HomeMy WebLinkAbout2010-052571a
RECORDING REQUESTED BY
Flrst Amerion Title Company
AND WHEN RECORDED MAIL DOCUMENT TO:
The Shops at Short Street, LLC
C/O 684 Higuera St, Ste B
San Luis Obispo, CA 93401
A.P.N.: 007-492-004
JULIE RODEWALQ
San Luis Obispo County—Clerk/Recorder
ReeoNed al the roqunl ol
First American Title Company
ooca: 2010052571
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Titles: 1 Pages: 5
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PAID 50.00
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File No.: 4009-3609496 (LB)
GRANT DEED
Document TRIe
Documentary Transfer Tax: PER SEPARATE STATEMENT
Computed on Full Value of transfer
City of Arroyo Grande
This Deed is being recorded For the benefit of The City of Arroyo
Grande and is exempt from recording fees pursuant to
Sections 6103 and Z7383 of the California Government Code
� FEE PAID EXeMPT OUT OF
",^ STAT[
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SEPARATE PAGE PURSUANT TO GOVT CODE 27361.6
RECORDING REQUESTED
BY WHEN RECORDED
RETURN TO:
The Shops at ShoR Street
684 Higuera St.
San Luis Obispo, CA 93401-
3550
Y
GRANT DEED
(NO RECORDING FEE — EXEMPT)
WHEREAS, the City of Arroyo Grande ("City") is the owner of that certain real property
located at 200 East Branch Street, Arroyo Grende, California, commonly known as a portion of
Assessor's Parcel Number 007�92-004 (the "Property"); and
WHEREAS, pursuant to the Amended and Restated Agreement of Purchase and Sale
and Improvement (the "Agreement") between City and Nicholas J. Tompkins ("NJT') dated
September 14, 2010, City agreed to sell and NJT agreed to buy a portion of the Property; and
WHEREAS, Section 3(a)(iv) of the Agreement requires that City, prior to the conveyance
of the Property, legally divide the Property into two legal and marketable parcels consisting of:
(a) a parcel of land improved by the existing Building Department building, parking lot and
related improvements ("Parcel 1'); and (b) a parcel of land improved solely by the existing
Public Works building and related improvements ("Parcel 2"); and
WHEREAS, a legal description of Parcel 1 is attached hereto as Exhibit "A° and a
depiction of Parcel 1 is attached hereto as Exhibit "B", both of which are incorporated herein;
and
WHEREAS, on August 24, 2010, NJT obtained approval for Vesting Tentative Map No.
2010-002 (the "Tentative Map"), pursuant to Arroyo Grande City Councii Resolution No. 4302;
and
WHEREAS, a final map (the "Final Map") legally subdividing the Property has not yet
been filed with City, approved by the Arroyo Grande City Council and recorded; and
WHEREAS, it is anticipated that the Final Map will be fiied with City by NJT which
substantially conforms to the Tentative Map, within the time required by law; and
WHEREAS, in order to comply with the terms of the Agreement, City pursuant to
Government Code Section 66428 (a)(2), will transfer Parcel 1 by this Grant Deed.
WHEREAS, pursuant to Section 4(b) of the Agreement, NJT has the right to structure
the transfer of Parcel 1 as part of a forward or reverse exchange under Section 1031 of the
Intemal Revenue Code of 1986, as amended ("IRC") and to assign the Agreement to a Qualified
Intermediary (as that term is designed in the IRC), and has assigned the Agreement to The
Shops At Short Street, LLC, a California limited liability company.
NOW, THEREFORE, for valuable consideration, receipt of which is hereby
acknowledged, City grants to The Shops At Short Street, LLC, a California limited liability
company, Parcel 1 located in the City of Arcoyo Grande, County of San Luis Obispo and State
of California, as more particularly described in Exhibit "A" attached hereto.
SIGNATURES TO FOLLOW ON NEXT PAGE
Dated as of U� , 2010.
