HomeMy WebLinkAboutD2215 S Higuera 053-032-005 Public Pedestrian Easementl
IlrsrAm eriean Title-"
First American Title Company
601 Morro Bay Blvd, Suite A
Morro Bay, CA93442
(B0s)771-1s43
Faxr (866)393-4556
April15,2024
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
RE: File No.: 4005-7095487
Property: 3021 South Higuera Street San Luis Obispo, CA 93401
Seller: BDB Holdings LLC
Buyer: City of San Luis Obispo
The closing of the above referenced transaction is now complete. For your records we enclose the following (If
checks are included in this package, please negotiate as soon as possible):
Final Settlement Statement
Additional documents, if applicable
Keep these instruments secure as some of them cannot be replaced, Any recorded documents to which you may
be entitled, and your policy of title insurance, will follow shortly.
The propefi tax year runs from July 1 through June 30. The first installment of taxes is due November 1 and
delinquent December 10. The second installmentof taxes is due February l and delinquentApril 10, If you do
not receive a TAX BILL one (1) month prior to the delinquency date, a written request that includes the propefi
address and/or assessor's parcel number should be made to the County Tax Collector. You may also receive a
supplemental bill for increase in value if any,
Should you have any questions or need further assistance, please contact the undersigned. Thank you for
working with First American Title, We look forward to serving you in the future.
Jennifer Gonzales
Escrow Officer
JennGonza les@firstam.com
Page 1 of 1 9'u-\<
#1,^,n-.u*nu*
First Amedcan Title Company
601 Mono Bay Blvd, Suite A.Morro Bay, CA 93.142
Office Phone :(805)772-2773 Office Fax:(866)393-4556
Buyer's Fin aI Settlemen t Statem ent
Property Address:3021 South
Luis Obispo
Higuera Street, San
, cA 93401
File No: 4005-7095487
Ollicer: JenniterGonzales/jg
Settlement Date: 04115/2024
Disbursement Date: 04/15/2024
Print Date: 0411512024,1:46 PM
Buyer:
Address:
Seller:
Address:
City oi San Luis Obispo
990 Palm Street , San Luis Obispo, CA 93401
BDB Holdings LLC
3021 South Higuera Street, San Luis Obispo, CA 93401
)haroe Description Buver Charge Buyer Credlt
on
Cha to
20,1 50.00
,- - -- -2-1,9,?q.q9,
775.00
400.00
Totals 21 ,325.00 21 ,325.00
First American Title Company
Jennifer Gonzales
Page 1 ol 1
#l Frrsf Am erican Tiile-
To: First American Title Company ("Settlement Agent")
Jennifer Gonzales, Escrow Officer
Firt American Title Company
601 Morro Bay Blvd, Suite A
Morro Bay, CA 93442
(80s)771-1s43
Fax: (866)393-4556
File No.: 400s-7095487 (ig)
Date: April l4 2024
Re: 3021South H-guera Street, San Luis Obispo, CA 93401 ("Property")
"Buyer": City of San Luis Obispo
"Seller"r BDB Holdings LLC
SETTLEMENT AGENT'S STATEMENT OF RECEIPT
OF SELLER'S CERTIFICATE OF NON.FOREIGN STATUS
I, Jennifer Gonzales, hereby certify to City of San Luis Obispo (buyer) that:
a. I am the Settlement Agent in the above referenced transaction ("Transaction");
b. I am an employqe of First American Title Company which is a "Qualified Substitute" under Internal
Revenue Code (IRC) Section 1445(0(6); andc. Pursuant to IRC Section 1445(bX9), that each of the following seller or sellers, who are all of the
sellers in the Transaction, has provided to me a completed copy of the Seller's Certificate of Non-
Foreign Status pursuant to IRC Section 1aa5(b)(2): BDB Holdings LLC (Sellers)
Executed under penalty of perjury at Morro Bay, CA on this Fifteenth day of April,2024.
