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HomeMy WebLinkAbout2009-010 Renzaglia-Hughes Purchase Agreement AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS This AGREEMENT OF PURCHASE AND SALE AND JOINT ESCROW INSTRUCTIONS (the "Agreement") is made and entered into as of May 26, 2009, by and between THE CITY OF ATASCADERO, a municipal corporation (the "Buyer"), and GARY J RENZAGLIA and SANDRA E. HUGHES, husband and wife (collectively, the "Seller"), who agree as follows. 1 Pro e The property which is the subject of purchase and sale under this Agreement consists of certain land, legally described on Exhibit "A & B" attached hereto, together with all of the interest of Seller in any and all rights and appurtenances pertaining to such land, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way(collectively, the"Property") the remainder parcel to continue to be owned by the Seller as legally described in Exhibit"C&D" 2. Purchase and Sale. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller,upon the terms and conditions herein set forth. 3 Purchase Price. The purchase price (the "Purchase Price") for the Property is Two Hundred Thousand Dollars($200,000),and shall be payable as follows. (a) Deposit. Within three (3) business days following the execution of this Agreement by the parties (the "Deposit Date"), Buyer shall deposit with the Escrow Holder (defined below) the sum of Five Thousand Dollars ($5,000) in immediately available funds (the "Deposit"). The Deposit shall be non-refundable, except as otherwise provided in this Agreement, and shall be credited toward the Purchase Price at the Close of Escrow (b) Cash at Closing. The balance of the Purchase Price after crediting the Deposit plus any interest earned thereon (the "Balance") shall be payable by Buyer to Seller in immediately available funds at the Close of Escrow 4 Escrow (a) Opening of Escrow An escrow (the "Escrow") for the purpose of completing the transactions contemplated by this Agreement has been opened by the parties with First American Title Company, Atascadero, California (the "Escrow Holder") For purposes of this Agreement, the Escrow shall be deemed to have been opened on May 4, 2009 On or before the Deposit Date, an executed copy of this Agreement shall be delivered by Buyer to the Escrow Holder and shall serve as joint instructions by the parties to the Escrow Holder In addition, Buyer and Seller agree to execute, deliver, and be bound by any reasonable or customary supplemental escrow 1 instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not amend, or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement,this Agreement shall control. (b) Title. Seller shall convey to Buyer by grant deed (the "Grant Deed") a fee simple title to the Property, subject only to the following permitted conditions of title (the "Permitted Title Exceptions"): (1) general and special real property taxes and assessments for the then current tax fiscal year which are a lien not then due and payable; (2) all applicable zoning, building and development regulations of any municipality, county, state or federal jurisdiction affecting the Property;(3) such other exceptions listed in the Preliminary Report (defined below) that have been approved, or been deemed approved, by Buyer as provided in Section 6, and(4) any exceptions directly or indirectly caused by Buyer or Buyer's agents, employees or contractors. The form of the Grant Deed is attached hereto as Exhibit"E" Except as otherwise allowed by this Agreement, Seller promises not to make any leases, contracts, options or agreements whatsoever affecting the Property which would in any manner impede Seller's ability to perform hereunder and deliver title as agreed herein. (c) Close of Escrow For purposes of this Agreement, "Close of Escrow" shall be defined as the date that the Grant Deed, conveying the Property to Buyer, is recorded in the Official Records of Los Angeles County, California. The Escrow shall close Thirty (30) days following the Deposit Date or at such earlier or later date as the parties may mutually agree upon(the"Closing Date"). 