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Home My WebLink AboutD-2064 Irrevocable & Perpetual Offer to Dedicate Public Storm Drain Easement - 570 Ellen - MacDonellRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE PUBLIC STORM DRAIN EASEMENT (570 Ellen) - PIIhiir- Airwnrnl — APN 001-121-033 and -037 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gregory S. MacDonell and Jennifer D. MacDonell, as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for public storm drain purposes upon, over, under and across the real property described as a portion of Block 7 of Hathway's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, Page 130 of Maps in the Office of the County Recorder of said County. Said irrevocable easement offer is 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 day of �� 1 2017. v� kvi wDonell, Owner Grtpr� /Vr CA000r)ell PacDonell, -canern c)ka T ens Tty /vw ooh o O- -04 2017025504 Tommy Gong San Luis Obispo - County Clerk -Recorder 06/12/2017 11:00 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 6 _ Fees: $0.00 Taxes: $0.00 Total: $�000ITY ,i 0 20P ,� 1IIINy��R��'1"��9i��1+�'I III CLE -RK IRREVOCABLE & PERPETUAL OFFER TO DEDICATE PUBLIC STORM DRAIN EASEMENT (570 Ellen) - PIIhiir- Airwnrnl — APN 001-121-033 and -037 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gregory S. MacDonell and Jennifer D. MacDonell, as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for public storm drain purposes upon, over, under and across the real property described as a portion of Block 7 of Hathway's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, Page 130 of Maps in the Office of the County Recorder of said County. Said irrevocable easement offer is 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 day of �� 1 2017. v� kvi wDonell, Owner Grtpr� /Vr CA000r)ell PacDonell, -canern c)ka T ens Tty /vw ooh o O- -04 A Notary Public or other officer completing this certificate venfles 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 } 0.cN-Ilr- q CL c- c- Q� On— On kk n-- Onk, vote ' before me, C4 C:} C) �„� �p(r C Namea e or M uicer `� 1 personally appeared, C Y1 C C am v gee 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. 2A9,, µa—„'j GABRIELA KIDDY -GAN WITNESS my hand and official seal. NotaryPublic-California Z rr rr, fly San[aClaraCounty Commission # 2181559 My Comm, E<pires Jan 27, 2021 r Signature 9MMUre Of otary PMllC Place Notary Seal Above A Notary Public or other officer completing this certificate verges 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 }n Cl r cry On 1 U-11, before me, 1n E\ -c> bate arae SM 11130 or Me r I) personally appeared,� at,�] w P—L Al .1 Name of ne 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/herAheir 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 Califomia that the foregoing paragraph is true and correct. GABRIELA KIDDY -GAN WITNESS my hand and official seal. NotaryPublic-California r Santa Clara County Commission # 2181559 My CoMrn,fXpltes Jan 27,2021 Signature - ignalure or Notary Public Place Notary Seal Above CONSENT AND SUSORDIlVATION OF TR T 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 and assignment of rents recorded on November 19, 2015, as Document No. 2015-058904, 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 —16 TRUST DEED BENEFICIARY Rabotank, N.A. By: Name: le Its: _ Ll iil e, -'S 'S den 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. J STATE OF CALIFORNIA )ss COUNTY OF SAN LUIS OBISPO ) On � I (Q 201M before Notary Public, personale} ppearcdr� w proved to me on the basis of satisfactory evidence to be the pens whose name�,w� i e subscribed to the within instrument, and acknowledged to me that it s' hey executed the s mein hisCer )their authorized capacity, and that by his their signaturdp, on the instrument the personWer the entity upon behalf of which the persono'facted, executed the instrument. I declare 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. LL L"' -• SHERRY LEE CHEER Notary Public) Y Commission # 2126720 's Notary Public - California z Z San Luls Obispo County Comm.Ea lfss S ep 19, 2019 EXHIBIT A Legal Description Storm Drain Easement The land referred to herein below is situated in Block 7 of Hathway's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, Page 130 of Maps, in the office of the County Recorder of said County and is described as follows: That portion of Parcels 1 and 2 of Lot Line Adjustment SLO AL 14-0079, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per Lot Line Adjustment Agreement recorded GJ 12- / U, C7 as Instrument No. 2017-_02i070 Z in the office of the County Recorder of said County, described as follows: A strip of land ten (10) feet wide lying five (5) feet each side of the following described centerline: Commencing at the centerline monument near the southerly end of Ellen Way at the center of a cul-de-sac; thence South 89050'00" East, 37.50 feet to a point on the easterly right-of-way line of Ellen Way being a point on a non -tangent curve concave northwesterly having a radius of 37.50 feet, a radial line to said curve bears South 89050'00" East; thence southwesterly along said right-of-way line and said curve through a central angle of 17°02'25', an arc distance of 11.15 feet to the true point of beginning; thence leaving said right-of-way South 37004'18" East, 88.35 feet, more or less to a point on the northwesterly right-of-way line of U. S. Highway 101. Said strip is to be lengthened or shortened, as necessary, northwesterly to meet the Ellen Way right-of-way line and southeasterly to meet the northwesterly right-of-way line for U. S. Highway 101 The above-described parcel is graphically shown on Exhibit B attached hereto and made a part hereof. C� :ti rti .r y l* 1LIC NO 5102 PF Michael B. Stan n, PLS5702 Date Wednesday, September 30, 2015; 1:54 PM M:\14-144 570 Ellen Way - San Luis Obispo\Lot Line Adjustment Documents\Storm Drain Esmt.docx Adam Sutter EXHIBIT "B" Dl = BOOK 564, PAGE 173 OF OFFICIAL RECORDS 0 0 N T.. PARCEL 1 SLO AL 14-0079 11 < ad CENTERLINE 10' PUBLIC r� STORM DRAIN EASEMENT w CENTERLINE MONUMENT POINT OF COMMENCEMENT s ° s PARCEL 2 SLO AL 14-0079 i n Z .�1 B LIC. NO. 5702 $ OF C Al SFO e oC N I s 3 0 s GRAPHIC SCALE LOT LINE ADJUSTMENT SLO AL 14-0079 ( IN FEET ) MICHAEL B. STANTON, PLS 5702 1 inch = 30 ft. m3553 SUELDO ST. UNIT 0 SAN LUIS OBISPO, CA 93401 805-594-1960 September 30, 2015 JOB #14-144 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable & Perpetual Offer to Dedicate Public Storm Drain Easement, dated May 1, 2017, from Gregory S. MacDonell and Jennifer D. MacDonell 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. �� l � so(,") Date ATTEST: -"AA4 19, Carrie Gallagher City Clerk CITY OF SAN LUIS OBISPO In /-" f � /cr/ - Ma ar rT lhfy 0 [City seal required] r -NU OF DOGUVIENIy