(Settlement Agent's Signature)
Noter
Section 1445 of the Internal Revenue Code (IRC) provides that a transferee (buyer) of a U,S. real property
interest must withhold tax if the transferor (seller) is a foreign person. Pursuant to IRC Section 1.145(bX2) no
withholding is required if the transferor (seller) furnishes to the transferee (buyer) a non-foreign affidavit stating,
under penalty of perjury, the transferor's United States taxpayer identification number and that the transferor is
not a foreign person.
Section 1445(bX9) was added to the Internal Revenue Code (IRC) on July 30, 2008 in order to provide an
alternative procedure for furnishing Non-Foreign Affidavits. The alternative procedure allows a seller to furnish
the Non-Foreign Affidavit to a "qualified substitute" instead of the buyer so long as the qualified substitute
furnishes a statement to the buyer stating, under penalty of perjury, that the qualified substitute is in possession
of the Non-Foreign Affidavit. A qualified substitute is defined as the person (including any attorney or title
company) responsible for closing the transaction, other than the seller's agent, and the buyer's agent. (See
rRc 5 144s(fx6).
Page 1 of 1
-loq5qs7-rq
Recording requested by:
Hamner, Jewell & Associates
Govemment Real Estate Services
Recordlng Reqse$edtv:
FirstAmerican llUe Co.
**Thls document was electronically submitted
to San Luis Obispo County for recordlng**
2024049784
Elaina Cano
San Luis Obispo - County Clerk-Recorder
0411512024 't 1 :1 3 AM
Recorded at the request of:
FIRST AMERICAN TITLE COMPANY
Titles: 2 Pages: 6
Fees: $0.00
Taxes: $0.00
Total: $0.00When recorded, mail to:
City of San Luis Obispo
Public Works Department
919 PaIm Street
San Luis Obispo, CA 93401
PCOR EXEMPT
Exempt fromthe $75 per Agency
No fee pursuantto GovemmentCode g 6103
No Documentary Transfer Tax pcr R&T Code $ 1 1922
No Recording Fee per Govemment Code g 27383
EASEMENT DEED
(Pedestrian Easement)
APN: 053-032-005
For a valuable consideration, receipt of which is hereby acknowledged,
BDB Holdings LLC, a Califomia limited liability company (hereinafter referred to as
"Grantof"),
hereby gmnts to the
The City of San Luis Obispo, a municipal corporation and a charter city in the County of
San Luis Obispo, State of California (hereinafter referred to as ooCity"),
A permanent public pedestrian easement for the construction and maintenance of a public
sidewalk and, at City's sole discretion, the right to plant and maintain grass, shrubs, trees and
other vegetation upon, over, under, through, and across that certain property situated in the City
of San Luis Obispo, County of San Luis Obispo, State of California, legally described in Exhibit
"A" and depicted in Exhibit "B", each attached hereto and made a pa.rt hereof (the "Pedestrian
Easement Ared').
Grantor represents and warrants it is the owner of the real property upon which the easement is
located and is authorized to execute the Deed and that no additional signatures are required to
effectuate this easement conveyance.
(Signatures follow on next page)
SLO City/ S. Higuera Sidewalk/BDB Holdings/Easement DeedAPN:053-032-005
1
9 -72)5
Executed this Khaay of
GRANTOR:
BDB Holdings LLC, a limited liability company
By
N
Title:
Baughman
APN:053-032-005
2
SLO City/ S. Higuera Sidewalk/BDB Holdings/Easement Deed
A notary public or other officer completing this oertificate verifies only the
identity of the individual who signed the document to which this certificate ts
and not the or of
ACKNOWLEDGMENT
-
s 00ts fo
On w before Le9 Notary
Public,appeared t who proved to me on the basis of
salisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that heishe/they executed the same in his/heritheir authorized capacity(ies), and that
by his/her/their signatures(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
paragraph is true and correct.
PEzuURY under the laws of the State of California that the foregoing
WITNESS my and seal,coMM. *2416116 vo
Signature (Seal)
ACKNOWLEDGMENT
A nolary public or other officer completing this certificate verifies only the
identity of the individual who signed the document io which this certificate is
and not the of that document.