5 "AS-IS" Sale. IT IS UNDERSTOOD AND AGREED BY BUYER THAT THE PROPERTY IS BEING PURCHASED BY BUYER IN ITS "AS-IS" CONDITION AND "WITH ALL FAULTS," AND, EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, SELLER MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE VALUE OF THE PROPERTY, THE CONDITION OF TITLE OF THE PROPERTY, THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE PROPERTY, THE ZONING OR OTHER LAND USE PROVISIONS OR RESTRICTIONS AFFECTING THE PROPERTY,THE SUITABILITY OF THE PROPERTY FOR USE BY BUYER, ANY MATTERS WHICH WOULD BE DISCLOSED BY AN INSPECTION OF THE PROPERTY, OR ANY OTHER MATTERS CONCERNING THE PROPERTY(WHETHER OR NOT OF PUBLIC RECORD) 6. Due Dilimnce Period. (a) Title and Inspections. Within five (5) days following the Deposit Date, Escrow Holder shall cause First American Title Company(the"Title Company")to issue to Buyer(with a copy to Seller)a preliminary report for a CLTA Owner's Policy of Title Insurance (the "Title Policy') for the Property, together with copies of all documents relating to title exceptions referred to in the Preliminary Report (collectively, the 2 "Preliminary Report"), and Seller shall also provide Buyer with complete copies of any and all environmental inspection reports concerning the Property which Seller has in its possession (the "Environmental Reports") or shall advise Buyer that it has no such Environmental Reports. Thereafter, Buyer shall investigate and review the Preliminary Report, any Environmental Reports and the physical condition of the Property, which investigation and review must be completed within thirty (30) days from the date the Preliminary Report is received by Buyer (hereinafter, the "Due Diligence Period"). If Buyer objects to any matter disclosed in the Preliminary Report or any Environmental Reports, or to the condition of the Property,Buyer shall give Seller written notice of such objections prior to the expiration of the Due Diligence Period. However, Buyer will not have the right to object and will accept title subject to the lien of general and special property taxes and assessments not yet due and such minor easements and matters of record as will not detract from the use of the Property for the purpose contemplated by Buyer, and Seller shall have the right to bond over mechanic's liens so long as such bond is reasonably acceptable in form and substance to the Buyer and is sufficient to allow the Title Company to insure over such liens in the Title Policy Buyer's failure to given written notice of objection prior to the expiration of the Due Diligence Period shall be deemed to be an approval of the Preliminary Report, and Environmental Reports and the condition of the Property Seller has no obligation to cure or correct any matter objected to by Buyer. However, no later than ten (10) days after receipt of Buyer's objections, if any, Seller may elect by giving written notice to Buyer(the "Cure Notice")to remove or cure some or all of such objectionable matters, at Seller's cost and expense,on or prior to the Close of Escrow If Seller fails to timely give a Cure Notice,or if Seller gives a Cure Notice stating that it will remove or cure less than all of such objectionable matters, then on or prior to ten (10) days following Buyer's receipt of the Cure Notice,or if Seller fails to timely give a Cure Notice, then on or prior to ten (10) days following the last date on which Seller could timely have given a Cure Notice, Buyer may elect to terminate this Agreement or waive its objections by giving written notice of waiver to Seller Buyer's failure to give such notice on or prior to the expiration of the foregoing time periods will be deemed to constitute Buyer's election to waive its objections. If Buyer terminates this Agreement as provided in this Section, Seller and Buyer will be released from all further liability and obligation under this Agreement, except for those liabilities and obligations which have accrued prior to the date of termination. Upon any such termination, Seller and Buyer will each pay one-half the amount of any Escrow cancellation fee and the Deposit plus any interest thereon shall be returned to Buyer (b) Access. Access to the Property during the Due Diligence Period shall be given to Buyer and its authorized representatives at all reasonable times. Buyer agrees to indemnify and defend Seller against and hold Seller harmless from all liabilities, suits, claims, losses, damages, judgments, costs and expenses (including, without limitation, court costs and reasonably attorneys' fees and costs) sustained by or asserted against Seller or the Property, including, without limitation, physical damage, physical injury to Seller's employees or agents or contractors and any mechanics' and materialmen's liens, caused as a result of or in connection with the inspections conducted by Buyer or its authorized representatives. 