HomeMy WebLinkAboutr10344acceptingmadonnainnbikepathimprovementsauthorizingmayortosigneasementagreementRESOLUTION NO . 10344 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTIN G
THE MADONNA INN BIKE PATH IMPROVEMENTS AND AUTHORIZIN G
THE MAYOR TO SIGN THE EASEMENT AGREEMENT
WHEREAS,the City Council approved a Memorandum of Understanding concernin g
the Madonna Inn Bike Path ; an d
WHEREAS,the developer has satisfactorily completed the improvements for the bik e
path in accordance with the approved plans, permits, City standards, and MOU, and ha s
requested acceptance of the public improvements for maintenance and operation by the City ; and
WHEREAS,the developer has offered an easement for the operation of the bike path as
set forth in Exhibit A hereto .
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Lui s
Obispo as follows :
SECTION 1 .The City Council hereby accepts the Madonna Inn Bike Pat h
improvements for city maintenance in accordance with the easement agreement .
SECTION 2 .The City Council hereby approves the easement agreement attached heret o
as Exhibit A and authorizes the Mayor to sign the agreement .
SECTION 3 .The City Clerk shall cause said easement agreement to be recorded .
Upon motion of Vice Mayor Carpenter, seconded by Council Member Ashbaugh, and o n
the following vote :
AYES :
Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter an d
Mayor Marx
NOES :
None
ABSENT : None
The foregoing resolution was adopted this 3rd day of Apr
ATTEST :
R 10344
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RECORDING REQUESTED BY AN D
WHEN RECORDED RETURN TO :
City of San Luis Obisp o
Public Works/Development Revie w
919 Palm Street
San Luis Obispo, CA 93401-324 9
DEED OF PRIVATE EASEMENT AGREEMEN T
FOR PUBLIC PURPOSES – PEDESTRIAN/BICYCLE ACCES S
This Easement Agreement, is made and entered into this day o f
, 2011, by and between Madonna Properties LLC, a California limite d
liability company, as to Parcel 1 described in the attached preliminary title report prepared by Firs t
American Title Company dated August 30, 2011 ("Title Report"); and Parcel 2 and 4 of said titl e
report ; Pearce Madonna Partnership, a California Limited Partnership, as to Parcel 3 of said titl e
report, hereinafter collectively called "Owners", and the CITY OF SAN LUIS OBISPO, a municipal
corporation of the State of California, hereinafter called "City".
WITNESSETH
WHEREAS, Owners possess certain property (the "Subject Property") situated within th e
City of San Luis Obispo, described in Title Report as follows : Parcel 1 : (Parcel A of Certificate o f
Compliance 1985-070661) (A .P .N .: 004-511-010 and 004-511-021); Parcel 2 : (A .P .N .: 004-511-00 1
and 073-351-034); Parcel 3 (Certificate of Compliance 2008-033187) (A .P .N .: 073-351-035); Parcel
4 (Assessor's Parcel Number Not Yet Assigned).
WHEREAS, a Class I bicycle path has been constructed on the Subject Property that wil l
provide a physical connection for bicyclists and pedestrians and for City emergency or maintenanc e
vehicle access between the public right of ways beginning/ending at Marsh Street and Madonn a
Road, and
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WHEREAS, an offer of dedication of a pedestrian/bicycle easement was required pursuant t o
the City of San Luis Obispo City Council Resolution No . 8965 (1999 Series),the Memorandum of
Understanding Among San Luis Obispo County Air Pollution Control District, City of San Luis
Obispo and Madonna Enterprises (February 2008), and in fulfillment of the Air Quality Mitigatio n
Measure AQ/mm-11 a as stated in the Final Environmental Impact Report for the Irish Hills Plaz a
project which identified and authorized the bicycle path extension ; and
WHEREAS, Owners have offered to dedicate this pedestrian/bicycle easement and restric t
Owners' use of and activities on the Subject Property through the imposition of a perpetua l
pedestrian/bicycle easement with the terms and conditions hereinafter set forth .
NOW THEREFORE, in consideration of the above recitals, in compliance with th e
Resolution, Memorandum of Understanding and Mitigation Measure, and in further consideration o f
the mutual promises, covenants and the conditions herein contained and the substantial publi c
benefits to be derived there from, the parties agree as follows :
1 .
Owners hereby grant to City a bicycle/pedestrian easement ("Easement") as described o n
Exhibits A and B (Pearce) as to Parcel 3 of said title report and Exhibits A-1 and B-1
through B-6 (Madonna Inn) as to Parcels 1, 2, and 4 of said title report over the Subjec t
Property. Said grant of Easement conveys to City an estate and interest in the Subject
Property. The purpose of the Easement is to provide a physical extension of City's
bicycle and pedestrian path (hereinafter the `Bicycle Path Extension"), to allow the Cit y
to operate and maintain the bicycle path extension, and for City emergency o r
maintenance vehicle access (collectively referred to as "Easement Purposes").
2 .
