HomeMy WebLinkAboutD2208 790 Foothill 052-041-089 - Dedicate Street ROW - CAP IX - Foothill LLC_DECEIVED
APR 17 2023
Recording Requested by
and when recorded, return to:
City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
M
Elaina Cano
San Luis Obispo - County Clerk -Recorder
03/03/2023 04:03 PM
Recorded at the request of
PUBLIC
Titles: 3 Pages: 7
Fees: $0.00
Taxes: 00
Total: MOO
I I I I Vo" FrN'�iP�'{NI�'k�tlV�lllll
IRREVOCABLE & PERPETUAL
OFFER TO DEDICATE STREET RIGHT OF WAY
(790 Foothill Blvd.)
APN: 052-041-089
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CAP IX —
Foothill, LLC a California Invited 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
public street and utilities purposes upon, over, udder and across a portion of certain property described
as 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 snap thereof recorded December 8, 1977 in Book 24 of
Parcel Maps, at Page 49, San Luis Obispo Coitno, Records, as per Notice af'Merger and Certificate of
Subdivision Compliance recorded November 17, 2020 as Instrument No. 2020066953 of Official
Records in the Office of the County Recorder, City of San Luis Obispo, Comity of San Luis Obispo,
State of California. Said irrevocable easement offer is described as follows:
See Exhibit A, attached hereto, for legal description and Exhibit B, attached
hereto, for graphical depiction.
1N WITNESS WHEREOF, OFFEROR hereunto caused its/their narne(s) to be subscribed this
96
day of 'yOk&M6-64- , 2022.
OFFEROR: CAP IX — Foothill, LLC a California limited liability company
By: RELIANT CAP IX, LLC a California limited liability company
Sole Membe4ski
By:
ie Collet, hief Operating Officer
All Signatures must be Notarized! Attach City Acceptance Certificate.
�-- ZZ.0�
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 i.>ali e► ct�o }
On 'L'� before me, L AQA��C�" L4'L1I
(insert name and title of the officer)
personally appeared �l • (° �b l��
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.
*my
LISAMICHELE LITiRELL
Notary Pubiic . Caiifornia
San Francisco County
Commission * 2376231
Comm: Expires Sep 24, 2025
Signatur G� (Seal)
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 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.
TRI Counties Bank, a California corporation
Date: I I- I%-d o22
Beneficiary f ��n M Ct-avf� C�„►��c�al '"J 1,r4 M"V-k
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 Novernber 17, 2022 before me, Connie Jean Roberts, Notary Public
e rw nnrre a o
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.
CONNIE JEAN ROBERTS
e COMM. N 2276898
WITNES7d hd official seal. f NOTARY PUBLIC CALIF RNIA
COUNTY OFComm. Expires FEB. 7, 2023 I�
Notary Publu: Signature (Notary Public Seal)
ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM
DESCRIPTION OF THE ATTACHED DOCUMENT
Irrevocable & Perpetual Offer to Dedicate
(Title or description of attached document)
Street right of way
(Title or description of attached document continued)
Number of Pages Document Date_
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
I e)
❑ Partner(s)
❑ Attomey-in-Fact
❑ Trustee(s)
❑ Other
2015 Version www.NotaryClasses.com 800-873-9865
7ftis form Complies with Current C-'al jornia Statutes regardfng notary wording and,
if- eded. should be comple red and attached to the doe umenr. Acimolwedgents from
oeher states may be complered for documenis being sent to that scale so long a$ the
warding does nor require the Caiffornra notary to v,olare Caftformia notary law,
• State and County informatitm must be the State and County where the document
signers) personally appoarcd before the notary public for acknow!edgmen t.
Date of notarization must be the date that tha signer(s) personally appeared which
mustalso be the same date the acknowledgment is cempieted.
• The notary public must print his or her name as it appears within his or her
commission followed by acorn me and fhenyou r title (notary public)-
* Mat the namc(s) or document signer(s) who personally appear at tho time of
notarization
o Indicate the correct singular or plural forms by crossing oft`' incorrect forms (i.e.
#xesheJtitey- is laaa ) or circling the correct forms. Faiture, to correctly indicate this
information may lead to rejection of document recording-
■ the notary seal impression must be clear and photographically reproducibIc.
Impression must not cover text or lines. If seal impression smudges, re -sear if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature, of the notary public must match the signature on file with the offico of
the county clark,
s- Additional information is not required but could help to ensure this
atknowledgnent is not misused or anached to a different document
0 lndicate title or type of attached document, number of pages and date.
e� Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officar, indicate the tide (i•e. CEO, CFO, Secretary).
0 Securely attach tttis document to the signed document with a staple.
EXHIBIT "A"
Legal Description
for
Foothill Boulevard and North Chorro Street
Right of Way 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 filed December 8, 1977 in Book 24, Page 49 of
Parcel Maps in the office of the County recorder of said County, lying southerly and easterly 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 41.00 feet, measured at right angles, from the centerline of
Foothill Boulevard as shown on Record of Survey filed in Book 117, Page 15 of Record of
Surveys filed in the office of the said County Recorder; thence along said parallel line
N 89055'00" E 249.04 feet, more or less, to the beginning of a tangent 23.00 foot radius curve,
concave northwesterly; thence easterly, northeasterly, northerly, and northwesterly along said
curve through a central angle of 122° 12' 13", an arc length of 49.06 feet, to a point of tangency
with the northeast line of said Lot 1, and southwest right of way line of North Chorro Street,
60.00 feet wide, as shown on said Record of Survey.
Containing: 649 square feet, more or less
LAND
sr No. 8356
OF CAL�FX
Legal Description prepared by
or under the supervision of:
J
Cristi E. Fry, LS 8356
Page 1 of 1
6/ 12/20
EXHIBIT 'B"
RIGHT OF WAY OFFER OF DEDICATION
J. 00'
f S89 55'00 "W
SW CORNER
OF LOT 2 r.
PL ABANDONED
PER MERGER
INST# 2020069583
LOTS >, � 4
24 PM149
RIGHT OF WA Y OFFER OF
DEDICA PON (649 S F. f)
1.00' -
249.04'
141.648"5500W
o SE CORNER] S00 05 007E
OFLOT2
N89 55'00'E
FOOTHILL BLVD
SCALE- 1 " = 50'
N89 55 00 E
�o
C)
O
w
o
�o �o
�o
R=23. 00' N32'17'13 "W
A=122'12'13" 6. 62�
L = 49.06'
113.47'
1
2.00'
a
o
R=20.00'
4=12272'IJ"
0
L=42.66'
CL FOOTHILL BLVD.
AS
SHOWN ON 117 R. S
15
NOTE:
1. BOUNDARY INFORMATION SHOWN
HEREON IS RECORD OR CALCULATED
FROM 24 P. M. 49 AND 117 R. S. 15.
fbAshimmance
ENGINEERING, INC.
711120
CERTIFICATE OF ACCEPTANCE
7Z _-#
THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable &
Perpetual Offer to Dedicate Street Right of Way, 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.
Date
CITY OF SAN LUIS OBISPO
tad • -' �—
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 Dal al k Sloa-S before me, _ _ .1,n_ �.t�►`1no�n�S
Date Name and Title of the Officer
personally appeared,
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 VlkL—C
$lgiiature of Nocary PublIle
40
MEGAN WiLSANK5
Notary Public- Cliifarni,
San Luis Obispo County
Commission Y M2526
e.y Comm. Expires Feb 28, 2024
Place Notary Seal Above
END OF DOCUMENT