HomeMy WebLinkAboutAtascadero Creek Reservation No. 3 JULIE R(IDEWALD NBNC
San Luis Obispo.Cau.nty—Clerk/Recorder 0126/2008
Recorded at the request of 2:20 PM
Public
WHEN RECORDED MAIL TO: D 0 C#: 2008048377 Titles:. 1 Pages: 7
Fees 0.00
Atascadero Unified School District Taxes 0.00
5601 West Mall Others 0.00
Atascadero, CA 93422 I PAID $0.00
ASSIGNMENT AND ASSUMPTION OF LEASE (REVISED)
This Assignment and Assumption of Lease ("Assignment") is dated for reference
purposes as of the 2nd day of October, 2007, by and between The Board of Trustees of the
Atascadero Unified School District, ("Assignor") and the City of Atascadero, a municipal
corporation of the State of California("Asssignee") with reference to the following facts:
RECITALS
A. WHEREAS, Assignor is the owner of that certain real property, known generally
as Atascadero Creek Reservation No. 3, in the City of Atascadero, San Luis Obispo County,
State of California, more particularly described on.Exhibit"A" attached and incorporated by this
reference (the"Property"); and
B. WHEREAS, on or about October 2, 2007, Assignor quitclaimed all of its right,
title and interest in and to the Property, to Assignee,but Assignee has not yet accepted the
Property; and
C. WHEREAS, Assignor wishes to assign to Assignee all of Assignor's right, title
and interest as Lessor in and to that certain Lease of a portion of Creek Reservation No. 3,
entered into October 11, 1965,between the Atascadero School District and the Treasure of El
Camino Real, a nonprofit corporation qualified under the general nonprofit laws of the State of
California, a copy of which lease is attached hereto as Exhibit"B" and incorporated by this
reference (the "Lease"); and
D. WHEREAS, the "Treasure of El Camino Real" is now known as the Atascadero
Historical Society and the Atascadero School District is now known as the Atascadero Unified
School District.
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein and
for good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1
I. Assignment by Assignor. Assignor hereby transfers and assigns to Assignee all
of Assignor's right, title and interest in and to that portion of the Lease attributable to Creek
Reservation No. 3, effective as of the date of Assignee's acceptance of the Quitclaim Deed from
Assignor of Creek Reservation No. 3 (the "Effective Date").
2. Acceptance and Assumption by Assignee. Assignee hereby accepts the
foregoing Assignment and transfer and specifically assumes and agrees to perform and observe
each and every covenant, agreement and condition to be performed or observed by Lessor
(Assignor) under that portion of the Lease attributable to Creek Reservation No. 3, effective as of
the Effective Date.
3. Governing Law. This Assignment is made and entered into in the State of
California and shall be interpreted, construed and enforced in accordance with the laws of the
State of California.
4. Binding Effect. Assignment shall apply to, bind and inure to the benefit of
Assignor and Assignee, and their respective heirs, legal representatives, representatives,
successors and assigns.
5. Counterparts. This Assignment may be executed in one or more counterparts,
each of which shall be an original, but all of which shall together constitute one instrument.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of
the date below.
"ASSIGNOR"
Dated: June 03 , 2008 ATAERO UNIFIED SCHOOL DISTRICT
By:
President Board of Trustees
By:
Secreta7,Board�b.. Trustees
"ASN
Dated: -2-2- , 2008 1p
F TAS DERP
Y
Attest: City Clerk
2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Assignment and
Assumption of Lease dated October 02, 2007, from the BOARD OF TRUSTEES OF THE
ATASCADERO UNIFIED SCHOOL DISTRICT to the CITY OF ATASCADERO, a municipal
corporation of the State of California, is hereby accepted by order of the City Council of the City
l , P �7 01
of Atascadero on h� 2008 pursuant to Resolution No.� � O:5 I , and
authority conferred and adopted by Resolution No. ��j-- "7 of the City Council of the
City of Atascadero adopted - , and the grantee consents to recordation
thereof by its duly authorized officer.
Executed on �(v , , 2008, at Atascadero, California.
�WVl- &4
Wade G. McKinney, City Man ger
City of Atascadero
TE OF CALIFORNIA }ss.
CO Y OF SAN LUIS IS (
}
On ,before me, , a notary public, State of
California duly commission d sworn, personally appeared ,
who proved to me on the basis of sa ' actory evidence to be the person(s)whose name(s)is/are
subscribed to the within instrument and ac ledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by h er/their signature(s) on the instrument the person(s)
or the entity upon behalf of whom the person(s)acted, exe d the instrument.
I certify under PENALTY OF PERJURY under the laws of the State o lifornia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On sept - 16 , 2008 before me, Annette L. Manier , Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Wade G . McKinney
Name(s)of Signer(s)
e
who proved to me on the basis of satisfactory evidence to
be the person4 whose nameW is/are subscribed to the
within instrument and acknowledged to me that
he/_%hQd.hoy executed the same in hisA4e#4heir authorized
capacity0eaj, and that by his/he#4heir signature(lo on the
@MVNoANNETTE L. 1536R instrument the person*, or the entity upon behalf of
Commission#1535432 y p
tory
Public-Callfomia which the person(,$) acted, executed the instrument.