The restrictions hereby imposed upon the use of the Easement by Owners shall be, a s
follows :
a.The Bicycle Path Extension and associated improvements such as pathway lighting ,
conduit, and drainage improvements may be constructed by Owners within th e
Easement . Said encroachment shall be subject to review and approval by the City's
Public Works Department .
b.No signs, billboards, or similar structures or devices or advertising of any kind o r
nature may be located on or in the Easement unless approved by the City .
c.Owners shall not plant or permit to be planted any vegetation within the Easement ,
except for erosion control, fire protection, or soil stabilization as allowed or approve d
by City's Natural Resources Manager or his/her designee .
d.Owners shall not act or omit to act in any manner that interferes with the Easemen t
Purposes without first obtaining the City's written permission .
3 .
This Easement shall remain in effect in perpetuity . However, if City, at any time ,
abandons use of the Easement for a period of twelve consecutive months the Easemen t
shall be deemed forfeited and this Easement Agreement terminated in full . However ,
before the Easement is deemed forfeited and this Easement Agreement terminated ,
Owners shall provide notice to the City and allow the City 30 days to reclaim its right s
under the Easement and this Easement Agreement .
4
Land uses permitted or reserved to Owners by this grant shall be subject to the ordinance s
of City regulating the use of land .
5 .
City agrees to maintain the requisite liability insurance needed to reasonably protec t
Owners from all liability arising from use, operation and maintenance of the Easemen t
3
for Easement Purposes by the City, and its agents, employees, volunteers or invitees ,
name Owners as additional insured, and hold harmless Owners in perpetuity from action s
by the City, its agents, employees, volunteers or invitees arising from the use, operatio n
or maintenance of the Easement for Easement Purposes and not caused by the sole o r
active negligence of Owners . Upon request, City shall provide Owners with writte n
proof of such insurance .
6.
City agrees to maintain, repair and replace only the Bicycle Path Extension and relate d
improvements, including drainage improvements, on Subject Property that is used solel y
for Easement Purposes and is not used for any other purpose . City shall have the right o f
access to maintain, repair and replace the Bicycle Path Extension and relate d
improvements, including drainage improvements, as needed to provide for pedestrian an d
bicycle access within the Easement in perpetuity pursuant to the Maintenance ,
Monitoring & Construction (City of San Luis Obispo Bicycle Transportation Plan, Ma y
2002, rev . February 2007). City agrees that its obligation to maintain, repair and replac e
contained herein shall be to maintain, repair and replace in a manner consistent with tha t
needed to maintain the Bicycle Path Extension and related improvements to or better tha n
the condition it is in at the time this Easement is accepted and recorded .
7.
City specifically agrees to maintain, repair and replace the fencing along the bicycle pat h
extension in a manner consistent with or better than its condition at the time thi s
Easement is accepted and recorded with the exception that, to the extent said fencin g
incurs damage that is not a result of Easement Purposes, Owners shall be responsible fo r
the maintenance, repair and replacement of that portion of the fencing incurring suc h
damage .
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8.
Except as expressly provided in Paragraph 5 or elsewhere herein, Owners and City shall ,
to the fullest extent permitted by law, indemnify and hold each other harmless agains t
any and all costs, expenses, losses, claims, suits, damages, and liabilities (includin g
reasonable attorney's fees) for acts or omissions arising out of or in connection with thi s
Easement Agreement .
9.
The terms and conditions contained herein shall be binding on the parties hereto and thei r
heirs, successors and assigns .
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and yea r
first written above .
OWNERS / GRANTOR S
By:
oho-sttca....--'
Phyl s Madonn a
Madonna Properties, LL C
By : Q .°
Clint Pearce
Connie Pearce
Pearce Madonna Partnership
Pearce Madonna Partnershi p
ALL SIGNATURES MUST BE NOTORIZE D
CITY OF SAN LUIS OBISPO
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ATTEST :
CITY CLERK Elaina Cano
By :
ATTORNEY Christine Dietrick
6
1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEN T
State of California
County of t5~th/
On ~iow before me,l7"3 7C./12(Date Her Insert Na m
personally appeared JGu~/&GC‘,i
Na a igner(s )mii,a%We.
who proved to me on the basis of satisfactory evidence t o
be the person(s) whose name(s)0/are subscribed to th e
within instrument and acknowledged to me tha t
lae. slaeithey executed the same in his4uaritheir authorized
capacity(ies), and that by his/hcr/their signature(s) on th e
instrument the person(s), or the entity upon behalf o f
which the person(s) acted, executed the instrument .
I certify under PENALTY OF PERJURY under the law s
of the State of California that the foregoing paragraph i s
true and correct .
