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Home My WebLink About2009-077 RESOLUTION NO. 2009-077 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,ACCEPTING INTEREST IN REAL PROPERTY CONVEYED BY QUITCLAIM DEEDS 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 2, No. 3 (bow tie) and No 5, located in the City of Atascadero (City), County of San Luis Obispo, State of California, and, WHEREAS, Atascadero Creek Reservation No 2 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, the Atascadero Unified School District has expressed a desire to transfer the ownership of Atascadero Creek Reservations No. 2, No 3 (bow tie), and No 5 to the City of Atascadero. .. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. The City Manager is authorized to execute the Interagency Transfer Agreement, thereby accepting interest in the real property conveyed by the Quitclaim Deeds from the Board of Trustees of the Atascadero Unified School District for Atascadero Creek Reservations No 2,No 3 (bow tie),and No 5,attached hereto as Exhibit A. SECTION 2. The City Manager is authorized to execute the Certificates of Acceptance, certifying that the interest in real property conveyed by the Quitclaim Deeds 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 Certificates of Acceptance, consents to the recordation of the Quitclaim Deeds referenced above,by a City authorized officer SECTION 3. The City Manager is authorized to execute the Assignment and Assumption of Lease for Atascadero Creek Reservation No 2, which is included in the Interagency Transfer Agreement,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 2, entered into on October 11, 1965, between the Atascadero School District and am City of Atascadero Resolution No. 2009-077 Page 2 of 15 the Treasure of El Camino Real (now known as the Atascadero Historical Society), attached hereto as Exhibit B On motion by Council Member O'Malley and seconded by Council Member Fonzi, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote. AYES Council Members Clay,Fonzi, Kelley, O'Malley and Mayor Beraud NOES None ABSENT None ADOPTED- August 11, 2009 CITY OF ATASCADERO 00�/By Ellen Beraud,Mayor ATTEST Now Marcia McClure Torgerson, C.M.C. City Clerk APPROVED AS TO FORM. Brian A. Pienk City Attorney am City of Atascadero Resolution No. 2009-077 Page 3 of 15 Exhibit A INTERAGENCY TRANSFER AGREEMENT PREAM11111, This Interagency Transfer Agreement("Agreement")is entered into this 2 day of June 2009 by and between the Atascadero Unified School District,a public school district formed under the laws of the State of California ("Djstrict'�and the City of Ataseadero,a municipal corporation organized and existing under the laws of the State of California("City )on.the terms and conditions which follow RENTALS WHEREAS,the Atascadero Unified School District(the"District")owns property referred to as Atascadero Creek Reservation No.2,a portion of lot 3 of Administration Park, and Reservation ITo.5 beating legal descriptions set forth in the quitclaim deeds from the District to the City, and WHEREAS,it is in the hest intokcst of the District to transfor all of the properties(collectively,the Troperty")"in one transaction-,and WHEREAS,We City desires to acquire the Property for City use oit terms and conditions as set forth berci n;and low WHEREAS,the Board of Trustees(the 'Board")is authorized to transfer any of its real property to another public agency upon such terms and conditions as the public agencies shall mutually agree and without regard to any other Education or Government Code provisions concerning the acquisition or disposal of real property TERMS,COND111ONS&COVENANTS NOW,THEREFORIF,the parties agree as follows. I Recitals. Adopts the foregoing recitals as true and correct. 2. Transfer of Property by QuitclgiM Deeds. For a valuable consideration, � receipt of which is hereby acknowledged,the District transfers,by quitclaim deeds,all of its right,title and interest to the Property subject to the exceptions of record for the Property The quitclaim deeds to transfer the Property pursuant to this Agreement are attached hereto as Exhibits A,B, and C and incorporated heroin by this reference. City of Atascadero Resolution No. 2009-077 Page 4 of 15 tyr. 3. City Acceptance of the Property`As Is' City agrees to accept the Property as is and subject to the exceptions to title prior to the recordation of the quitclaim deeds. 