San Luis Obispo CountyC mm.Expires Dec 16,2008 1 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 �/7' - mafI2�
Place Notary Seal Above Si4fiature 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: Atascadero USD Resolution No . 22-07-08
Document Date: June 3 2008 Number of Pages: 16
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: wade G . McKinney ner's Name:
® Individual ❑ In dual
❑ Corporate Officer—Title(s): ❑ Corpor Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner— 'mited ❑ General
❑ Attorney in Fact - ❑Attorney in Fact •
❑ Trustee Top of thumb here El Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conserv r
❑ Other: ❑Other:
Signer Is Representing: Signer I epresenting:
02007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6627
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On , 2008,before me, a v" or-, �4• W�� rf�% ,NotaryPublic,
personally appeared 011�� car- , who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person,or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
�� �.s� t_ _,_
WITNESS my hand and official seal. t
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STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On 1 t 4 , 2008,before me', a ,Notary Public,
personally appeared -'r .: ((e vi r�4--Z--o r r , who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
e�FE RAR Nil °vVEAVER Et
L�r C. :v! :,W07560 r
rE tri NOTAF 1.;:' fA.LIFORNIA. X
SAN i`� )BISPO COUNT` tr
tt Fp My fpm oiies DEC 24 ( 10 y
Signature
(official notary seal)
t:\ausd\ataseadercreek\AssignRev2008
4
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Atascadero, County of San Luis Obispo, State of California,
described as follows:
Parcel 1:
That portion of Atascadero Creek Reservation No. 3 of Atascadero Colony, in the City of
Atascadero, County of San Luis Obispo, State of California, according to map recorded in Book 4,
page 67C of maps, in the office of the County Recorder of said county, described as follows:
Beginning at a point common to Atascadero Creek Reservation Nos. 2 and 3 and Lots 3
and 9, Administration Park (Sheet No. 67A, Map of Atascadero); thence on a line common to
Atascadero Creek Reservation Nos. 2 and 3, South 61 023' East, 117.1 feet to a point common to
Atascadero Creek Reservation Nos. 2 and 3 and Lots 2 and 3, Hotel Park, Sheet No. 70, Map of
Atascadero; thence along the Westerly boundary of said Lot 2, Hotel Park, South 62°34" West,
25.5 feet; thence South 52°24' West, 200 feet; thence South 23°24' West, 188.0 feet; thence on a
line crossing Atascadero Creek, North 51°17' West, 148.7 feet to a point on the Western
boundary of Atascadero Creek Reservation No. 3; thence along said Reservation boundary line,
North 34030' East, 105.0 feet; thence North 45030' East, 76.0 feet; thence North 20°30' East, 67.0
feet; thence North 60030' East, 109.0 feet; thence North 7330' East, 41.47 feet to the place of
beginning.
Excepting therefrom that portion conveyed to the State of California by deed executed by
Atascadero Unified School District, recorded February 7, 1969 in Book 1506, Page 371 of Official
Records.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 10, 1969 in Book 1506, Page 510 of
Official Records.
APN: ptn 029-361-001
Parcel 2:
Atascadero Creek Reservation No. 3 of Atascadero Colony, in the City of Atascadero,
Couf ny of Sari Luis Obispo, State of California, according to neap recorded in Book 4, Page 67C of
Maps, in the office of the County Recorder of said County.
Excepting therefrom that portion of said Atascadero Creek Reservation No. 3 described as
follows:
Beginning at a point common to Atascadero Creek Reservation Nos. 2 and 3 and Lots 3
and 9, Administration Park (Sheet No. 67A, Map of Atascadero); thence on a line common to
Atascadero Creek Reservation Nos. 2 and 3, South 61°23' East, 117.1 feet to a point common to
Atascadero Creek Reservation Nos. 2 and 3 and Lots 2 and 3, Hotel Park, Sheet No. 70, Map of
Atascadero; thence along the Westerly boundary of said Lot 2, Hotel Park, South 62034' West,
25.5 feet; thence South 52°24' West, 200 feet; thence South 23°24' West, 188.0 feet; thence on a
line crossing Atascadero Creek, North 51°17' West, 148.7 feet to a point on the Western
boundary of Atascadero Creek Reservation No. 3; thence along said Reservation boundary line,
North 34030' East, 105.0 feet; thence North 45030' East, 76.0 feet; thence North 2030' East, 67.0
feet; thence North 60°30' East, 109.0 feet; thence North 73030' East, 41.47 feet to the place of
beginning.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 7, 1969 in Book 1506, Page 371 of
Official Records.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 10, 1969 in Book 1506, Page 510 of
Official Records.
APN: 029-361-003
ATASCADERO UNIFIED SCHOOL DISTRICT
RESOLUTION NO.22-07-08
AUTHORIZING EXECUTION OF ASSIGNMENT AND
ASSUMPTION OF ATASCADERO HISTORICAL SOCIETY
LEASE FROM ATASCADERO UNIFIED SCHOOL DISTRICT
TO CITY OF ATASCADERO
The Board of Trustees,as the governing board,of the Atascadero Unified School District,does
hereby resolve as follows:
WHEREAS,by Resolution No.05-07-08,the Board of Trustees authorized the conveyance of
Atascadero Creek Reservation No. 3 to the City of Atascadero and execution of a quitclaim deed and an
Assignment and Assumption of Atascadero Historical Society Lease to the City of Atascadero in
settlement of litigation and in avoidance of future liability; and
WHEREAS,the City of Atascadero has requested certain corrections to and clarifications of the
Assignment and Assumption of Atascadero Historical Society Lease.
NOW,THEREFORE,BE IT RESOLVED,by the Board of Trustees of the Atascadero Unified
School District,that the President and Secretary of the Board of Trustees of the Atascadero Unified
School District are authorized to execute the Assignment and Assumption of Lease of the Atascadero
Historical Society Lease(Revised), generally in the form attached hereto as Exhibit"1"to the City of
Atascadero.
PASSED AND ADOPTED this 3rd da ofJune, 2008.