}
v,P/rill t the Office r
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8 .K . MCGONAGIL L
Commission #1856362
Notary Public - Californi a
San Luis Obispo County
Comm. Expires Jul 27 2013
Place Notary Seal Above
Title or Type of Document :
Capacity(ies) Claimed by Signer(s )
Though the information below is not required by law, it may prove valuable to persons relying on the documen t
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Documen t
Document Date :q–9 -A(///i
4/±,
_~/Number of Pages :
/~Signer(s) Other Than Named Above :(ae/a.2/2i (®,i /'7'7'2
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RIGHT THUMBPRINTOF SIGNER
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Signer's Name :
q Individua l
q Corporate Officer — Title(s):
q Partner —q Limited q Genera l
q Attorney in Fac t
q Trustee
q Guardian or Conservato r
q Other :
Signer Is Representing :
Signer's Name :
q Individua l
q Corporate Officer — Title(s):
q Partner —q Limited q Genera l
q Attorney in Fac t
q Truste e
q Guardian or Conservato r
q Other :
Signer Is Representing :
RIGHT THUMBPRIN TOF SIGNER
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1
STATE OF` CALIFORNIA
)
s
COUNTY OF SAN LUIS OBISPO )
On April 10, 2012,before me Sheryl' Schroeder,Interim City Clerk, personally appeare d
Jan Marx,Mayor, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactor y
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument an d
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 o f
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 this 11 `h day of April, 2012 .
Signature e...-.eeA-.sC;..teit.?,e,,
heryll Schroeder, Interim City Clerk
1
STATE OF CALIFORNIA )
)s s
COUNTY OF SAN LUIS OBISPO )
On April 10, 2012,before me Sheryll Schroeder,Interim City Clerk,personally appeared
Christine Dietrick, City Attorney, CITY OF SAN LUIS OBISPO, who proved to me on the basi s
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the withi n
instrument and acknowledged to me that he/she/they executed the same in his/her/thei r
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), o r
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 th e
foregoing paragraph is true and correct .
Witness my hand and official seal this 11 `"day of April, 2012 .
dt L
ity Clerk
Per Civil Code 1181
(Seal)
EXHIBIT A
(PEARCE )
A portion of Parcel 2 of COAL 07-0007 in the City and County of San Luis Obispo, Stat e
of California as described in document recorded as Instrument No . 2008-033187 in th e
office of the County Recorder of said County, being more particularly described a s
follows :
Beginning at an angle point in the state highway right-of-way of Highway 101 at statio n
29+00, 350 .00 feet left as shown on State Highway Right-of-Way map 05-SLO-101-28 .0 ;
Thence, along said state highway right-of-way South 38°10'30" West 217 .31 feet to a n
angle point in said state highway right-of-way at station 27+00, 435.00 feet left as shown
on said State Highway Right-of-Way map ;
Thence, continuing along said state highway right-of-way South 07°08'40" East 65 .5 5
feet to a point, said point being True Point of Beginning of an easement for publi c
pedestrian and bike path purposes 22 .00 feet wide lying 11 .00 feet on each side of th e
following described centerline . The sidelines of said easement are to be extended o r
shortened to terminate at the said state highway right-of-way line . Said True Point of
Beginning also being the beginning of a non-tangent curve concave to the east an d
having a radius of 209 .67 feet and to which point a radial bears North 77°47'58" West ;
Thence, leaving said state highway right-of-way and southerly along said curve throug h
a central angle of 19°14'37" 70 .42 feet to the end of said curve, and to which point a
radial bears South 82°57'25" West ;
Thence, South 07°10'40" East 361 .64 feet to the beginning of a tangent curve concav e
to the west and having a radius of 808 .00 feet ;
Thence, southerly along said curve through a central angle of 6°56'40" 97 .93 feet to a
point on the south line of said Parcel 2, and to which point a radial bear s
North 89°46'00" East . Said point also being the Point of Terminus of said easemen t
centerline, the sidelines of which are to be extended or shortened to terminate at sai d
south line of said Parcel 2 .
End of Description .
The description above is shown graphically on the attached Exhibit B, and made a par t
hereof.
_EXHIBIT.8
i v " E '03
I \I
01
P08: STATE HIGHWAY 101 R.O. W.ANGLE POINT AT STAT/ON /la 29+00 350 'LEFT PER R 1ImpI
PARCEL 2 Of
INSTRUMENT NO.