3 7 Conditions to Close of Escrow. (a) Conditions to Bug's Obligations. The Close of Escrow and Buyer's obligation to consummate the transactions contemplated by this Agreement are subject to the satisfaction,or written waiver by Buyer,of the following conditions. (1) Title Policy The Title Company being prepared to issue to Buyer the Title Policy in the amount of the Purchase Price and subject only to the Permitted Exceptions. (2) Representations and Warranties. Seller's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow (3) Performance of Obligations. Seller's due and complete performance of all obligations to be performed by Seller under this Agreement. (4) No Material Changes. At the Closing Date, there shall have been no material adverse changes in the physical condition of the Property (b) Conditions to Seller's Obligation. The Close of Escrow and Seller's obligation to consummate the transactions contemplated by this Agreement are subject to the satisfaction,or written waiver by Seller,of the following conditions. (1) Representations and Warranties. Buyer's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow (2) Performance of Obligations. Buyer's due and complete performance of all obligations to be performed by Buyer under this Agreement. 8 Deposits by Seller At least one (1) business day prior to the Close of Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following: (a) Seller's Certificate Federal. Seller's affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended ("FIRPTA Affidavit"). (b) Seller's Certificate State. Seller's affidavit as contemplated by California Revenue and Taxation Code §§ 18805 and 26131 ("Withholding Affidavit"). (c) Grant Deed. The Grant Deed conveying the Property to Buyer duly executed and acknowledged by Seller 4 9 Deposits by Buyer. At least one (1) business day prior to the Close of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder, in immediately available funds, the Balance as required under Section 3 of this Agreement and such funds as are required to pay for cost and expenses payable by Buyer. 10. Costs and Expmses. The escrow fee of Escrow Holder shall be paid by Buyer Buyer will pay the premium for the Title Policy and the Seller shall pay the cost of any endorsements obtained in connection with Seller's cure under Section 6 of any objectionable title matters, and Buyer shall pay for the cost of any other endorsements or upgrades requested by Buyer Buyer shall pay all documentary transfer taxes, if any, payable in connection with the recordation of the Grant Deed. The amount of such transfer taxes shall not be posted on the Grant Deed, but shall be supplied by separate affidavit. Buyer shall pay the Escrow Holder's customary charges for document drafting, recording, and miscellaneous charges. If as a result of the default of a party Escrow fails to close,the defaulting party shall pay all of the foregoing fees and charges. 11 Disbursements and Other Actions by Escrow Holder Upon the Close of Escrow, the Escrow holder shall promptly undertake all of the following in the manner indicated. (a) Recording. Record the following documents in the Official Records of Los Angeles County, California, in the following order- the Grant Deed, and any other documents which the parties hereto may mutually direct. (b) Closing Costs. Charge Seller and Buyer for their respective fees and charges as set forth in the Escrow Holder's final closing statement approved by Seller and Buyer (c) Purchase Price. Disburse the Purchase Price to Seller after deducting therefrom the amounts payable by Seller on account of fees, charges and prorations as set forth in the Escrow Holder's final closing statement approved by Seller (d) Documents. Deliver a conformed