HomeMy WebLinkAbout02/16/2010, C 2 - BOB JONES CITY-TO-SEA TRAIL ACCESS EASEMENT I�
council
February 16,2010
acEnba Report It...N....6, C,a
CITY OF SAN LUIS OBISPO
FROM: Jay D. Walter, Director of Public Works ID W
Prepared By: Daniel Van Beveren, Senior Civil Engineer
SUBJECT: BOB JONES CITY-TO-SEA TRAIL ACCESS EASEMENT
RECOMMENDATION
1. Accept the Offer of Dedication of Easement from JK Dewar Properties to formalize access
for the Bob Jones City-to-Sea project.
2. Approve the Acknowledgement of Drainage Easement to the benefit of JK Dewar Properties
and authorize the Mayor to execute the document.
3. Direct the City Clerk to forward the accepted Offer to Dedicate and Consent form to the
County Clerk-Recorder's Office for recording.
DISCUSSION
Background
The recently completed section of the Bob Jones City-to-Sea Trail is located on City-owned
property and was constructed in 2008. The pathway extends from Prado Road southward to
Prefumo Creek (Attachment 1). At the entrance to the pathway, San Luis Obispo Creek bisects
the City property and blocks direct access to the property from Prado Road. At this location,
access to the City property is provided through an existing easement dedicated to the City by JK
Dewar Properties, the owner of the adjacent property. After the Bob Jones City-to-Sea project
was constructed, staff discovered that the defined boundary of the existing access easement was
insufficient for the project; additional easement is required in order to provide the necessary
width consistent with the newly established pathway.
The existing easement agreement was filed in 1972 and is reciprocal in that it contains two
components. The first is the easement for ingress/egress across the JK Dewar property dedicated
to the City-owned property. The second is an easement for drainage purposes across the City
property dedicated to the JK Dewar property.
JK Dewar Properties was cooperative with City staff and has provided the City with an Offer of
Dedication (Attachment 2) for the additional easement area need to be consistent with the
constructed pathway. In return and in response to JK Dewar's request, the City has provided JK
Dewar with an agreement entitled "Acknowledgement of Drainage Easement" (Attachment 3).
This agreement simply acknowledges the existence of JK Dewar's drainage easement in the same
area and clarifies the intent of that easement and JK Dewar's rights of access.
CONCURRENCE
The City Attorney has reviewed the documents and supports the recommended action.
Bob Jones Trail Access Easement Page 2
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
1. Site Map
2. Offer to Dedicate& Consent Form
3. Acknowledgement of Drainage Easement
T:\Council Agenda Reports\Public Works CAR\2010\aP\90670 Bob Jones Trail Access Easement\90670 Bob Jones Trail Access.doc
ca-�
ATTACHMENT#1
If
f �
1
A
J
ACCESS
EASEMENT } ��
►jI
r� r
JK DEWAR
PROPERTY j
f
i C
ERTY
DRAINAGE
EASEMENT
it
BOB JONES
city Of TRAIL ACCESS
i i sAn tuts OBISPO SITE MAP
aq
y
Ca -2
ATTACHMENT#2
IRREVOCABLE & PERPETUAL
OFFER TO DEDICATE
Recording Requested by and
When Recorded Return to:
Public Works Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
...
--000--- apn ptn 053-051-033
THIS OFFER TO DEDICATE, made the I- "- day of ,6�..�.,,,� ,
200_J, by J K DEWAR PROPERTIES,_L.P., a California limited partnership
of the City of San Luis Obispo, County of San Luis Obispo, State of California,
hereinafter termed Offeror.
WHEREAS, said Offeror desires to make an offer to dedicate,
irrevocably, to the public, an easement for public bicycle and pedestrian
purposes, which offer may be accepted at any time by any governmental entity
which has the power to establish, construct and maintain bicycle and pedestrian
paths.
