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HomeMy WebLinkAboutD-2189 950 Orcutt Road - Irrevocable & Perpetual Offer to Dedicate Pedestrian Access Easement - Connect SLO PartnersRecording Requested by and when recorded, return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 4 41. Poi Tommy Gong San Luis Obispo - County Clerk -Recorder 06/29/2021 04:27 PM Recorded at the request of: PUBLIC Titles: 3 Pages: 9 Fees: $0.00 Taxes: MOO Total: $0.00 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE PEDESTRIAN ACCESS EASEMENT (950 Orcutt Road) APN 053-203-002 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Connect SLO Partners LLC (formerly 950 Orcutt Partners, LLC), A California limited liability company, as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for pedestrian access purposes upon, over, under and across a portion of certain property described as: See Exhibit "A", attached hereto Said irrevocable easement offer is described as follows: See Exhibit "B", attached hereto, for legal description and Exhibit "C", attached hereto, for graphical depiction. IN WITNESS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this day of _ L- �� , 20-. OFFEROR: Connect SLO Partners LLC (formerly 950 Orcutt Partners, LLC) a California limited liability company SEP 13 2021 S!.0 r_.(Tv '", E- .y CONSENT OF BENEFICIARY TO SUBORDINATE Robert L. Henderson and Carolyn J. Henderson, as Trustees of the Henderson Family Trust, is a Beneficiary under that certain Deed of Trust(s) dated January 8, 2018, executed by 950 Orcutt Partners, LLC, a California limited liability company, and recorded January 16, 2018, as Instrument Number 2018-001656 of Official Records in the Office of the County Recorder, County of San Luis Obispo, State of California. The Deed of Trust(s) encumber(s) the real property described in the attached offer. As the Beneficiary of said Deed of Trust(s), the undersigned hereby consents (a) to the execution and recordation of the attached Irrevocable & Perpetual Offer to Dedicate Street Right of Way, (b) to the execution and recordation of an easement to the City of San Luis Obispo, if the offer is accepted by the City, and (c) to subordinate the undersigned's interest in the real property to the Irrevocable & Perpetual Offer to Dedicate Street Right of Way, and the easement. Robert L. Henderson and Carolyn J. Henderson, as Trustees of -Le Henderson Family Trust Date: Print Name and Title: Robert L. Henderson Trustee Date; 7/. Print Name and Title: Carol n J. Henderson Trustee 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 oP San 16tti���� On . !?Z 9before me, -.um—Sa—Wd e to Name andTid,oflheOffl— personally appeared, LJ F41& Y , Name of Sig—(s) who proved to me on the basis of satisfactory) evidence to be the person wh name es r'e subscribed to the within instrument and acknowledged to me tha&heAhey executed the same ii hi, heW#wir authorized capacityfiK,, and that by i�w signatureWon the instrument the personK, or the entity upon behalf of which the person acted, execu a the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r SANDRA J. GRAY T 0 COMM. # 2218355 WITNESS my hand and official seal. 0 -w NOTARY PUBLIC - CALIFORNIA �) SANTA BARBARA COUNTY 0 F COMM. EXPIRES OCT. L5, 2021 Signature Signnlun, of Nomry Public Place Nnlmy Seal Ab-r 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 On, �Al.t Lj ;;�c � _2! 71 , before me, r • L - i�t Yr!3 �7 h 11-40 � L tl l-+Ic I N.