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HomeMy WebLinkAboutD-2016-AD Irrevocable & Perpetual Offer of Dedication - Public Pedestrian - APN 002-416-031, -035, -038Recording requested by, and when recorded, return to: City of San Luis Obispo City Clerk 990 Palm Street San Luis Obispo, CA 93401 Tommy Gong San Luis Obispo - County Clerk -Recorder 12/07/2016 12:00 PM Recorded at the request of: PUBLIC Titles: 1 Pages: 11 Fees: $0.00 Taxes: g0,00 Total: $0.00 1111 I0' ' I A IN WAQ0,111 II IRREVOCABLE & PERPETUAL OFFER OF DEDICATION (Public Pedestrian) (861 through 863 Palm Street, 877 Palm Street, and 955 Morro Street) APN 002-416-031, -035, -038 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hotel SLO, LLC, a California limited liability company, and Sutter Tustin SLO, LLC, a California limited liability company, hereinafter collectively referred to as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, two irrevocable easements for public pedestrian purposes upon, over, under and across a portion of certain property described as Block 14 of the Map of the Town of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record May 1, 1878, in Book A, Page 168 of Maps in the Office of the County Recorder of said County, and Lots 1, 2, 3, 4 and 10 of the Map of the Subdivision of Part of Blocks 14 and 18, in said City, County and State, according to map filed in Book 1 Page 43 of Records of Survey in the Office of the County Recorder of said County, described as follows: See Exhibit A, attached hereto, for legal descriptions and Exhibit B, attached hereto, for graphical depictions. ZOt 6 -AD IN WITNESS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this lot' day of OFFEROR: _ 2016. Hotel SLO, LLC, a California limited liability company By: Metrovation, LLC, its co-manage /ram By: Mark Seiler, Manager By: Piazza Hotel Management, LLC, its co -manager In Paolo Patrone, Manager Sutter Tustin SLO, LLC, a California limited liability company By: Sutter Tustin, LLC, a California limited liability company, its Manager M Louis Lipset, Manager (Attach Notary Certificates) (Attach Beneficiary Subordination) AND SUBORDINATION OF TRUST DEED BENEFICIARY The undersigned b neficiary under that certain Deed of Trpst and assignment of rents recorded on January 2016, as Document No. 2016-0 179 in the Official Records of the County of San Luis 'spo hereby consents to th xecution and recordation of the attached "Irrevocable & etual Offer of De cation (Public Pedestrian)" (The "Agreement"). As the Beneficia f said Deed of T st, Beneficiary hereby consents to the execution and recordation of the Aal ement. Dated: TRUST DEED BENEFICIARY Delphi CRE Funding, LLC, a Delaware Limited Liability F 7 By. Name: Its: 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} On (Q,c..ilokN to) .1101 before me, t I H A MG G CO NO C.a N 0 , NO TN PU B L ! �, Date Name and Tfile 6F the Officer personally appeared, MARK STIL K Name of rgner s who proved to me on the basis of satisfactory evidence to be the person(:?;) whose name(V) islap6 subscribed to the within instrument and acknowledged to me that helsl eltho executed the same in hislharlth6ir authorized capacity(ieo, and that by hislhorlthOir signatures), on the instrument the person(O, or the entity upon behalf of which the person(sfi 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. Lo LINA ONG CONOCONO Commission # 2024721 WITNESS my hand and official seal. Notary Public - California i Alameda County �� My Comm. IN0.0 Tres Jun 12, 2017 Signature SignatuM of Notary Public Place Notary Seal Above [;U-rr�.► r1z-�u.�u>> ii CM ;,a,, Jung IN WITNESS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this U day of Q Q b b Q Y . 2016. OFFEROR: Hotel SLO, LLC, a California limited liability company By: Metrovation, LLC, its co -manager al Seiler, Manager By: Piazza Votel N janagement, LLC, its co -manager A Paolo'Patrone, Manager Sutter Tustin SLO, LLC, a California limited liability company By: Sutter Tustin, LLC, a California limited liability company, its Manager M Louis Lipset, Manager (Attach Notary Certificates) (Attach Beneficiary Subordination) AND SUBORDINATION OF TRUST The undersigned -beneficiary under that certain Deed of Trua assignment of rents recorded on January Q16, as Document No.200166-0000-31t In the Official Records of the County of San Luis Obl hereby consentstion and recordation of the attached "Irrevocable & I rpe i Offer of Public