State of California
county of _--
On before me,Nolary
Public, personally appeared who proved to me on the basis of
satisfaclory 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 signatures(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certifu 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 (Seal)
APN: 053-032-005
3
SLO Cifyl S, Higuera Sidewalk/BDB Holdings/Easemenr Deed
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes
the real property, or interests therein, described in the within Easement Deed (Pedestrian Easement)
from BDB Holdings LLC, a California limited liability company, and consents to the recordation
thereof.
In Witness Whereof, I have hereunto set my hand this & day of ' 2024.
ATTEST:
Teresa Purrington, Ci lerk
CITY OF SAN LUIS OBISPO,
a mu 'cipal corporation and charter city
Erica A. Stewart, Mayor
ACKNOWLEDGEMENT
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 M&.V'CA la. oUOV4 , before me, Megan Wilbanks, Notary Public, personally appeared
Erica A. Stewart, Mayor, CITY OF SAN LUIS OBISPO, 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.
MR AN WILBANKS�
WITNESS m hand and official seal. NoUry °abt`' �'"°'^'a
Y ; ' San Luis Obispo County
Commission Y 2480812 i
Megan filbanks, Notary Public (Official Notary Seal)
APN: 053-032-005 SLO City/S. Higuera Sidewalk/BDB Holdings/Easement Deed
4
EXHIBIT "A"
PEDESTRIAN EASEMENT
LEGAL DESCRIPTION
THAT PORTION OF LOT 2 OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT
DIABLO BASE AND MERIDIAN, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF THE SURVEY OF SAID
LANDS RETURNED TO THE GENERAL LAND OFFICE BY THE SURVEY GENERAL DESCRIBED AS
FOLLOWS;
THE NORTHEASTERLY 2 FEET OF THE SOUTHWESTERLY 7 FEET OF THE PARCEL OF LAND
DESCRIBED IN THE DEED TO BDB HOLDINGS LLC, A LIMITED LIABILITY COMPANY, RECORDED
NOVEMBER 30T", 2022, AS DOCUMENT NUMBER 2022-046514, IN OFFICIAL RECORDS IN THE
OFFICE OF THE RECORDER FOR SAID COUNTY.
CONTAINING AN AREA OF 209.6 SQUARE FEET, MORE OR LESS.
SEE THE ATTACHED EXHIBIT "B" PLAT, HEREIN REFERENCED AND MADE PART HEREOF
END DESCRIPTION
PREPARED BY:
BUR EUDE, PLS 9103
DATE: 8-8-2023
Page 2 of 2
OLANDSUR`�`-
O
v BURL V. 9
STEUDE
* No. 9103
\F OF CA4�F0/
ERROR: undefined
OFFENDING COMMAND: -
STACK:
1C
m
�J
I
U)
14 � on
A-
DOC. NO 1995-10053
LANDS OF TAYLOR
DOC. NO 2023-007908
LANDS OF KOKKONEN
DOC. NO 2008-011794
S78°53'W 200.00
OF
5' 24 SQU P'F'F- E Y
5
LANDS OF BDB HOLDINGS-LLC
DOC. NO 2022-046514
pEDESTR�AN ENT
Z.00 2pg.6 SQUARE EFEEM
N7 SE 200.00
0 40 80
i
1 INCH = 40 FEET
13/M B/98
._
0
J
0
0
EXHIBIT " "
RIGHT OF WAY
CITY
DRAWN BY CHECKED BY SCALE DATE
RAC BVS 1" = 40' 8/8/2023
PARCEL NO.: 053-032-005
PROJECT: City of San Luis Obispo - S. Higuera Sidewalk
TITLE REPORT NO.: 4001-7008596
RIGHT OF WAY AGREEMENT
(WITH ESCROW INSTRUCTIONS)
THIS AGREEMENT is made and entered into by and between
BDB Holdings LLC, a California limited liability company
(hereinafter called "Grantor"), and
The City of San Luis Obispo, a municipal corporation and a charter city in the County of
San Luis Obispo, State of California
(hereinafter called "City")
An instrument in the form of an Easement Deed ("Deed") covering the property rights
particularly described therein ("Property"), has been executed concurrently with this Agreement
and delivered to City representatives.
