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HomeMy WebLinkAbout2009-021 AUSD Creek Reservation Agreement iCI iti°Ger A11`.SCrAD : C, T 4CT# INTERAGENCY TRANSFER AGREEMENT PREAMBLE 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 ("District") and the City of Atascadero, a municipal corporation organized and existing under the laws of the State of California ("City") on the terms and conditions which follow RECITALS 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 No 5 bearing legal descriptions set forth in the quitclaim deeds from the District to the City; and WHEREAS, it is in the best interest of the District to transfer all of the properties (collectively, the "Property") in one transaction, and WHEREAS, the City desires to acquire the Property for City use on terms and conditions as set forth herein, and 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, CONDITIONS & COVENANTS NOW, THEREFORE, the parties agree as follows 1 Recitals. Adopts the foregoing recitals as true and correct 2 Transfer of Property by Quitclaim 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 herein by this reference 1 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 Assumption of Lease as 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 On September 26, 2008 an assignment, entitled "Assignment and Assumption of Lease (Revised)" was recorded as to Reservation No 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 Notices. 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 5601 West Mall Atascadero, CA 93422 To the 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. 8 BindingEffect.ffect. Upon ratification by the parties, this Agreement shall be binding upon the successors and assigns of the parties 2 9 Signature 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 9M2��— By RogersIts /'ohn uperintendent CITY DATED CITY OF ATASCADERO '" I— $y• Wade G McKinney Its City Manager J•\wdocs\00409\010\agt\00185 552.DOC 3 EXHIBIT A RECORDING REQUESTED BY Jerome M.Behrens,Esq Lozano Smith 7404 North Spalding Avenue Fresno, CA 93720-3370 WHEN RECORDED MAIL TO. Jerome M.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 tax is $0.00 ( ) computed on full value of property conveyed,or ( ) computed on full value less value of hens and encumbrances remaining at time of sale. ( ) unincorporated area. ( ) city of ,and FOR A VALUABLE CONSIDERATION,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 ATASCADERO, a municipal corporation organized and existing under the laws of the State of California,the following described real propertyin the County of San Luis Obispo, State of California. EXHIBIT"A" INCORPORATED HEREIN BY THIS REFERENCE Dated. ,Jv /1, Z4o9 ,2009 Tama Gunther President,Board of Trustees Atascadero Unufied School District Attest: Johnj,ogers Secr tary,Board of Trustees Atascadero Unified School District [ATTACH NOTARY ACKNOWLEDGMENT] 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On I� 0 before me, o tbelkA 114 ✓/VtaVe►' Date Here Insert Name and TIM of the Officer personally appeared no q eY S Names)of Signe(s) e who proved to me on the basis of satisfactory evidence to be the personK whose name(o is/subscribed to the within instrument and acknowledged to me that WEAVER he/5he/they executed the same in his/be/t�dr authorized BARBARA M ca aci y g k� COMM. #1707560 F p ty(i�s'J, and that b his/I�cet/tF}eir si nature on the NOTARY PUBLIC CALIFORNIA ? instrument the personal, or the entity upon behalf of SAN LOIS OBISPO COUNTY Q which the personal acted, executed the instrument. My COMM ExplreS DEC 24 ?010 " P~\ 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 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Q 1)14-e-to-i v►, /)t e- Document Date /a / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s). ❑Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑General _ ❑ Attorney in Fact ❑Attorney in Fact Top of thumb here Top of thumb here ❑ Trustee ❑Trustee i ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other- ❑Other- Signer Is Representing: Signer Is Representing: i 02007 National Notary Association 9350 De Soto Ave.,P.0.13ox 2402•Chatsworth,CA 91313-2402•www.NabonalNotary.org