4 Assignment and Assum2ttion of Lease ars to Reservation No.2. The Atascadero Historical Society is the successor in interest to the Treasure of El Camino Real lease which was recorded on Atascadero Creek.Reservation No 2 and No.3 in the records of the County of San Luis Obispo on November 16, 1965 in Book 1375 Page 59 of the Records of the County The lease included Atascadero Creek.Reservation Nos.2 and 3. Reservation No.3 was quitclaimed from the District to the City on October 2,2007 and recorded on September 24,2008. 4n.September 26,2008 an assignment,entitled Assignment and Assumption of Lease(Revised) was recorded as to Reservation Net.3 from the District to the City To the extent the Historical Society lease includes Atascadero Creek Reservation No.2,the lease is hereby assigned by the District to the City and the lease is hereby assumed by the City 5. N is . Notices shall be given to the parties at the addresses below and may be served in person,by United States Mail,postage prepaid,or by certified mail,or by fax transmission with proof of transmission To the:District: Superintendent Atascadero Unified School District trrrr 5601 West.Mall Atascadero,CA 93422 To tllcc City' City Manager City of Atascadero 6907 El Camino Real Atascadero,CA 93422 Either the District or the City may change its address of'record for receipt of official notice by giving the other written notice of such change and any necessary mailing instructions. 6 Complete Agreement. This Agreement is the complete agreement between the parties and supersedes any and all prior oral or written understandings. 7 Amendment. This Agreement may not be modified,changed,altered,or amended or otherwise revised except by a duly executed written amendment. 9. Binding_Effect. Upon ratification by the parties,this Agreement shall be binding upon the successors and assigns of the parties. 2 ttrrr City of Atascadero Resolution No. 2009-077 Page 5 of 15 9 Sinature in Counterparts. This Agreement may be executed in any number of counterparts,each of which shall be deemed an original,but all of which when taken together shall constitute one and the same Agreement. Facsimile or duplicate signatures shall have the same force and effect as original signatures. EXECUTION WHEREFORE,the parties hereto,by their signatures hereinbelow represent they have the authority to execute this Agreement on behalf of their respective agencies. DISTRICT .DATED- 6-2-09 ATASCADERO UNIFIED SCHOOL DISTRICT Ey' hn Rogers Its. isuperintendent: CITY DATED- CITY OF ATASCADERO fay- Its: 3 City of Atascadero Resolution No. 2009-077 Page 6 of 15 EXELIBIT A RECORDING REQUESTED BY. Jerome M.Behrens,Esq. "no Smith 7404 North Spalding Avenue Frestio,CA 93720-3370 WHEN RECORDED MAIL TQ Jerome M.Behrens,Esq. Lo=o Stroh 7404 North Spalding Avenue Fresno,CA 93720-3370 Space Above Line for Recorder's Use QUITCLAIM DEED The undersigned gramor(s)declare(s): Dmunientaxy umfer tax is$0.00 computed on full value of property conveyed,or computed on full value less value of liens and encumbrances rerimnuig at time of SAC. tmincorporated area. ( )city of )and FORA VALUABLE CONSIDERATION,receipt of which is hembyacknoAedged,the ATASCADER0 UNIFIED SCHOOL DISTRICT',a public school district forrued under the 6mm of the State of California,hereby grants to the CITY OF ATASCADERO,a om rrittr6cipal corporation organized and existing tinder the laws of the State of California,the following described real property in the County of San Luis Obispo,State of Qffoma: E)GIIBIT"A7 INOORPORATED HEREIN BY THIS REFERENCE Dated: ----'2009 Tauri Gunther President,Board of Trustees Atascadero Uraied School District Attest: John Rogers Secretary,Board of Trustees Ataseadero Lkified School District [ATTACH NOTARY ACKNOWLEDGMENT] 4 mW City of Atascadero Resolution No. 2009-077 Page 7 of 15 �wrr EXHIBIT'W ATASCADERO CREEK RESERVATION NO.2 PAROL 1. ATASCADERO CREEK.RESERVATION NO.2,OF ATASCADER0 COLONY,IN THE CITY Of ATASCADERO,COUNTY OF SAN LUIS OBISPO,STATE OF C1AIF'ORMA,ACCORDING TO MAP RECORDED IN BOOK 4 PAGE 67A OF MAPS,IN THE OFFICE OF THE OOU nY RE CORDER OF SAID