HomeMy WebLinkAbout2008-059 RESOLUTION NO. 2008-059
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA, ACCEPTING INTEREST
IN REAL PROPERTY CONVEYED BY THE QUITCLAIM DEED
DATED OCTOBER 02, 2007 FROM THE BOARD OF TRUSTEES
OF THE ATASCADERO UNIFIED SCHOOL DISTRICT
AND ACCEPTING ASSIGNMENT AND ASSUMPTION OF THE
ATASCADERO HISTORICAL SOCIETY LEASE TO THE CITY
WHEREAS, the Atascadero Unified School District (District) is the owner of real property
known generally as Atascadero Creek Reservation No. 3, located in the City of Atascadero (City),
County of San Luis Obispo, State of California; and,
WHEREAS, a portion of Atascadero Creek Reservation No. 3 is subject to a lease between
the District as Lessor and the Treasure of El Camino Real, now the Atascadero Historical Society
(AHS), as Lessee dated October 11, 1965; and,
WHEREAS, a dispute arose between Creekside Parcel Associates, a California general
partnership, James M. Harrison, and Kenneth B. Fryer(referred to collectively as Plaintiffs) and the
City of Atascadero, Atascadero Unified School District, and Atascadero Historical Society, as a
result of alleged property damage occurring on Plaintiffs' property located in the City of
r.. Atascadero, adjacent to Atascadero Creek Reservation No. 3; and,
WHEREAS, on February 28, 2002, Plaintiffs filed an action against the District, the City,
and the AHS contending, in essence, that the District, along with the City and the AHS, was in some
manner responsible for the alleged damage to Plaintiffs' property; and,
WHEREAS, in August 2004, all parties entered into a settlement agreement, requiring the
District to, among other things, convey the Atascadero Creek Reservation No. 3 to the City and
assign the AHS lease to the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. The City Manager is authorized to execute the Certificate of Acceptance,
certifying that the interest in real property conveyed by the Quitclaim Deed dated October 02, 2007,
attached hereto as Exhibit A, from the Board of Trustees of the Atascadero Unified School District
to the City of Atascadero, a municipal corporation of the State of California, is accepted by order of
the City Council of the City of Atascadero, pursuant to this Resolution; and,
SECTION 2. The City Manager, by executing the Certificate of Acceptance, consents to
the recordation of the Quitclaim Deed referenced above, by a City authorized officer.
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City of Atascadero
Resolution No. 2008-059
Page 2 of 21
SECTION 3. The Mayor is authorized to execute the Assignment and Assumption of
Lease, dated October 02, 2007, by and between the Board of Trustees of the Atascadero Unified
School District and the City of Atascadero, a municipal corporation of the State of California, the
Lease of Creek Reservation No. 3, entered into on October 11, 1965, between the Atascadero
School District and the Treasure of El Camino Real (now known as the Atascadero Historical
Society), attached hereto as Exhibit B.
On motion by Council Member Luna and seconded by Council Member Clay, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Beraud, Clay, Luna and O'Malley
NOES: None
ABSENT: Mayor Brennler
ADOPTED: September 9, 2008
CRY,OF ATASCADERO
By:
Ellen Beraud,Mayor Pro Tem
ATTEST:
Marcia McClure Torgerson, C.M.C., J
City Clerk
APPROVED AS FORM:
Brian Pierik, City Attorney
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City of Atascadero
Resolution No. 2008-059 Exhibit A
Page 3 of 21
lair
Recording Requested By and
when Recorded Mail to:
City of Atascadero
6907 El Camino Real
Atascadero, CA 93422
ABOVE THIS LINE RESERVED FOR RECORDER'S USE
QUITCLAIM DEED
The BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL
DISTRICT, for valuable consideration, including but not limited to, settlement of litigation (San
Luis Obispo County Superior Court Case Nos. CV020192 and CV040046) and elimination of
future maintenance, upkeep and liability, does hereby remise, release and forever quitclaim to the
CITY OF ATASCADERO, a municipal corporation of the State of California, for use or partial
use for park or recreational purposes or open space purposes, all of its right, title and interest in
and to that certain property located in the City of Atascadero, County of San Luis Obispo, State
of California, as more particularly described on Exhibit "A", attached and incorporated by this
reference.