Item#5907 Reorder Call Toll-Free 1-800-876-6827 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 0 9 before me, �Ja��a�Q l-� We-a ver /�°{-�Y y���` ate Here Insert Name a d Title of the Officer I personally appeared `7_q�m i (;u vL'k e r Names)of Signer(s) whoroved to me on the basis of satisfactory evidence to N rY be the person(s) whose name(s) is/aye subscribed to the within instrument and acknowledged to me that X/she/thae executed the same in 1 i9/her/thdr authorized capacity(ies), and that by,big/her/the signature e) on the BARBARA M WEAVER instrument the person(a), or the entity upon behalf of COMM. #1707560 D which the erson acted, executed the instrument. NOTARY PUBLIC CALIFORNIA m P Q SAN LUIS 0BISPO COUNTY IF PN My Comm Expires DEC 24 2010 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^ Signatur '` ",k Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document II /� Title or Type of Document: Qy I t G1Q(m beed �'��'b r �' A Document Date: 1/,;;-/ C Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s). ❑ Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other- ❑Other- Signer Is Representing: Signer Is Representing: 02007 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder*Call Toll-Free 1-800-876-6827 EXHIBIT "A" ATASCADERO CREEK RESERVATION NO 2 PARCEL 1 ATASCADERO CREEK RESERVATION NO 2, OF ATASCADERO COLONY,IN THE QTY OF ATASCADERO, COUNTY OF SAN LUIS OBISPO,STATE OF C LAIFORNIA,ACCORDING TO MAP RECORDED IN BOOK 4 PAGE 67A OF MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS BEGINNING AT A POINT COMMON TO LOTS 9 AND 12 IN ADMINISTRATION PARK AND ATASCADERO CREEK RESERVATION NOS 2 AND 1-A,SAID POINT BEARING NORTH 28°37'EAST FOR A DISTANCE OF 47 92 FEET FROM THE EASTERN BOUNDARY LINE OF LOT NO 11,ADMINISTRATION PARK, THENCE ALONG A LINE COMMON TO ATASCADERO CREEK RESERVATION NO 2 AND 1-A,SOUTH 28037'EAST, 154.20 FEET TO A POINT COMMON TO ATASCADERO GEEK 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 SOUTH 45°36'EAST,97.34 FEET,THENCE OSUTH 67°16'EAST, 88.00 FEET,THENCE SOUTH 41°16'EAST, 136.00 FEET,THENCE SOUTH 33°16'EAST,96.00 FEET,THENCE SOUTH 19056' EAST,248.50 FEET,THENCE SOUTH 01°56'EAST, 140.00 FEET,THENCE SOUTH 31°04'WEST, 100.00 FEET,THENCE SOUTH 19°04'WEST, 140.00 FEET,THENCE SOUTH 26°44'WEST, 180.00 FEET,THENCE SOUTH 62°34'WEST, 13118 FEET TO A POINT COMMON TO ATASCADERO CREEK RESERVATION NOS 2 AND 3 AND LOTS 2 AND 3,HOTEL PARK,THENCE ALONG A LINE COMMON TO ATASCADERO GEEK RESERVATION NOS 2 AND 3,NORTH 61°23'WEST, 11710 FEET TO A POINT COMMON TO ATASCADERO GEEK RESERVATION NOS 2 AND 3 AND LOTS 3 AND 9,ADMINISTRATION PARK,THENCE NORTH 73030'EAST, 11.53 FEET,THENCE NORTH 62030'EAST, 152.00 FEET,THENCE NORTH 46°30'EAST, 59.00 FEET,THENCE NORTH 19°30'EAST, 128.00 FEET, THENCE NORTH 31030'EAST, 123.0 FEET,THENCE NORTH 7°30'EAST,94.0 FEET,THENCE NORTH 01030'WEST, 199.11 FEET,THENCE NORTH 55020' WEST, 8919 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 5 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 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 ALA I ) Z-po , 2009 and the CITY OF ATASCADERO consents to reco ation th reof by its duly authorized officer or agent Executed on t\)bj ?.4nLi,) 3 , 2009, at Atascadero, California Ah L Wade G Mc coney, City Manager City of Atascadero J-\wdocs\00409\010\cet\00185545.DOC 6 EXHIBIT B RECORDING REQUESTED BY Jerome M.Behrens,Esq. Lozano Snuth 7404 North Spalding Avenue Fresno, CA 93720-3370 WHEN RECORDED MAIL TO: Jerome M.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 tax is $0.00 ( ) computed on full value of property conveyed,or ( ) computed on full value less value of hens and encumbrances remaining at time of sale. ( ) unincorporated area. ( ) city of ,and FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged,the ATASCADERO UNIFIED SCHOOL DISTRICT,a public school district formed under the laws of the State of California,hereby grants to the CITY OF ATASCADERO,a municipal corporation organized and existing under the laws of the State of California,the following described real property in the County of San Luis Obispo,State of California. EXHIBIT"A" INCORPORATED HEREIN BY THIS REFERENCE 1 Dated. /yv� /Z, 