Pedestrian)" (The "Agreement"). As the Beneficiary of sa eed of iary hereby consents to the execution and recordation of the Agreemen . Dated TRUST DEED BENEFICIARY Delphi CRE Funding, LLC, a DqJaware Limited Liability Company M Name: Its: 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 } On�6qVb, before me, Date Qame and I itle 01 s icer personally appeared, ame o �gner�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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. L I S A A. '„Af.F rll i-i i WITNESS my ha and official seal. Commission # 2131253Notary Public _ California Marin County y Comm. Expires Oct 28, 2p1 g N Signa Signature o otary Pup is Place Notary Seal Above IN WITNESS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this 16 fh day of 0 C t0 D e %' , 2016. OFFEROR: Hotel SLO, LLC, a California limited liability company By: Metrovation, LLC, its co -manager An Mark Seiler, Manager By: Piazza Hotel Management, LLC, its co -manager in Paolo Patrone, Manager Sutter Tustin SLO, LLC, a California limited liability company By: Sutter Tustin, , a C.aliforryWlimited liability company, its Manager By: Louis Lipset, Manager (Attach Notary Certificates) (Attach Beneficiary Subordination) CALIFORNIA ALL-PURPOSE 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 County of On 0C%V 1� _wk before me, Date - (� *, Ner Insert Naive and Title of the Officer personally appeared " `"� Ti 11 n � lip �� Name(s) of Signer(s) i who proved to me on the basis of satisfactory evidence to be the person(s) whose naf(a) 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. :Sanyrrancisco IFTON TAM sion # 21t33fii ublic -California County Ires 29 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true antg-nature WITNESS official seal. Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document i Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Th n 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: Signer's Name: . ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©2014 National Notary Association • www.NationaiNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" PUBLIC PEDESTRIAN EASEMENT LEGAL DESCRIPTION THAT PORTION OF BLOCK 14 OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MAY 01, 1878 IN BOOK A, PAGE 168 OF MAPS, AND THAT PORTION OF LOTS 1, 2, 3, 4 AND 10 PER MAP OF THE SUBDIVISION OF PART OF BLOCKS NO.14 AND 18, RECORDED IN BOOK 1, PAGE 43 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY CORNER OF SAID BLOCK; THENCE ALONG THE NORTHWESTERLY LINE OF SAID BLOCK ALSO BEING THE SOUTHEASTERLY RIGHT OF WAY OF PALM STREET, NORTH 55° 42'07" EAST, A DISTANCE OF 131.35 FEET, TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE MOST WESTERLY CORNER OF PARCEL ONE CONVEYED TO HOTEL SLO, LLC AND SUTTER TUSTIN SLO, LLC BY DEED DATED JANUARY 20, 2016 AND RECORDED JANUARY 25, 2016 AS INSTRUMENT NUMBER 2016- 003175 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE LEAVING SAID NORTHERLY LINE SOUTH 34°19'42" EAST, A DISTANCE OF 2.16 FEET; THENCE NORTH 55°42'08" EAST, A DISTANCE OF 21.96 FEET, TO THE CORNER OF A DESIGNED BUT AS YET UNCONSTRUCTED BUILDING; THENCE ALONG THE FACE OF SAID BUILDING THROUGH THE FOLLOWING SEVENTEEN COURSES, NORTH 55`42'48" EAST, A DISTANCE OF 9.66 FEET; THENCE SOUTH 34°19'07" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55-42'42" EAST, A DISTANCE OF 12.42 FEET; THENCE NORTH 34°17'13" WEST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'47" EAST, A DISTANCE OF 3.30 FEET; THENCE SOUTH 34'19'07" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55'42'48" EAST, A DISTANCE OF 12.42 FEET; THENCE NORTH 34°17'07" WEST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'46" EAST, A DISTANCE OF 3.30 FEET; THENCE SOUTH 34°17'12" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'54" EAST, A DISTANCE OF 12.42 FEET; THENCE NORTH 34°20'14" WEST, A DISTANCE OF 0.10 FEET; THENCE NORTH 5S°42'48" EAST, A DISTANCE OF 3.29 FEET; THENCE SOUTH 34°17'12" EAST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'48" EAST, A DISTANCE OF 12.42 FEET; THENCE NORTH 34°15'57" WEST, A DISTANCE OF 0.10 FEET; THENCE NORTH 55°42'19" EAST, A DISTANCE OF 3.30 FEET, TO THE CORNER OF A DESIGNED BUT AS YET UNCONSTRUCTED BUILDING; THENCE LEAVING SAID FACE OF BUILDING, NORTH 55°24'13" EAST, A DISTANCE OF 111.67 FEET, TO THE CORNER OF A DESIGNED BUT AS YET UNCONSTRUCTED BUILDING; THENCE ALONG THE FACE OF SAID BUILDING THROUGH THE FOLLOWING TWELVE COURSES, NORTH 55°42'49" EAST, A