copy of the Grant Deed to Seller and Buyer,and deliver the FIRPTA Affidavit and the Withholding Affidavit, and, if and when issued,the Title Policy,to Buyer 12. Liquidated Damages. IN THE EVENT THAT THIS TRANSACTION FAILS TO CLOSE THROUGH BUYER'S DEFAULT OR FAILURE TO PERFORM IN ACCORDANCE WITH THIS AGREEMENT, AND PROVIDED THAT SELLER IS NOT IN DEFAULT UNDER THIS AGREEMENT, THE FULL AMOUNT OF THE DEPOSIT SPECIFIED IN SECTION 3(a) ABOVE, TOGETHER WITH ALL ACCRUED INTEREST THEREON, SHALL BE DELIVERED FROM ESCROW BY THE ESCROW AGENT TO SELLER AS LIQUIDATED DAMAGES, WHICH SUM BUYER AND SELLER AGREE IS A REASONABLE SUM CONSIDERING THE CIRCUMSTANCES EXISTING ON THE DATE OF THIS AGREEMENT, INCLUDING THE RELATIONSHIP OF THE SUM TO THE 5 RANGE OF HARM TO SELLER THAT REASONABLY COULD BE ANTICIPATED SELLER'S ANTICIPATED USE OF THE PROCEEDS OF SALE AND THE FACT THAT PROOF OF ACTUAL DAMAGES WOULD BE IMPRACTICABLE. SUCH LIQUIDATED DAMAGES SHALL BE SELLER'S SOLE REMEDY IN THE EVENT OF BUYER'S DEFAULT HEREUNDER. IN PLACING THEIR INITIALS AT THE PLACES PROVIDED BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE ACCURACY OF THE STATEMENTS MADE ABOVE AND ITS UNDERSTANDING OF THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISIO SELLER INITIAL HERE BUYER INITIAL HERE 13 Seller's Representations and Warranties. Seller represents and warrants to Buyer that: (a) This Agreement and all documents executed by Seller under this Agreement which are to be delivered to Buyer are, or at the time of Close of Escrow will be, duly authorized, executed, and delivered by Seller, and are, or at the Close of Escrow will be, legal, valid, and binding obligations of Seller, and do not, and at the Close of Escrow will not, violate any provisions of any agreement or judicial order to which Seller is a party or to which it is subject. (b) Seller is not a"foreign person" within the meaning of Section 1445 of the Internal Revenue Code of 1986, as amended, or the corresponding provisions of California law (c) To the best of Seller's knowledge, there is no pending or threatened litigation, administrative proceeding, or other legal or governmental action with respect to the Property (d) To the best of Seller's knowledge, and except as disclosed by Seller to Buyer in this Agreement or otherwise in the Environmental Reports, if any or in writing prior to the date of this Agreement, and except as disclosed in any reports or studies prepared by or on behalf of Buyer- (a) there are no buried or partially buried storage tanks located on the Property, (b) Seller has received no notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Property are or have been in violation of any environmental law, or informing Seller that the Property is subject to investigation or inquiry regarding hazardous or toxic substances on the Property or the potential violation of any environmental law, (c) no toxic or hazardous or toxic chemicals, waste, or substances of any kind have ever been spilled, disposed of, or stored on, under, or at the Property by Seller, whether by accident, burying, drainage, or storage in containers, tanks, or holding areas, or by any other means, (d) Seller has disclosed to Buyer all information, records, 6 and studies maintained by Seller in connection with the Property concerning hazardous substances. (e) Seller is the owner of the Property and has the full right, power and authority to sell the Property to Buyer (f) To the best of Seller's knowledge, there are no rights or claims to ownership, possession, occupancy or use of the Property by any third party, including, without limitation, pursuant to any lease, license, tenancy agreement, or other agreement, which right or claim will exist or be enforceable on or following the Closing Date. (g) Seller will not permit any liens, encumbrances, or easements to be placed on the Property, nor will Seller enter into any agreement regarding the sale, rental, management, repair, improvement, or any other matter affecting the Property that would be binding on Buyer or the Property on or after the Closing Date, without the prior written consent of Buyer (h) Seller will maintain the Property in good order, condition and repair, ordinary wear and tear excepted, and shall not permit any act