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Home My WebLink About09-01-2015 CityView Laurel Creek 178, LP - Irrevocable and Perpetual Offer to Dedicate Public Transit EasementRECORDING 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 (PUBLIC TRANSIT EASEMENT) THIS OFFER TO DEDICATE, made the Z6kk day of At4 q 2015, 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 public transit 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; 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 public transit purposes and incidental uses upon the following described property: SEE EXHIBIT B 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. 4. 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 By: I 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 On :� before '� � � personally appears y who proved to me to me on the basis of satisfactory evidence to be the person whose name�s"'j is /ate subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his /hl°reir authorized capacity[+esj and that by his /fir signature{] on the instrument the person�or the entity upon behalf of which the persot 4) 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 Notary Printed Name County of Commission No. ANGELA ADRIATIC0 Commission # 1974594 Notary Public - California z Los Angeles County n My Comm. Expires Ma 6, 2016 LEGAL DESCRIPTION 1:11 =7111111mv 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 A 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 -001 EXHIBIT "B" (Legal Description) Public Transit Easement Being that portion of Lot A 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 inclusive of Maps, in the Office of the County Recorder more particularly described as follows: Commencing at the Northwesterly corner of said Lot A of Tract 2707 as referenced by a 1 inch iron pipe with tag stamped "L.S. 5139 ", said corner also being on the Southerly right of way line of Orcutt Road; Thence Along the Southerly right of way line of Orcutt Road South 89° 01'47" East 31.32 feet to the True Point of Beginning; thence Continuing along said Southerly right of way line South 89° 01'47" East 94.36 feet; thence Leaving said Southerly right of way line South 0° 58'13 "West 10.00 feet; thence North 89° 01'47" West 94.36 feet; thence North 0° 58'13" East 10.00 feet to the True Point of Beginning. Contains 940 Square Feet, more or less The above described legal description is graphically shown on Exhibit "C," attached hereto and made a part hereof. Paul E. Reichardt, PLS 5693 (Exp. 9- 30 -15) Date a Laic. No, 5593 Expires 9130115 L ORCUTT ROAD POINT OF COMMENCEMENT FOUND 1" IP LS 5139 — T. P.O. B. S89° 01'47 "E 129.60' S89° 01' 47 "E _ S89° 01' 47 "E 94.36' 31.32' NO' 58' 13 "E_,% 10.00' N89° 01' 47 "W 94,36' I LOT A OPEN SPACE EASEMEI�C� I I LEGEND SO' 58' 13 "W 10.00' 1 01 )r �.�C.CCf7 PUBLIC TRANSIT EASEMENT SCALE: 1" = 30' 30 0 30 60 Al �{ P.O Ban 1197 I� G �/�y�{ Cambria,) 9)428 .! ■. �^3 ,'f� � 4 Ccll: (ROS) 441 -1152 Offce: (805) 927 -1754 r - T S89° 01'47"E 3.92' S 83' 54' 11 "E 33.38' ROW PROPERTY LINE LOT 1 ILOT 2 I aND RED( � Lic, No. 5693 1* Expires 9/30/15 10 L E. REICHARDT, PLS 5693 DATE EXHIBIT C job. no. 12470.000 CERTIFICATE OF ACCEPTANCE ,. THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable & Perpetual Offer to Dedicate (Public Transit Easement), dated August 26, 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. Date ATTEST: CITY OF SAN LUIS OBISPO aa�'- Mayo an Marx [City seal required] city of sari leis MEMORANDUM September 1, 2015 OBI spo 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 (20 10 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.