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Dated: October 02, 2007 -
President, Board of Trustees
Atascadero Unified School District
Attest*
Se try, n7— stees
Atasc dero Unified School District
(signatures to be acknowledged prior to recording)
IIIw
City of Atascadero
Resolution No. 2008-059
Page 4 of 21
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim Deed dated
October 02, 2007, from the BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED
SCHOOL DISTRICT to the CITY OF ATASCADERO, a municipal corporation of the State of
California, is hereby accepted by order of the City Council of the City of Atascadero on
,2008, pursuant to Resolution No. , and authority
conferred and adopted by Resolution No. of the City Council of the City of
Atascadero adopted , and the grantee consents to recordation thereof by
its duly authorized officer.
Executed on , 2008, at Atascadero, California.
Wade G. McKinney, City Manager
City of Atascadero
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}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On ,before me, ,a notary public, State of
California duly commissioned and sworn, personally appeared ,
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 whom 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
(official notary seal)
City of Atascadero
Resolution No. 2008-059
Page 5 of 21
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STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On L)c 1,,� L L-) c;-7 ,before me,Barbara M. Weaver, a notary public, State of California
duly commissioned and sworn, personally appeared _C1 ,personally
known or proved to me 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 whom the
person(s)acted, executed the instrument on behalf of said public agency therein named, and
acknowledged to me that said public agency executed it.
IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my official seal on the day
and year in the certificate first above written.
*'�CIFQ BARBARA M WEAVER
COMM. #1707560NOTARY PUBLIC f,A11FORNIA
fSAN TUI;OBI.SPO COUNTY U-Signature Lai Yj LLP I 1 �/ �- My f omm Er.pues t11C 14. 7fil(I
(official notary seal)
t.\ausd\atascadercreek\assignrnent 2007
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City of Atascadero
Resolution No. 2008-059
Page 6 of 21
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STATE OF CALIFORNIA )ss.
COUNTY OF SAN LUIS OBISPO }
On ZG 01 ,before me, Barbara M.Weaver, a notary public, State of California
duly corrunissioned and sworn, personally appeared -j -'V'
��r ,personally
known or proved to me 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 whom the
person(s) acted,executed the instrument on behalf of said public agency therein named, and
acknowledged to me that said public agency executed it.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal on the day
and year in the certificate first above written.
BARBARA M WEAVER
COMM. #1707560
pp 'r m NOTARY PUBLIC CALIFORNIA
U)Signature a.r IJ0.lF� l� • l/��t^�^� t SAN LUIS OBISPO COUNTY
�� Nx My Comm.Expues DLC 24 20M
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(official notary sea])
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City of Atascadero
Resolution No. 2008-059
Page 7 of 21
EXHIBIT "A"
+r LEGAL DESCRIPTION
Real property in the City of Atascadero, County of San Luis Obispo, State of California,
described as follows:
Parcel 1:
That portion of Atascadero Creek Reservation No. 3 of Atascadero Colony, in the City of
Atascadero, County of San Luis Obispo, State of California, according to map recorded in Book 4,
page 67C of maps, in the office of the County Recorder of said county, described as follows:
Beginning at a point common to Atascadero Creek Reservation Nos. 2 and 3 and Lots 3
and 9, Administration Park (Sheet No. 67A, Map of Atascadero); thence on a line common to
Atascadero Creek Reservation Nos. 2 and 3, South 61'23' East, 117.1 feet to a point common to
Atascadero Creek Reservation Nos. 2 and 3 and Lots 2 and 3, Hotel Park, Sheet No. 70, Map of
Atascadero; thence along the Westerly boundary of said Lot 2, Hotel Park, South 62°34"West,
25.5 feet; thence South 52°24'West, 200 feet; thence South 23°24' West, 188.0 feet; thence on a
line crossing Atascadero Creek, North 51°17'West, 148.7 feet to a point on the Western
boundary of Atascadero Creek Reservation No. 3; thence along said Reservation boundary line,
North 34°30' East, 105.0 feet; thence North 45°30' East, 76.0 feet; thence North 20°30' East, 67.0
feet; thence North 60°30' East, 109.0 feet; thence North 73°30' East, 41.47 feet to the place of
beginning.
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Excepting therefrom that portion conveyed to the State of California by deed executed by
Atascadero Unified School District, recorded February 7, 1969 in Book 1506, Page 371 of Official
Records.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 10, 1969 in Book 1506, Page 510 of
Official Records.