of waste or act that would tend to diminish the value of the Property in any way (i) The representations and warranties of Seller set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 14 Buyer's Representations and Warranties. Buyer represents and warrants to Seller that: (a) This Agreement and all documents executed by Buyer under this Agreement which are to be delivered to Seller are, or at the time of Close of Escrow will be,duly authorized, executed, and delivered by Buyer, and are, or at the Close of Escrow will be legal, valid, and binding obligations of Buyer, and do not, and at the Close of Escrow will not violate any provisions of any agreement or judicial order to which Buyer is a party or to which it is subject. (b) To the best of Buyer's knowledge, there is no pending or threatened litigation, administrative proceeding,or other legal or governmental action which does or will materially adversely affect Buyer's ability to consummate this transaction. (c) To the best of Buyer's knowledge, there is no pending or threatened litigation,administrative proceeding,or other legal or governmental action with respect to the Property 7 (d) The representations and warranties of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. 15 Notices. All notices, requests, demands and other communications required or permitted to be given under the terms of this Agreement by one party to the other shall be in writing addressed to the recipient party's Notice Address set forth below and shall be deemed to have been duly given or made (a) if delivered personally (including by commercial courier or delivery service) to the party's Notice Address,then as of the date delivered, on presentation), or (b) if mailed by certified mail to the party's Notice Address, postage prepaid and return receipt requested, then at the time received at the party's Notice Address as evidenced by the return receipt, or (c) if mailed by first class mail to the party's Notice address,postage prepaid,then on the third (3rd) day following deposit in the United States Mail, or (d) if sent by facsimile transmission, when sent (or if the day when sent is not a business day, on the first business day following the day when sent). Any party may change its Notice Address by a notice given in the foregoing form and manner The Notice Addresses of the parties are: TO SELLER: TO BUYER: City of Atascadero Gary J Renzaglia and Sandra E. Hughes 6907 El Camino Real 6900 Via Avenue Atascadero,CA 93422 Atascadero,CA 93422 Attention. City Manager Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice has been deemed given, shall be deemed to constitute receipt of the notice, demand,request,or communication sent. 16. Le,alFees. In the event of the bringing of any action or suit with respect to this Agreement or its enforcement or interpretation by a party hereto against another party hereto, then in that event,the prevailing party in such action or dispute,whether by final judgment or out of court settlement, shall be entitled to have and recover, of and from the other party, all costs and expenses of suit,including actual attorneys'fees. 17 Assignment. Neither party may assign,transfer or convey its rights or obligations under this Agreement without the prior written consent of the other party 18. Miscellaneous. (a) Survival of Covenants. The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow 8 (b) Required Actions of Buyer and Seller Buyer and Seller agree to execute such instruments and documents and to diligently undertake such actions as may be required in order to consummate the purchase and sale herein contemplated,and shall use their best efforts to accomplish the Close of Escrow in accordance with the provisions hereof. (c) Time of Essence. Time is of the essence of each and every term, condition,obligation,and provision hereof. (d) Counterparts. This Agreement shall be executed in three (3) counterparts, each of which shall be deemed an original,but all of which,together, shall constitute one and the same instrument. Any signature page of this Agreement may be detached from any counterpart and re-attached to any other counterpart of this Agreement which is identical in form hereto but having attached to it one or more additional