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Home My WebLink AboutD-2020 Irrevocable & Perpetual offer to dedicate street right of way (Rachel Court ) 01-08-16TOMMY GONG JAN 2 9 2016 San Luis Obispo County— ClerklRecorder Recorded at the request of Recording Request by �' C TT �' Ci . _ 5 Public and when recorded, return to: D 0 C # : 2016000862 1 Titles: 1 Pages: AG 1108/2016 11:55 AM City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 u Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 No fee per Government Code Section 27383 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE STREET RIGHT OF WAY (Rachel Court) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MI SLO Terrace, LLC, a Delaware limited liability company, hereinafter referred to as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for public street and utilities purposes, upon, over, under and across a portion of Lots 8 and 9 in Block 15 and Lots 17 and 18 in Block 11 of Buena Vista Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on map recorded October 20, 1887 and filed in Book A of Maps at Page 47 in the office of the County Recorder of said county, more particularly described as follows: See Exhibit A, attached hereto, for legal description and Exhibit B, attached hereto, for graphical depiction. IN WITNESS WHEREOF, OFFEROR hereunto caused its /their name(s) to be subscribed this QYtLI day of So&= MI SLO TERRACE, LLC A Delaware limited liability company By: MI BUILDERS, LLC A Delaware limited liability company Its: Manager By: GGCCB, LLC A California limited lj 'ility Wnpany Its: 0MACAYttiej M AC- C Dame: GXry Grossman Title: ManaRinfz Member (Attach Notary Certificate) (Attach Beneficiary Subordination) 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 000 before me, A &)(*V1k- ki) � RLbliG TDate Name and Title of the Offirifir personally appeared, ln_ a r o Name of Signer a) who proved to me on the basis of satisfactory evidence to be the person(g) whose name( Ware, subscribed to the within instrument and acknowledged to me that he/I;hoMiey executed the same in his /ha4beir authorized capacity(ies), and that by his /hw.Aieiir signature(s) on the instrument the person(s), 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. ANTONETTE CORDOVA WITNESS my hand and official seal. commission # 1993635 a .w- Notary Public - California z Santa Barbara County �, My Comm. Expires Oct 11, 2016 Signature Signature of Notary Public Place Notary Seal Above 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 , before me Date personally appeared, Name and Title of the Officer Name of Signer(s) 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. Signature Signature of Notary Public Place Notary Seal Above 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 AGREEMENT OF THE FOREGOING INSTRUMENT The undersigned beneficiary, under that certain deed of trust recorded on February 6, 2015, as Document No. 2015- 005219, in the 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 interests 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 the County in recordable form acceptable to such insuring title company partial re- conveyances as to any rights granted and to be granted to the City of San Luis Obispo pursuant to this instrument. Dated: a ( Z✓b L� TRUST DEED BENEFICIARY Wells Fargo Bank, National Association By: Vgul - - - - - Name: 12 i> Its: 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 Wis-GIbispo } On °I �o I I S before me, �,A'o� TA vl, vo Date Name and Title of th o cer personally appeared, Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose nameW isles subscribed to the within instrument and acknowledged to me that f}rr�lsheltlji executed the same in hi ,Aerltheir authorized capacity(,i , and that by h4her/tVir signatureK 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. �rfatirr�rruurrrrrrurrrrr �rrnrrrrn rr KATIDIA HARa WITNESS my hand and official seal. COMM. #2011778 NOTARY PUMM - CALIFORNIA !A$ As3Ek0$ COUNTY My CDmmso fx1re8 03114017 Signature itrrrunnrurrrrrnrrrrt atr�rrnrunr Signature of Notary Public Place Notary Seal Above EXHIBIT " "A" LEGAL DESCRIPTION RIGHT -OF -WAY PARCEL 1 That portion of Lots 8 and 9 in Block 15 of the Buena Vista Addition to the City of San Luis Obispo, in the city of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map filed in Book A of Maps at Page 47 in the office of the County Recorder of said County more particularly described as follows: Commencing at a 5/8" rebar and cap "'LS 5702" set to mark the intersection of the centerline of Bushnell Street with