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HomeMy WebLinkAboutD-2142 Quitclaim of Pedestrian Easement 1144 Higuera Investments LLC2020042357 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk RECEIVED City of San Luis ObiF934401 990 Palm StreetSEP 22 2020 San Luis Obispo, CAO CITY CLERK APN: 002-436-019 Tammy Gang San Luis Obispo — County Clerk —Recorder 08/12/2020 02:46 PM Recorded at the request of: PUBLIC Titles: 1 Pages: 6 Fees: $0.00 Taxes: $0.00 Total: $0.00 IN�N�7�.61'H'�Ip'�ptyf�lllll Space above this line for Recorder's Use The Undersigned Grantor Declares: DOCUMENTARY TRANSFER TAX $0* No Considc�tio�t [Excmpi !Z & T Cade ] 191 l . ❑ Computed on full value of property conveyed, or ❑ Computed on full value of items or encumbrances remaining at time of sale, ❑ Unincorporated area X City of San Luis Obispo QUITCLAIM OF PEDESTRIAN EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged 1144 Higuera Investments, LLC, a California limited liability company ("Grantor"), hereby quitclaims to the City of San Luis Obispo, a municipal corporation and charter city ("Grantee"), an irrevocable perpetual and non-exclusive easement over that portion of the Grantor's real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, which portion is more particularly described in Exhibit A-1 and diagramed on Exhibit A-2 ("Pedestrian Access Easement") for public sidewalk and right of way purposes, such portion quitclaimed a part of Grantor's Property more particularly described as: SEE EXHIBIT B, attached. 1144 Higuera Investments, LLC a California limited liability company By: Nicholas Tompkins A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ZDZD On y , 2419, before me, k�hpk MP }�{�rj $ , Notary Public, personally appeare At Nichoks 7&?% n s -:who proved to me on the basis of satisfactory evidence to be the person(o whose naine( i, w subscribed to the within instrument and acknowledged to me that &Me/tlty executed the same it ht, ho!f/d eir authorized capacity(id's), and that by(i /theiir signature(4 on the instrument the person(A), 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. MICHELE A. TOMPKINS Notary Public - California z x+' San Luis Obispo County _> ' Commission k 2285033 (Notary Seal) "° My Comm. Expires May 5, 2023 CONSENT OF BENEFICIARY TO SUBORDINATE Pacific Western Bank, is a Beneficiary under that certain Deed of Trust(s) dated /0-V-.X1W executed by 1144 Higuera Investments, LLC, Trustor, and recorded as Document Number Q of Official Records in the Office of County of San Luis Obispo -Clerk Recorder's Office. The Deed of Trust(s) encumber(s) the real property described in the attached Quitclaim of Pedestrian Easement. As the Beneficiary of said Deed of Trust(s), the undersigned hereby consents (a) to the execution and recordation of the Quitclaim Easement to which this is attached (b) to the execution and recordation of said Quitclaim Easement, and (c) to subordinate the undersigned's interest in the real property to the Quitclaim Easement. Date:`X'Zt7Zo BEN Y, By. Name:. Its: _ �; \/ P [Signature(s) Must Be Acknowledged] A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss COUNTY OF&jnj i, 4h+sP0 ) On A U q 5 � I , 2(abefore me, Mir-A-trke EI r , Notary Public, personally app ed a V l W 10 ; { e who proved to me on the b is of satisfactory