NOW, THEREFORE, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of the following interest described
below:
See attached Exhibit°A", legal description, attached hereto
and made a part hereof
2. That said Offeror does hereby irrevocably and in perpetuity offer to
such government entity a dedication of a public right-of-way for bicycle trail and
pedestrian trail purposes and incidental uses upon the following described a
propel: 9
See attached Exhibit"B" legal description and Exhibit"C° map,
both attached hereto and made a part hereof
a
i
C C; `
a
'4
ATTACHMENT#2
3. 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-0f--way for bicycle trail and
pedestrian trail.
4. That said Offeror agrees that this irrevocable and perpetual Offer to
Dedicate is and shall be binding on the heirs, legatees, successors and
assignees.
IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the
said Offeror on the day and ear first above written.
J R DEWAR PROP , L,
Offe or ,cum ,� �. ►+ �-- Offeror
l�.Zer of General Partner
JR Dewar investments, LW
Offeror Offeror
Acknowledgment.
State of California ) .
County of San Luis Obispo } ss
Onyy-.tY, 2-vR5 , before me koA4&., S- Notary
Public in and for said State, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s)whose
names (s re subscribed to the withi instrument and acknowledged to me
thafth*
they executed the same i Ihedtheir authorized capacity(ies), and
thaer/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 y
California that the foregoing paragraph is true and correct.
y
WITNESS my hand and official seal. 0 KAREN S.BouCHER
COMM,# 1787542
NOTARY PUBLIC-CAIJFORNIA f'
SAN LUIS OBISPO COUNTY 0
COMM.EXPIRES DEC.26,2011'+ 3
Signature
Seal Notary Public
l
z
'i
�5
ATTACHMENT#2
Exhibit "XV
LEGAL DESCRIPTION
OFFEROR PROPERTY
That portion of Parcel 2 of Parcel Map No. SLO-71-178 in the City of San Luis
Obispo, County of San Luis Obispo, State of California according to the map filed
in Book 6 of Parcel Maps at Page70 in the Office of the County Recorder of the
County of San Luis Obispo, also described as that property being Property#2 in
that Quitclaim Deed dated December 28, 1998 to JK Dewar Properties L.P., a
California limited partnership, recorded as Instrument No. 1999-00174 of Official
Records in said County Recorder's Office, of said County of San Luis Obispo.
i
i
u
i
ti
i
a
H
_ e
I,
(i
y
3
y
9
/0 —40
ATTACHMENT#2
Exhibit"B"
LEGALPESCRIPTION
PERMANENT EASEMENT
File_m:061:0027(040) October 3 2008
A portion of Parcel 2 of Parcel Map No.SLO-71-178 in the City:of'San Obispo, State of
m
California according to the.map filed in Book-6 of Parcel Maps at Page 76 in the Office of
the County Recorder of San Luis Obispo County, also described as Property#2 in that
Quitclaim Deed dated December 28; 1998 to JK Dewar Properties L.P., a California
limited partnership, recorded in Document No: 1999-0017.4 ofOfficialRecords in said
County'Recorcier's Office, said portion described as-
follows:
.Commencing_ot the angle point in the.northerly dght.of way{ine of Prado Road with the
easterly rine of Elks Lane, and eing marked by-1,'brass tag stamped "LS 48.19 as
shown on.the Record of Survey-map filefln Book_65 of Licensed Surveys at Page 41in
said:county Recorder's Office; said corner bearing north 6 i°26'.46"west 1,634:26 feet
(N 6t' 26' "42' W 1;8:34:40 feet calculated from 65/LS741) from th'e'pin in concrete
marking the intersection.of.said Prado Road wifh.South Higueca Street;
Then'ce.south 59°1°2'09"east 1,296.01 feet to a point.in the southerly right of way line of
said Prado Road and the True Point of Beginning;;
"Thence.leaving:said right of way line south 11°55'21''east 70.96 feet to a paint in the
easteriy line of said Parcel-2;
Thence-along said easterly line north 27944'3t:east 55.15 feet to the said southerly right
ofway line of Prado.Road.;
Thence along said southerly right of way line north 62*5607"west 45.30 feet to the True
Point of Beginning.