2008-033/87 STATE H/GHWA Y 10 1R. O. W ANGLE P O / N T A TSTAT/ON 27+00,435 'LEFT PER R 122.00 'WOE PUBL/CPEDESTR/AN ANDB/KE PATH EASEMENT
N 157J9 00"E230.33'R1
P08
POT FOUND 1 ''/RON PIPEW/7H TAG STAMPED RCE6923 PER 12-LS-37
STA it H/GHWA Y 101R.O.W. ANGLE PO/NT A TSTA770N 22+00,
230 'LEFT PER R1
us HIGHWAY 10 1
0
LEGEND:
R1 DENOTES RECORD PER STATE H/GHWA Y R/GHT OF WAY MAP 05-SW-101-28.0P08DENOTES PO/NT OF BEG/NN/NGTPOBDENOTES TRUE PO/NT OF BEG/NN/NGPOTDENOTES PO/NT OF TERM/NUSRAD DENOTES RADIAL BEAR/NG
DENOTES FOUND 6X6 CONCRETE HIGH WA Y R/GHT-OF-WA Y MONUMENT
NO SCAL E
McMilla n
LAND SURVEYS
2306 BROAD STREE TSANLUIS OB/SPO, CA 93401805-541-1663 FAX541-1664DA TE.. 06-29-2011 JOB #448-05
EXHIBIT A-1
(MADONNA INN )
A portion of Blocks 147, 148, and 149 of J . Harford's Addition to the City of San Lui s
Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California a s
shown on map recorded in Book A of Maps, at Page 123 in the office of the Count y
Recorder of said County, and a portion of Lot DD of the re-subdivision of Lots 58 and 61 -
65 of J .T . Stratton's Subdivision of the Ranchos Canada De Los Osos and La Laguna i n
the City of San Luis Obispo, County of San Luis Obispo, State of California as shown o n
map recorded in Book A of Maps, at Page 161 in the office of said County Recorder ,
being more particularly described as follows :
Beginning at an angle point in the state highway right-of-way of Highway 101 at statio n
29+00, 350 .00 feet left as shown on State Highway Right-of-Way map 05-SLO-101-28 .0 ;
Thence, along said state highway right-of-way South 38°10'30" West 217 .31 feet to a n
angle point in said state highway right-of-way at station 27+00, 435 .00 feet left as shown
on said State Highway Right-of-Way map ;
Thence, continuing along said state highway right-of-way South 07°08'40" East 65 .55
feet to a point, said point also being the beginning of a non-tangent curve concave to th e
east and having a radius of 209 .67 feet and to which point a radial bears North 77°47'58 "
West ;
Thence, leaving said state highway right-of-way and southerly along said curve throug h
a central angle of 19°14'37" 70 .42 feet to the end of said curve, and to which point a
radial bears South 82°57'25" West ;
Thence, South 07°10'40" East 361 .64 feet to the beginning of a tangent curve concav e
to the west and having a radius of 808 .00 feet ;
Thence, southerly along said curve through a central angle of 6°56'40" 97 .93 feet to a
point on the south line of Parcel 2 as described in document recorded as instrument No .
2008-033187 in the office of the County Recorder of said County, and to which point a
radial bears North 89°46'00 East . Said point also being the True Point of Beginnin g
of an easement for Public Pedestrian and Bike Path purposes 22 .00 feet wide lyin g
11 .00 feet on each side of the following described centerline, the sidelines of sai d
easement are to be extended or shortened to terminate on the said south line of sai d
Parcel 2 ;
Thence, continuing southerly along said curve through a central angle of 1°07'28" 15 .8 6
feet to the end of said tangent curve ;
Thence, South 00°53'28" West 346 .52 feet to the beginning of a tangent curve concav e
to the west with a radius of 1003 .00 feet ;
Thence, southerly along said curve through a central angle of 13°29'17" 236 .12 feet t o
the end of said curve ;
1 Thence, South 14°22'45" West 165 .45 feet to the beginning of a tangent curve concav e
to the east and having a radius of 5007 .00 feet ;
Thence, southerly along said curve through a central angle of 4°45'42" 416 .12 feet to th e
end of said curve, and to which point a radial bears North 80°22'57" West ;
Thence, South 10°10'21" West 410 .75 feet to the beginning of a non-tangent curve
concave to the east having a radius of 33 .25, and to which point a radial bears Nort h
79°49'39" West ;
Thence, southerly along said curve through a central angle of 7°27'17" 4 .33 feet to a
point at the end of said curve and to which point a radial bears North 87°16'56" West ;
Thence South 04°13'11" West 82 .78 feet to a point ;
Thence, South 03°07'45" West 35 .56 feet to the beginning of a non-tangent curve
concave to the west having a radius of 8935 .50 feet and to which point a radial bear s
South 87°07'36" East ;
Thence, southerly along said curve through a central angle of 0°33'18" 86 .57 feet to th e
end of said curve, and to which point a radial bears South 86°34'17" East ;
Thence, South 06°36'13" West 20 .81 feet to the beginning of a non-tangent curve
concave to the west and having a radius 230 .00 feet and to which point a radial bear s
South 84°58'23" East ;
Thence southerly along said curve through a central angle of 12°34'58" 50 .51 feet to th e
end of said curve, and to which point a radial bears South 72°23'25" East ;
Thence, South 18°30'52" West 11 .77 feet to a point at the beginning of a non-tangent
curve concave to the east having a radius of 73 .00 feet and to which point a radial bears
North 72°16'14" West ;
Thence southerly along said curve through a central angle of 16°17'01" 20 .75 feet to th e
end of said curve, and to which point a radial bears North 88°33'16" West ;
Thence, South 01°06'58" East 59 .56 feet to a point ;