APN: ptn 029-361-001
Parcel 2:
Atascadero Creek Reservation No. 3 of Atascadero Colony, in the City of Atascadero,
County of San Luis Obispo, State of California, according to map recorded in Book 4, Page 67C of
Maps, in the office of the County Recorder of said County.
Excepting therefrom that portion of said Atascadero Creek Reservation No. 3 described as
follows:
Beginning at a point common to Atascadero Creek Reservation Nos. 2 and 3 and Lots 3
and 9,Administration Park(Sheet No. 67A, Map of Atascadero); thence on a line common to
Atascadero Creek Reservation Nos. 2 and 3, South 61023' East, 117.1 feet to a point common to
Atascadero Creek Reservation Nos. 2 and 3 and Lots 2 and 3, Hotel Park, Sheet No. 70, Map of
Atascadero; thence along the Westerly boundary of said Lot 2, Hotel Park, South 6234' West,
am 25.5 feet; thence South 52°24' West, 200 feet; thence South 23°24' West, 188.0 feet; thence on a
line crossing Atascadero Creek, North 51°17' West, 148.7 feet to a point on the Western
boundary of Atascadero Creek Reservation No. 3; thence along said Reservation boundary line,
City of Atascadero
Resolution No. 2008-059
Page 8 of 21
am
North 34°30' East, 105.0 feet; thence North 45°30' East, 76.0 feet; thence North 20°30' East, 67.0
feet; thence North 60°30' East, 109.0 feet; thence North 73°30' East, 41.47 feet to the place of
beginning.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 7, 1969 in Book 1506, Page 371 of
Official Records.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 10, 1969 in Book 1506, Page 510 of
Official Records.
APN: 029-361-003
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City of Atascadero Exhibit R
Resolution No. 2008-059
Page 9 of 21
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WHEN RECORDED MAIL TO:
Atascadero Unified School District
5601 West Mall
Atascadero, CA 93422
ASSIGNMENT AND ASSUMPTION OF LEASE (REVISED)
This Assignment and Assumption of Lease ("Assignment") is dated for reference
purposes as of the 211d day of October, 2007, by and between The Board of Trustees of the
Atascadero Unified School District, ("Assignor") and the City of Atascadero, a municipal
corporation of the State of California ("Asssignee") with reference to the following facts:
,,.., RECITALS
A. WHEREAS,Assignor is the owner of that certain real property, known generally
as Atascadero Creek Reservation No. 3, in the City of Atascadero, San Luis Obispo County,
State of California, more particularly described on Exhibit "A" attached and incorporated by this
reference (the "Property"); and
B. WHEREAS, on or about October 2, 2007, Assignor quitclaimed all of its right,
title and interest in and to the Property, to Assignee, but Assignee has not yet accepted the
Property; and
C. WHEREAS, Assignor wishes to assign to Assignee all of Assignor's right, title
and interest as Lessor in and to that certain Lease of a portion of Creek Reservation No. 3,
entered into October 11, 1965, between the Atascadero School District and the Treasure of El
Camino Real, a nonprofit corporation qualified under the general nonprofit laws of the State of
California, a copy of which lease is attached hereto as Exhibit "B" and incorporated by this
reference (the "Lease"); and
D. WHEREAS, the "Treasure of El Camino Real" is now known as the Atascadero
Historical Society and the Atascadero School District is now known as the Atascadero Unified
School District.
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein and
err for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1
City of Atascadero
Resolution No. 2008-059
Page 10 of 21
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I. Assignment by Assignor. Assignor hereby transfers and assigns to Assignee all
of Assignor's right, title and interest in and to that portion of the Lease attributable to Creek
Reservation No. 3, effective as of the date of Assignee's acceptance of the Quitclaim Deed from
Assignor of Creek Reservation No. 3 (the "Effective Date").
2. Acceptance and Assumption by Assignee. Assignee hereby accepts the
foregoing Assignment and transfer and specifically assumes and agrees to perform and observe
each and every covenant, agreement and condition to be performed or observed by Lessor
(Assignor)under that portion of the Lease attributable to Creek Reservation No. 3, effective as of
the Effective Date.
3. Governing Law. This Assignment is made and entered into in the State of
California and shall be interpreted, construed and enforced in accordance with the laws of the
State of California.