signature pages. Upon the close of escrow, one fully executed counterpart shall be delivered to Seller and two fully executed counterparts shall be delivered to Buyer (e) Captions. Any captions to, or headings of, the sections, paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. (f) No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto. (g) Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference. (h) Amendment to this Agreement. The terms of tins Agreement may not be modified or amended either orally or by a course of conduct, but only by an instrument in writing executed by each of the parties hereto (i) Waive . The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 0) Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. (k) Fees and Other Expenses. Each of the parties shall pay its own fees and expenses in connection with this Agreement, except as otherwise provided herein. 9 (1) Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby (m) Successors and Assigns. Subject to the terms of Section 19, this Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto (n) Joint and Several. If any party to this Agreement consists of more than one person or entity, the covenants, representations, warranties and obligations of such party are point and several. The parties have executed this Agreement as of the day and year first above written. "SELLER" "BUYER" CITY OF ATASCADERO 4-7 Gary J Ae aglia By- UV y• +.� Sandra E. Hughes 44 Wade G McKinney , Cit Manager ATTEST U-,� Victoria Randall. , Deputy City Clerk 10 ACCEPTANCE BY ESCROW HOLDER. First American Title Insurance Company hereby acknowledges that it has received a fully executed counterpart of the foregoing Agreement of Purchase and Sale and Joint Escrow Instructions and agrees to act as Escrow Holder thereunder and to be bound by and perform the terms thereof as such terms apply to Escrow Holder Dated. 2009 [NAME OF ESCROW HOLDER] First American Title 7305 Morro Rd.#108 By- Atascadero Ca 93422 4c, � IAJ (Pent Nalm and Title) 11 WIL O Wilson Land Surveys, Inc. ry 7600 Morro Road • Atascadero,CA 93422 • W Phone:805-466-2445 • Fax:805-466-0812 ��,,�,�. ¢��� email:kenw@wilsonlandsurveys.com s� Exhibit A That portion of Parcel 3 of Parcel Map CO-74-185 in the City of Atascadero, County of San Luis Obispo, State of California according to the map filed February 13, 1975 in Book 16 of Parcel Maps page 86 in the Office of the County Recorder for said County and State described as follows: Beginning at the most easterly corner of said Parcel 3 according to said map, thence southwesterly along the easterly line of said Parcel South 21°27'37"West(South 21°18'00"West Record) a distance of 34 78 feet;thence leaving said easterly line North 44130'54" West a distance of 37.51 feet;thence North 41°01'09"West a distance of 52.95 feet;thence North 48°07'38" West a distance of 45.18 feet; thence North 48°38'14"West a distance of 51 41 feet;thence North 68°22'48"West a distance of 79.22 feet;thence North 74°09'09" West a distance of 84.85 feet;thence North 89°05'09"West a distance of 71.54 feet;thence North 81'59'00"West a distance of 72.33 feet to the line common to said the line common to Parcel 3 and Parcel 4 according to Parcel Map CO 74-185,thence northwesterly along said line North 36°44'26"West a distance of 54 19 feet to the easterly line of State Highway 41 as shown on of Survey Fled September 30,2002 by the California Department of Transportation in Book 83 pages 82-94 of Licensed Surveys;thence along said easterly line North 6'12'15"East(North 7°41'41" East,Record per said Record of Survey)a distance of 38.65 feet to the boundary common to Parcel 2 and Parcel 3 of said Parcel Map,thence along said common boundary North 84°03'40"East a distance of 65.32 feet;thence South 82°10'00"East a distance of 62.57 feet;thence South 73°54'20" East a distance of 72.02 feet;thence South 69°57'50"East a distance of 79 62 feet;thence South 61'05'20"East a distance of 94.59 feet;thence South 43000'20"East a distance of 175 12 feet to the point of beginning. Containing 0.52 acres. See attached Exhibit B -"o"". /SF's ` UP 1D Ch es P Dunham ���' � Professional Land Surveyor PLS 6492 Exp. 6-30-09 EV Job#09-019A City of Atascadero F EXHIBIT B LINE TABLE LINE BEARING LENGTH L1 N44'30'54"W 37.51 L2 N41'01'09"W 52.95 L3 N48'07'38"W 45.18 L4 N48'38'14"W 5141 L5 N68'22'48"W 79.22 L6 N74'09'09"W 84.85 L7 N89'05'09"W 71.54 L8 S81'59'00"W 72.33 L9 N36'44'26"W 5419 oL10 N06'12"l 5"E 38.65 u L11 S84'03'40"E 65.32 �c�c L12 S82'10'00"E 62.57 i.