In consideration of which, and other considerations hereinafter set forth, it is mutually
agreed as follows:
1. The parties have herein set forth the whole of their agreement. The performance of
this Agreement constitutes the entire consideration for said document and shall relieve the City
of all further obligation or claims on this account, or on account of the location, grade or
construction of the proposed public improvement, except as stated in Paragraphs 2.E. and 2.F.
below.
2. The City shall:
A. PAYMENT - Pay to the order of the Grantor the sum of TWENTY THOUSAND
ONE HUNDRED FIFTY DOLLARS ($20,150) as consideration in full for the real property
interests conveyed in the Deed, for the loss, replacement and moving of any improvements, and
for entering into this Agreement. Said sum shall be paid when title to said real property interest
has vested in City free and clear of all liens, encumbrances, assessments, easements and leases
recorded or unrecorded, except for recorded public utility easements and public right of way.
Grantor and City acknowledge and agree that the Payment Amount and the terms of the Deed
and this Agreement represent the full and total consideration for the property interests
established by the Deed. With the exception of any rights and obligations created pursuant to
this Agreement, Grantor hereby forever releases and discharges City and its respective officials,
officers, directors, and employees from any and all claims, demands, causes of action,
obligations, and liabilities of every kind and nature which relate to City's acquisition of the real
property interests conveyed in the Deed. It is further understood and agreed that each party
APN: 053-032-005 City of SLO/S. Higuera Sidewalk/BDB Holdings/Agreement
Page 1 of 6
hereby waives any and all rights under Section 1542 of the Civil Code of the State of California
which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
B. RECORDATION OF INSTRUMENT - Accept the Deed and cause the same to be
recorded in the office of the San Luis Obispo County Recorder at such time as when clear title
can be conveyed.
C. MISCELLANEOUS COSTS - Pay any escrow, title insurance, and recording fees
incurred in this transaction.
D. CLEARANCE OF BONDS, ASSESSMENTS, OR DELINQUENT TAXES - Have
the authority to deduct and pay from the amount shown in Clause 2.A. above any amount
necessary to satisfy any bond demands and delinquent taxes due in any year except the year in
which this escrow closes, together with penalties and interest thereon, and/or delinquent and
unpaid nondelinquent assessments which have become a lien at the close of escrow.
E. CONSTRUCTION AND RESTORATION — At the time of this agreement, City
sidewalk improvements are already constructed across the Property. For any future work to be
done on the Property, City shall construct all improvements in conformance with current
standards. City's access and use of the Property shall be in conformance with all terms and
conditions specified in the Deed. All Project work completed by City will be completed at City's
sole expense, including any necessary conforming of the grade of Grantor's remaining property
for a smooth transition to the new Project improvements and driveway apron installation.
F. INDEMNIFICATION - Indemnify and hold harmless Grantor from any and all
claims, damages, costs, judgments, or liability proximately caused by City or its officers,
employees, contractors, or agents specifically arising from City construction, maintenance and
public use of the Property. City's obligation to indemnify and hold harmless Grantor as provided
in this Paragraph 21 shall not extend to any claims, damages, costs, judgments, or liability
which arise from or related to the negligent, unlawful or wrongful acts of Grantor or any other
person acting in concert with them.
3. The Grantor:
A. PAYMENT ON MORTGAGE OR DEED OF TRUST - Agrees that any or all monies
payable under this Agreement up to and including the total amount of the unpaid principal and
interest on the note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts
due and payable in accordance with the terms and conditions of said mortgage(s) or deed(s) of
trust, shall upon demand(s) be made payable to the mortgagee(s) or beneficiary(s) entitled
thereunder.