—ad Till—Nhe Officer personally appeared, _ i} hcy + L . f4earw-r-SU! ] qF- i�OY&44.J . h t't'll&'( 5Ql7 Name Mgncn(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) js/are subscribed to the within instrument and acknowledged to me that fwA4%Jthey executed the same in hi&4wrltheir authorized capacity(ics), and that by homer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. L",�"v"r���R. L. BRIANWITNESS my hand d❑ icialseal. C4NiM.# 2956303 �. v NOTARY PUBLIC-CALIFORNIA UI SAN Lun 08fspo CQVNiY Signature / /.�+�'" MY COr�tu,%P. JVNE 421 21E14^" S+pnnme nPNMwy Place Notary Scat Ab— Order Number: 4009-5957044 EXHIBIT "A" Page Number: 6 LEGAL DESCRIPTION Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN SECTION 1, TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND BOUNDED AND PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT NO. 26, AS SAID LOT IS LAID DOWN, DELINEATED AND SO DESIGNATED UPON A MAP ENTITLED "MAP OF ORCUTT SUBDIVISION ADJOINING THE CITY OF SAN LUIS OBISPO," AS PER SURVEY MADE BY H. DITTRICH ON JUNE 18, 1894, WHICH MAP IS OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN LUIS OBISPO COUNTY (BEING THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF SAID LOT NO. 26, WITH THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD MAIN LINE RIGHT OF WAY); THENCE FROM SAID POINT OF BEGINNING WESTERLY ALONG THE SOUTHERLY LINE OF LOTS 25 AND 26, SAID ORCUTT SUBDIVISION, A DISTANCE OF 396 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID LOT 25; THENCE NORTHERLY 014T WEST ALONG THE WESTERLY LINE OF SAID LOT 25, A DISTANCE OF 273.90 FEET TO A POINT; THENCE NORTH 43050' EAST A DISTANCE OF 60.06 FEET TO A POINT; THENCE NORTH 36150' EAST A DISTANCE OF 129.36 FEET, MORE OR LESS TO INTERSECTION WITH SAID SOUTHWESTERLY LINE OF SOUTHERN PACIFIC RAILROAD MAIN LINE RIGHT OF WAY; AND THENCE SOUTHEASTERLY ALONG LINE AFORESAID, A DISTANCE OF 501.6 FEET TO POINT OF BEGINNING, AND BEING ALL OF LOTS 25 AND 26 AS LAID DOWN AND DESIGNATED UPON SAID, "MAP OF ORCUTT SUBDIVISION ADJOINING THE CITY OF SAN LUIS OBISPO," AFORESAID, EXCEPTING THAT PORTION OF SAID LOT 25 CONVEYED TO ERNEST VOLLMER BY DEED DATED DECEMBER 17, 1913 AND RECORDED DECEMBER 17, 1913 IN BOOK 100, AT PAGE 57 OF DEEDS, RECORDS OF SAN LUIS OBISPO COUNTY. APN: 053-203-002 First American Title Page 6 of 14 EXHIBIT "B" LEGAL DESCRIPTION PEDESTRIAN ACCESS EASEMENT That real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, being a portion of the property described in the deed recorded January 16, 2018, as Document Number 2018-001655 and also as shown on the map filed in Book 115 of Licensed Surveys at Page 47, both in the Office of the County Recorder of said County more particularly described as follows: AREA 1 Commencing at a nail and tag marked "L.S. 5702" set to mark the intersection of the northerly right-of-way of Orcutt Road with the easterly right-of-way of Duncan Road as shown on said map; thence along said northerly right-of-way of Orcutt Road A. North 89034'33" East, 52.66 feet to the True Point of Beginning of Area 1; thence leaving said right-of-way 1. North 83005'21" West, 14.20 feet; thence 2. North 89040'44" East, 111.22 feet; thence 3. North 88004'43" East, 221.89 feet to the northeasterly line of the property described in said deed; thence along said northeasterly line 4. South 33°32'41" East, 8.85 feet to the northerly right-of-way of Orcutt Road; thence along said northerly right-of-way 5. South 89034'33" West, 323.78 feet to the True Point of Beginning of Area 1. The above described Area 1 property contains 1,196 square feet of land, more or less and is shown graphically on Exhibit "C" attached hereto and incorporated herein. AREA 2 Commencing at a nail and tag marked "L.S. 5702" set to mark the intersection of the northerly right-of-way of Orcutt Road with the easterly right-of-way of Duncan Road as shown on said