evidence to be the personf�r'f whose nameW is/em subscribed to the within instrument, and acknowledged to me that heJsktadluW executed the same in hisAter*mir authorized capacity0ea), and that by histher/6i6p signature(4 on the instrument the personW or the entity upon behalf of which the person(9) acted, executed the instrument. I declare under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNES and official seal. AlIKENLEE ELLEN BRYAN Hnlary PL b"" - Cal'I'. San Luis Obfspa County � Cammtssi- k 2Z629,6 o ry LL Ry {emm. E%Plies Ocs ". 2Q22 EXHIBIT A-1 LEGAL DESCRIPTION PEDESTRIAN EASEMENT That real property in the City of San Luis Obispo, County of San Luis Obispo, State of California being a portion of Block 30 according to the official map of said City filed for record in Book A of Maps at Page 46 in the Office of the County Recorder of said County also being a portion of Parcel 1 of SLAL 16-0244 as recorded October 31, 2017, as Instrument Number 2017-050014 in the Office of the County Recorder of said County more particularly described as follows: Commencing at the most westerly corner of the property described in the deed to the City of San Luis Obispo recorded January 29, 1970, in Book 1551 of Official Records at Page 542, (1551-OR-542) records of said County; thence along the northwesterly line of the property so described North 5400422" East, 10.00 feet to a nail and tag "L.S. 5702" as shown on the map filed in Book 107 of Licensed Surveys at Page 15 (107-LS- 15) in said Recorder's Office and the True Point of Beginning; thence continuing along the northwesterly line of said Parcel 1 1. North 54,00422" East, 5.70 feet; thence leaving said northwesterly line 2. South 81151.'39" West, 8.03 feet to a point on the northeasterly line of the property described in said deed 1551-OR-542 which is 5.70 feet from the True Point of Beginning; thence along said northeasterly line 3. North 36021'02" West, 5.70 feet to the True Point of Beginning. The above described property contains 16 square feet of land, more or less and is shown graphically on Exhibit "B" attached hereto and Incorporated herein. M Michael B. Stanton, PLS5702 Date Friday, June 22, 2018; 10:04 AM Page 1 of 1 NA2013\13-100 Shell Station ALTA Monterey & Santa Rosa\Legal Descriptons\13-100 Pedestrian Easement-2.docx Randy Ellison, LS7065 EXHIBIT A-2 34' m 3 u 0 Lo W N N CI 0 4 Lo z 1 w W ��F— V, W Ir W F— z 34' N54'04'21 "E 5.70' T.P.O.B.J 51'39"W 8.03' S36'21'02"E 90.00' I "-N36.21'02"W 5.70' P.O.C. H�Wet W J M UZO� QV)LO I z 0 Lo O U - U O W 2 H SANTA ROSA STREET N36'21'02"W 290.91' 9 O M 0 M i LEA 0 NAIL & TAG "LS 5702" PER 107/LS/15 P.O.C. POINT OF COMMENCEMENT GRAPHIC SCALE T.P.0.B. TRUE POINT OF BEGINNING 10 0 5 10 20 l = feet p MICHAEL B. STANTON, PLS 5702 inch p 3563 SUELDO ST. UNIT 0 SAN LUIS OBISPO, CA 93401 805-594-1960 June 22, 2018 JOB #13-100 EXHIBIT B LEGAL DESCRIPTION For APN: 002-436-018 The land referred to in this Commitment is situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT NO. SLO AL 16-0244, AS EVIDENCED BY DOCUMENT RECORDED OCTOBER 31, 2017 AS INSTRUMENT NO. 2017050014 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT REAL PROPERTY IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA BEING A PORTION OF BLOCK 30 ACCORDING TO THE OFFICIAL MAP OF SAID cm FILED