APN: 053-032-005 City of SLO/S. Higuera Sidewalk/BDB Holdings/Agreement
Page 2 of 6
B. LEASE INDEMNIFICATION - Warrants there are no oral or written leases on the
Property that would affect Grantor's right and ability to convey the Property to City free and
clear of tenant interests and claims. Grantor agrees to hold the City harmless and reimburse City
for any and all of its losses and expenses occasioned by reason of any lease of said Property held
by tenant of Grantor.
C. PERMISSION TO ENTER - Hereby grants to the City, its agents and contractors,
permission to enter upon the Property prior to the close of escrow for the purposes of preparation
for construction of the City's Project, subject to all applicable terms and conditions contained in
this Agreement and the associated Deed.
D. GRANTOR'S KNOWLEDGE OF THE ENVIRONMENTAL CONDITIONS OF
THE, PROPERTY - Represents and warrants that to the best of Grantor's knowledge and belief,
that (1) there has been no spill, discharge, release, cleanup or contamination of or by any
hazardous or toxic waste or substance on or around the Property at any time, and (2) throughout
the period of ownership of the Property by Grantor, no hazardous or toxic material has been
used, generated, treated, stored, disposed of or handled in or around the Property. Further,
Grantor agrees to disclose to City, prior to the close of escrow, all studies, reports, and
investigations known to Grantor concerning any pollution, toxic building materials or toxic
hazardous substances or wastes located at, on, or under the Property.
4. The Parties agree:
A. ESCROW - At City's option, to open escrow in accordance with this Agreement at an
escrow company of City's choice. Opening an escrow shall be at City's sole discretion and City
may decide to process this transaction without the use of an escrow agent. However, if an
escrow agent is utilized, this Agreement constitutes the joint escrow instructions of City and
Grantor, and escrow agent to whom these instructions are delivered is hereby empowered to act
under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in
the shortest possible time.
If an escrow is utilized, as soon as possible after opening of escrow, City will deposit the
executed Deed by Grantor, with Certificate of Acceptance attached, with Escrow Agent on
Grantor's behalf. City agrees to deposit the purchase price upon demand of Escrow Agent. City
and Grantor agree to deposit with Escrow Agent all additional instruments as may be necessary
to complete this transaction. All funds received in this escrow shall be deposited with other
escrow funds in a general escrow fund account(s) and may be transferred to any other such
escrow trust account in any State or National Bank doing business in the State of California. All
disbursements shall be made by check or wire transfer from such account.
Any taxes which have been paid by Grantor prior to opening of this escrow shall not be
pro -rated between City and Grantor, but Grantor shall have the sole right after close of escrow to
apply to the County Tax Collector of said County for any refund of such taxes which may be due
Grantor for the period after City's acquisition.
APN: 053-032-005 City of SLO/S. Higuera Sidewalk/BDB Holdings/Agreement
Page 3 of 6
i) ESCROW AGENT DIRECTIVES - Escrow Agent is authorized to, and shall:
a) Pay and charge Grantor for any unpaid delinquent taxes and/or any penalties
and interest thereon, and for any delinquent assessments or bonds against that
portion of Grantor's property subject to this transaction as required to convey
clear title.
b) Pay and charge City for any escrow fees, charges and costs payable under
Paragraph 2.C. of this Agreement;
c) Disburse funds and deliver Deed when conditions of this escrow have been
fulfilled by City and Grantor.
d) Following recording of Deed from Grantor, provide City with a CLTA
Standard Coverage Policy of Title Insurance in the amount of $20,150 issued
by First American Title Company showing that title to the herein real property
is vested in City, subject only to the following exceptions, and the printed
exceptions and stipulations in said policy:
1) Real Property Taxes for the fiscal year in which escrow closes.
2) Public utility easements and public rights of way;
3) Items No. 2 and 3 of the preliminary title report issued by First
American Title Company dated June 30, 2023, referenced as Order
No 4001-7008596.
4) Other items that may be approved by City in writing in advance of
the close of escrow.
ii) CLOSE OF ESCROW - The term "close of escrow", if and where written in these
instructions, shall mean the date necessary instruments of conveyance are
recorded in the office of the County Recorder. Recordation of instruments
delivered through this escrow is hereby authorized.