map; thence along said northerly right-of-way of Orcutt Road A. North 89034'33" East, 52.66 feet; thence leaving said right-of-way B. North 83105'21" West, 39.36 feet to the True Point of Beginning of Area 2; thence continuing Friday, October 04, 2019; 3:18 PM Page 1 of 2 N:\2017\17-255 950 Orcutt Ave - San Luis Obispo\Legal Descriptons\17-255 Pedestrian Access Easement.docx Linda Richardson 1. North 83005'21" West, 0.91 feet; thence 2. along the arc of a tangent curve to the right having a radius of 28.00 feet, through a central angle of 28001'45", for an arc length of 13.70 feet to the easterly right-of-way of Duncan Road; thence along said easterly right-of-way 3. North 00001'44" East, 233.01 feet to the northwesterly line of the property described in said deed; thence along said northwesterly line 4. North 44014'10" East, 14.25 feet; thence leaving said northwesterly line 5. South 00000'56" West, 52.09 feet; thence 6. South 39148'11" West, 7.81 feet; thence 7. South 00001'18" West, 79.50 feet; thence 8. South 89158'42" East, 5.07 feet; thence 9. South 00100'11" East, 104.94 feet; thence 10. South 31047'59" East, 6.63 feet to the True Point of Beginning of Area 2. The above described property contains 2,004 square feet of land, more or less and is shown graphically on Exhibit "C" attached hereto and incorporated herein. 0 Q MICHAEL B. * STANT©N ffl� P, WIN 'Irk 1 Michael" g. Stanton, PLS5702 Friday, October 04, 2019; 3:18 PM Page 2 of 2 N:\2017\17-255 950 Orcutt Ave - San Luis Obispo\Legal Descriptons\17-255 Pedestrian Access Easement.docx Linda Richardson EXHIBIT "Cjj 62 Q E 0. 0 rn < 0 0 N n I N89*58'1 6"W 0.00, 1 0 00' V2 N44 14 N44'14'01"E 14.25' 9 0. SO'O 0'5 6 W 52.09' 60 LS 0 S3'48 9 "11 "W 7.8 1' LO -`6 2321 OR 594 --2 C'4 '0 25 26 S89-58'42"E o LO 04 ""��5.07' Lrri Ln 0 S33147'59"E 6.63' 0 TRUE POINT OF BEGINNING AREA 2 0 �o 0 V) S33'32'41 "E 8.85' N83*05'21 "W 39.36' N89*40'44"E 111.22' N88-04'43"E 221.89' ................................ . S89*34'33"W 323.78' -a \�- TRUE POINT OF. BEGINNING AREA 1 --N83-05'21 "W 14.20' ORCU-TT ROAD 0 N89'34'33"E 52.66' 2 S82*46'53"E 1.61' A=26'36'1 6" 2 ?7 GRAPHIC SCALE R=28.00' L L 60 0 30 60 120 = 13.00' POINT OF COMMENCEMENT 1 inch = 60 feet MICHAEL B. STANTON, PLS 5702 3563 SUELDO ST. UNIT Q 6k711i��i SAN LUIS OBISPO, CA 93401 id, 805-594-1960 October 4, 2019 JOB #17-255 CERTIFICATE OF ACCEPTANCE -r. THIS IS TO CERTIFY that the interest in real property conveyed by IRREVOCABLE & PERPETUAL OFFER TO DEDICATE PEDESTRIAN ACCESS EASEMENT (950 Orcutt Road), dated July 26, 2019, from CONNECT SLO PARTNERS, LLC, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984 Series), recorded June 15, 1984, in Volume 2604, Official Records, Page 878, San Luis Obispo County, California, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. (juv"e 2, Date A7 TEST: Teresa Purrington City Clerk [City seal required] CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 1 County of '^ ��' ``' 0\0 `L Pc� J} On v ht 2� I'ZC�Z\ before me, to �►'.� .i��r�t�aut [gyp. �� Date Here Insert Name and Title of the Office personally appeared V^-0%­" Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. KEVIN R. CHRISTIAN Holary Public - Caf{fpmia a San Luis Odispo County s Commission 4 M12534 My Comm. IxDv s Aug, 22. 2fl23 Place Notary Seal and/or Stamp Above 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 4LSig�nature of Notary Public — OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu Title or Type of Document: at 1^' Lz►� �[ k--4cAlgC+n[i,. Document Date: Z N —Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s):._ ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: END OF DOCUMENT