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
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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
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"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.
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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
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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
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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,
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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
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(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
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(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.
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(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
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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
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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 `
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Dunham ���' �
Professional Land Surveyor
PLS 6492 Exp. 6-30-09
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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
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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�
, !
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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