B. JUDGMENT IN LIEU OF DEED - In the event Grantor does not deliver title in a
reasonable time under the terms of the Agreement, the City may file an action in eminent domain
to pursue the acquisition of the real property interests described in the Deed, and this Agreement
shall constitute a stipulation which may be filed in said proceedings as final and conclusive
evidence of the total amount of damages for the taking, including all of the items listed in
Section 1260.230 of the Code of Civil Procedure, regarding said property rights.
C. ARTICLE HEADINGS - Article headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants and conditions
of this Agreement.
APN: 053-032-005 City of SLO/S. Higuera Sidewalk/BDB Holdings/Agreement
Page 4 of 6
D. COMPLETE UNDERSTANDING - This Agreement constitutes the entire
understanding between the parties with respect to the subject matter hereof, superseding all
negotiations, prior discussions, and preliminary agreements or understandings, written or oral.
This Agreement may not be amended except in writing by the parties hereto or their successors
or assigns.
E. CITY COUNCIL APPROVAL - This Agreement is subject to and conditioned upon
approval and ratification by the San Luis Obispo City Council. This Agreement is not binding
upon the City until executed by the appropriate City official(s) acting in their authorized
capacity.
F. COUNTERPARTS - This Agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an original,
and all such counterparts together shall constitute one and the same document.
G. NOTICES - All notices shall be in writing, addressed as set forth below, and deposited
in the U.S. Mail, postage prepaid. Any party may change its address for future notices by
complying with the provisions of this paragraph.
GRANTOR'S MAILING ADDRESS:
BDB Holdings LLC
3021 S. Higuera Street
San Luis Obispo, CA 93401
CITY'S MAILING ADDRESS:
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401
No Obligation Other Than Those Set Forth Herein Will Be Recognized.
::► •1
BDB Holdings LLC, a California limited liability company
By:
Name: Chi' pher Baughman
Title: Manager
Date:
APN: 053-032-005 City of SLO/S. Higuera Sidewalk/BDB Holdings/Agreement
Page 5 of 6
CITY OF SAN LUIS OBISPO,
A municipal corporation and charter city
C
By:
Erica A. Stewart, Mayor
ATTEST:
B
City Clerk
APPROVED AS TO FORM:
By: 6k
J. hristine Vtrick
City of San Luis Obispo, Attorney
RIM
APPROVED AS TO CONTENT:
By:
Brian lQson
Deputy Director of Public Works
City of San Luis Obispo
APN: 053-032-005 City of SLO/S. Higuera Sidewalk/BDB Holdings/Agreement
Page 6 of 6
Recording requested by,
and when recorded, return to:
City of San Luis Obispo
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
Exempt from the $75 Building and Jobs Act Fee per Gov't Code §27388.1 (2)(D) Public Agency
No Fee pursuant to Government Code§ 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code § 27383
IRREVOCABLE & PERPETUAL OFFER OF DEDICATION
(Public Street Easement)
3021 S. Higuera Street
San Luis Obispo, CA
APN: 053-032-005
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BDB Holdings LLC, a California limited liability company (as OFFEROR),
hereby OFFERS to
The City of San Luis Obispo, a municipal corporation and charter city in the County of San
Luis Obispo, State of California ( as CITY),
An irrevocable and perpetual dedication of right of way for public street purposes upon, over,
under and across that certain portion of OFFEROR'S real property that is located in the City of San
Luis Obispo, County of San Luis Obispo, State of California, described as follows:
PUBLIC STREET EASEMENT: See Exhibit A, attached hereto, for legal description, and
Exhibit B, attached hereto, for graphical depiction.
APN: 053-032-005 City ofSLO/S. Higuera Sidewalk/BOB Holdings/Offer of Dedication
Page 1 of 4
.•
The City Clerk did not receive a
Recorded version of this document. See
Public Works.
IN WITNESS WHEREOF, OFFEROR hereunto caused the names to be subscribed this
I 5:-1t-, day of fi l7i,,Jfl"4 . 20 t.i-1.
