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HomeMy WebLinkAboutD-2007 Public Transit Easement Recorded 10.05.16TOMMY GONG RECEIVED San Luis Obispo County— Clerk/Recorder Rvtorded at the request of OCT 19 2015 Pubil's I St-0 CITY CLERK RECORDING REQU BY AND WHEN RECORDED RETURN TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 Doc #: 2015050475 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE (PUBLIC TRANSIT EASEMENT) AM 10/05/2015 10:26 AM Titles: 1 Pages: 6 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 THIS OFFER TO DEDICATE, made the 2-Cokk day of At4qwsf 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. D -1Zv07 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: c 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 � 7 personally appears � � who proved to me #o me on the basis of satisfactory evidence to be the person whose name�j isfaEfe subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislher�ttif authorized capacity(+esj and that by hislir signature on the instrument the personar the entity upon behalf of which the person 6) 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. T ANGELA ADRIATICO Commission # 1974594 z Notary Public - California z Los Angeles County n My Comm. Expires Ma 6, 2016 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 CAUFORNIA 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 affl Uc. No, 5653 Expires 9130115 O RC U TT ROAD - POINT OF COMMENCEMENT FOUND 1" IP LS 5139 - T. P.O.B. r 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' LOT A OPEN SPACE EASEMENT SO° 58' 13"W 10.00' S89° 01'47"E 3.92' S83' 54' 11 "E 33.38' -- ROW 18.02' PROPERTY LINE LOT 1 SLOT 2 AND, 0 LEGEND �� o Lic. No. 5693 PUBLIC TRANSIT EASEMENT * Expires 9/30/15 tp Cp,1,1��� SCALE: I"= 30' a7,1 . f 30 30 60 ALL E. REICHARDT, PLS 5693 DATE PO Box 1197 i err�j C"m16'" CA 97428 �"�'� Off; : (80441 -7152 Office: (805)927 -1754 EXHIBIT C 1 -1 1 'V` 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 CityView 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 Mayo an Marx [City seal required] END OF DOCUMENT