the south right -of -way of Rachel Court as shown on the map filed in Book 106 of Records of Surveys at Page 39, records of said County; thence along said south right -of -way of Rachel Court South 89 02531" West, 30.00 feet to the True Point of Beginning; thence continuing along said south right -of -way of Rachel Court South 89 125'31" West, 75.17 feet; thence leaving said right -of -way along the arc of a tangent curve to the right having a radius of 14.00 feet, through a central angle of 042 050'00 ", the radius point of which bears South 00 034'29" East, and a radial line out bears North 42 015'32" East, for an arc length of 10.47 feet; thence along the arc of a reverse curve to the left having a radius of 46.00 feet, through a central angle of 091 010'47 ", the radius point of which bears North 42 015'32" East, and a radial line out bears South 48 055'16" East, for an arc length of 73.20 feet to the west right -of -way of Bushnell Street; thence along said right -of -way North 0 002'05" West, 0.57 feet to the True Point of Beginning. The above described Parcel 1 contains 778 square feet more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein by reference. PARCEL 2 That portion of Lots 17 and 18 in Block 11 of the Buena Vista Addition to the City of San Luis Obispo, in the city of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map filed in Book A of Maps at Page 47 in the office of the County Recorder of said County more particularly described as follows: Commencing at a 5/8" rebar and cap "LS 5702" set to mark the southeast corner of said Lot 18 as shown on the map filed in Book 106 of Records of Surveys at Page 62, records of said County; thence along the north right -of way of Rachel April 27, 2015; 11:38 AM Page 1 of 2 MA12 -141 Rachel Court-SLO Terrace\Legal Descriptions for Easements \1 - Exhibit A- Right -of- Way.docx Randy Ellison Court South 89 °25'31" West, 2.54 feet to the True Point of Beginning; thence continuing along said north right -of -way of Rachel Court South 89 025'31" West, 71.66 feet; thence leaving said north right -of -way along the arc of a tangent curve to the left having a radius of 14.00 feet, through a central angle of 49 010'04 ", the radius point of which bears North 00 °34'29" West, and a radial line out bears South 49 044'33" East, for an arc length of 12.01 feet; thence along the arc of a reverse curve to the right having a radius of 38.00 feet, through a central angle of 107 024'39 ", the radius point of which bears South 49 044'33" East, and a radial line out bears North 57 040'07" East, for an arc length of 71.24 feet to the True Point of Beginning. The above described Parcel 2 contains 828 square feet more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein by reference. Michael B. Stanton, PLS5702 Date AND * \ \LIC NO 5702j/*, C April 27, 2015; 11:38 AM Page 2 of 2 MA12 -141 Rachel Court -SLO Terrace\Legal Descriptions for Easements \1 - Exhibit A- Right -of- Way.docx Randy Ellison w E rn° M EXHIBIT RACHE� ST. I s A Z m r A 0 I� I 25' 25' S89 I A= 91'10'47" R= 46.00' C4 N00'02'05 "W 0.57' " TPOB S89'25'31 "W 30.00'�'i PARCEL 1 -� BU HILL ST — U POC PARCEL 1 Co w N Waza:c �)w r „B,. �--,-0= 107'24'39 R= 38.00' TPOB °� �•" PARCEL J2 4 ^ S89'25'31 "W 2.28' IfII L= 71.24' f ---POC PARCEL 2 57'40'07 "E RADIAL i r MICHAEL B. STANTON, PLS 5702 50 GRoAPHI C SC 5oE 1c ILJnV" ^IJI ° 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 1 inch = 50 feet ■ 805- 594 -1960 April 27, 2015 JOB #12 -141 1 —ROW w cn J1 I � N00'34'29 "W RADIAL A= 42'50'00" R= 14.00' L=10.47'-----) PARCEL 1 / 778± SQ FT s A Z m r A 0 I� I 25' 25' S89 I A= 91'10'47" R= 46.00' C4 N00'02'05 "W 0.57' " TPOB S89'25'31 "W 30.00'�'i PARCEL 1 -� BU HILL ST — U POC PARCEL 1 Co w N Waza:c �)w r „B,. �--,-0= 107'24'39 R= 38.00' TPOB °� �•" PARCEL J2 4 ^ S89'25'31 "W 2.28' IfII L= 71.24' f ---POC PARCEL 2 57'40'07 "E RADIAL i r MICHAEL B. STANTON, PLS 5702 50 GRoAPHI C SC 5oE 1c ILJnV" ^IJI ° 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 1 inch = 50 feet ■ 805- 594 -1960 April 27, 2015 JOB #12 -141 1 —ROW CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable & Perpetual Offer To Dedicate Street Right Of Way (Rachel Court) dated q - Z Y , 2015 . from MI SLO Terrace, LLC, a Delaware limited liability company, is hereby accepted, upon completion of public improvements, 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 Offeree consents to recordation thereof by its duly authorized officer or his agent. 11- I6 -Zols Date CITY OF SAN LUIS OBISPO Mayor , Marx [City seal required] END OF DOCUMENT