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Home My WebLink AboutD2207 790 Foothill 052-041-089 - Public Utility Easement - CAP IX-Foothill LLCRecording Requested by and when recorded, return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 2023005988 RECEIVED Elaina Cana APR 7 2023 San Luis Obispo — County Clerk —Recorder 03/03/2023 04:03 PM Recorded at the request of: PUBLIC SL.O CITY CLERK Titles: 3 Pages: 7 Fees: $0.00 Taxes: 0.00 Total: 0.00 ,III %� FTO`Vl OFFER TO DEDICATE PUBLIC UTILITY EASEMENT (790 Foothill Blvd.) APN: 052-041-089 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAP IX — Foothill, LLC a California limited liability company, hereinafter referred to as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for public utility purposes, for public use and the benefit of the public utility companies, upon, over, under and across a portion of Lots 1, 2, and 4 of Parcel Map SLO-76-176, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map thereof recorded December 8, 1977 in Book 24 of Parcel Maps, at Page 49, San Luis Obispo County Records, as per Notice of Merger and Certificate of Subdivision Compliance recorded November 17, 2020 as Instrument No. 2020066953 of Official Records in the office of the County Recorder of said County of San Luis Obispo, described as follows: See Exhibit A, attached hereto, for legal description and Exhibit B, attached hereto, for graphical depiction. IN WITNESS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this $ day of Ok¢,w�`oe.iL, , 2022. OFFEROR: CAP IX — Foothill, LLC a California limited liability company By: RELL4NT CAP IX, LLC a California limited liability company Sole Member mang By: 11 +Jva"ollet, :'hierOperating Officer All Signatures must be Notarized! Attach City Acceptance Certificate. ACKNOWLEDGMENT 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 So„�'�.c.►.,C,� Sc�o ) On lejJ-491✓11111-&/g, & Z before me, - u *tu I ta (insert name and title of the o icer) personally appeared � • Gk f v LU-A— 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. 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. LISA MICHELE LI 1 BELL I Notary Public - California r _ San Francisco County f Commission * 2376231 Signature (Seal) Comm; Expires Sep 24, 2025 y CONSENT OF BENEFICIARY TO SUBORDINATE TRI Counties Bank, a California corporation is a Beneficiary under that certain Deed of Trust(s) dated November 25, 2020, executed by CAP IX — Foothill, LLC, a California limited liability company, Trustor, and recorded November 25, 2020 as Instrument Number 2020069583 of Official Records in the Office of the County Recorder, County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached offer. As the Beneficiary of said Deed of Trust, the undersigned hereby consents (a) to the execution and recordation of the attached Offer to Dedicate for a Public Utility Easement, (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 Offer to Dedicate for a Public Utility Easement TRI Counties Bank, a California corporation Date: BeneficiarySkp*r, M. C•��:u, (OoWe►c�a/ LeldV j2 NJa�x Y� Date: Beneficiary [Signatures of Beneficiaries must be notarized.] ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT 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 Placer On November 17, 2022 before me, Connie Jean Roberts, Notary Public ra nee name on o 0 0 cei personally appeared Stephen M. Cairns 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 21 CONNIE JEAN ROBERTS i' WITNESS ha ' nd official seal. =' " COMM. 2276898 NOTARY PUBLIC CALIFORNIA COUNTY OF PLACER iiiaaa Comm. Expires FEB. 7, 2023 Notary Public Signature (Notary Public Seal) Rr ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR CONPLETINO TITIS FORM (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Data_ CAPACITY CLAIMED BY THE SIGNER ❑ Individual (a) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact ❑ Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-8865 This form complies with currenr Ca1(fo)nfa srannes regarding notary wording and, tf needed, thould be completed and attached to the document, Aclmalwedgents from 0therstares may be completed far documents being sent