COUNTY, DESCRIBED AS FOLLOW5: BEGINNING AT A POINT COMMON TO 1..0,15 9 AND 12 IN ADMINISTRATION PARK AND ATASCADERO CREEK RESERVATION NOS.2 AND 1-A;SAID POINT BEAPING NORTI3 28037'EAST FOR A DISTANCE OF 47.92 FEET FROM THE EASTERN BOUNDARY LIM OF LOT NO.11,ADMINISTRA CIN PARK; THENCE ALONG A LINE COMMON TO ATASCADERO CREEK RESERVATION NO.2 AND 1-A,SOUTH 28°37'EAST,154.20 FEET TO A POINT COMMON TO ATASCADERO CREEK.RESERVATION NOS.2 AND 1-A,AND LOT NO.6,LIFE RESIDENCE PARK;THENCE ALONG THE EASTERN SIDE OF ATASCADERO CREEK SOUTH 25°36 EAST,,37.20 FEET;THENCE SOUni 45-36 EAST,97.34 FEET;THENCE C)SLM4 67°16'EAST,89.00 FEET;THENCE SOU II-I 41°16'EAST, 136.00 FEET,THENCE SOUTH 33°16'EAST,96.00 FEET;THENCE SOUTH 19056 EAST,248.50 FEET,THENCE SOUTH 01056 E AST,140.00 FEET,,THENCE SOUTH 31°04'WEST,1.00.00 FEET;THENCE SOLJTI-I 19°04'WEST,140.00 FEET;THENCE. �"'" SOUTH 26°44'WEST,180.00 FEET,THENCE SOUTH 62°34'WEST,131.18 FEET TO A POII,TI'COMMON TO ATASCADERO CREEK RESERVATION NOS.2 AMID 3 AND LOTS 2.t'1.ND 3,H(ML PARK,THENCE ALONG A LINE COMMON TO ATASCADERO CREEK..RESERVATION NOS.2 AND 3,NORTH 61023'WEST, 117.10 FEET TO A POINT COMMON TO ATASCADERO{REEK RESERVATION NOS.2 AND 3 AND LO"3 AND 9 ADMINISTRATION PARK.,THENCE NORTI•I 73°30'FAST,11.53 FEET;ITIENC.E NORTH 62-30'E AST,152.00 FEET;THENCE NORTH 46030'EAST,59.00 FEET;THENCE NORTH 19430'EAST,128.00 FEET, THENCE NORTH 31°30'EAST,123.0 FEET;THENCE NORTH 7°30'EAST 94.0 FEET,`CI-TENCE NORTH'01°30'WEST;199.11 FEET;THENCE NORITI55020' 'FEST,89.1.9 FEET;THENCE NORTH 61°20'WEST,204.40 FEET;THENCE NORTH 79°20'WEST,43.80 FEET TO THE PLACE OF BEGINNING, APN: 029.104-003 S aw City of Atascadero Resolution No. 2009-077 Page 8 of 15 ww CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by quitclaim deed dated ,2009,from the BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SC1400L DISTRICT to the CITY OF ATASCADERO, a municipal corporation,is hereby accepted by the undersigned officer or agent on behalf of the City of Atiscadero,pursuant to authority conferred by resolution of the City Council of the City of Atascadero adopted on .2009 and the CITY OF ATASCADERO consents to recordation thereof by its duly authorized officer or agent. Executedon .2009,at Atascadero, California Wade G.McKinney,City Manager City of Atascadero rwr J:.wdacsNW40901ftefil)0 195545J>OC City of Atascadero Resolution No. 2009-077 Page 9 of 15 reran EXHIBIT B RECORDING REQUESTED BY. Jerome hi Behrens,Esq. Lozano Smith 7404 1,16ith Spalding Avenue Fresno,CA 93720-3370 WHEN RECORDED MAIL TO: Jerome A Behrens,Esq, Lozano Smith 7404 North Spalding Avenue Fresno,CA 93720-3370 Space Above Line for Recorder's Use QUITCLAIM DEED The undersigned grantor(s)declare(s)- Documentary transfer taxis$0.00 computed on full value of property conveyed,or computed on full vahie less v2hie of bens and encumbrances reniuning at time of sale. unincorporated area: ( )city of --------I and FOR A VALUABLE CONSIDERMION,receipt of which is hereby acknowledged,the ATASCADERO UNIFIED SCHOOL DISTRICT,a public school district formed under the laws of the State of California,hereby grants to the CITY OF ATASCADEROa rarer municipal corporation organized and existing under the laws of the State of California,the following described real property in the County of San Luis Obispo,State of California: EM-UBIT'W INCORPORATED HEREIN By THIS REFERENCE Dated; 2009 Tarrii Gunther president,Board of Trustees Atascadero Unified School Dtstnct Attest: John Rogers Secretary,Board of Trustees Atascadero Unified School Dist= [ATTACH NOTARY ACKNOWLEDGMENT`} 7 as City of Atascadero Resolution No. 2009-077 Page 10 of 15 rrr E XHI BIT"A" LOT 3(BOW TIE) A portion of Lot 3,as shown on Amendment"D"to the Map of Atascadero,in the City of Atascadero,County of San Luis Obispo,State of California,filed in Book 4, Page 67A of Maps,later shown on Amendment `N"to the Map of Atascadero,filed. in Book 4,Page 67C of Maps,in the Office of the County Recorderof said County BOUNDED ON THE NORTHWEST by the southeasterly and southerly lines of Lots A,B and C of Lot Line Adjustment 80-1,as described in document number 22619 recorded June 4, 1980,in Volume 2244,mage 295 of Official Records of said County, BOUNDED ON THE NORTHEAST by the southeasterly exurtsion of the northeasterly line of said Lot A, BOUNDED ON THE SOUTHWEST by the southeasterly extension of the southwesterly line of said Lot C; BOUNDED ON THE SOUTHEAST,by the line between said Lot 3 and Atascadero Creek Reservation No 3,as shown on said Amendment 'N" The above described portion of said Lot 3,Administration Park,is shown on wrr EXHIBIT B,attached hereto and made a part hereof. 