Excepting wherefrom the saccess easement area described in Doc. No. 11596, dated
March 31, 1972, recorded in Book 1663 of Official Records at Page 662 in said.County
Recorder's Office.
Containing 625 square feet more or less.
The above-described parcel of land-is graphically shown on Exhibit "C" attached
hereto and made a part hereof.
�A t;R
End Description
a
�to.:61:92
E*' 3!31110:
Morris P'
Licese expires 3/31/10 D`..
F
{ 5
it L>ki �
ATTACHMENT#2
i .
LT&TLS 4819-PER R&P.O.C.
SCALE
4D 100 200 .4Q0 ��?moo D�ATL;EI
rlvcrl Ivo:
PARCEL A :xs
35/PIMS
PQF3N Pmt$ ?FD.CITY
PARG MON VVELL,
..
DOC42003• &PIN
o 13991,2 pER.R
� r99� PAR 7ON OFA
$ L I
6pw..0 e
FD1"j
LS`33T.0 -FD#4 REBAR'
PER R1 LS 3,877 PER kI
S62008'04"
'l✓UIL3 &:r n23'
-16
e�.
T.PGD
O.BTRUE POINTOFBEG
INNING
rO�;
P,.O.C. POINT OF COMMEIVEEMENT �.
• FOUND MONUMENT AS NOTED ;.:,
R 65ILS141
RI 29/LSL42 T.P.OB: tTa
PROPOSED
ACCESS
EASEMENT• w d `
SCALE
?1 15 30 .6d cnt
- - EXISTING ACCESS ?
EASEMENTPER
11NCH=30 FEET REM 1663/OR/662 J
'
1"=30 Z
. f
•
PERMANENT Mg"0.: W427-02M
EASEMENT EXHIBIT DRAWING: EASE DRAWING j
+d�sedue4 ae of DRAWN BT:MM �
Ir EXHIBIT "C"
DATE: lams
;
' ATTACHMENT#2.
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEED
BENEFICIARY RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO THE TERMS, COVENANTS,
CONDITIONS, AND RESTRICTIONS OF THE FOREGOING
INSTRUMENT.
The undersigned, beneficiary under that certain Deed of Trust recorded
July 13, 2000 as Instrument No. 2000-038948 of Official Records of the
County of San Luis Obispo, does hereby join in, and consent to, each and
all of the terms and provisions of the within instrument, and does hereby
subordinate its interest to the entire effect of this instrument. In this
regard, the undersigned does hereby agree upon request of any insuring
title company to direct the Trustee under said Deed of Trust to execute
and deliver to County in recordable form acceptable to such insuring title
company partial reconveyances as to any rights granted and to be granted
to County pursuant to this instrument.
Dated:
MIDSTATE BANK,
NOW DOING BUSINESS AS
RABOBANK, N.A.
GCti h�
Linda Winton, Senior ice President
1
TAdients\dewar\Consent&Subor I
a
ca �
ATTACHMENT#2
Acknowledgment.
State of California )
County of San Luis Obispo ) ss
On !fid�o?>', RW9 , before me M, 4aY Notary Public in
and for said State, personally appeared _ l�✓. �¢ //y7"PJ�/
oved to me on the basis of satisfactory evidence to be the person(p?whose aures ( f
is re subscribed to the wit�instrument and acknowledged to me that he h hey
executed the same in his6eAeirauthorized capacity(ies); and that by his/ er their
signature(s on the instrument the person( , or the entity upon behalf of which the
person(i)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
Notary Public
° M.#il (Pr GObyyS.1�1728543
NOTARY PUBLIC CA1 IFQRNU
My Comfn Explrea.Apd 5.2011-0
i
S
i
I
1
�f
d
r.