to rhar orate to long as the wording does net require the C ollfornia nasty to violate California norory law. 4 State and County information must be the State and County where the document signcr{s) Person al€y aPpeared befoit the notary public for acknowledgment. • Date of notarization must be the date that tha signors) personatly appeared which Must also be the same date the acknowledgment is completed. ■ The notary public must print his or her nume as it appears within his or her commission followed by a comma and then your title (notary public). o Print the name($) of document signers) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect farms (i.e. Wshc10My- is /are ) or circling the correct forms. Failure to Corlett]y indicate this information may lead to rejection of document recording. e 711c notary seal impression must be clear and photographically mproduciblo. Impression must not cover text or sines. If seal impression smudges, re -seal if a sufficient area pcmtits, otherwise complete a different acknowledgment form. e Signature of the notary public must match the signature on lilt with the office ar the county clerk. t Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a differeht document. A Indicate titie or type of attached document, number of pages and date. ,e Indicate the capacity claimed by the signer. If tho claimed capacity is a Wrporalc officer, indicate the title (Le. CEO, CFO, Secretary). e Securely attach this document to the signed document with a staple. EXHIBIT "A" Legal Description for Public Utility Easement Offer of Dedication Those portions of Lots 1 and 2 of Parcel Map SLO-76-176, City of San Luis Obispo, County of San Luis Obispo, State of California, per map fled December 8, 1977 in Book 24, Page 49 of Parcel Maps in the office of the County recorder of said County, lying southerly of the following described line: Beginning at a point in the west line of said Lot 2 at the intersection of said west line with a parallel line, distant northerly 43.50 feet, measured at right angles, from the centerline of Foothill Boulevard as shown on Record of Survey in Book 117, Page 15 of Record of Surveys filed in the office of said County Recorder; thence along said parallel line N 89°55'00" E 34.50 feet; thence N 00005'00" W 6.00 feet; thence N 89055'00" E 10.00 feet; thence S 00005'00" E 6.00 feet; thence N 89°55'00" E 214.96 feet, more or less, to a point on a 23.00 foot radius curve, concave northwesterly in the southwest right of way line of North Chorro Street as described in the Foothill Boulevard and North Chorro Street Right of Way Offer of Dedication document recorded as Document 2022- of Official Records in the office of said County Recorder. Containing: 700 square feet, more or less LAND Ak'A��"c No. 8356 ,V or CALF Legal Description prepared by or under the supervision of: 4? 9/24/22 Cristi E. Fry, LS 8356 Page 1 of 1 O a EXHIBI T "B " P. U. E. OFFER OF DEDICA TION L''TS 1, 2, & 4 24 PM 49 (MERGRZD PER JJVSr# 2020-055953) OF BEGINNING N89'55'00"E N 00'05'00" W 6.00' 34.50' 10.0 S 00'05'00" E 6.00' )'55'00"E N 89155!00E 114.9—C N 89'55'00" E w cp 0 E 0 z SCALE 1" = 4 FOOTHILL BL VD. N 89'55'00" E Q k.. QW 0 0 R/W LINES PER DOC#_—___— CL FOOTHILL BLVD. AS SHOWN ON 117 R.S. 15 NOTE: BOUNDARY INFORMATION SHOWN HEREON IS RECORD OR CALCULATED FROM 24 P.M. 49 & 117 R.S. 15 C FRY ENGINEERING & SURVEYING P.O. BOX 444 CAYUCOS, CA 93430 9/24/22 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Offer to Dedicate Public Utility Easement, dated November 8"', 2022, from CAP IX — Foothill, LLC a California limited liability company 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. CITY OF SAN LUIS OBISPO Mayor Erica A. Stewart 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 ba 81 90 before me,XTNP-r. a6d \\Oct`� Date Name and Title of the Officer personally appeared,r.c� Name of Signers) 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. 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 Signature of Notary Publ MEGAN WILBANKS Notary Public • California San Luls Obispo County Commission p 2322526 'y Comm. Expires Feb 28. 2024 Place Notary Seal Above ENE) OF DOCUMENT