PRESIDENT,BOARD OF TFUSTEES,
ATASCADERO UNIFIED SCHOOL DISTRICT
I,John Rogers, Secretary of the Board of Trustees of the Atascadero Unified School District,hereby
certify that Resolution No.22-07-08,proposed by Trustee Galvan and seconded by
Trustee C 1 i ckard 'was duly passed and adopted by the Board of Trustees of the
Atascadero Unified School District at a regular meeting thereof assembled this 3rd day of June 2008,by
the following roll call vote:
AYES: Clickard, Dodge, Galvan, Gunther, Kuhnle, Switzer, Twisselman
NOES: None
ABSENT: None
ABSTAIN None
AL1
Sec etary of the' and of Trustees,
A scadero Unified School District
T:W USDUtesolud on22-07-08
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On -1 , 2008,before me, ,Notary Public,
personally appeared `7�;_ , EA kms" �,�,•�r--�` ,who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
BARBARA PY1 '6EA;VER�j
COMM. ;t 170,1560 >
Q e NOTARY PUBLIC CALIFORNIA '
LUIS OBISPO COUNTY o
Co
*to-o�K` My Comm Expires DEC 24 2010
Signature _,51
(official notary seal)
t:\ausd\atascadercreek\A ssi gnRe0008
4
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
.....tea.,
On ,,%urs e , 2008,before me, tE �°�- f l 114lezc Ve+' Notary Public,
personally appeared [' , °� .--P\c�crE's , who proved to me on
the basis of satisfactory evidAce to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person,or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
I P1� i'v1 'I4'EFVER
( mmii. 81707560
' F w()(ARY PUBLIC CALIFORNIA. f
Uis t)EISPO COUNT\
,ry Comin Lrpiies DEC 24. 2010
Signature
(official notary seal)
t:\ausd\atascadercreek\AssignRev2008
4
VOL1'0' E PAGE
ATASCADERO SCHOOL DISTRICT
COUNTY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
Resolution #6, School Year 1965-66
Dated: October 11, 1965
RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF LEASE
The following resolution is hereby offered and read:
WHEREAS, on September 13, 1965, the Board of Trustees of the Atascadero
School District duly adopted a Resolution of Intention to Lease District Owned Real
Property; due notice was given of said Resolution and of the time and place of holding
the public meeting for the.opening of bids for said lease; the highest bid which com-
plied with all terms and conditions of said Resolution and of the attached proposed
lease was submitted by "The Treasure of EI Camino Real (also known as the Atas-
cadero Historical Society); it is in the public interest that said lease be awarded by
the Atascadero school District to "The Treasure of EI Camino Real",
NOW, THEREFORE; BE IT RESOLVED and ORDERED by the Board of
Trustees of the Atascadero School District located in the County of San Luis Obispo,
State of California, as follows:
1. That the bid of "The Treasure of EI Camino Real" for lease of certain
real property from the Atascadero School District pursuant to said
Resolution of Intention and the lease attached thereto, be and here-
by is accepted by the Atascadero School District.
2. That the President and Clerk of the Board of Trustees of the Atascadero
School District be and hereby are authorized and directed to execute
on behalf of the Atascadero School District that lease set out on the
attached document marked "Exhibit A", which is hereby expressly in-
corporated herein by reference as though here fully set forth.
3. That it is the duty of the Atascadero School District to .record said
lease and this resolution.
On motion of Board Member Greenman ,seconded by Board Member
Peterson and on the following roll call vote, to-wit:
0
C
AYES: Greenman, Hei lmann, Jespersen, Peterson, Sayers
. NOES: None
ABSENT: None L"
the foregoing resolution is hereby adopted.
, V•
%_oardfTrustees of the Ata a ero
chool District
LEASE
THIS LEASE, entered into on the 11th day of October , 1965,
by and between the Atascadero School District, a public corporation and one of the
school districts located in the County of San Luis Obispo, State of California,
hereinafter called "School", and The Treasure of El Camino Real
a non-profit corporation qualified under the general non-profit corporation laws of
the State of California, hereinafter called "Lessee";
WITNESSETH:
That School hereby leases unto Lessee, and Lessee hereby leases from
School, that School-owned real property located in the County of San Luis Obispo,
State of California, and more particularly described as follows:
All of Atascadero Creek Reservations Nos. 2 and 3 of Atascadero,
in the County of San Luis Obispo, State of California, according
to the map of said Atascadero recorded in Book 4 of Maps at page
67-A (Amendment D), records of said County. Excepting therefrom
the portion of said Atascadero Creek Reservation No. 3 described
as follows:
Beginning at the intersection of the centerline of South Mall with
the centerline of East Mall, as shown on the above mentioned map;
thence, S. 61° 23' E., along the said centerline of South Mall,
166.00 feet; thence, S. 280 37' W., .130.43 feet; thence N.
680 30' E., 1.75 feet to the True Point of Beginning, being the
southwesterly terminous of the course bearing N. 68° 30' E. in
the easterly line of said Reservation No. 3; thence, along said.
easterly line N. 68° 30' E., 73.00 feet; thence, continuing
along said easterly line, S. 5- 30' E., 53.94 feet; thence
leaving said easterly line S. 51 49' W., 19.14 feet; thence, S.
180 21'W. 41.77 feet; thence, S. 60° 45' W. 22.57 feet;
thence,N. 640 36' W., 102.64 feet to a point on the aforesaid
easterly line; thence, N. 291 30' E., 42.33 feet to the True
Point of Beginning.
upon the following terms and conditions:
1. Lessee shall pay the sum of One Dollar and no cents ($1.00) per
year payable at the commencement of each Lease year.
2. Lessee may use the premises for the following purposes only:
recreation, park, museum and historic purposes.
3. Lease may not be assigned, sublet or transferred by Lessee unless
School First gives its written consent.
4. The School will not be responsible to Lessee for any loss of property
from said premises, or for any injury, loss or damage to any building or buildings,
"Exhibit A"
or the contents thereof, placed on said real property as provided herein by Lessee,
however occurring.
5. The School shall have the right to enter said premises at all reason-
able hours to examine the same.
6. Lessee hereby waives all claims for damages that may be caused by
the School in re-entering and taking possession of the premises as herein provided,
and all claims for damages that may result from the destruction of or injury to the
premises thereby; and all claims for damages to or loss of such property belonging
to the Lessee as may be in or upon the premises at the time of such re-entering.