2�`j ,2009 Tarns Gunther President,Board of Trustees Atascadero Unified School District Attest: (k�� XA& johWkogers Secretary,Board of Trustees Atascadero Unified School District [ATTACH NOTARY ACKNOWLEDGMENT] 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ob fsp� On 0 9 before me,'tYba✓o M "vee i4r kbC_ II i D to Here Insert Nam and Title of the Officer personally appeared --� �"' c►�S Name(s)of Signer(s) ' I who proved to me on the basis of satisfactory evidence to be the personJ,,$) whose name($) is/ape subscribed to the within instrument and acknowledged to me that he/sly/they executed the same in his/her/their authorized BARBARP, M WEAVER capacity(ies), and that by his/her/their signature(,@) on the • "' a COMM. 81707560 instrument the person(a), or the entity upon behalf of NOTARY PUBLIC CALIFORNIA , which the person(a) acted, executed the instrument. SAN LUIS OBISPO COUNTY rn rr PNS My Comm Expires DEC 24 Oto 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 ✓v�`r'r`u- Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document `` Title or Type of Document: IOU 14-61 a t m D .eeq Ekh Document Date: �o� ��/0 Number of Pages: Signer(s)Other Than Named Above Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑ General _ M. ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • El Trustee Top of thumb here El Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other- ❑Other- Signer Is Representing: Signer Is Representing: 02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 i { CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California County of D On 10 > O before me, Tarbaow V�1�av�'', (�o�c�y 7v61tc ate --�-- Here Insert Name and tle of the Officer personally appeared Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/We subscribed to the within instrument and acknowledged to me that Wshe/they executed the same in,his/her/their authorized WEAVER capacity(ies), and that by.Ws/her/thdr signature(g) on the BARBARA M instrument the person(s), or the entity upon behalf of COMM. #1707560 acted, executed the instrument. NOTARY PUBLIC CALIFORNIA which the person(� LUIS OBISPO COUNTY My Comm Expues DEC 24 2010 1 certify under PENALTY OF PERJURY under the laws IF° "� of the State of California that the foregoing paragraph is true and correct. i WITNESS my hand and official seal Signature< Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. i Description of Attached Document Title or Type of Document: Q f m Dt e 1 14- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name. Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s)- El Partner—❑ Limited ❑General _ ❑ Partner—❑ Limited ❑ General _ ❑ Attorney in Fact ❑Attorney in Fact • ElTrustee Top of thumb here [ITrustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other- ❑Other- Signer Is Representing: Signer Is Representing- 0 2007 epresenting:®2007 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "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 Recorder of 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, Page 295 of Official Records of said County, BOUNDED ON THE NORTHEAST by the southeasterly extension 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 EXHIBIT B, attached hereto and made a part hereof. 8 1 t t I t EX 4M67A oae G °` LOQ t16 15 JOT) `. S0 NO PARCEL 4,3 Py 3 `v BOU 1, SOU D EST W ``a o a� 1366 LAh� �u f isr i 6f15/200fi Pages_°E._�- p43{}Aexhibit3��- w CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by quitclaim deed dated ) rl,--- , 2009, from the BOARD OF TRUSTEES OF THE ATASCADERO UNIFIED 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 1 , 2009 and the CITY OF ATASCADERO consents to recordat n thereof by its duly authorized officer or agent Executed on J\)bki/14'1 3 , 2009, at Atascadero, California I�M 4- W4AII f ade G McKinney, City Mknager City of Atascadero J•\wdocs\00409\010\cet\00I 85545.DOC 10 EXHIBIT C RECORDING REQUESTED BY Jerome M.Behrens,Esq Lozano Smith 7404 North Spalding Avenue Fresno, CA 93720-3370 WHEN RECORDED MAIL TO: Jerome M.