Thence, South 00°53'28" East 23 .65 feet to the beginning of a non-tangent curve
concave to the west and having a radius of 255 .00 feet and to which point a radial bear s
South 86°15'48" East ;
Thence, southerly along said curve through a central angle of 8°44'41" 38 .92 feet to th e
end of said curve, and to which point a radial bears South 77°31'06" East :
Thence South 17°52'45" West 20 .74 feet to a point ;
Thence South 09°44'00" West 23 .67 feet to a point ;
Thence South 05°18'22" West 37 .16 feet to a point ;
Thence South 08°52'16" West 50 .95 feet to the beginning of a tangent curve concave t o
the west having a radius of 90 .00 feet ;
Thence southerly along said curve through a central angle of 57°10'20" 89 .81 feet to th e
end of said curve ;
Thence, South 66°02'35" West 58 .27 feet to the beginning of a tangent curve concave t o
the south having a radius of 64 .00 feet ;
Thence, southwesterly along said curve through a central angle of 38°47'19" 43 .33 fee t
to a point at the end of said curve ;
Thence, South 27°15'17" West 32 .49 feet to a point ;
Thence, South 34°53'46" West 35 .81 feet to a point ;
Thence, South 44°18'28" West 23 .87 feet to the beginning of a non-tangent curv e
concave to the northwest having a radius of 1042 .00 feet and to which point a radia l
bears South 43°41'51" East ;
Thence, southwesterly along said curve through a central angle of 3°54'30" 71 .08 feet to
the beginning of a reverse curve concave to the southeast having a radius of 153 .00
feet ;
Thence, southwest along said reverse curve through a central angle of 17°41'11" 47 .2 3
feet to the end of said reverse curve ;
Thence, South 32°31'28" West 51 .74 feet to the beginning of a non-tangent curv e
concave to the northwest having a radius of 961 .00 feet, and to which point a radia l
bears South 49°15'38" East ;
Thence, southwest along said curve through a central angle of 6°08'11" 102 .92 feet to
the end of said curve, and to which point a radial bears South 43°07'23" East ;
Thence, South 47°38'39" West 35 .32 feet to the beginning of a tangent curve concave t o
the north having a radius of 166 .00 feet ;
Thence, west along said curve through a central angle of 26°07'18" 75 .68 feet to the en d
of said curve, and to which point a radial bears South 16°14'04" East ;
Thence, South 72°16'21" West 16 .78 feet to the beginning of a non-tangent curv e
concave to the north having a radius of 295 .00 feet and to which point a radial bear s
South 16°26'21" East ;
Thence, west along said curve through a central angle of 7°34'20" 38 .99 feet to the en d
of said curve, and to which point a radial bears South 08°52'01" East ;
Thence, South 79°58'47" West 31 .18 feet to the Point of Terminus of said easement
centerline, the sidelines of said easement to terminate at right angles to said Point of
Terminus .The description above is shown graphically on the attache d
Exhibits B-1 through B-6, and made a part hereof .
Together with a portion of a portion of Lot DD of the re-subdivision of Lots 58 and 61-6 5
of J .T . Stratton's Subdivision of the Ranchos Canada De Los Osos and La Laguna in th e
City of San Luis Obispo, County of San Luis Obispo, State of California as shown o n
map recorded in Book A of Maps, at Page 161 in the office of said County Recorder ,
being more particularly described as follows :
Beginning at the said mentioned Point of Terminus ;
Thence, North 10°01'13" West 7 .01 feet to a point, said point being the True Point o f
Beginning of a variable width easement for Public Pedestrian and Bike Path purposes ;
Thence, South 79°16'22" West 25 .37 feet to the beginning of a non-tangent curv e
concave to the east having a radius of 184 .00 feet and to which point a radial bears
North 84°40'02" West ;
Thence, south along said curve through a central angle of 6°19'13" 20 .30 feet to the en d
of said curve and to which point a radial bears South 89°00'45" West ;
Thence, South 01°34'41" East 77 .21 feet to the beginning of a non-tangent curv e
concave to the east having a radius of 80 .00 feet and to which point a radial bears
South 88°46'02" West ;
Thence, south along said curve through a central angle of 23°11'06" 32 .37 feet to a poin t
on the state highway right-of-way line as shown on State Highway Right-of-Way Ma p
05-SLO-101-27 .4 and to which point a radial bears South 65°34'56" West ;
Thence, along said state highway right-of-way line South 67°52'04" East 12 .46 feet t o
the beginning of a non-tangent curve concave to the east having a radius of 72 .00 fee t
and to which point a radial bears South 58°21'48" West ;
Thence, leaving said state right-of-way line, north along said curve through a centra l
angle of 30°24'14" 38 .21 feet to the end of said curve and to which point a radial bear s
South 88°46'02" West ;
Thence, North 01 °34'41" West 70 .53 feet to the beginning of a non-tangent curv e
concave to the southeast having a radius of 20 .00 feet and to which point a radial bear s
North 85°54'09" West ;
Thence, north along said curve through a central angle of 56°31'04" 19 .73 feet to th e
end of said curve and to which point a radial bears North 29°23'06" West ;
Thence North 79°41'04" East 9 .96 feet to a point ;
Thence, North 10°01'13" West 13 .93 feet to the True Point of Beginning .