Lessee also waives all claims against the School for damages to any property of
Lessee from any cause arising at any time.
7. The School reserves the right at any time to make such reasonable
rules and regulations as in its judgment may from time to time be necessary for the
safety, care, and cleanliness of the premises, and for the preservation of good
order therein.
8. Lessee hereby agrees to indemnify and save harmless the School
from any and all manner of.damages, charges, suits, costs and expenses which it
may sustain or be put to by reason of the Lessee's use of the said premises or by
reason of anything relating thereto or by reason of this Lease or any of the provi-
sions hereof.
9. Lessee further agrees, prior to the commencement of this Lease, to
purchase adequate insurance in the name of the Lessee and in the name of the School
in the amount of $ l,0oo.000.00 / $
Public Liability Insurance and $ 5,000.00 Property Damage
Insurance to protect all persons who may sustain injury as a result of the use to
c�
which the premises are put.
-.z
10. If suit be necessary to enforce any part or portion of this Lease by `?
tti
School, Lessee agrees to pay attorney fees and all court costs connected therewith.
iI. Lessee shall arrange for and pay for all of the utility hookups to said
premises and shall pay all bills for water, gas, electrical service, and other public
utility services used in, on or about said premises during the period of this Lease.
-2-
12. Lessee agrees and promises that it will comply with and observe all
statutes, ordinances, rules and regulations of the Federal, State, Municipal, County
or other public authority.
13. This lease shall be valid for a period of ninety-nine (99) years from the
date hereof unless sooner terminated as herein provided.
14. Lessee agrees that it shall not have access to the above-described
real property through any other School-owned real property than that leased to Lessee
herein, and Lessee further agrees to provide its own access to the above described
real property.
15. If Lessee for any reason fails or omits to comply with any of the terms
and conditions of this Lease, School shall have the right to terminate this Lease by
mailing to Lessee, postage prepaid, thirty (30) days written notice of such termina-
tion.
16. A waiver by School of any failure or omission by Lessee to comply
with any of the terms and conditions of this Lease shall not constitute a waiver by
School of any other such failure or ommission.
17. Lessee shall have the right during the term of this Lease to place on
the above described real property a building or buildings suitable to carry out the
purposes of this Lease set out in paragraph no. 2 hereinabove. Said building or
buildings shall be the property of and belong exclusively to Lessee, who shall at
its own sole cost and expense pay for any and all repairs, maintenance and custodial
care in, on and around said building or buildings. Lessee shall at its own sole cost
and expense pay for any and all insurance on said building or buildings.
18. Lessee agrees to keep said real property in good order and free from
all refuse, and shall promptly remove all ashes, garbage and refuse of any kind from
said real property during the term of this Lease. o
19. At the end of this Lease term, or at any sooner termination of this -t
Lease as provided herein, Lessee agrees to surrender the above described real
property to School in as good condition as received, reasonable wear and tear
excepted. Lessee shall at its own sole cost and expense remove from said real
property upon said end or termination any and all buildings placed thereon by Lessee
on
-3-
pursuant to this Lease, within thirty (30) days after said end or termination. If
any of said building or buildings are not so removed by Lessee from said real
property by the end of said thirty (30) days, then School shall have the right
either to keep said building or buildings on said premises in which case said
building or buildings shall automatically belong to and become the property of
School or of removing in any manner deemed appropriate to School said building
or buildings from said premises at the sole cost and expense of Lessee in which
event Lessee shall pay to School the cost thereof within thirty (30) days after
the mailing by School to Lessee, postage prepaid, of an itemized bill which
sets out the cost of said removal.
IN WITNESS WHEREOF the parties hereto have executed this Lease on
the day and year first above written.
ATASCADERO SCHOOL DISTRICT
By:
President of the Board of Trustees
of the Atascadero School District
ATTEST:
t
. e
lerk of the Board ed Trustees of the
Atascadero School District The Treasure of E1 Camino Real
By:
(Name and Title)
,'(Name and Title)
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss LESSEE
On this 22nd day of October, in the year One Thousand Nine hundred
and sisty-five, before me, a Notary Public in and for said County, G;
residing therein, duly commissioned and sworn, personally appeared
Everett Fenny and Marjorie R. Mackey, known to me to be the President
and Secretary of the corporation that executed the within instrument
and also known to me to be the persons who executed it on behalf of
the said Corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS in EREOF, I have hereunto set my hand and affixed s`
my official seal at my office in the day and year in this certificate first
above written. •
Notary Public and for said County
!umedY:atenenetlnenea+emets+in+catss—.:n: �R and State.
ALICE E. UPT(
NOTARY PUBLIC—:AUFOANIA : -4-
'�`,�.,'S-+J' PRINCIPAL OFFICE IN
SAN 4pIs OBISPO COUNTY E
t n em tot to t nett us t ectt:eet eeten t.r,as au es as te:t:i9
a.
i
STATE OF CALIFORNIA )
ss
COUNTY OF SAN LUIS OBISPO )
On this I I th . day of October 1965 , before me,
the undersigned Notary Public, personally appeared Klaus Heilmann and Alice
Sayers, known-;to me to be the President and Clerk, respectively, of the Board
of Trustees of the Atascadero School District and known to me to be the persons
who executed the within instrument on behalf of said political subdivision, and
acknowledged to me that such political subdivision executed the same.