� L13 S73'54'20"E 72.02 `oto " L14 S69'57'50"E 79.62 uLu PARCEL2 k PAM MAP C074-185 L15 S61'05 20"E 94.59 w°' NO16 PM w T A PART L16 S43'00'20"E 173.54 Lll L12 0 z J -'��13 BOUNDARY COMMON Z `\�L7qTO PSA�C0n2-&es 10' WIDE EASEMENT PER 1588 OR 503 _ L8 L7 C6 C� s PORTION OF PARCEL 3 r REMAINDER jS DESCRIBED PAR=MAP C074-185 { \� 0.52 ACRES Q <11 76 PM 86 is cp �9 EASTERLY LINE OF STATE HWY 41 �c�r <<' O �O LINE COMMON TO PARCEL 3&4 PARCEL4 PAKM YAP 0074-1e6 EASTERLY LINE POB 16 Pu 86 OF PARCEL 3 34 78' 0 0 100' 200' 3 SCALE 1"= 100' •oo N coQ rv � 4 FILSON LAND SURYEYS.INC. J I&N i17LSON - LS 5571 Q E- 7600 M01M ROAD - �Q ATASCADERO CA 93422 (805)466-2445 VALLE AVE co PROJECT 09-019 /JOB 09-019 WIL 0 Wilson Land Surveys, Inc. 7600 Morro Road • Atascadero,CA 93422• W Phone:805466-2445 • Fax: 805-466-0812 email:kenw@wilsonlandsurveys.com Exhibit C That portion of Parcel 3 of Parcel Map CO-74-185 in the City of Atascadero, County of San Luis Obispo, State of California according to the map filed February 13, 1975 in Book 16 of Parcel Maps page 861n the Office of the County Recorder for said County and State EXCEPT that portion described as follows: Beginning at the most easterly corner of said Parcel 3 according to said map;thence southwesterly along the easterly line of said Parcel South 21°27'37"West(South 21'18'00"West Record) a distance of 34 78 feet;thence leaving said easterly line North 44°30'54"West a distance of 37.51 feet;thence North 41'01'09"West a distance of 52.95 feet;thence North 48°07'38"West a distance of 45 18 feet;thence North 48°38'14"West a distance of 5141 feet;thence North 68°22'48"West a distance of 79.22 feet;thence North 74°09'09"West a distance of 84 85 feet;thence North 89005'09"West a distance of 71.54 feet;thence North 81°59'00"West a distance of 72.33 feet to the line common to said the line common to Parcel 3 and Parcel 4 according to Parcel Map CO 74-185,thence northwesterly along said line North 36144'26"West a distance of 54 19 feet to the easterly line of State Highway 41 as shown on of Survey filed September 30,2002 by the California Department of Transportation in Book 83 pages 82-94 of Licensed Surveys;thence along said easterly line North 6°12'15"East (North 7°41'41"East, Record per said Record of Survey) a distance of 38.65 feet to the boundary common to Parcel 2 and Parcel 3 of said Parcel Map;thence along said common boundary North 84003740"East a distance of 65.32 feet;thence South 82010100"East a distance of 62.57 feet;thence South 73°54'20"East a distance of 72.02 feet;thence South 69057150"East a distance of 79.62 feet;thence South 61°05'20"East a distance of 94.59 feet;thence South 43000'20"East a distance of 175 12 feet to the point of beginning. Containing 2.18 acres. attached Exhibit D p LP►ND S ., Ch les P Dunham v<c,�` SES PD GE \ Professional Land Surveyor J o01 PLS 6492 Exp. 6-30-09 #� f 6492 1 .� up Job#09-019A City of Atascadero Cs� , ! /, OF Cf EXHIBIT D LINE TABLE LINE BEARING LENGTH L1 N44'30'54"W 37.51 L2 N41'01'09"W 52.95 L3 N48'07'38"W 45.18 L4 N48'38'14"W 5141 L5 N68'22'48"W 79.22 L6 N74'09'09"W 84.85 L7 N89105'09"W 71.54 L8 S81'59'00"W 72.33 L9 I N36 44'26"W 5419 L10 N06'12"15"E 38.65 coi L11 S84'03'40"E 65.32 Lu rl L12 S82'10'00"E 62.57 inn L13 S73'54'20"E 72.02 RD1° L14 S69'57'50"E 79.62 n W PARCEL 2 L15 561'05'20"E 94.59 uk PARCEL MAP 0074—la5 16 PM w L16 S43'00'20"E 173.54 NOT A PART 1,11-02 0 oZ o _�C13 BOUNDARY COMMON TO PAR=L YAP MAP C85 10' WIDE EASEMENT PER 1588 OR 503 = L8 L7 C6 � s 0 Q �o �" \�'s REMAINDER Ail PARCEL3 \ PARCEL MAP C074—m EASTERLY LINE to PM as OF STATE HWY 41 �F`�, 2.18 acres O �O LINE COMMON TO PARCEL 3&4 PARCEL4 PARCEL MAP C074-185 EASTERLY LINE 16 PM 86 OF PARCEL 3 POB 34 78' 0 0 100' 200' c 3 SCALE 1"= 100' •�,00 WILSON LAND SURVEMINC. J KEN WILSON — LS 5571 Q A7600 MOMO ROAD TASCADNRO CA 93422 (805)466-2445 VALLE AVE PROJECT 09-019 /JOB 09-019 EXHIBIT"E" [Form of Grant Deed] RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Atascadero 