End of Description .
The description above is shown graphically on the attache d
Exhibits B-5, and B-6, and made a part hereof .~~.. No . •729 ~~
OF CAO'-3 -t
4
EXAM/T R-1
PARCEL 2 OE
INSTRUMENT NO.
200 —033187 R=2p9.67N
d=19 4'37
_70.42'
2200 'WIDE PUBLICPEDESTRIAN AND
BIKE PA 7H EASEMEN T
Cl:
R=808.00' I ad=1V7'28
L=15.86 '
"E
519.23 Rl
us NiGRW '
11 LEGEND:
R1 DENOTES RECORD PER STATE HIGHWAY RIGHT OF WAY MAP 05 —SLD—101—28.0POBDENOTESPOINT OF BEGINNINGTPOBDENOTES TRUE PO/NT OF BEGINNINGPOTDENOTESPOINT OF TERM/NUSRAD DENOTES RADIAL BEARING
DENOTES FOUND 6X6 CONCRETE HIGHWAY RIGHT—OF—WAY MONUMENT
KEITH
STATE HIGHWAY 101R.O.W. ANGLE POINT A TSTATION 27+00,
435 'LEFT PER R 1
FOUND 1 "/RON PIPE1+17H TAG STAMPED RCE6923 PER 12-LS-37C1
STATE HIGHWAY 10 1R.O. W. ANGLE PO/NT A TSTA77ON 22+00,
230 'LEFT PER R1
POB: STATE H/GHWA Y 101 R.O.W.ANGLE POINT AT STATION
29+00 350 'LEFT PER R1
McMilla n
LAND SURVEYS
2306 BROAD STREE TSAN LUIS OB/SPO, CA 9340 1805541-1663 FAX541-1664DATE 07-29-2011 306#448-05
NO SCAL E
N 15V9 00°E230.33'R
I POB
PORTION OF' BLOCK
147 OP Al —MB—123
AP/v 004—511—00 1
.L~~HZRZT B-2
PARCEL 2 OP
INSTRUMENT NO.
2008—03318 7
,3--I f tt?,cc.I
KEITH MCM/LLA L .S. 6729
Cl:N 1
R=808.00'
A=107'28 "
L=15.86 '
I JI~
I ~
al'R=5007.00 'A=4'445 '42''I aL=416.12'
R 5080pd=9 083o "L=81053'
i(o
l y
1 (4
hi'C2:
R=1003.00 '
1=1329 '17"L=236.12'
2200 'WOE PU8L/C
PEDESTR/AN AND B/KE
PATH EASEMEN T
S
00'29'30"E--519.23'R 1
STATE H/GHWA Y 10 1
R.O.W. ANGLE PO/NT A T
STA77ON 17+00,
90 'LEFT PER R1
STATE H/GHWA Y 101
C1 R. O. W ANGLE PO/NT A T
STA77ON 22+00,
230 'LEFT PER R 1
NO SCAL E
McMillan
LAND SURVEYS
2306 BROAD STREET
SAN LUIS OB/SPO, CA 9340 1
805-541-1663 FAX541-1664
VA TE.' 07-2 2011 3OB,#448-05
(R1)
LEGEND:
123640""W 225.64' RI
STATE H/GHWA Y 101 R.O.W.
ANGLE PO/NT AT STA77ON
US H/GHPYA
14+74.17 80 'LEFT PER R1(CALC)
.r l o
R1 DENOTES RECORD PER STATE H/GHWA Y R/GHT OF WAY MAP 05-SLO-101-2Z 7
POB DENOTES PO/NT OF BEG/NN/NG
TPOB DENOTES TRUE PO/NT OF BEG/NN/NG
POT DENOTES PO/NT OF TERM/NUS
RAD DENOTES RADIAL BEAR/N GaDENOTES FOUND 6X6 CONCRETE H/GHWA Y R/GHT-OF- WA Y MONUMENT
I (n
I (4iVC2:
R=1003.00'I n~
d=1329 '17"L\
L=236.12'a
S-i-r2:2--tre-hr 7 364,
STATE H/GHWA Y 101 R. O. W.