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 tax is $0.00 ( ) computed on full value of property conveyed,or ( ) computed on full value less value of hens and encumbrances remaining at time of sale. ( ) unincorporated area. ( ) city of ,and FOR A VALUABLE CONSIDERATION,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 ATASCADERO, a 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. EXHIBIT"A' INCORPORATED HEREIN BY THIS REFERENCE t Dated. ,fya/2� 2ym� ,2009 im Tami Gunther President,Board of Trustees Atascadero Unified School District Attest: John R gers Secretary,Board of Trustees Atascadero Unified School District [ATTACH NOTARY ACKNOWLEDGMENT] 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Q -- On 611 1— d 9 before mearra M ate Here Insert Name aFid Title of the Officer personally appeared h �/ Name(s)of Signer(g) who proved to me on the basis of satisfactory evidence to be the personal whose name(e) is/am subscribed to the within instrument and acknowledged to me that he/s46/thaey executed the 'same in his/JxWtheir authorized capacity(ios), and that by his/ber/thdr signature(e) on the BARBARA M WEAVER instrument the person(a), or the entity upon behalf of COMM. 41707560 > which theerson acted, executed the instrument. NOTARY PUBLIC CALIFORNIA p .* SAN LUIS OBISPO COUNTY My Comm Explres DEC 24 2010 1 certify under PENALTY OF PERJURY under the laws 4 rFOPN\ of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature` m �ut Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: f 4-rI&,o, Document Date: (V 1 1a-� o `l Number of Pages: Signer(s) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name. Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s)- 0 Partner—❑ Limited ❑ General _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • ❑ Trustee Top of thumb here ❑Trustee Top of thumb here ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other- ❑Other- Signer Is Representing: Signer Is Representing: 02007 National Notary Association 9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 i 7I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California County of On a-- O 9 before me ��rb a ra M D'to �---� Here Insert Name and Title of the Officer personally appeared /"i'I Gu rc.'_'e" Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons) whose name(e) is/are subscribed to the within instrument and acknowledged to me that ,Wshe/they executed the same in..hi*S/her/their authorized -� - capacity(jw), and that by his/her/their signature() on the ,• ., BARBARA M. WEAVER erson instrument the COMM. #1707560 D p (j), or the entity upon behalf of NOTARY PUBLIC CALIFORNIA which the person(,$) acted, executed the instrument. -° SAN LUIS OBISPO COUNTY Q r � �AtE WMy Comm. Expires DEC 24 ZO10 I certify under PENALTY OF PERJURY under the laws j of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document tt II Title or Type of Document: Document Date //.;t_/ 017 Number of Pages: Signer(s) Other Than Named Above- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name. ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s) ❑Corporate Officer—Title(s) ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑Attorney in Fact • El Trustee Top of thumb here Top of thumb here ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other- ❑Other- Signer Is Representing: Signer Is Representing: ----------------- ®2007 National Notary Association 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.Nabona)Notaryorg Item#5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A' ATASCADERO CREEK RESERVATION NO 5 PARCEL 2 ATASCADERO CREEK RESERVATION NO 5, OF ATASCADERO COLONY, IN THE 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 CONVEYED 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,ATASCADERO 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, THENCE 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 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by quitclaim deed dated c)�A� ],:4— , 2009, from the BOARD OF TRUSTEES OF THE ATAS DERO UNIFIED 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 l 1 , 2009 and the CITY OF ATASCADERO consents to record ati n thereof by its duly authorized officer or agent. Executed on A)VI,LLLjL" ' , 2009, at Atascadero, California Wade G Mc inney, City Man ger City of Atascadero J:\wdocs\00409\010\cet\00185545.DOC 13