FOR RECORD IN BOOK A OF MAPS AT PAGE 46 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ALSO BEING A PORTION OF THE PROPERTY SURVEYED AND SHOWN ON THE MAP FILED IN BOOK 107 OF LICENSED SURVEYS AT PAGE 15 (107-LS-15) IN SAID RECORDER'S OFFICE TOGETHER WITH A PORTION OF THAT REAL PROPERTY DESCRIBED IN THE DEED FROM MICHAEL L. BLUM AND KAREN BLUM, TRUSTEES OF THE BLUM LIVING TRUST DATED AUGUST 28, 1992, TO 1144 HIGUERA INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY RECORDED DECEMBER 18, 2015, AS DOCUMENT NUMBER 2015- 063452 IN SAID RECORDER'S OFFICE AND ALSO SHOWN ON THE MAP FILED IN BOOK 3 OF LICENSED SURVEYS AT PA E 63 IN SAID RECORDER'S OFFICE MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF THE PROPERTY DESCRIBED IN THE DEED TO THE CITY OF SAN LUIS OBISPO RECORDED JANUARY 29, 1970, IN BOOK 1551 OF OFFICIAL RECORDS AT PAGE 542, RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHWESTERLY LINE OF THE PROPERTY SO DESCRIBED NORTH 54004'22" EAST, 10.00 FEET TO A NAIL AND TAG "L.S. 5702" PER SAID LICENSED SURVEY 107-LS-15 AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHEASTERLY LINE OF THE PROPERTY SO DESCRIBED 1. SOUTH 36021'02" EAST, 90.00 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE 2. NORTH 54004'22" EAST, 126.03 FEET TO A LINE PARALLEL WITH AND 10.00 FEET SOUTHWESTERLY OF AND MEASURED PERPENDICULAR TO THE NORTHEASTERLY LINE OF THE PROPERTY DESCRIBED IN THE DEED FROM ROBERT C. HOYT AND ELLA M. HOYT TO W. T. REID RECORDED SEPTEMBER 1, 1923, IN BOOK 162 OF DEEDS AT PAGE 407 (162- DDS-407); THENCE ALONG SAID PARALLEL LINE 3. SOUTH 36020'00" EAST, 21.48 FEET TO THE SOUTHWESTERLY PROJECTION OF A LINE PARALLEL WITH AND 10.00 FEET SOUTHEASTERLY OF AND MEASURED PERPENDICULAR TO THE NORTHWESTERLY LINE OF THE PROPERTY DESCRIBED IN THE DEED FROM MICHAEL L. BLUM AND KAREN BLUM, TRUSTEES OF THE BLUM LIVING TRUST DATED AUGUST 28, 1992, TO 1144 HIGUERA INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY RECORDED DECEMBER 18, 2015, AS DOCUMENT NUMBER 2015-063452 IN SAID RECORDER'S OFFICE; THENCE ALONG THE PROJECTION OF LAST SAID PARALLEL LINE 4. NORTH 54003'31" EAST, 10.00 FEET TO THE SAID NORTHEASTERLY LINE OF THE PROPERTY DESCRIBED IN SAID DEED 162-DDS-407; THENCE CONTINUING ALONG LAST SAID PARALLEL LINE 5. NORTH 54003'31" EAST, 59.59 FEET; THENCE LEAVING SAID PARALLEL LINE 6. SOUTH 36021'02" EAST, 111.13 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF HIGUERA STREET BEING 65.00 FEET WIDE; THENCE ALONG SAID RIGHT-OF-WAY 7. NORTH 53037'58" EAST, 76.00 FEET TO THE NORTHEASTERLY LINE OF SAID DOCUMENT NUMBER 2015-063452; THENCE ALONG SAID NORTHEASTERLY LINE 8. NORTH 36021'02" WEST, 120.57 FEET TO THE MOST NORTHERLY CORNER OF SAID DOCUMENT NUMBER 2015-063452; THENCE ALONG THE NORTHWESTERLY LINE OF SAID DOCUMENT NUMBER 2015-063452 9. SOUTH 54003'31" WEST, 135.59 FEET TO THE NORTHEASTERLY LINE OF SAID DEED 162- DDS-407; THENCE ALONG SAID NORTHEASTERLY LINE. 10. NORTH 36020'00" WEST, 101.48 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY OF MONTEREY STREET BEING 68.00 FEET WIDE; THENCE ALONG SAID RIGHT-OF-WAY 11. SOUTH 54004'22" WEST, 136.06 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM ANY OIL GAS AND OTHER MINERALS AS RESERVED IN DEED RECORDED DULY 15, 1998 AS DOCUMENT NO. 1998-043638 OF OFFICIAL RECORDS. END OF DOCUMENT