Notary Public in andTofSaid County& State
Eel.f (SEAL)
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IJEirARY PUBLIC—CAUFORNIA
C P-WN'CWJNL OFFICE IN
SAN LLS OBISPO CQUI€sem<'
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Document No.----
ANpED T 'R
•IYIIS 1S BPO G UN�
ISANCAI,
NOV 171965
County ReQor�der
BY
l'>AP,ARF�
1 9
WHEN RECORDED MAIL TO:
Atascadero Unified School District
5601 West Mall
Atascadero, CA 93422
ASSIGNMENT AND ASSUMPTION OF LEASE (REVISED)
This Assignment and Assumption of Lease ("Assignment") is dated for reference
purposes as of the 2nd day of October, 2007, by and between The Board of Trustees of the
Atascadero Unified School District, ("Assignor") and the City of Atascadero, a municipal
corporation of the State of California ("Asssignee") with reference to the following facts:
RECITALS
A. WHEREAS, Assignor is the owner of that certain real property, known generally
as Atascadero Creek Reservation No. 3, in the City of Atascadero, San Luis Obispo County,
State of California, more particularly described on Exhibit "A" attached and incorporated by this
reference (the "Property"); and
B. WHEREAS, on or about October 2, 2007, Assignor quitclaimed all of its right,
title and interest in and to the Property, to Assignee, but Assignee has not yet accepted the
Property; and
C. WHEREAS, Assignor wishes to assign to Assignee all of Assignor's right, title
and interest as Lessor in and to that certain Lease of a portion of Creek Reservation No. 3,
entered into October 11, 1965, between the Atascadero School District and the Treasure of El
Camino Real, a nonprofit corporation qualified under the general nonprofit laws of the State of
California, a copy of which lease is attached hereto as Exhibit"B" and incorporated by this
reference (the"Lease"); and
D. WHEREAS, the "Treasure of El Camino Real" is now known as the Atascadero
Historical Society and the Atascadero School District is now known as the Atascadero Unified
School District.
NOW, THEREFORE, in consideration of the mutual covenants of the parties herein and
for good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1
I. Assignment by Assignor. Assignor hereby transfers and assigns to Assignee all
of Assignor's right, title and interest in and to that portion of the Lease attributable to Creek
Reservation No. 3, effective as of the date of Assignee's acceptance of the Quitclaim Deed from
Assignor of Creek Reservation No. 3 (the "Effective Date").
2. Acceptance and Assumption by Assignee. Assignee hereby accepts the
foregoing Assignment and transfer and specifically assumes and agrees to perform and observe
each and every covenant, agreement and condition to be performed or observed by Lessor
(Assignor) under that portion of the Lease attributable to Creek Reservation No. 3, effective as of
the Effective Date.
3. Governing Law. This Assignment is made and entered into in the State of
California and shall be interpreted, construed and enforced in accordance with the laws of the
State of California.
4. Binding Effect. Assignment shall apply to, bind and inure to the benefit of
Assignor and Assignee, and their respective heirs, legal representatives, representatives,
successors and assigns.
5. Counterparts. This Assignment may be executed in one or more counterparts,
each of which shall be an original, but all of which shall together constitute one instrument.
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment as of
the date below.
"ASSIGNOR"
Dated: June 03 , 2008 ATA ERO UNIFIED SCHOOL DISTRICT
By:
President, Board of Trustees
By: jll�
Secreta Board'o Trustees
"AS I N
Dated: `2 Z , 2008 CI F TAS DE
Y
Upkk
Attest: City Clerk
2
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Assignment and
Assumption of Lease dated October 02, 2007, from the BOARD OF TRUSTEES OF THE
ATASCADERO UNIFIED SCHOOL DISTRICT to the CITY OF ATASCADERO, a municipal
corporation of the State of California, is hereby accepted by order of the City Council of the City
of Atascadero onthe L1 , 2008, pursuant to Resolution No. 10 J�� , and
authority conferred and adopted by Resolution No. �I— "7 of the City Council of the
City of Atascadero adopted/ -� , and the grantee consents to recordation
thereof by its duly authorized officer.
Executed on to, , 2008, at Atascadero, California.
ala Vl'
W"
Wade G. McKinney, City Man ger
City of Atascadero
TE OF CALIFORNIA }ss.
CO Y OF SAN LUIS OBISPO }
On , before me, , a notary public, State of
California duly commission nd sworn, personally appeared ,
who proved to me on the basis of sa ' actory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and ac wledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by h er/their signature(s)on the instrument the person(s)
or the entity upon behalf of whom the person(s)acted,exe d the instrument.
I certify under PENALTY OF PERJURY under the laws of the State o lifornia that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On Sept . 16 , 2008beforeme, Annette L. Manier , Notary Public
Date Here Insert Name and Title of the Officer '
personally appeared wade G . McKinney
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person4 whose nameW is/are subscribed to the
within instrument and acknowledged to me that
he/shQW;ey executed the same in his/he##ieir authorized
ANNETTE L.MMANIER capacity(ies), and that by his/her{ eir signature(o on the
Commission#1535432 [ instrument the person*, or the entity upon behalf of
•- Notary Public-California which the person(A) acted, executed the instrument.
San Luis Obispo County
My Comm.Expires Dec 16,2008 1 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.