8 irr City of Atascadero Resolution No. 2009-077 Page 11 of 15 +vrr a h (� N�j G Lot a I vz w� 0 �A f` for r t ,Areo of / Description ~ hBOUN� ' SOUTHWEST r PA WEI 3' p BOUND 4.3 pu-6 CJ's Pu Sti�5 r 0430Aexhbt3H.pro Poge 2 of 2 6/15/1006 am City of Atascadero Resolution No. 2009-077 Page 12 of 15 riiirr CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by quitclaim deed dated 2009,from the BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED SCHOOL DISTRICT to Me CITY OF ATASCADERO, a municipal corporation,is hereby accepted by the undersigned officer or agent on behalf of the City of Atascadero pursuant to authority conferred by resolution of the City Council of the City of Atascadero adopted on 2009 and the CITY OF ATASCADERO consents to recordation thereof by its duly authorized officer or agent. Executed on 2009 at Atascadero,California Wade G. McKinney, City Manager City of Atascadero ter Jftwdoc"0404M110WdW195M5,D0C 10 City of Atascadero Resolution No. 2009-077 Page 13 of 15 EXHIBIT C RECORDING REQUESTED BY Jerome NL Behrens,Esq, Lozano Smith 7404 North Spalding Maw Fresno,CA 93720-3370 WHEN RECORDED MAIL TO: Jerome hi Behrens,Esq. Lozano Sffuth 7404 North Spalding Avenue Fresno,CA 93720-3370 Space Above Line for Recorder's Use QUITCLAIMDEED The undersigned gfantor s)deaclom(s): Documentary transfer tax is$0.00 computed on full vahic of property conveyed,or computed on full value less value of hens and encurnb rances remaining at ttmeof sale. unincorporated area; ( )cuyof ,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acluiowledged,the ATASCADERO UNIFIED SCHOOL DISTRICT a public school distnct fonned under the laws of the State of California,hereby grants to the CITY OF ATASCADERO,a nwnicTal corporation organized and e=ting under the lav4 of the State of California,the following described real property tn the County of San Luis Obispo,State of Californias R)MBIT"A"I NCORPORAnD HEREIN BY THIS REFERENCE Dated; 2009 Tarni Gunther President,Board of Trustees Atascaderc,Unified School District Attest- John Rogers�. Secretaxy,Board of Trustees At2scadero Unified School District [ATFACH NOTARY ACKNOWLEDGNMN7n 11 am City of Atascadero Resolution No. 2009-077 Page 14 of 15 EXHIBIT"A" ATASCADER0 CREEK.RESERVATION NO.5 PARCEL2: ATASCADERO CREEK RESERVATION NO 5,OF ATASCADERO COLONY IN TIME CITY OF ATASCADERO,COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,ACCORDING TO MAP RECORDED IN BOOK 4 PAGE 31 OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY EXCEPTING THEREFROM THAT PORTION C'ON'VEYED TO THE CITY OF ATASCADERO IN DOCUMENT RECRODED JULY 2, 1992 AS INSTRUMENT NO 1992-45404 OF OFFICIAL RECORDS,DESCRIBED AS FOLLOWS COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY OF SAN ANDRES AVENUE WITH THE WESTERLY LINE OF LOT 1,BLOCK D-B,ATASC:ADER0 COLONY,THENCE NORTH 87°20'WEST ALONG SAID NORTH RIGHT OF WAY A DISTANCE OF 18.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE.CONTINUING ALONG SAID NORTH RIGHT FO WAY,NORTH 87'20'WEST,A DISTANCE OF 22.36 FEET,THENCE DEPARTING FROM SAID RIGHT OF WAY NORTH 64050 EAST A DISTANCE OF 20.00 FEET THENCF.SOUTH 25° 10' EAST,A DISTANCE OF 10.00 FEET TO SAID NROTH RIGHT OF WAY AND THE TRUE POINT OF BEGINNING APN 030-371-014 12 City of Atascadero Resolution No. 2009-077 Page 15 of 15 ow CERTWICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by quitclaim ,deed dated 2009 from the BOARD OF TRUSTEES Of THE ATASCADERUNIFIED SCHOOL DISTRICT to the CITY OF ATASCADERO, a municipal corporation,is hereby accepted by the undersigned officer or agent on behalf of the City of Atascadero pursuant to authority conferred by resolution of the City Council of the City of Atascadero adopted on .2009 and the CITY OF ATASCADERO consents to recordation tborcof by its duly authorizcd of or agent, Executed on 2009,at Atascadero,California Wade G. McKinney,City Manager City ofAtascadero 13