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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 -ewe Notary Public - California z Z � 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 -volv N( "V I I;- 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