I
Signature �� ,, Wgy-CL-1
Place Notary Seal Above Si0fiature 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: Atascadero USD Resolution No . 22-07-08
Document Date: June 3 , 2008 Number of Pages: 16
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Wade G . McKinney _ ner's Name:
® Individual ❑ In dual
❑ Corporate Officer—Title(s): ❑Corpor Officer—Title(s):
❑ Partner—❑ Limited ❑ General ❑ Partner— mited ❑ General
❑ Attorney in Fact - • ❑Attorney in Fact •
❑ Trustee Top of thumb here ❑Trustee Top of thumb here
❑ Guardian or Conservator ❑ Guardian or Conserv r
❑ Other: ❑ Other:
Signer Is Representing: Signer I epresenting:
02007 National Notary Association•9350 De Soto Ave.,PO.Box 2402•Chatsworth,CA 91313-2402•www.NationalNotary.org Item#5907 Reorder:Call Toll-Free 1-800-876-6827
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
t
On �.. 2008,before me, )txr /1,, rel, �� 'lI 4z,'t'r Notary Public,
personally appeared -—jc: h.tf s , who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. � �
Signature_
„,�,,s-,` -. ._. _s ter•-�-_r�,ryc:
(official notary seal)
t:\au sd\atascaderc reek\Ass i gn Rev 2008
4
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On k e , 2008, before me, ,Notary Public,
personally appeared E , ��1 " z�� �4 -� t�F who roved to me on
p Y Pp f � p
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person,or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. �� / a L
t C
F v Con 4
Signature j�q[ r �'�j./ -� t _ - ,-r c e — _«
(official notary seal)
t:\ausd\atascadercreck\AssignRev2008
4
EXHIBIT "A"
LEGAL DESCRIPTION
Real property in the City of Atascadero, County of San Luis Obispo, State of California,
described as follows:
Parcel 1:
That portion of Atascadero Creek Reservation No. 3 of Atascadero Colony, in the City of
Atascadero, County of San Luis Obispo, State of California, according to map recorded in Book 4,
page 67C of maps, in the office of the County Recorder of said county, described as follows:
Beginning at a point common to Atascadero Creek Reservation Nos. 2 and 3 and Lots 3
and 9, Administration Park (Sheet No. 67A, Map of Atascadero); thence on a line common to
Atascadero Creek Reservation Nos. 2 and 3, South 61'23' East, 117.1 feet to a point common to
Atascadero Creek Reservation Nos. 2 and 3 and Lots 2 and 3, Hotel Park, Sheet No. 70, Map of
Atascadero; thence along the Westerly boundary of said Lot 2, Hotel Park, South 62°34" West,
25.5 feet; thence South 52°24' West, 200 feet; thence South 23°24' West, 188.0 feet; thence on a
line crossing Atascadero Creek, North 51°17' West, 148.7 feet to a point on the Western
boundary of Atascadero Creek Reservation No. 3; thence along said Reservation boundary line,
North 34030' East, 105.0 feet; thence North 45030' East, 76.0 feet; thence North 20°30' East, 67.0
feet; thence North 60°30' East, 109.0 feet; thence North 73°30' East, 41.47 feet to the place of
beginning.
Excepting therefrom that portion conveyed to the State of California by deed executed by
Atascadero Unified School District, recorded February 7, 1969 in Book 1506, Page 371 of Official
Records.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 10, 1969 in Book 1506, Page 510 of
Official Records.
APN: ptn 029-361-001
Parcel 2:
Atascadero Creek Reservation No. 3 of Atascadero Colony, in the City of Atascadero,
County of San i Luis Obispo, date of California, according to map recorded in Book 4, Page 67C, of
Maps, in the office of the County Recorder of said County.
Excepting therefrom that portion of said Atascadero Creek Reservation No. 3 described as
follows:
Beginning at a point common to Atascadero Creek Reservation Nos. 2 and 3 and Lots 3
and 9, Administration Park (Sheet No. 67A, Map of Atascadero); thence on a line common to
Atascadero Creek Reservation Nos. 2 and 3, South 61'23' East, 117.1 feet to a point common to
Atascadero Creek Reservation Nos. 2 and 3 and Lots 2 and 3, Hotel Park, Sheet No. 70, Map of
Atascadero; thence along the Westerly boundary of said Lot 2, Hotel Park, South 62034' West,
25.5 feet; thence South 52°24' West, 200 feet; thence South 23°24' West, 188.0 feet; thence on a
line crossing Atascadero Creek, North 51°17' West, 148.7 feet to a point on the Western
boundary of Atascadero Creek Reservation No. 3; thence along said Reservation boundary line,
North 34030' East, 105.0 feet; thence North 45°30' East, 76.0 feet; thence North 20030' East, 67.0
feet; thence North 60°30' East, 109.0 feet; thence North 73°30' East, 41.47 feet to the place of
beginning.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 7, 1969 In Book 1506, Page 371 of
Official Records.
Also excepting therefrom that portion conveyed to the State of California by deed executed
by Atascadero Unified School District, recorded February 10, 1969 in Book 1506, Page 510 of
Official Records.
APN: 029-361-003
ATASCADERO UNIFIED SCHOOL DISTRICT
RESOLUTION NO. 22-07-08
AUTHORIZING EXECUTION OF ASSIGNMENT AND
ASSUMPTION OF ATASCADERO HISTORICAL SOCIETY
LEASE FROM ATASCADERO UNIFIED SCHOOL DISTRICT
TO CITY OF ATASCADERO
The Board of Trustees,as the governing board,of the Atascadero Unified School District, does
hereby resolve as follows:
WHEREAS,by Resolution No.05-07-08,the Board of Trustees authorized the conveyance of
Atascadero Creek Reservation No. 3 to the City of Atascadero and execution of a quitclaim deed and an
Assignment and Assumption of Atascadero Historical Society Lease to the City of Atascadero in
settlement of litigation and in avoidance of future liability; and
WHEREAS,the City of Atascadero has requested certain corrections to and clarifications of the
Assignment and Assumption of Atascadero Historical Society Lease.
NOW,THEREFORE,BE IT RESOLVED,by the Board of Trustees of the Atascadero Unified
School District,that the President and Secretary of the Board of Trustees of the Atascadero Unified
School District are authorized to execute the Assignment and Assumption of Lease of the Atascadero
Historical Society Lease(Revised),generally in the form attached hereto as Exhibit"1"to the City of
Atascadero.