OFFERER:
BDB Holdings LLC a California limited liability company
By: ___ ______,..,.,.'--\---fr---------
Name:
APN: 053-032-005 City ofSLO/S. Higuera Sidewalk/BOB Holdings/Offer of Dedication
Page 2 of 4
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 SA:N Lv I ~ 0111 ~ eo
On ft6 R._ VA?~ I ( 1 u Vf before me, Ct1 ft/{ Lbs C J1 tN Notary
Public, persona y appeared ()i p t(oN.f tR.. 6rwGU)'l4,bb 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 signatures(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 PERillRY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Cr = ,,(L
Signature --=--V'\_.,,__~_...,._ _____ _ ..__;;,
(Seal)
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 ________ _
On before me, Notary
Public, 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 signatures(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 PERmRY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature ------------
APN: 053-032-005
(Seal)
City ofSLO/S. Higuera Sidewalk/BOB Holdings/Offer of Dedication
Page 3 of 4
CERTIFICATE OF ACCEPTANCE
This is to certify that the City of San Luis Obispo, grantee herein, hereby accepts for public purposes
the real property, or interests therein, described in the within Irrevocable & Perpetual Offer of
Dedication (Public Street Easement) from BDB Holdings LLC, a California limited liability
company, and consents to the recordation thereof.
In Witness Whereof, I have hereunto set my hand this __fa_ day of /.A ctc'ch.-, 2024.
CITY OF SAN LUIS OBISPO,
a municipal corporation and charter city
~;t~-
Erica A. Stewart, Mayor
ATTEST:
~
ACKNOWLEDGEMENT
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.
ST A TE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
)
)
On ffio..1't."'-\o , «;to a.l\ , before me, Megan Wilbanks, Notary Public, personally appeared
Erica A. Stewart, Mayor, CITY OF SAN LUIS OBISPO, 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.
(Official Notary Seal)
APN: 053-032-005 SLO City/S. Higuera Sidewalk/BOB Holdings/Offer of Dedication
4 of 4
EXHIBIT "A"
RIGHT OF WAY
LEGAL DESCRIPTION
THAT PORTION OF LOT 2 OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 12 EAST, MOUNT
DIABLO BASE AND MERIDIAN, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS
OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF THE SURVEY OF SAID
LANDS RETURNED TO THE GENERAL LAND OFFICE BY THE SURVEY GENERAL DESCRIBED AS
FOLLOWS;
THE SOUTHWESTERLY 5 FEET OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO BDB
HOLDINGS LLC, A LIMITED LIABILITY COMPANY, RECORDED NOVEMBER 30TH, 2022, AS
DOCUMENT NUMBER 2022-046514, IN OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER
FOR SAID COUNTY.
CONTAINING AN AREA OF 524 SQUARE FEET, MORE OR LESS.
SEE THE ATTACHED EXHIBIT "B" PLAT, HEREIN REFERENCED AND MADE PART HEREOF.
END DESCRIPTION
PREPARED BY: ~ ~
BUR~S9103
DATE: 8-8-2023
Page 1 of2
\
r cannon
..,. __
&,.-1,-~C!Mpe,.U.HiD!
pq~t t t41r~WOIO
0
DOC. NO 1995-10053
LANDS OF TAYLOR
DOC. NO 2023-007908
LANDS OF KOKKONEN
DOC. NO 2008-011794
3'"' 200.0 s7 S'5 ,,
Of VJP..'<
5.00' RIQG~~RE fE.E.1
524 S
o'
LANDS OF BOB HOLDINGS-LLC
DOC. NO 2022-046514
40 80
1 INCH = 40 FEET
13/MB/98
EX H 181 T "B "
RIGHT OF WAY
AND PEDESTRIAN EASEMENT
3021 HIGUERA ST.
CITY OF SAN LUIS OBISPO, CALIFORNIA
DRAWN BY CHECKED BY SCALE DATE
RAC BVS 1" = 40' 8/8/2023