4. Binding Effect. Assignment shall apply to, bind and inure to the benefit of
Assignor and Assignee, and their respective heirs, legal representatives, representatives,
successors and assigns.
S. Counterparts. This Assignment may be executed in one or more counterparts,
each of which shall be an original, but all of which shall together constitute one instrument.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of
the date below.
"ASSIGNOR"
Dated: .lune Os 2008 AT.ASCAPERO UNIFIED SCHOOL DISTRICT
By:
President Board of Trustees
By: 1�
Secreta , Board a. Trustees
"ASSIGNEE"
Dated: 12008 CITY OF ATASCADERO
Mayor
■m
Attest: City Clerk
2
City of Atascadero
Resolution No. 2008-059
Page 11 of 21
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Assignment and
Assumption of Lease dated October 02, 2007, from the BOARD OF TRUSTEES OF THE
ATASCADERO UNIFIED SCHOOL DISTRICT to the CITY OF ATASCADERO, a municipal
corporation of the State of California, is hereby accepted by order of the City Council of the City
of Atascadero on , 2008,pursuant to Resolution No. and
authority conferred and adopted by Resolution No. of the City Council of the
City of Atascadero adopted , and the grantee consents to recordation
thereof by its duly authorized officer.
Executed on , 2008, at Atascadero, California.
Wade G. McKinney, City Manager
aw City of Atascadero
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3
City of Atascadero
Resolution No. 2008-059
Page 12 of 21
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO ;
on e 2008, before me, a4"✓a �� �z ✓c'•' Notary Public,
personally appeared o h wino proved to me on
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the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature 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.
WITNESS my hand and official seal.
-nllfOKbo:.
-`+s �+�� '.pit l:)ice IP•!';N!l l•I111fJ1`
l%tC 24
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Signature, �uL✓\ e.� �� -. T r' _;...._., r... c- CJ `
(official notary seal)
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City of Atascadero
Resolution No. 2008-059
Page 13 of 21
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On �^ -e `-f 2008,before me,�a"��+�� � W°=t`'�� Notary Public,
personally appeared ; e,rr, E-/(e: ' %�'"" who proved to me or.
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature 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.
WITNESS my hand and official seal. ^`
l / ,Fa BAK IVI 01EAVER 1
C+ ,iM 41707560
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I40TAP =118ti( CALIFORNIA z
SAN r., OSPO COUNT\ o'
MCom, -%ones DEC 24, 010
WO Nl Y
Signature )/z -t' , f
(official notary seal)
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City of Atascadero
Resolution No. 2008-059
Page 14 of 21
EXHIBIT "A"
+row
LEGAL DESCRIPTION
Real property in the City of Atascadero, County of San Luis Obispo, State of California,
described as follows:
Parcel 1:
That portion of Atascadero Creek Reservation No. 3 of Atascadero Colony, in the City of
Atascadero, County of San Luis Obispo, State of California, according to map recorded in Book 4,
page 67C of maps, in the office of the County Recorder of said county, described as follows:
Beginning at a point common to Atascadero Creek Reservation Nos. 2 and 3 and Lots 3
and 9, Administration Park (Sheet No. 67A, Map of Atascadero); thence on a line common to
Atascadero Creek Reservation Nos. 2 and 3, South 61°23' East, 117.1 feet to a point common to
Atascadero Creek Reservation Nos. 2 and 3 and Lots 2 and 3, Hotel Park, Sheet No. 70, Map of
Atascadero; thence along the Westerly boundary of said Lot 2, Hotel Park, South 62°34" West,
25.5 feet; thence South 52°24' West, 200 feet; thence South 23°24' West, 188.0 feet; thence on a
line crossing Atascadero Creek, North 51°17' West, 148.7 feet to a point on the Western
boundary of Atascadero Creek Reservation No. 3; thence along said Reservation boundary line,
North 34°30' East, 105.0 feet; thence North 45°30' East, 76.0 feet; thence North 20°30' East, 67.0
feet; thence North 60030' East, 109.0 feet; thence North 73°30' East, 41.47 feet to the place of
beginning.
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Excepting therefrom that portion conveyed to the State of California by deed executed by
Atascadero Unified School District, recorded February 7, 1969 in Book 1506, Page 371 of Official
Records.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 10, 1969 in Book 1506, Page 510 of
Official Records.