PASSED AND ADOPTED this 3rd da of June,
4 k ct�7�� /
PRESIDENT,BOARD OF T11USTEES,
ATASCADERO UNIFIED SCHOOL DISTRICT
I,John Rogers, Secretary of the Board of Trustees of the Atascadero Unified School District,hereby
certify that Resolution No.22-07-08,proposed by Trustee Galvan and seconded by
Trustee C 1 i ckard _,was duly passed and adopted by the Board of Trustees of the
Atascadero Unified School District at a regular meeting thereof assembled this 3rd day of June 2008,by
the following roll call vote:
AYES: Clickard, Dodge, Galvan, Gunther, Kuhnle, Switzer, Twisselman
NOES: None
ABSENT: None
ABSTAIN None
r
Sec etary of the and of Trustees,
A scadero Unified School District
T AAUSD\Resolution22-07-08
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On 2008,before me, Notary Public,
personally appeared '4 z-c=r who proved to me on
the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
l�ui P U,�I�, CA IFO^RN A
AN i'j 0B S P 0 C OUNT� ,>
REC. 2�-
Signature
(official notary seal)
t:\ausd\atascadercreek\A ss i gnRev 2008
4
STATE OF CALIFORNIA }ss.
COUNTY OF SAN LUIS OBISPO }
On 2008,before me, 0 '''J-e"t'r ' ,Notary Public,
personally appeared who proved to me on
the basis of satisfactory evidui ce to be the person whose name is subscribed to the within instrument and
acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her
signature on the instrument the person,or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal. `
d1�U7560
—a..
F
� 7w�P�<<,uNTy
Slgnaturq_.
(official notary seal)
t:\ausd\atascaderereek\AssignRev2008
4
-VOLD' ib PAGE J'
ATASCADERO SCHOOL DISTRICT
COUNTY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
Resolution #6, School Year 1965-66
Dated: October 13., 1965
RESOLUTION ACCEPTING BID AND AUTHORIZING EXECUTION OF LEASE
The following resolution is hereby offered and read:
WHEREAS, on September 13, 1965, the Board of Trustees of the Atascadero
School District duly adopted a Resolution of Intention to Lease District Owned Real
Property; due notice was given of said Resolution and of the time and place of holding
the public meeting for the opening of bids for said lease; the highest bid which com-
plied with all terms and conditions of said Resolution and of the attached proposed
lease was submitted by "The Treasure of EI Camino Real (also known as the Atas-
cadero Historical Society); it is in the public interest that said lease be awarded by
the Atascadero School District to "The Treasure of EI Camino Real".
NOW, THEREFORE, BE IT RESOLVED and ORDERED by the Board of
Trustees of the Atascadero School District located in the County of San Luis Obispo,
State of California, as follows:
1. That the bid of "The Treasure of EI Camino Real" for lease of certain
real property from the Atascadero School District pursuant to said
Resolution of Intention and the lease attached thereto, be and here-
by is accepted by the Atascadero School District.
2. That the President and Clerk of the Board of Trustees of the Atascadero
School District be and hereby are authorized and directed to execute
on behalf of the Atascadero School District that lease set out on the
attached document marked "Exhibit A", which is hereby expressly in-
corporated herein by reference as though here fully set forth.
3. That it is the duty of the Atascadero School District to .record said
lease and this resolution.
On motion of Board Member Greenman ,seconded by Board Member
Peterson and on the following roll call vote, to-wit: o
C
AYES: Greenman, Hei lmann, Jespersen, Peterson, Sayers
NOES: None —�
ABSENT: None
the foregoing resolution is hereby adopted.
1����
r
oard of Trustees of the Ataaero
School District
b
LEASE
THIS LEASE, entered into on the 11 th day of October 1965,
by and between the Atascadero School District, a public corporation and one of the
school districts located in the County of San Luis Obispo, State of California,
hereinafter called "School", and The Treasure of El Camino Real
a non-profit corporation qualified under the general non-profit corporation laws of
the State of California, hereinafter called "Lessee";
WITNESSETH:
That School hereby leases unto Lessee, and Lessee hereby leases from
School, that School-owned real property located in the County of San Luis Obispo,
State of California, and more particularly described as follows:
All of Atascadero Creek Reservations Nos. 2 and 3 of Atascadero,
in the County of San Luis Obispo, State of California, according
to the map of said Atascadero recorded in Book 4 of Maps at page
67-A (Amendment D), records of said County. Excepting therefrom
the portion of said Atascadero Creek Reservation No. 3 described
as follows:
Beginning at the intersection of the centerline of South Mall with
the centerline of East Mall, as shown on the above mentioned map;
thence, S. 610 23' E., along the said centerline of South Mall,
166.00 feet; thence, S.. 28° 37' W., 130.43 feet; thence N,
680 30' E., 1.75 feet to the True Point of Beginning, being the
southwesterly terminous of the course bearing N. 680 30' E. in.
the easterly Line of said Reservation No. 3; thence, along said
easterly line N. 680 30' E., 73.00 feet; thence, continuing
along said easterly line, S. 45° 30' E., 53.94 feet; thence
leaving said easterly line S. 50 49' W., 19.14 feet; thence, S.
180 21'W., 41.77 feet; thence, S. 600 45'W. 22.57 feet;
thence,N. 640 36' W., 102.64 feet to a point on the aforesaid
easterly line; thence, N. 29° 30' E., 42.33 feet to the True
Point of Beginning.
upon the following terms and conditions:
1. Lessee shall pay the sum of One Dollar and no cents ($1.00) per
year payable at the commencement of each Lease year.
2. Lessee may use the premises for the following purposes only:
recreation, park, museum and historic purposes.
3. Lease may not be assigned, sublet or transferred by Lessee unless
School First gives its written consent.
4. The School will not be responsible to Lessee for any loss of property
from said premises, or for any injury, loss or damage to any building or buildings,
"Exhibit A"
or the contents thereof, placed on said real property as provided herein by Lessee,
however occurring.
5. The School shall have the right to enter said premises at all reason-
able hours to examine the same.
6. Lessee hereby waives all claims for damages that may be caused by
the School in re-entering and taking possession of the premises as herein provided,
and all claims for damages that may result from the destruction of or injury to the
premises thereby; and all claims for damages to or loss of such property belonging
to the Lessee as may be in or upon the premises at the time of such re-entering.
Lessee also waives all claims against the School for damages to any property of
Lessee from any cause arising at any time.