DISTANCE OF 21.71 FEET; THENCE SOUTH 34°17'02" EAST, A DISTANCE OF 0.62 FEET; THENCE NORTH 55°42'49" EAST, A DISTANCE OF 25.00 FEET; THENCE SOUTH 34"16'33" EAST, A DISTANCE OF 41.88 FEET; THENCE NORTH 55°43'32" EAST, A DISTANCE OF 0.63 FEET; THENCE SOUTH 34°17'12" EAST, A DISTANCE OF 0.87 FEET, THENCE NORTH 55°42'48" EAST, A DISTANCE OF 1.00 FEET; THENCE SOUTH 34°17'12" EAST, A DISTANCE OF 45.93 FEET; THENCE SOUTH 55°42'48" WEST, A DISTANCE OF 1.00 FEET; THENCE SOUTH 34°17'12" EAST, A DISTANCE OF 74.20 FEET; THENCE NORTH 55°42'47" EAST, A DISTANCE OF 1.00 FEET; THENCE SOUTH 34`17'12" EAST, A DISTANCE OF 17.00 FEET, TO THE CORNER OF DESIGNED BUT AS YET UNCONSTRUCTED BUILDING; THENCE LEAVING SAID FACE OF BUILDING, NORTH 55°43'57" EAST, A DISTANCE OF 2.63 FEET, TO THE SOUTHWESTERLY RIGHT OF WAY OF MORRO STREET; THENCE ALONG SAID RIGHT OF WAY, NORTH 34°16'03" WEST, A DISTANCE OF 182.10 FEET, TO THE INTERSECTION OF THE SOUTHWESTERLY RIGHT OF WAY OF MORRO STREET AND THE SOUTHEASTERLY RIGHT OF WAY OF PALM STREET; THENCE ALONG THE SOUTHEASTERLY RIGHT OF WAY OF PALM STREET, SOUTH 55°42'07" WEST, A DISTANCE OF 257.16 FEET, TO THE TRUE POINT OF BEGINNING. THIS LEGAL DESCRIPTION IS INTENDED TO DESCRIBE THE AREA BETWEEN THE FACE OF A DESIGNED BUT AS YET UNCONSTRUCTED BUILDING AND THE SOUTHEASTERLY RIGHT OF WAY OF PALM STREET AND THE SOUTHWESTERLY RIGHT OF WAY OF MORRO STREET. THE ABOVE -DESCRIBED PROPERTY IS GRAPHICALLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. 10/6/16 Page 1 of 1 PUBLIC PEDESTRIAN EASEMENT LEGAL DESCRIPTION POINT OF COMMENCEMENT N55042'07"E 131.35' TRUE POINT OF BEGINNING ,,--S34°19'42"E 2.16' N55042'08"E 21.96'-f � N55°42'48"E 9.66' S34°19'07"E 0.10'- N55°42'42"E 12.42' PALM STREET -S34°17'12"E 0.10' N55°42'48"E 12.42' •N34°15'57"W 0.10' -N55042'19"E 3.30' S55°42'07"W 257.16' rsaarl a.-M. N55°24'1WE 111.67' L�N55°42'WE 3.29' N34°2014"W 0.10' N5504249"E 21.71' N55°42-54"E 12.42' S34°17'12"E 0.10' S34°17'02"E 0,62 4 N55°Z'46"E 3 30' N55042'49"E 25 N34°17'07'W 0.10' N55°42'48"E 12.42' `S34019'07"E 0.10' -N55042'47"E 3.30' N34°17'13'W 0.10' 1 ram/ IP / `' - ' ( ABOVE/ GRA0DE ENGINEERING 1304 BmW Shwa, San Luis CA 93401 phom:1006) 54Q.d115 • fmc()5405116 Aamenbc qwr- YaVmommu CERTIFICATE OF COMPLIANCE DOC #: 2016-043140 NE OF :lE BUILDINGS °' S341633"E 41.88- N55043'32"E 0.63'- S34017'12"E 0.87'- N55°42'48"E 1.00'- S34017'12"E 45.93' S55042'48"W 1.00' PUBLIC PE[ EASEMENT 0 N cW N e- 5rl l N55°42'47"E 1.00' S34°17'12"E 17.00' rl N55043'57"E 2.63'1 ZAPHIC SCALE 20 ao W inch = 40 feet EXHIBIT B PUBLIC PEDESTRIAN EASEMENT SCALE: 1" = 40' JOB NUMBER: 14212 BY: JNW DATE: 10/6/2019 o_ F N W m 00 &D pG O z 2 EXIIIIIIIIIB CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY The undersigned beneficiary under that certain Deed of Trust and assignment of rents recorded on January 25, 2016, as Document No. 2016-003179 in the Official Records of the County of San Luis Obispo hereby consents to the execution and recordation of the attached "Irrevocable & Perpetual Offer of Dedication (Public Pedestrian)" (The "Agreement"). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement. Dated: TRUST EED�ENEFJ IARY i Delphi. f E rfidr Delaware Lir6ted Liability Company By: Name Perry Stewart Ward Authorized Signatory Its: 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 } On dc' - Z ��� , before me, /' , v6� Date Name and Title dt the offloer personally appeared, �� r who proved to me on the basis of satisfactory evidence to be the person whose name(sY is/are subscribed to the within instrument and acknowledged to me that helsW%6 executed t same in his/her/their authorized capacityand that by hisll�t't�ir signature(g)on ( the instrument the person , or the entity upon behalf of which the personXacted, 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 fNotary Public BRIAN A. CATLIN Notary Public - California s Marin County Commission #t 2164307 M Comm. Expires Se 9. 2020 Place Notary Seal Above CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable & Perpetual Offer to Dedicate (Public Pedestrian Easement), dated October 10, 2016, from Hotel SLO, LLC a California limited liability company, and Sutter Tustin SLO, 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, upon completion of the public improvements, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. L 1\ k�� 2c�1 Date ATTEST: Carrie Gallagher City Clerk CITY OF SAN LUIS OBISPO Mayo J M [City seal required] END OF DOCUMENT