUZANNE GOODWIN Notary Public - California r San Luis Obispo County ; WITNESS my hand and official seal. j Commission 02199666 N ` Comm. Expires Jun 21, 2021 Signature �{j�� _ (Seal) Exhibit A LEGAL DESCRIPTION Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: PARCEL ONE: THAT PORTION OF BLOCK 14 OF THE MAP OF THE TOWN OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD MAY 01, 1878, IN BOOK A, PAGE 168, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF MONTEREY STREET, IN SAID CITY, DISTANT THEREON, NORTH 54° 06' EAST, 109,31 FEET FROM THE NORTHEASTERLY CORNER OF CHORRO AND MONTEREY STREET, THENCE NORTH 35° 54' WEST, 80.00 FEET TO A POINT; THENCE NORTH 540 06' EAST 12.67 FEET TO A POINT; THENCE NORTH 350 54' WEST, 34.17 FEET TO A POINT; THENCE NORTH 330 02' WEST, 148,54 FEET TO A POINT; THENCE NORTH 36° 22' WEST, 86.50 FEET TO A POINT ON THE SOUTHERLY LINE OF PALM STREET AS SHOWN ON SAID MAP; THENCE ALONG SAID SOUTHERLY LINE NORTH 530 38' EAST, 12.00 FEET TO A POINT; THENCE SOUTH 360 22' EAST, 70.25 FEET TO A POINT; THENCE SOUTH 811 22' EAST, 8.13 FEET TO A POINT; THENCE NORTH 53° 38' EAST 36,75 FEET TO A POINT; THENCE NORTH 8° 38' EAST, B.13 FEET TO A POINT; THENCE NORTH 360 22' WEST, 12.75 FEET TO A POINT; THENCE NORTH 500 13' EAST, 38.16 FEET TO A POINT; THENCE SOUTH 35° 54' EAST, 148.56 FEET TO A POINT; THENCE SOUTH 540 06' WEST, 45.75 FEET TO A POINT; THENCE SOUTH 350 54' EAST, 146.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAID MONTEREY STREET, THENCE ALONG SAID LINE SOUTH 540 06' WEST, 72.44 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO SLO CHINATOWN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED JULY 31, 2012, IN INSTRUMENT NO. 2012042357, OF OFFICIAL RECORDS. PARCEL TWO: THAT PORTION OF BLOCK 14 OF THE MAP OF THE TOWN OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD MAY 01, 1878, IN BOOK A, PAGE 168, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERLY LINE OF MONTEREY STREET, IN SAID CITY, DISTANT NORTH 540 6' EAST, 227 FEET 6 INCHES FROM THE NORTHEASTERLY CORNER OF CHORRO AND MONTEREY STREETS; THENCE RUNNING NORTH 541 6' EAST ALONG SAID NORTHERLY LINE OF MONTEREY STREET, 52 FEET AND 6 INCHES TO THE SOUTHWESTERLY CORNER OF THE LOT FORMERLY OWNED BY MRS. N. E. CALL; THENCE NORTH 330 22' WEST ALONG THE WESTERLY LINE OF SAID LOT OF MRS. N. E. CALL, 351 FEET TO THE SOUTHERLY LINE OF PALM STREET; THENCE SOUTH 530 38' WEST ALONG SAID SOUTHERLY LINE OF PALM STREET., 107 FEET TO THE NORTHWESTERLY CORNER OF THE LOT FORMERLY OWNED BY B. BRIZZOLARA; THENCE SOUTH 360 22' EAST ALONG THE WESTERLY LINE OF SAID BRIZZOLARA LOT, 56.36 FEET TO A POINT; THENCE NORTH 530 38' EAST AND PARALLEL WITH THE SOUTHERLY LINE OF PALM STREET, 38.08 FEET TO THE EASTERLY LINE OF A LOT CONVEYED BY NATHAN AND ISSAC GOLDTREE TO W. J. OAKS, BY DEED DATED AUGUST 21, 1682 AND RECORDED IN BOOK 0, PAGE 431 OF DEEDS AND FOLLOWING; THENCE SOUTH 351 54' EAST ALONG THE EASTERLY LINE OF SAID OAKS LOT, 296 FEET TO THE NORTHERLY LINE OF MONTEREY STREET AND THE POINT OF BEGINNING, Page i of 