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Home My WebLink AboutD2209 790 Foothill 052-041-089 - Public Pedestrian Easement CAP IX - Foothill LLCRecording requested by and when recorded, return to: City of San Luis Obispo City Clerk 990 Palm Street San Luis Obispo, CA 93401 2023005990 RECEIVED E 1 a i na Cano j San Luis Obispo - County Clerk -Recorder j 03/03/2023 04:03 PM APR 17 2023 Recorded at the request of: PUBLIC SLO CITY 014�4tK Titles: 3 Pages: 7 Fees: $0.00 Taxes: 0.00 Total: 0.00 1111 9 IRREVOCABLE & PERPETUAL OFFER OF DEDICATION Public Pedestrian 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, as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for public pedestrian purposes upon, over, under 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 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 _ _ 1 vd ulp tgti�oe , 20 ZZ. OFFEROR: CAP IX — Foothill, LLC a California limited liability company By: RELIANT CAP IX, LLC a California limited liability company Sole Member By: _ J. skie Colle , Chief Operating 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 validi of that document. State of Califor 'a County of cly-% On ,2A7,Z• before me, Usa�c�►.��L•�Ll, iZ��r�--��I'l'� �. (insert name and title of the officer) personally appeared _ -:57 3r ��(��-Q. Cjz)' LA-�r 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 LITTRELL ` r Notary Public . California San Francisco County _ Commission # 2376231 �� '� •° " My Comm. Expires Sep 62 2025 Signature G eal) 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 of Dedication for Public Pedestrian 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 Irrevocable & Perpetual Offer of Dedication for Public Pedestrian Easement. TRI Counties Bank, a California corporation Date: Date: Beneficiaryj#,J, A?, Gi g (onl °�la� Len��nry Rc��- 1 Mara�uZ 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 %— !4 0 nuxne • P ur 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. - ---------A---- -- --4 1 . b ' CONNIE JEAN ROBERTS { COMM. At 2276898 WITNE7;7nd official seal. r NOTARY PUBLIC CALIFORNIA r COUNTY OF PLACER 99!! Comm. Expires FEB. 7, 2023 wood Notary Public Signature (Notary Public Seal) 4+� - s ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COWLE'JTNG THIS DORM DESCRIPTION OF THE ATTACHED DOCUMENT Irrevocable & Perpetual Offer of Dedication (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attomey-in-Fact p Trustee(s) ❑ Other 2015 Version www.NotaryClasses.com 800-873-8865 This form complies with current Calefornla ,slarurra regarding notary wording Ond. ffareded should be completed and attached to the dacrunent. Acknolwedgenis from odrer states may be completed for docremenrs being sent ro that sole so long as the wording does not require the California notary to violate Calpfornia notary law, • State and County information must be the State and County where the document signers) pergonaIly appeared before the notary public for acknowledgment. • Date of notarization must be the date that tho signo(s) personally appeared which must also be the same date the- acknowledgment is completed, • The notary public must print his or her name as it appears within his of her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the lime of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.o, Wsheltlter—; is I&M ) or circling the correct forms. Failure to cover 11 y indicate this information may lead to rejection of document recording. • 'Iltt notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. IF seal impression smudges, re -seal if a sufcient area permits, otherwise complete a different acknowledgment faun, • Signatuie of the notary public must matcli the signature on file with the office of the county clork. �• Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document_ Indicate title or type of attached document, number of {ages and date. s� Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e, CEO, CFO, Secretary). • Securely attachthis document to the signed document will, a staple. EXHIBIT "A " LEGAL DESCRIPTION FOR PEDESTRIAN EASEMENT AREAS Pedestrian Easement Area 1: That portion of Lot 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, more particularly described as follows: Beginning at a point on 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 89°55'00" E 97.89 feet; thence N 64°22'21" W 13.99 feet; thence S 77°26'33" W 4.94 feet; thence S 89°55'00" W 80.45 feet to a point on said west line of said Lot 2; thence S 0°00'50" W 5.00 feet more or less, to the point of beginning. Containing: 467 square feet, more or less. Pedestrian Easement Area 2: Those portions of Lots 1 and 2 of Parcel Map SLO 76-176, in the City of San Luis Obispo, County of San Luis Obispo, State of California, per map recorded December 8, 1977 in Book 24, Page 49 of Parcel Maps filed in the office of the County Recorder of said County, more particularly described as follows: Beginning at a point on 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 89°55'00" E 115.10 feet to the TRUE POINT OF BEGINNING; thence continuing along said parallel line N 89055'00" E 52.11 feet; thence N 4695'00" W 4.33 feet; thence S 89°55'00" W 2.28 feet; thence N 0°05'00" W 3.00 feet; thence S 89°55'00" W 26.00 feet; thence S 0005'00" E 3.00 feet; thence S 89°55'00" W 17.58 feet; thence S 46°05'00" W 4.33 feet more or less, to the TRUE POINT OF BEGINNING. Containing: 225 square feet, more or less. LAND 0 J � �kN0. 8356 ♦P Or CAL�F� Legal Description prepared by or under the supervision of: 7/1 /20 Cristi E. Fry, LS 8356 (date) 0 0 0; EXHIBIT 'B" PUBLIC PEDESTRIAN EASEMENTS PL ABANDONED PER MERGER INST# 20200695& r PUBLIC PEDESTRIAN EASEMENT LOTS 1, 2 & 4 AREA 1 (467 SF--,4) 24 PM 491 S00 05'00'E J. 00' m S89 55 00 "W 17.58S89 55'00 "W 26.00' p S46 05 ' 00"W 4.33' PUBLIC PEDESTRIAN EASEMENT AREA 2 (225 S. F. f) 4 N64 22 21 "W 13. 99' N00 05 00'"W 3.00" 57726 33"W 4.94' S89 55'00 "W 2.28' Sag 55 Q0_W 8a 45 - V17 N46.15 00 "W 4. 33' 97.89 52.11 S00 00 50 "W 5. 00' N89 55'06 'E POINT OF BEGINNING o AREA 1 & AREA 2 0 TRUE POINT OF BEGINNING AREA 2- SCALE- 1' = 40' R%W LINE PER p DOC #------- CL FOOTHILL BLVD. AS N89 55'00'E _ SHOWN ON 117 R. S 15 o� ¢w Ow �w of m:U) NOTE: 1. BOUNDARY INFORMATION SHOWN HEREON IS RECORD OR CALCULATED FROM 24 P.M. 49 AND 117 R. S. 15. FOOTHILL BLVD fbAshlev.Vance ENGINEERING, INC. 711120 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable & Perpetual Offer of Dedication (Public Pedestrian 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. a.3 Date 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 oat ai 1 aoa3 before me, Mgr4o,�� S _ Date Name and TiOe 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. C Signature Signature of Notary Public +aEGWN w11.8.1KS 11o[afy Public - CaStfornla SanOfilspo County_ Commission 12322526 µy Comm, Expires TO 29, 2624 Place Notary Seal Above END OF DOCUMENT