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HomeMy WebLinkAboutD-2030 Irrevocable & Perpetual Offer of Dedication (Sewer Easement) APN 003-721-034Recording requested by, and when recorded, return to City of San Luis Obispo City Clerk 990 Palm Street San Luis Obispo, CA 93401 1kricsVED SEP 2 2 2016 SLO CITY CLERK IRREVOCABLE & PERPETUAL OFFER OF DEDICATION (Sewer Easement) kAY61.�1� Ij�■ h Tommy Gong San Luis Obispo - County Clerk -Recorder 08/19/2016 03:19 PM Recorded at the request of: PUBLIC Titles: 2 Pages: 8 Fees: $0.00 Taxes: $0.00 Total: $0.00 APN 003-721-034 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 245 Higuera, LLC, a California Limited Liability Company, as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for sewer utility purposes upon, over, under and across a portion of certain property described as: that portion of the unsubdivided portion of block 152 of J. Harford's addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map thereof recorded May 8, 1876, in book A at page 123 of maps in the office of the coumy recorder of said county, beginning at the intersection of the south line of High Street with the easterly line of Higuera Street; thence along the easterly line of Higuera Street, South 9 degrees 05 minutes West 3 73.3 8 feet to the center line of a 10 foot utility easement and the true point of beginning; thence from said true point of beginning North 89 degrees 50 minutes East along said center line 160.12 feet to the westerly line of Parker Street; thence along the westerly line of Parker Street, South 0 degrees 04 minutes West 54.29 feet; thence South 89 degrees 50 minutes West 168.74 feet to the easterly line of Higuera Street; thence along the easterly line of Higuera Street, North 9 degrees 05 minutes East 55 feet to the true point of beginning. Said irrevocable easement offer is described in Exhibit A, and graphically depicted in Exhibit B, both of which are attached hereto. C�--,0 -,0 IN WITNESS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this day of ::: J , 2016. OFFEROR: Member Liability Company ( . ��P - WPE- umihon Member iNotary Public or other officer completing this certificate verifies only the identity of the individual who signed the cument 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 -iu-nc 2-2 7-cA 1p , before me,Date ame ang I iUe of cer personally appeared, \Ack-j- r \A o,- L"t-0 V-\ me of zkgnerX who proved to me on the basis of satisfactory evidence to be theQerson whose name,(s)L are subscribed to the within instrument and acknowledged to me tha hal helthey executed the same in his/her/their authorized capacity�W, and that by iii erltheir signatureW on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws paragraph is true and correct. WITNESS my hand and official seal. Signature of, he S a e of C l" o a t t h fore Ding JENNIFER WS Commission # 2129917 Notary Public - California San Luis Obispo County COMM. E ras Oct 11, 2018 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 -23%--e 22 2,0\k.0 , before me, ^ •Y. Date ame anrj I i e a! e Mtcer personally appeared, 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. JENWER BURROWS WITNESS m hand and official seal. Commission +b 2129917 y a Notary Public - California i San Luis Obispo County MgC0mM.Expjres Oct 11, 21139 Signature Place Notary Seal Above Beneficiary's Consent to Grant of Easement and Agreement � � I A bf: (3rxS "AN K is the Beneficiary under Deed of Trust dated f a�u�av it, a g+i, executed by 3-t5 H► GO 011 u.4- , recorded f6syAm ++, 11Cl � _ as Instrument Number a o % boo 6 a S 6 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "IRREVOCABLE & PERPETUAL OFFER OF DEDICATION, SEWER EASEMENT" (The "Agreement"). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property shall be subordinate to the Agreement. `rrIZZ I I � Date Beneficiary -- -Ro&GYM-r Date Beneficiary Beneficiary's Consent to Grant of Easement and Agreement jAt.Q-)YAG( QA►cs IRANY, is the Beneficiary under Deed of Trust dated f usawv-Y ++. 