7. The School reserves the right at any time to make such reasonable
rules and regulations as in its judgment may from time to time be necessary for the
safety, care, and cleanliness of the premises, and for the preservation of good
order therein.
8. Lessee hereby agrees to indemnify and save harmless the School
from any and all manner of damages, charges, suits, costs and expenses which it
may sustain or be put to by reason of the Lessee's use of the said premises or by
reason of anything relating thereto or by reason of this Lease or any of the provi-
sions hereof.
9. Lessee further agrees, prior to the commencement of this Lease, to
purchase adequate insurance in the name of the Lessee and in the name of the School
in the amount of $ t,000,000.00 / $
Public Liability Insurance and $ 5,000.00 Property Damage
Insurance to protect all persons who may sustain injury as a result of the use to
which the premises are put.
10. If suit be necessary to enforce any part or portion of this Lease by
School, Lessee agrees to pay attorney fees and all court costs connected therewith.
1 i. Lessee shall arrange for and pay for all of the utility hookups to said
premises and shall pay all bills for water, gas, electrical service, and other public
utility services used in, on or about said premises during the period of this Lease.
r
-2-
12. Lessee agrees and promises that it will comply with and observe all
statutes, ordinances, rules and regulations of the Federal, State, Municipal, County
or other public authority.
13. This lease shall be valid for a period of ninety-nine (99) years from the
date hereof unless sooner terminated as herein provided.
14. Lessee agrees that it shall not have access to the above-described
real property through any other School-owned real property than that leased to Lessee
herein, and Lessee further agrees to provide its own access to the above described
real property.
15. If Lessee for any reason fails or omits to comply with any of the terms
and conditions of this Lease, School shall have the right to terminate this Lease by
mailing to Lessee, postage prepaid, thirty (30) days written notice of such termina-
tion.
16. A waiver by School of any failure or omission by Lessee to comply
with any of the terms and conditions of this Lease shall not constitute a waiver by
School of any other such failure or ommission.
17. Lessee shall have the right during the term of this Lease to place on
the above described real property a building or buildings suitable to carry out the
purposes of this Lease set out in paragraph no. 2 hereinabove. Said building or
buildings shall be the property of and belong exclusively to Lessee, who shall at
its own sole cost and expense pay for any and all repairs, maintenance and custodial
care in, on and around said building or buildings. Lessee shall at its own sole cost
and expense pay for any and all insurance on said building or buildings.
18. Lessee agrees to keep said real property in good order and free from
all refuse, and shall promptly remove all ashes, garbage and refuse of any kind from
said real property during the term of this Lease.
19. At the end of this Lease term, or at any sooner termination of this
Lease as provided herein, Lessee agrees to surrender the above described real
property to School in as good condition as received, reasonable wear and tear
excepted. Lessee shall at its own sole cost and expense remove from said real
property upon said end or termination any and all buildings placed thereon by Lessee
-3-
pursuant to this Lease, within thirty (30) days after said end or termination. If
any of said building or buildings are not so removed by Lessee from said real
property by the end of said thirty (30) days, then School shall have the right
either to keep said building or buildings on said premises in which case said
building or buildings shall automatically belong to and become the property of
School or of removing in any manner deemed appropriate to School said building
or buildings from said premises at the sole cost and expense of Lessee in which
event Lessee shall pay to School the cost thereof.within thirty (30) days after
the mailing by School to Lessee, postage prepaid, of an itemized bill which
' sets out the cost of said removal.
IN WITNESS WHEREOF the parties hereto have executed this Lease on
the day and year first above written.
ATASCADERO SCHOOL DISTRICT
By:
President of the Board of Trustees
of the Atascadero School District
ATTEST:
i
lerk of the Board Trustees of the
Atascadero School District The Treasure of E1 Camino Real
By: P�"�Actzt'
(Name and Title)
(Name and Title) /
STATE OF CALIFORNIA ) _
c�
COUNTY OF SAN LUIS OBISPO ) ss LESSEE
On this 22nd day of 'October, in the year One Thousand Nine hundred J
and sisty-five, before me, a Notary Public in and for said County, cr,
residing therein, duly commissioned and sworn, personally appeared
Everett Fenny and Marjorie R. Mackey, known to me to be the President
and Secretary of the corporation that executed the within instrument
and also known to me to be the persons who executed it on behalf of
the said Corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS HEREOF, I have hereunto set my hand and affixed j
my official seal at my office in the day and year in this certificate first
above written. t" f
Notary Public and for said County
FEiiiiniEi4aeeiiifEnT!iiiEEEneEEisieEEin!tcncEasTa.a!e and State,
ALICE E. UPTON
�orAx�Puo�ic--
AL 1A -4-
PRINCIPAL OFFICc IN
P�-. SAN LUIS OBISPO COUNTY
$tEI i/Elilllillt811EliiiCii{iCEtitlEtiiiiiTlElE5iilCi!iEiOl ,y
f
STATE OF CALIFORNIA )
ss
COUNTY OF SAN LUIS OBISPO )
On this t i th day of October '1965 , before me,
the undersigned Notary Public, personally appeared Klaus Heilmann and Alice
Sayers, known to me to be the President and Clerk, respectively, of the Board
of Trustees of the Atascadero School District and known to me to be the persons
who executed the within instrument on behalf of said political subdivision, and
acknowledged to me that such political subdivision executed the same.
i
Notary Public in an o ai County & State
itl,Y6eterrt�s;a aeaaaasefssnsne¢dfcxffafecictac,casf::c^,)
(SEAL)
Gt$G4 E. UPTON z
I,CW AWtr PUBLIC—CALIFORNIA IA
OFFICE IN
MN LLS 0131SPO COLIM i
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*AN LYI18 6S'*PA Go"WiV. GAL.
NOY 171965
County Re��1er
6Y IF; $ nde '
CgDMIF