HomeMy WebLinkAboutD-1458 El Capitan WayDoc No. 1997-034'1. J Rec No: 00045278
r44 rL Official Records ;NF 0.00
�- (A(a Q San Luis Obispo Co. '
Recording Requested bylkelly V. Gearhart Julie L. Rodewa l d
When Recorded return to: Recorder
Jul 07, 1997
City Clerk - City of San Luis Obispo Time: 08:00
990 Palm Street
San Luis Obispo, CA 93401 [ 41-- TOTAL
- -- - -- - 0.00
IRREVOCABLE & PERPETUAL OFF�R TO DEDICATE
EL CAPITANI WAY (APN 078421 -005)
THIS OFFER TO DEDICATE, made the 7th day of May 199 7
by Charles De]rmrtini & Evelyn S. of the County of San Luis Obispo, State of California, hereinafter termed
Offeror: Dabmrtini
WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the public, an easement,
for public road purposes and incidental uses, which offer may be accepted at any time by any governmental entity
which has the power to establish, construct and maintain roads.
NOW, THEREFORE said Offeror covenants and promises as follows:
1. That said offeror is the owner of the following interest described below:
That portion Lot 103 of the San Luis Obispo Suburban Tract in the County of San Luis Obispo, State of California,
according to the map filed February 7, 1906 in Book 1 at Page 92 of Record of Surveys in the Recorder's Office of
said County and State described as follows:
Beginning at the southwest corner of said Lot 103; thence along the southeasterly line of said Lot North 65° 10' 00"
East a distance of 264.00 feet to the true point of beginning; thence continuing along said southeasterly line
North 650 10' 00" East a distance of 132.00 feet; thence at right angles North 240 50'00" West a distance of
165.00 feet; thence at right angles South 65° 10'00" West a distance of 132.00 feet; thence South 24° 50'00"
East a distance of 165.00 feet to the true point of beginning.
2. That said offeror does hereby irrevocably and in perpetuity offer to such governmental entity a dedication of a
public right -of -way for road purposes and incidental uses upon the following described property:
That portion Lot 103 of the San Luis Obispo Suburban Tract in the County of San Luis Obispo, State of California,
according to the map filed February 7, 1906 in Book 1 at Page 92 of Record of Surveys in the Recorder's Office of
said County and State described as follows:
Beginning at the southwest corner of said Lot 103; thence along the southeasterly line of said Lot North 65° 10' 00"
East a distance of 396.00 feet to the most easterly corner of the land described as Parcel 1 in the deed to Charles
and Evelyn S. Delmartini filed August 1, 1974 in Book 1790 of Official Records at page 753 in the Recorder's
Office of said County and State; thence along the northeasterly line of said Parcel 1 North 240 50'00" West a
distance of 140.00 feet to the true point of beginning; thence continuing along said northeasterly line North 240
50'00" West a distance of 25.00 feet to the most northerly corner of said Parcel 1; thence along the northwesterly
line of said Parcel 1 South 65° 10' 00" West a distance of 132.00 feet to the most westerly corner of said Parcel 1;
thence along the southwesterly line of said Parcel 1 South 240 50' 00" East a distance of 25.00 feet; thence North
650 10' 00" East a distance of 132.00 feet to the true point of beginning.
The attached map labeled "Exhibit A" is to be used to assist in retracing the lines of this description.
(End of Description)
_b./ #s8
Signature and seal of preparer of legal description:
PZ11,
3. That until such time as the above offer of dedication is accepted by such a government entity, all owners of
property contiguous to the above described road parcel shall have the right to use of said road parcel as a private
road.
4. That said offeror agrees that said offer of dedication shall be irrevocable and that such a government entity
may, at any time in the future, accept said offer of dedication of the public right -of -way.
5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his
heirs, legatees, successors and assignees.
IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first
above written.
j(7%
Offeror Charles Delmartini Off or E lyn S. Delmartini
APPROVED: Beneficiary of $20,000.00 Trust
STATE OF . California ) Deed dated February 21, 1986
COUNTY OF Sands Obispo ) SS
Amyl- Arsenio, Trustee
On May 7 , 1997 before me, Martha G. Sohacki, Notary Public personally appeared
Charles Delmartini, Evelyn S. Delmartini AND Amy L. Arseniopersonally known to me (or 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 exectued 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.
WITNESS my hand and official seal.
Martha G. Sohacki 3
COnm. X11060615 ^^
NOTARY PUBLIC - CALIFORNIAN Y/
SAN LUIS OBISPO COUNTY O
1 l� CSLIF 'nN Comm. Exp. July 31,1999 J
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city of sAn Luis oBispo
990 Palm Street, San Luis Obispo, CA 93401-3249
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Irrevocable &
Perpetual Offer to Dedicate El Capitan Way (APN 078 -421 -005) dated May 7, 1997
from Charles and Evelyn S. Delmartini to the CITY OF SAN LUIS OBISPO, a Political
Corporation, 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: July 2, 1997
CITY OF SAN LUIS OBISP
By. - ----------------- - - - - --- - --
Allen K. Settle, Mayor
ATTEST:
1. By: �.
` x`�` nnie L. Ga , Cit ler '
v�The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781 -7410.
END OF DaCCUMENT