14; b executed by _ aNs kA 1 W tea, L -+-c- , recorded iEL6 u,*�a� �►. %o►t. ^as Instrument Number �o,boo6�S�b _ of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. The Deed of Trust encumbers the real property described in the attached "IRREVOCABLE & PERPETUAL OFFER OF DEDICATION, SEWER EASEMENT" (The "Agreement"). As the Beneficiary of said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Agreement, and agrees that upon recordation of said Agreement, Trustee's and Beneficiary's interests in said real property shall be subordinate to the Agreement. �)-Ld I� Date Beneficiary Date Beneficiary ALL SIGNATURES MUST BE NOTARIZED. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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.aL ►ntgC2o } On 2ka Vj aailp before me, 10,kc. aelav, . A)o� ytj Date Here Insert Name a7�d Title of the Officer personally appeared Q G -y 0si�.y-b 0,k c, NameW of Signer(s) who proved to me on the basis of satisfactory evidence to be the persorIK whose nameW &s subscribed to the within instrument and acknowledged to me that< sKeltk6y executed the same in (@YWIt `ir authorized capacity,(ieg), and that byQ�Pjef�W&ir signatures on the instrument the person($)', or the entity upon behalf of which the personX 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. r. EI.A€t€ ROWAN WITNESS my hand and official seal. . 7 COMM. . #2001531 Z p.nx{3 ; Z -I Notary Pliblic - California O San Uis Obispo County — 1--x h9yComm. Expires Dec. 24, 2016 Signature Si ure of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: _ Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: t+fC�.S?4'G.' ."a�-Q.'�;-C��a"�r�i�_ G"����,4?_'�' _' _'k�'�"�4�%G^uJ�'Gil.?�tiClc�,'•e'C.-'rf�.'�'r=<.�r'_�.C.'�Sa�rsi�63 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 Sewer Easement Exhibit A THAT PORTION OF THE UNSUBDIVIDED PORTION OF BLOCK 152 OF J. HARFORD'S ADDITION TO THE CITY OF SAN LUIS OBISPO, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF RECORDED MAY 8, 1876, IN BOOK A AT PAGE 123 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEING A 5' WIDE STRIP OF LAND, THE NORTHERLY LINE OF WHICH IS COINCIDENT WITH THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF HIGH STREET WITH THE EASTERLY LINE OF HIGUERA STREET; THENCE ALONG THE EASTERLY LINE OF HIGUERA STREET, SOUTH 9°05'00" WEST, A DISTANCE OF 373.38 FEET, TO THE CENTERLINE OF A 10 FOOT UTILITY EASEMENT AND THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO FRED P. RATLIFF AND DOROTHY P. RATLIFF, HUSBAND AND WIFE, DATED JULY 26, 1958 AND RECORDED JULY 10, 1958 AS INSTRUMENT NUMBER 11761, AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTHERLY LINE OF LAND DESCRIBED IN SAID DEED AND ALONG THE CENTERLINE OF SAID 10 FOOT EASEMENT, NORTH 89°50'00" EAST 160.12 FEET, TO THE WESTERLY LINE OF PARKER STREET AND THE POINT OF TERMINATION. THE SIDE LINES OF 5' WIDE STRIP TO BE EXTENDED OR SHORTENED SO AS TO BEGIN ON THE EASTERLY LINE OF HIGUERA STREET AND TO TERMINATE TO THE WESTERLY LINE OF PARKER STREET. THE ABOVE DESCRIBED PROPERTY IS GRAPHICALLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. ,2o- 2L ,/, I I I I I I 1 l 1 1 I I I 1 C7 1 x I60, I I I I I 1 HIGH STREET POINT OF COMMENCEMENT 1 I z c 11� I MI M �I ITRUE POINT 9C7(0 OF BEGINNING ABOVEGRADE ENGINEERING 1304 Brood Shoot, Son Luis Obispo,CA 93401 photw.(805) 540.5115 0 fmc(805540-5116 ACJwYC.q.0 a • R @ SUM C) G m D U) m 3 m Z i I U I 0 m I N89050'00"E 160.12' 1 — POINT OF TERMINATION g2 g�sl0gl EXHIBIT "B" 245 HIGUERA 0O I SCALE: N.T.S. JOB NUMBER: 15180 BY: JNW DATE: 6/15/16 0/16 EX -B CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable & Perpetual Offer to Dedicate (Sewer Easement), dated June 22, 2016, from 245 Higuera, LLC, A California Limited Liability Company 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. �2 Date City Clerk CITY OF SAN LUIS OBISPO [City seal required] END OF DOCUMENT