GRANTOR:
City of Arroyo Grande,
a municipal corporation of the State of Califomia
By:
Name: Tony Ferrar
Its: Mayor
State of California
County of SAM��.l,tt SD�iSpo
On �Cfbbtr l5 , 2010 before me, �2� � U(.l�.Q,'�"MOf� , Notary Public, personally
appeared T'ony P.-Q.I'r'0.f` who
proved to me on the basis of satisfactory evidence to be the personl,c� whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/spekbey executed the
same in his/kerr#heir authorized capacities and that his/qeNt+ieir signature(sj on the instrument
the person(s) or the entity upon behalf of which the person(�e) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing
paragraph is true and correct.
WITNESS my ha and o�cial seal.
Signature EAL)
R 11Y
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EXHIBIT A
That portion of Short Street and Lot 16 in Biock 6 of Subdivision of Property belonging to W.N. Short,
T.J. Mason and W. Whiteley, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map filed October 1, 1887 in Book A, Page 48 of Maps, in the office of the
County Recorder of said County, and that portion of Lot 82 of parts of the Ranchos Corral de Piedre,
Pismo and Bolsa de Chemisal, in the Ci1y of Arroyo Grande, County of San Luis Obispo, State of
California, according to map filed November 24, 1886 in Book A, Page 63 of Maps, in the office of
the Counry Recorder of said County, containing 9,334 square feet gross, more or less, and being
more particularly described as follows and graphically depicted on Exhibit B, attached hereto and by
reference made a part hereof:
Beginning at the Northwesterly Corner of said Lot 16, said point also being the Northwesterly Corner
of said Block 6;
thence Southeasterly along the Westerly line of said Lot, South 33°01'09° East, 16.93 feet, said line
also being the Northeasterly Right-of-Way of Short Street as shown on said map;
thence Southwesterly at right angles to the Westerly line of said Lot, South 56°58'51" West, 13.00
feet;
thence Southeasterly and parallel to the Westerly line of said Lot, South 33°01'09" East,
53.55 feet;
thence Northeasterly at right angles to the Westerly line of said Lot, North 56°58'51" East, 13.00 feet;
thence Southeasterly along the Westerly line of said Lot, South 33°01'09" East, 37.50 feet;
thence Nor[h 57°09'32" East, 45.01 feet;
thence North 32°50'27" West, 10.39 feet;
thence North 57°09'35" East, 37.82 feet;
thence North 32°50'27" West, 61.80 feeF •
thence North 57°09'33" East, 10.08 feet;
thence NoRh 32°50'27" West, 29.53 feet to a point on the Southeasterly Right-of-Way of E. Branch
Street as shown on said map;
thence Southwesterly along said Southeasterly Right-of-Way of E. Branch Street, South 61 ° 00'00"
West, 93.46 feet to the Point of Beginning;
Subject to that interest in the Northwesterly 12 feet of said Block 6 thereof, as conveyed to the
County of San Luis Obispo, by deed recorded May B, 1895 in Book 25, Page 497 of deeds.
END OF DESCRIPTION
Prepared by: _ �i+.+.� K.//�i��,�--_--
Date: Seotember 21. 2010
PLS 7868
ow tz/at/to
EXHIBIT B
A PORTION OF SHORT STREET AND LOT 16 IN BLOCK 6
ACCORDING TO MAP FILED IN BOOK A, PAGE 48 OF MAPS
AND A PORTION OF LOT 82 ACCORDING TO
MAP FILED IN BOOK A, PAGE 63 OF MAPS
CITY OF ARROYO GRANDE
COUNTY OF SAN LUIS OBISPO
STATE OF CALIFORNIA
P.0.8. —
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S 61'00'00" W 93.46'
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9.334 SF CROSS 3
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LOT I N57'09'32"E �,�� I
16 45.01' 0
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��—�--� (A MB 6])
COURSE TABLE
1Q 5 33'Ot'09" E 16.93'
� 5 56'S8'S1" W 13.00'
� N 56'S8'S1" E 13.00'
Q4 5 33'01'D9" E 37.50'
� N 32'SO'27" W 10.39'
� N 57'09'33" E 10.08'
Q N 32'S0'27" W Z9.53'
L ND
PROPERTY LINE
— — EXISTING PROPERTY LINE
12'INTEREST CONVEYED TO THE
� COUNTY OF SAN LUIS OBISPO
FOR ROAD PURPOSES PER
BOOK 25, PAGE 497 OF �EEDS
1' _ $p'
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6 I
LOT 15 I
(A MB 48)
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END OF DOCUMENT