HomeMy WebLinkAbout09-01-2015 CityView Laurel Creek 178, LP - Irrevocable and Perpetual Offer to Dedicate Sacramento DriveRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF SAN LUIS OBISPO
PUBLIC WORKS DEPT.
919 PALM STREET
SAN LUIS OBISPO, CA 93401
IRREVOCABLE & PERPETUAL OFFER TO DEDICATE
(SACRAMENTO DRIVE)
THIS OFFER TO DEDICATE, made the I 8 t day of r2015, by
CityView Laurel Creek 178, L.P., a Delaware Limited Partnership, hereinafter termed
"OFFEROR ":
WHEREAS, said OFFEROR desires to make an offer to dedicate, irrevocably, to the
public, an easement for bridge abutment and public roadway purposes, 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:
SEE EXHIBIT A
2. That said OFFEROR does hereby irrevocably and in perpetuity offer to such
governmental entity a dedication of a public right -of -way for bridge abutment and
roadway purposes and incidental uses upon the following described property:
SEE EXHIBIT B
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 the 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.
CITYVIEW LAUREL CREEK 178, L.P., a Delaware limited partnership
By: CityView Laurel Creek, LLC,
a Delaware limited liability company,
its General Partner
B
Y
Sean Burton, Managing Director
NOTARY PUBLIC CERTIFICATE
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 S-A�-I4S-- QR16PE4-• LCE) hij6�s
On r� i "�� before m %& ,A _j r �4�11'� personally
appeared �]� I LtA ttLk— ')4'" 1 I who proved to me to
me on the basis of satisfactory evidence t the persoo whose namj is /afe subscribed to
the within instrument and acknowledged to me that he /she /they executed the same in
his/he, air authorized capacity:(.i and that by his /hefft-14air signaturefO) on the instrument the
person or the entity upon behalf of which the person) 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 of Nota
Printed Name
County of
Commission No. Commission Expiration
j„
ANGELA ADRIATICO
Commission # 1974594
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Notary Public - California z
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Los Angeles County n
My
Comm. Expires May 6. 2016
(Seal)
LEGAL DESCRIPTION
EXHIBIT "A"
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
Lot B of Tract 2707, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per
map recorded in Book 31, Pages 1 through 3, inclusive, of Maps, in the office of the County Recorder of said
County.
APN: 053 - 064 -002
(LEGAL DESCRIPTION)
OFFER OF DEDICATION
FOR BRIDGE ABUTMENT & PUBLIC ROADWAY PURPOSES
BEING THAT PORTION OF LOT B OF TRACT 2707, IN THE CITY OF SAN LUIS
OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN IN
BOOK 31, PAGES 1 THROUGH 3, OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT B OF TRACT 2707
AS REFERENCED BY A 1 -1/2" IRON PIPE WITH TAG STAMPED "L.S. 5693" AS
SHOWN ON THE MAP OF SAID TRACT 2707 SAID CORNER ALSO BEING ON THE
EASTERLY RIGHT OF WAY LINE OF SACRAMENTO DRIVE; THENCE
L1. CONTINUING ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID
LOT B AND EASTERLY RIGHT OF WAY LINE OF SACRAMENTO DRIVE
NORTH 45 053'28" WEST, 8.18 FEET; THENCE
L2. CONTINUING ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID
LOT B AND EASTERLY RIGHT OF WAY LINE OF SACRAMENTO DRIVE,
NORTH 46 007'22" WEST, 57.96 FEET, TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 170.00
FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 63 °37'50" WEST;
THENCE
C1. CONTINUING NORTHERLY 32.09 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 10 049'01" AND SAID SOUTHWESTERLY LINE OF LOT
B AND SAID EASTERLY RIGHT OF WAY LINE OF SACRAMENTO DRIVE;
THENCE
L3. ALONG THE NORTHWESTERLY LINE OF SAID LOT B, NORTH 74 °26'51"
EAST, 10.00 FEET; THENCE
L4. CONTINUING ALONG THE NORTHWESTERLY LINE OF SAID LOT B,
NORTH 55 "06'13" EAST, 5.31 FEET, TO THE BEGINNING OF A NON -
TANGENT CURVE, CONCAVE EASTERLY HAVING A RADIUS OF 155.00
FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 75 005'52" WEST;
THENCE
C2. SOUTHERLY 28.47 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 10 031'24 THENCE
L5. SOUTH 46 007'22" EAST, 55.31 FEET; THENCE
wv'(:
1-6. SOUTH 45 053'28" EAST, 12.33 FEET, TO A POINT ON THE
SOUTHEASTERLY LINE OF SAID LOT B; THENCE
1-7. ALONG SAID SOUTHEASTERLY LINE, SOUTH 59 °28'05" WEST, 15.56
FEET, TO SAID POINT OF BEGINNING
CONTAINS 1,449 SQUARE FEET, MORE OR LESS
THE ABOVE DESCRIBED LEGAL DESCRIPTION IS GRAPHICALLY SHOWN ON
EXHIBIT C, ATTACHED HERETO AND MADE A PART HEREOF.