APN: ptn 029-361-001
Parcel 2:
Atascadero Creek Reservation No. 3 of Atascadero Colony, in the City of Atascadero,
County of San Luis Obispo, State of California, according to map recorded in Book 4, rage 67C of
Maps, in the office of the County Recorder of said County.
Excepting therefrom that portion of said Atascadero Creek Reservation No. 3 described as
follows..
Beginning at a point common to Atascadero Creek Reservation Nos. 2 and 3 and Lots 3
and 9, Administration Park(Sheet No. 67A, Map of Atascadero); thence on a line common to
Atascadero Creek Reservation Nos. 2 and 3, South 61°23' East, 117.1 feet to a point common to
Atascadero Creek Reservation Nos. 2 and 3 and Lots 2 and 3, Hotel Park, Sheet No. 70, Map of
Atascadero; thence along the Westerly boundary of said Lot 2, Hotel Park, South 62°34' West,
25.5 feet; thence South 52°24' West, 200 feet; thence South 23°24' West, 188.0 feet; thence on a
line crossing Atascadero Creek, North 51°17' West, 148.7 feet to a point on the Western
boundary of Atascadero Creek Reservation No. 3; thence along said Reservation boundary line,
City of Atascadero
Resolution No. 2008-059
Page 15 of 21
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North 34°30' East, 105.0 feet; thence North 4530' East, 76.0 feet; thence North 20°30' East, 67.0
feet; thence North 60°30' East, 109.0 feet; thence North 73°30' East, 41.47 feet to the place of
beginning.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School Districi, recorded February 7, 1969 in Book 1506, Page 371 of
Official Records.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 10, 1969 in Book 1506, Page 510 of
Official Records.
APN: 029-361-003
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City of Atascadero
Resolution No. 2008-059
Page 16 of 21
VOLPAGE
ATASCADERO SCHOOL DISTRICT
COUNTY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
Resolution N6, School Year 1965-66
Dated: October 11., 1965
RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF LEASE
The following resolution is hereby offered and read:
WHEREAS, on September 13, 1965, the Board of Trustees of the Atascader-a
r School District duty adopted a Resolution of Intention to Lease District Owned Real
Property; due notice was given of said Resolution and of the time and place of holding
the public meeting for the opening of bids for said lease; the highest bid which com-
plied with all terms and conditions of said Resolution and of the attached proposed
lease was submitted by "The Treasure of EI Camino Real" (also known as the Atas-
cadero Historical Society); it is in the public interest that said lease be awarded by
the Atascadero School District to "The Treasure of EI Camino Real".
NOW, THEREFORE, BE IT RESOLVED and ORDERED by the Board of
Trustees of the Atascadero School District located in the County of San Luis Obispo,
State of California, as follows:
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I. That the bid of "The Treasure of El Camino Real" for lease of certain
real property from the Atascadero School District pursuant to said
Resolution of Intention and the lease attached thereto, be and here-
by is accepted by the Atascadero School District.
2. That the President and Clerk of the Board of Trustees of the Atascadero
School District be and hereby are authorized and directed to execute
on behalf of the Atascadero School District that lease set out on the
attached document marked "Exhibit A", which is hereby expressly in-
corporated herein by reference as though here fully set forth.
3. That it is the duty of the Atascadero School District to .record said
lease and this resolution.
On motion of Board Member Greenman seconded by Board Member
Peterson and on the following roll call vote, to-wit: c
t
AYES: Greenman, Hei(mann, Jespersen, Peterson, Sayers l"
NOES: None rn
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ABSENT: None
the foregoing resolution is hereby adopted.