6907 El Camino Real Atascadero, CA 93422 Attn. City Clerk Document entitled to free recording per Government Code§6103 and§27383 Space Above This Line For Recorder's Use THE UNDERSIGNED GRANTOR(s)DECLARE(s)THAT THE CITY OF ATASCADERO IS ACQUIRING TITLE AND IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO R&T 11922 GRANT DEED FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, GARY J RENZAGLIA and SANDRA E. HUGHES, husband and wife, hereby grant to the CITY OF ATASCADERO, a municipal corporation, all that certain real property located in the City of Atascadero, County of San Luis Obispo,State of California,described as follows: [See Exhibits A&B attached hereto] Executed on. , 2009 Gary J Renzaglia Sandra E.Hughes ACKNOWLEDGMENT State of California ) ) ss County of San Luis Obispo ) On ,2009 before me, , (Name of Notary) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authonzed capacities, and that by their signature(s) on the instrument the persons, or the entity upon behalf of which the persons 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. (Notary Signature) WIL o Wilson Land Surveys, Inc. 7600 Morro Road • Atascadero,CA 93422• Phone:805-466-2445 • Fax: 805-466-0812 email:kenw@wilsonlandsurveys.com Exhibit A That portion of Parcel 3 of Parcel Map CO-74-185 in the City of Atascadero,County of San Luis Obispo, State of California according to the map filed February 13, 1975 in Book 16 of Parcel Maps page 86 in the Office of the County Recorder for said County and State described as follows: Beginning at the most easterly corner of said Parcel 3 according to said map; thence southwesterly along the easterly line of said Parcel South 21°27'37"West(South 21°18'00"West Record) a distance of 34 78 feet;thence leaving said easterly line North 44'30'54" West a distance of 37.51 feet;thence North 41°01'09"West a distance of 52.95 feet;thence North 48'07'38"West a distance of 45 18 feet;thence North 48'38'14"West a distance of 5141 feet;thence North 68°22'48"West a distance of 79.22 feet;thence North 74009'09"West a distance of 84 85 feet;thence North 89°05'09"West a distance of 71.54 feet;thence North 81°59'00"West a distance of 72.33 feet to the line common to said the line common to Parcel 3 and Parcel 4 according to Parcel Map CO 74-185,thence northwesterly along said line North 36044'26"West a distance of 54 19 feet to the easterly line of State Highway 41 as shown on of Survey filed September 30,2002 by the California Department of Transportation in Book 83 pages 82-94 of Licensed Surveys;thence along said easterly line North 6°12'15"East(North 7041'41" East,Record per said Record of Survey)a distance of 38.65 feet to the boundary common to Parcel 2 and Parcel 3 of said Parcel Map;thence along said common boundary North 84°03'40"East a distance of 65.32 feet;thence South 82'10'00"East a distance of 62.57 feet;thence South 73'54'20"East a distance of 72.02 feet;thence South 69057'50"East a distance of 79 62 feet;thence South 61'05'20"East a distance of 94.59 feet;thence South 43'00'20"East a distance of 175 12 feet to the point of beginning. Containing 0.52 acres. See attached Exhibit Bio -•'SPD G Ch es P Dunham I�v Professional Land Surveyor PLS 6492 Exp. 6-30-09Evxp �c Job#09-019A City of Atascadero OF C I. EXHIBIT B LINE TABLE LINE BEARING LENGTH Lt N44'30'54"W 37.51 L2 N41*01'09'W 52.95 L3 N48'07'38"W 45.18 L4 N4838'1 4"W 5141 L5 N6822'48"W 79.22 L6 N74'09'09"W 84.85 L7 N89'05'09"W 71.54 L8 S81'59'00"W 72.33 Cl L9 N36'44'26"W 5419 o L10 N06'12"15"E 38.65 w� L11 S84'03'40"E 65.32 L12 S82'10'00"E 62.57 L13 573'54'20"E 72.02 viW L14 S69'57'50"E 79.62 a PAR= X4-,85 L15 S61'05'20"E 94.59 rn 1a PM w L16 s s NOT A PART S43'00'20"E 173.54 o L11 L12 onz ��3 BOUNDARY COMMON O PARCEL 2&3 Z 04 PAR=MAP 0074-185 10' WIDE EASEMENT L8 L7 PER 1588 OR 503 (o L6 s PORTION OF REMAINDER PARCEL 3 PAR �S DESCRIBED fps PARM MAP CCC074-196 ` 0.52 ACRES {Q 1e PM ae A X16, EASTERLY LINE `9 OF STATE HWY 41 ��n C� O �O LINE COMMON TO PARCEL 3&4 PARCEL4 PAR=YAP 0074-165 EASTERLY LINE 16 P11 N OF PARCEL 3 POB 34 78' q7 0 0 100' 200' 41 4,G 3 SCALE 1"= 100' WILSON LAND SURVEYS.INC. J� IGEN WILSON - LS 5571 Q� 7600 MORRO ROAD - ATASCADERO CA 93422 {� (805)466-2445 VALLE AVE \\\PROJECT 09-019 /JOB 09-019