3 EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO SLO CHINATOWN, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, RECORDED JULY 31, 2012, IN INSTRUMENT NO. 2012042357, OF OFFICIAL RECORDS. PARCEL THREE: THAT PORTION OF LOTS 2 AND 3 OF THE MAP OF THE SUBDIVISION OF PART OF BLOCKS 14 & 18, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED IN BOOK 1, PAGE 43 OF RECORD OF SURVEYS, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 1 OF SAID BLOCK; THENCE SOUTH 530 38' WEST ALONG THE NORTHWESTERLY LINE OF LOTS 1 AND 2, 89.65 FEET TO THE TRUE POINT OF BEGINNING; WHICH POINT BEARS NORTH 530 38' EAST, 0.35 FEET FROM THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE SOUTH 330 23'50" EAST, 100.1 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT 3, SAID POINT BEING NORTH 53° 38' EAST, 0.56 FEET FROM THE MOST SOUTHERLY CORNER OF SAID LOT 3; THENCE SOUTH 53° 38' WEST ALONG THE SOUTHEASTERLY LINE OF SAID LOT 3, 0.56 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE NORTH 330 16' 30" WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOTS 3 AND 2, 100.14 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 2; THENCE NORTH 530 38' EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT 2, 0.35 FEET TO THE TRUE POINT OF BEGINNING. PARCEL FOUR: LOTS 4 AND 10 OF THE MAP OF THE SUBDIVISION OF PART OF BLOCKS 14 & 18, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF FILED IN BOOK 1, PAGE 43 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL FIVE: INTENTIONALLY DELETED PARCEL SIX: LOTS 1, 2 AND 3 OF THE MAP OF THE SUBDIVISION OF PART OF BLOCKS 14 & 18, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF FILED IN BOOK 1, PAGE 43 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED IN THE DEED TO C. A. MAINO, ET UX, RECORDED APRIL 07, 1953 IN BOOK 704, PAGE 439 OF OFFICIAL RECORDS, PARCEL 7: ALL THAT PART OF BLOCK 14 OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MAY 01, 1878 IN BOOK A, PAGE 168 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: ' BEGINNING AT A POINT ON THE NORTHWESTERLY LINE OF SAID BLOCK, DISTANT THEREON NORTH 530 38' EAST, 143.33 FEET FROM THE MOST WESTERLY CORNER OF SAID BLOCK, SAID POINT BEING THE MOST NORTHERLY CORNER OF THE PROPERTY CONVEYED TO FERDINANDO Page 2 of 3 CHIESA BY DEED DATED JULY 01, 1912 IN BOOK 93, PAGE 136 OF DEEDS; THENCE SOUTH 360 22' EAST, 70.25 FEET TO THE MOST WESTERLY CORNER OF THE PROPERTY CONVEYED TO SERAFINO J. MARTINELLI AND CARMEL MARTINELLI BY DEED DATED FEBRUARY 08, 1966 AND RECORDED APRIL 01, 1966 IN BOOK 1391, PAGE 479 OF OFFICIAL RECORDS; THENCE SOUTH 810 22' EAST, 8.13 FEET TO A POINT; THENCE NORTH 530 38' EAST, 36.75 FEET TO A POINT; THENCE NORTH 80 38' EAST, 8.13 FEET TO A POINT; THENCE NORTH 360 22' WEST, 70.25 FEET TO THE SOUTHERLY LINE OF PALM STREET; THENCE ALONG THE SOUTHERLY LINE OF PALM STREET SOUTH 53° 38' WEST, 48.25 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF INCLUDED WITHIN THE PRESENT LINES OF PALM STREET. APN(S): 002-416-031, 002-416-035 and 002-416-038 Page 3 of 3 ENO OF DOCUMENT