&Boardof
Trustees of the Ata a ero
School District
City of Atascadero
Resolution No. 2008-059
Page 17 of 21
LEASE
THIS LEASE, entered into on the 11th day of October 1965,
by and between the Atascadero School District, a public corporation and one of the
school districts located in the County of San Luis Obispo, State of California,
hereinafter called "School", and The Treasure of EI Camino Real
a non-profit corporation qualified under the general non-profit corporation laws of
the State of California, hereinafter called "Lessee";
WITNESSETH:
That School hereby leases unto Lessee, and Lessee hereby leases from
School, that School-owned real property located in the County of San Luis Obispo,
State of California, and more particularly described as follows:
All of Atascadero Creek Reservations Nos. 2 and 3 of Atascadero,
in the County of San Luis Obispo, State of California, according
to the map of said Atascadero recorded in Book 4 of Maps at page
67-A (Amendment D), records of said County. Excepting therefrom
the portion of said Atascadero Creek Reservation No. 3 described
as follows:
Beginning at the intersection of the centerline of South Mall with
the centerline of East Mall, as shown on the above mentioned map;
thence, S. 61° 23' E., along the said centerline of South Mall,
166.00 feet; thence, S_ 280 37'W_, 130.43 feet; thence N,
680 30' E., 1.75 feet to the True Point of Beginning, being the
southwesterly terminous of the course bearing N. 68° 30' E. in.
the easterly line of said Reservation No. 3; thence, along said
easterly line N. 680 30' E., 73.00 feet; thence, continuing
along said easterly line, S. 45° 30' E., 53.94 feet; thence
leaving said easterly line S. 5° 49' W., 19.14 feet; thence, S.
18° 21' W. , 41.77 feet; thence, S. 60° 45' W. 22.57 feet;
thence,N. 64° 36'W., 102.64 feet to a point on the aforesaid
easterly line; thence, N. 290 30' E., 42.33 feet to the True
Point of Beginning.
upon the following terms and conditions:
1. Lessee shall pay the sum of One Dollar and no cents ($1.00) per
year payable at the commencement of each Lease year.
2. Lessee may use the premises for the following purposes only:
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recreation, park, museum and historic purposes.
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3. Lease may not be assigned, sublet or transferred by Lessee unless
School First gives its written consent.
4. The School will not be responsible to Lessee for any loss of property
from said premises, or for any injury, loss or damage to any building or buildings,
om
"Exhibit A"
City of Atascadero
Resolution No. 2008-059
Page 18 of 21
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or the contents thereof, placed on said real property as provided herein by Lessee,
however occurring.
5. The School shall have the right to enter said premises at all reason-
able hours to examine the same.
6. Lessee hereby waives all claims for damages that may be caused by
the Schoelin re-entering and taking possession of the premises as herein provided,
and all claims for damages that may result from the destruction of or injury to the
premises thereby; and all claims for damages to or loss of such property belonging
to the Lessee as may be in or upon the premises at the time of such re-entering.
Lessee also waives all claims against the School for damages to any property of
Lessee from any cause arising at any time.
7. The School reserves the right at any time to make such reasonable
rules and regulations as in its judgment may from time to time be necessary for the
safety, care, and cleanliness of the premises, and for the preservation of good
order therein.
crit 8. Lessee hereby agrees to indemnify and save harmless the School
from any and all manner of damages, charges, suits, costs and expenses which it
may sustain or be put to by reason of the Lessee's use of the said premises or by
reason of anything relating thereto or by reason of this Lease or any of the provi-
sions hereof.
9. Lessee further agrees, prior to the commencement of this Lease, to
purchase adequate insurance in the name of the Lessee and in the name of the School
in the amount of $ i,000,000.00 / $
Public Liability Insurance and $ 5,000.00 Property Damage
Insurance to protect all persons who may sustain injury as a result of the use to
which the premises are put.
10. If suit be necessary to enforce any part or portion of this Lease by =
School, Lessee agrees to pay attorney fees and all court costs connected therewith.
11. Lessee shall arrange for and pay for all of the utility hookups to said
premises and shall pay all bills for water, gas, electrical service, and other public
utility services used in, on or about said premises during the period of this Lease.
rr
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City of Atascadero
Resolution No. 2008-059
Page 19 of 21
12. Lessee agrees and promises that it will comply with and observe all
statutes, ordinances, rules and regulations of the Federal, State, Municipal, County
or other public authority.
13. This lease shall be valid for a period of ninety-nine (99) years from the
date hereof unless sooner terminated as herein provided.
14. Lessee agrees that it shall not have access to the above-described
real property through any other School-owned real property than that leased to Lessee
herein, and Lessee further agrees to provide its own access to the above described
real property.
15. If Lessee for any reason fails or omits to comply with any of the terms
and conditions of this Lease, School shall have the right to terminate this Lease by
mailing to Lessee, postage prepaid, thirty (30) days written notice of such termina-
tion.