4
is
i
i�
y
I
I
ATTACHMENT#3
Acknowledoement.of Drainage Easement
This Agreement is entered into between JK Dewar Properties L.P., a California
limited partnership, hereinafter referred to as "Dewar" and the City of San Luis Obispo,
hereinafter referred to as "City", who agree as follows;
Recitals:
Whereas, Dewar is the owner of certain real property ("Dewar Property") referred
to as Parcel 2 of that Parcel Map SLO-71-178, according to Map recorded September 8,
1971 in Book 6 Page 70 of Parcel Maps, in the County Recorder's Office, County of San
Luis Obispo, State of California, which Parcel Map is attached hereto as Exhibit W, and
made a part hereof;and
Whereas, the City has constructed a bike path known as the Bob Jones Bike
Path, a portion of which affects the Dewar Property. The City has submitted to Dewar
an Offer to Dedicate, in the form attached hereto as Exhibit "B", and made a part hereof,
which provides the City the necessary property to clarify the title of said bike path; and
In the context of the negotiations for said Offer to Dedicate, Dewar has requested
the City's acknowledgement of Dewar's rights under a drainage easement pursuant to
an easement deed found in Book 1663, Page 661 of Official Records of said County
Recorder's Office, which easement is for drainage purposes over a portion of Parcel 1
of said Parcel Map; and
Whereas, City is the owner of said Parcel 1 as shown on the Parcel Map, which
is the servient tenement under said easement deed; and
Whereas, the parties enter into this Acknowledgement Agreement to
acknowledge the appurtenant rights of the owner of the Dewar Property for access,
protection and maintenance of the aforementioned drainage easement.
Whereas, it is in the public interest that the proposed exchange occur.
NOW, THEREFORE, it is agreed that:
.1. The above recitals are true and correct.
2. Dewar shall execute the Offer to Dedicate form, as described in Exhibit
"B" and deliver same to the City.
3. City does hereby acknowledge the rights of Dewar and any subsequent owners
of Parcel 2 as having drainage easement rights over a portion of Parcel 1 as
referred to in the easement deed recorded April 17, 1972 in Book 1663, Page
661 of Official Records, in the County Recorder's Office, County of San Luis
N
ATTACHMENT#3
Obispo, State of California, for the protection and the maintenance of drainage
facilities, including drainage pipeline and related improvements and also
including the right to access, and that said rights are appurtenant rights to
Dewar's Property.
IN WITNESS WHEREOF, Dewar and City agree to all of the terms and
conditions hereinabove set forth above.
CITY OF SAN LUIS OBISPO J K DEWAR PROPERTIES L.P.,
a California limited partnership
By: By:_z=v��
McLmer of General:Partner
Its. Its:in Dewar Investments. aac
Date: Date: 4(16 L4-f zzyn'
T:1Gfentsldewa Mck-DrainageEasement
f
r
1
2
Ca-l�
ATTACHMENT#3
Exhibit"Ary
Dewar Property
!. -��� .: i•\•j+..: -_ •,G i (•� �-�_�• ti}..-��.,^.A}^c�'i<'°a,°vkY•3,..�6't4,.
:. ;.
.': -• �` aril •` I % ' . ' .- �'-' -- `.;.
" wry 'iw.ZY'i 1 l .���' \\� •'.•y'S.-, •�
_y,_yA _ t. t P i• y � •T, •ycV.�Ji••�{Y'¢`'1. �/_,:.•\..-..y i+.•_,;••�.•' {o•,.
V4' _ ,•tee. :.�'•' n
_ _-. '•i _� :+moi^a_ ..—� �. �:.. r.\�' \:�:r'' .t.;..�� ��"'. •': ..-:
s : 'g - .�'.-.�q'is-• _ '•r. •"?`y:�. � ^' :y�;1s 't.:.�.��,
'St 'i: s fa• ,'k..� y, - yi�Y:.`i.;r.. •.y. ..:'S•' ~,�'-:t�.� •'a;V p �,
v: :. - � - _ n. .:. :. `.f:y .s:_••.\. .raves. .
- Exhibit"A" aiA^v
i