ANGLE PO/NT AT STA TION
6+76.82 80 'LEFT PER R1(CALC)
R080.00 'd=9 '08 '30 ''L10.53 '53'R1-14
(
N I
JS HIGHWAY 101 1c
PORTION OF' BLOCK
148 OF" A -NIB-12 3
Al PN 004-511-00 1
2200 'WIDE PUBLIC
PEDESTR/AN AND B/KEPATH EASEMENT
PORTION OP BLOCK
147 OP A ---NIB 1 B 3
APN 004--311--00 1
LEGEND:
R1 DENOTES RECORD PER STATE HIGHWAY R/GHT OF WAY MAP 05—SL 0—101—27 .7
POB DENOTES PO/NT OF BEG/NN/NG
TPOB DENOTES TRUE PO/NT OF BEG/NN/NG
POT DENOTES POINT OF TERM/NUS
RAD DENOTES RADIAL BEAR/NG0DENOTES FOUND 6X6 CONCRETE H/GHWA Y R/GHT—OF—WAY MONUMENT
STATE H/GHWA Y 101 R . O.W
ANGLE POINT AT STATION
14+74.17 80 'LEFT PER R1(CALC)
NO SCALE
2306 BROAD STREET
SANLU/S OB/SPO, CA 9340 1
805-541-1663 FAX54I-1664
DATE.' 07-29-2011 JOB #448-0 5
McMillan
LAND SURVEYSC
PORT/ON OF LO T
DD PER A -MB-15 I
004-511-021
.EXHIBIT B-4 PORT/ON OP BLOCK
148 OF A -MB-123
APN 004-511-00 1
C9:
R=90.00 'ohoA=577020"1 a
L=89.81 'PO)I N.
I 1J
N
S 060030 W 179.23 Ri Ca•
R=255.00 '
A=8 44 '41 "
L=35 92 '
STATE HIGHWAY 101 R.O.W.
ANGLE PO/NT AT STAT/ON
753+66.01 80 'LEFT PER R1
C7.•
R=73.00 '
A-1677'01 "
L=20.75 '
C7
22.00 'WIDE PUBLIC
PEDESTRIAN AND BIKE
PATH EASEMEN T
-0702r"-W -?f?)
!1111/1L/1 /1.. /1 Z /1 /1 L /1 //
R=5080.00 'A=90830 "L=810.53'R1
STATE HIGHWAY 101 R. 0. W.
ANGLE PO/NT AT STA TION
6+76.82 80 'LEFT PER R1(CALC)
I ~
y I ~
kv 1-tS
01
I~Z
^I al\91 Iry 1 0 104 //
h
~L2-.12010-040523 ~i o 0 -5 %67
///
I LI)
~~-ice I N -Nr -NI'.I a, IU,I voo I 14ikwNi.C5:1 0'l~(1.I~! R=8935.50 '1 r'l
1 r I 21=033'18 "
I -;Na 1 L=86.57'0.
506'0,030 "W 505.55 'R1
C6:
R=230.00'
A=1234 58 "
L=50.51 '
US HIGHWAY 101
LINE TABL E
LINE BEAR/NG D/S T
L I SO473 '11 "W 82.78 '
L2 S03 07'45 "W 35.56 '
Li 50636 '13 "W 20.81 '
L4 S1830 52 "W 11.77'
L5 50106 58 E 59.56 '
L6 S00 53 28 E 23.65 '
L7 S1752 '45 "W 20.74 '
L8 S09 4400 "W 23.67 '
L9 S057822 "W 37.16 '
L 10 50852 '16 "W 50.95 '
NO SCALE
McMillan
LAND SURVEYS
2306 BROAD STREE T
SANLU/S OB/SPO, CA 9340 1
805-541-1663 FAX541-1664
DATE: 07-29 2011 JOB #448-05
LEGEND:
R1 DENOTES RECORD PER STATE HIGHWAY RIGHT OF WAY MAP 05-SLO-101-28.0
POB DENOTES POINT OF BEGINNING
TPOB DENOTES TRUE POINT OF BEGINNING
POT DENOTES PO/NT OF TERM/NUS
RAD DENOTES RADIAL BEAR/NG
DENOTES FOUND 6X6 CONCRETE HIGH WA Y R/GHT-OF-WA Y MONUMENT
LINE TABLE LINE TABLE
LINE BEAR/NG D/ST UNE BEAR/NG DIST
L8 50944 00 "W 23.67'L19 S79 76 '22 ''W 25.37'
L9 S057822 "W 3716 'L20 S0134 41 E 77.21 '
L 10 S0852 '16 "W 50.95 'L21 S6752 '04 E 12.46 '
Lit S660235 "W 58.27'L22 N01 '34 41 W 70.53'
L 12 S2775 '17"W 32.49 'L23 N79 4104E 9.96 '
L13 S3453 '46 W 3581 'L24 N1001 '13"W 6.92 '
L14 S447828 "W 23.87'L25 N1001 '13"W 7.01 '
L15 S323128 "W 51.74 'L26 N1001 '13"W 13.93'
L 16 S473839 "W 3532 'L27 Ni0'Ol '13"W 4.08 '
L17 S727621 "W 16.78 'L28 N1001 '13 "W 3.99 '
L 18 57958 47 "W 31.18 '
Rl DENOTES RECORD PER STA 7E H/GHWA Y R/GHT OF WA Y MAP 05-SLO-101-2Z 4
POB DENOTES POINT OF BEG/NN/N G
TPOB DENOTES TRUE PO/NT OF BEG/NN/N G
POT DENOTES PO/NT OF TERM/NUS
RAD DENOTES RAD/AL BEAR/NG
DENOTES FOUND 6X6 CONCRETE H/GHWA Y RIGHT-OF-WAY MONUMEN T
o .