16. A waiver by School of any failure or omission by Lessee to comply
with any of the terms and conditions of this Lease shall not constitute a waiver by
School of any other such failure or ommission.
1Mw 17. Lessee shall have the right during the term of this Lease to place on
the above described real property a building or buildings suitable to carry out the
purposes of this Lease set out in paragraph no. 2 hereinabove. Said building or
buildings shall be the property of and belong exclusively to Lessee, who shall at
its own sole cost and expense pay for any and all repairs, maintenance and custodial
care in, on and around said building or buildings. Lessee shall at its own sole cost
and expense pay for any and all insurance on said building or buildings.
18. Lessee agrees to keep said real properly in good order and free from
all refuse, and shall promptly remove all ashes, garbage and refuse of any kind from
said real property during the term of this Lease.
19. At the end of this Lease term, or at any sooner termination of this
Lease as provided herein, Lessee agrees to surrender the above described real
property to School in as good condition as received, reasonable wear and tear
excepted. Lessee shall at its own sole cost and expense remove from said real
property upon said end or termination any and all buildings placed thereon by Lessee
Mlr
-3-
City of Atascadero
Resolution No. 2008-059
Page 20 of 21
Irrr -
pursuant to this Lease, within thirty (30)days after said end or termination. If
any of said building or buildings are not so removed by Lessee from said real
property by the end of said thirty (30) days, then School shall have the right
either to keep said building or buildings on said premises in which case said
building or buildings shall automatically belong to and become the property of
School or of removing in any manner deemed appropriate to School said building
or buildings from said premises at the sole cost and expense of Lessee in which
event Lessee shall pay to School the cost thereof within thirty (30) days after
the mailing by School to Lessee, postage prepaid, of an itemized bill which
sets out the cost of said removal.
IN WITNESS WHEREOF the parties hereto have executed this Lease on
the day and year first above written.
ATASCADERO SCHOOL DISTRICT
By: ij� scc �t t-zy
President of the Board of Trustees
of the Atascadero School District
ATTEST:
flerk of the Board XTrustees of the
Atascadero School District The Treasure of EI Camino Real
By:
(Name and Title)
)(Name and Title)
STATE OF CALIFORNIA ) v
) ss LESSEE
COUNTY OF SAN LUIS OPISPO
}
On this 22nd day of October, it the year One Thousand Nine Hundred
and sisty-five, before me, a Notary Public in and for said County, �7
residing therein, duly commissioned and sworn, personally appeared
Everett Fenny and Marjorie R. Mackey, known to me to be the President
and Secretary of the corporation 'that executed the within instrument
and also known to we to be the persons who executed it on behalf of
the said Corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS 'WJ EREOF, I have hereunto set my hand and affixed
my official seal at my office in the day and year in this certificate first
above written.
Notary Public and for said County
ane[nruliaurour!nnnun[n..... and State.
ALICE E. UPTON
i OT.tPY PUOLIC-CALIFID w -�I-
��. ti MUNCIFAL OFFICE IN n '
Vj;S OBISpo COUNTY
I�[nuunnanunu[[![;,:[c,,,[t;[[:ru!uu:uere:nel
City of Atascadero
Resolution No. 2008-059
Page 21 of 21
wr
STATE OF CALIFORNIA )
SS
COUNTY OF SAN LUIS OBISPO )
On this I I th day of October 1965 , before me,
the undersigned Notary Public, personally appeared Klaus Heilmann and Alice
Sayers, known-to me to be the President and Clerk, respectively, of the Board
of Trustees of the Atascadero School District and known to me to be the persons
who executed the within instrument on behalf of said political subdivision, and
acknowledged to me that such political subdivision executed the same.
Notary Public in and tof baid County & State
16I!t ?MnCnwe....t-.mre.......ul :c"n=!(SEAL)
#41' AHC. E. UPTOIN =
s.
"[CK--A2�PU311-IC—CALI,011t ILA
. PR!X:IPAL OFFICE IN
SAN LUIS OBISPO ccufsF Y
lNleY.aUainiU9.LiAi�apscamouau.u.Ntffif;pKWT
F.:C'J�t✓�
Document NO--------
!i RDED T IR
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3
.7.50/R. P...... '5-9_...---
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F'AH LMIS OBISPO COUHTY. CAI.
NOV 17 1965
�w (f
County Re��orJJ��er
Fee
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