I.]
rd
Lie. No. 5693
�Ir Expires MOM
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PAUL E. REICHA DT P.L.S. 5693 (EXP. 9 -30 -2015)
I. �DIoruov124 (' 000 i< Euo. C�aok ; a a. if idge"FXh!II)IT R don.
tJovornber :: 2004;
G
W
C
lL
a
LO
0
LOT A
C) Q
3f1' 1 217
COURSES AND DISTANCES
Line #
Direction
Length
Li
N45° 53'28"W
8.16'
L2
N46° OT 22 'W
57.96'
L3
N74° 20511T
10.00'
L4
N55" 06' 13"E
5.31'
L5
S46° 07' 22 "E
55.31'
L6
S45° 53'28"E
12.33'
L7
S59° 28' 05 "W
I 15.56'
Curve Table
Curve #
Length
Radius
Delta
C1
32.09'
170.00'
10 °49'01"
C2
28.47'
155.00'
10°31'24"
C
TRACY 3707
31 M.B. 1-3
LOT Q
LOT B
"�AS7a° 05' 52"W (R)
–C2 S64 °34'28 -W (R) C2
e"�—S63° 37'50"W (R) C1
L2 6 LOT 1
g M.B. 16
L1 7
POINT OF BEGINNING
FOUND 1 1/2" IRON PIPE WITH TAG
STAMPED "LS 5693" PER 31 MB 1-3
//�f�� r•4. no. 4?
■ L e� C"in (90 CA 93L2R
1 bill; (KI�J I r1.1I :I I •l
0
Lic. No. 5693
Expires 9/30/15
PAUL E. REICHARDT, PLS 5693 DATE
EXHIBIT C
job. no. 1247.000
INDICATES OFFER OF DEDICA'
FOR BRIDGE ABUTMENT AND
PUBLIC STREET PURPOSES.
(R) RADIAL
L�
SCALE: V=50'
0
50 100 200
//�f�� r•4. no. 4?
■ L e� C"in (90 CA 93L2R
1 bill; (KI�J I r1.1I :I I •l
0
Lic. No. 5693
Expires 9/30/15
PAUL E. REICHARDT, PLS 5693 DATE
EXHIBIT C
job. no. 1247.000
CERTIFICATE OF ACCEPTANCE
-1.
THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable &
Perpetual Offer to Dedicate (Sacramento Drive), dated August 18, 2015, from City View Laurel
Creek 178, L.P., a Delaware Limited Partnership 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.
Zb 15
Date
ATTEST:
CITY OF SAN LUIS OBISPO
(�� IL��
May r an Marx
[City seal required]
- city
"es SAn
MEMORANDUM
September 1, 2015
Of
LUIS OBISPO
Department of Community Development
TO: Shannon Sims, City Manager's Office
919 Palm Street, San Luis Obispo, CA 93401
FROM: Diane Dostalek, Engineering Consultant
783 -7704
SUBJECT: Tract 2707 Amending Map, 953 Orcutt - Easements and Agreement
The subject map for the Laurel Creek subdivision (formerly Tumbling Waters) was approved by
Council on September 7th, 2010, by Council Resolution No. 10216 (2010 Series). Due to the
economy, the engineering firm going out of business, and other factors, recordation of the
amending map was put on hold by the developer for all these years. Now they are restarting their
development and have requested that we record the map.
The attached documents were required as a condition of recording the amending map and need to
be signed by the Mayor
1. Biological Open Space Easement Agreement (signature need to be notarized and attested
to by City Clerk)
2. Public Transit easement on Orcutt (signature needs to be attested by City Clerk)
3. Street easement on Sacramento Drive for bridge abutments (signature needs to be attested
by City Clerk)
Once signed, please return the documents to me for further processing