SEE EXHIBIT
~
_
B-6
N 4723 '26 ELS582148 -y
—■-RAD 3 = S6534 56 W
C17.•C18:C19:
R=80.00 'R=72.00 'R=20.00 '
.0=2371 '06 ''11=30 24 '1 4 "4=5671'04 "
L=32.37'L=38.21 'L=19.73 '
C16:C15:C14:
R=184.00 'R=295.00 'R=166.00 '
d=679'13"4=73420 "4=2607'18 "
L=20.30 'L=38.99 'L=75.68 'd\'A,
-%\&.P.O.TorsQORS" \*...4 `P
N/-P ya
PORT/ON O/ LO T
DD PER A] --MB—161 (I+iN I~I
v;til ul
C13.~C12:Cl fi r,i
R=961.00 'w R=153.00'R=1042.00L-,
=608'11" it d=174111 "d=354 30 "a
L=102.92 'L=4723'~I L=71.08 '
ly 12 r-~~/,I rrra=r r rr i
Iv —v\I `O
11.00 '__ _ ~---^'N4471 '1 0 "E
22.00 'WOE PUBLIC
PEDESTRIAN AND BIKE a\\a
PAIN EASEMENT v\~.
K E/ T H/ 1 C M L L A N LS. 6729
/,
\\C10:j
R=64.00'b\3?.4=38'47'1
9 \~L=43.33 'h (O f
\o /N /
STATE H/GHWA Y 101 R .O.W.
ANGLE POINT AT STA 770N
753+66.01 80 'LEFT PER Ri
R=120.00 '
d=30 "
R=100.00 'L4=2826585 '
d=374729"R 1
L=65.96 '
R1
NO SCAL E
McMilla n
LAND SURVEYS
2306 BROAD STREE TSAN LUIS OBISPO, CA 9340 1
805-541-1663 FAX541-1664
DATE.07-29-2011 3OB#448.05
PATH EA
?°R DETAIL N
'-"\-As,\
B~IBI?'B-6
PORT/ON OP LOT ,
DD PER 4 -MB-15/iI wIIINIICii
C13.la,C12:I C11:'
'R=153.00'rI R=104200 (d=608'11 "I~ 4=174111 "X14=35430"
L=102.11.92'1.-~ L=47.23'tI L-71.08 '1 4
00 'la Ci2 /'
I \Iv
00 '_r---~w~~N4471 '10 "EN_'72'z)\I aSEMENTa\I..E
A 22.00 'WOE PUBLIC
DON'" ROAD
z /,\a,/Q\1':CIO:3;-. R=64.00'\..4=384719 7\~ L=43.33' /^ry
\o
D
8
u-O
w
Nc~
JRAD1= N8554 09 "WRAD 2 = N2923 '06 "W _...-
R1 DENOTES RECORD PER STATE H/GHWA Y .R/GHT OF WAY MAP 05-SL 0-101-27 .4POB DENOTES POINT OF BEGINNINGTPOB DENOTES TRUE POINT OF BEG/NN/NGPOT DENOTES POINT OF TERM/NUSRAD DENOTES RAD/AL BEAR/NGDENOTES FOUND 6X6 CONCRETE HIGHWAY RIGHT-OF-WAY MONUMENT KE/TH MCM/
C16:C15:C14:R=184.00 'R=295.00 'R=166.00 '4=679 '13"4=73420"1i=2607'18 "2 L=20.30 'L=38.99 'L=7568 '
\Ssus.`gip P.O. T.\p •°~-
\ j.`ci s~ \\ S57<:)/N OJ
rn Q \
°\-73 cn
I";\.
RAD ,3
S C19:
\~—N 472326 "E 213.75 '
5582148 {y (RADJ
-.—RAD 3 = S65:34 56 "WC17.•R=80.00'4=2371 '06 "L=32.37'C1&R=72.00 '4=3024'14 "L=3&21 '
R=20.00 '4=563104 "L=19.73'
STATE H/GHWA Y 101 R .O.W.ANGLE POINT AT STA 770N753+66.01 80 'LEFT PER R1
McMilla n
LAND SURVEYS
2306 BROAD STREE TSANLU/SOBISPO, CA 9340 1805-541-1663 FAX541-1664DATE: 0 7- 29 - 2 011 30 6# 4 4 8- 05
S795847 W 31 .18'S7976 '22 "W 25.37'S0134 '41 E 77.21 '56752 '04 "E 1246 'N0134 41 by 70.53 'N79'41 '04 "E 9.96 'N100113"W 6.92 'N100113"W 7.01 'N100113 ""W 13.93'N10 0113"W 4.08 'N1O01 '13 W 3.99 '
L18L19L20L21L22L23L24L25L26L27L28
LEGEND:
D
R=120.00 '4=422530 "
R=100.00' L=88.85'
4=374729" R 1
L=65.96 'RI
DENOTES TPOB VARIABLE W/D7H EASEMEN T• DENOTES POT 22 'WIDE EASEMENT
NO SCALE