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Home My WebLink AboutD-2066 Irrevocable & Perpetual Offer to Dedicate Public Utility 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 UTILITY EASEMENT (570 Ellen) 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 utility purposes, for public use and the benefit of the public utility companies, 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 I —dayof_ �A&y , 2017. OFF rego S acD nell, weer c,k� Greyary macl�uh�V1 ennif . Macl7on , Owner qWa Sfntjll¢-eir mac 06hfjj 2017025506 - Tann yGong San Luis Obispo -County Clerk -Recorder 06/12/2017 11:00 AM Recorded at the request of: PUBLIC _ ti ElLE� Titles: 1 Pages: 7 _ Fees: $0.00 Taxes: 0.00 IN 3 d 2017 Total: $0.00 C:I�..��rf Exgmpt Rom Repording Few - Yv. Cade & 6I03 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE PUBLIC UTILITY EASEMENT (570 Ellen) 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 utility purposes, for public use and the benefit of the public utility companies, 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 I —dayof_ �A&y , 2017. OFF rego S acD nell, weer c,k� Greyary macl�uh�V1 ennif . Macl7on , Owner qWa Sfntjll¢-eir mac 06hfjj A Notary Public or other officer completing this crartificate 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. 1 State of California } County of }�a c�#-� CL,c- a �-- ❑n_Ar & ,� �, Q before me, V-1Q�%1 2 s �j d — (� c„ ., 'r i C —� Name and Title o the Dfrrcer personally appeared, Name of Sigr+er 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 instfument and acknowledged to me that he/she/they executed the same in his/herltheir 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 t -,- Sign NM of NOtary PuhliC GABRIELA KIDDY -GAN Notary Public - California z < Santa Clara County Commission # 2181559 My Comm. Expires;an 27, 2021 Place Notary Seal Above A Notary Public or other orficer 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 On ]A C�lj i iii , before me,_ (A 02 P e Ti - � e �� .�I�jl.0 a!e Name and lls or a officer personally appeared, Name of Sipner(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. GABRIELA KIDDY -GAN WITNESS my hand and official seal. NotaryPublic- California r x Santa Clara County a Commission # 2181559 My Comm. Expires Jan 27,202 Signature _s -- Siailature. ofNoj;l r PuLAti Place Notary Seal Above CONSENT AND SllBORDINATION 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 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 fora 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: 2D TRUST DEED BENEFICIARY Rabotank, N.A. By: a145�� Name: 12le4l' !224V y Its:&I e'o` 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 ) )ss COUNTY OF SAN LUIS OBISPO ) On (qe- , 201 9, before `Aeg Le ee- Notary Public, personally appeared QA wh proved to me on the basis of satisfactory evidence to be the person hose name i are subscribed to the within instrument, and acknowledged to me that li h ey executed the same in hisfier-Aheir authorized capacity(iK and that by his e their signature(Won the instrument the personWor the entity upon behalf of which the person acted, 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. Notary Public SHERRY LEE CHEER Commission # 2126720 ajs Notary Public - Clitfornla x San Luls Obispo County Coram. E fres Sa 19,20119t EXHIBIT A Legal Description Public Utility Easement The land referred to herein below is situated in Bbck 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, and Is described as follows: That portion of Parcel 1 of Lot Line Adjustment SLO AL 14-079, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per Lot Line Adjustment Agreement retarded 0 12 ZC7 as Instrument No. 2017-2550 Z o in the office of the County Recorder of said County, described as follows: Commencing at the centerline monument near the southerly end of Ellen Way at the center of a cul-de-sac; thence South 44053104" East, 37.50 feet to a point on the easterly right-of-way line of Ellen Way being a point on the southwesterly line of said Parcel 1 and most northerly point on Parcel 2; thence South 71001'55" East, along said southwesterly line of Parcel 1, 30.14; then along continuing along the southerly line of Parcel 1 South 55002'40" East, 43.55' feet to the true point of beginning; thence leaving the southerly line 1. North 66016'19" East. 23.21 feet; thence 2. South 43005'30" East, 6.00 feet, to a point on the southeasterly line of said Parcel 1; thence following the southeasterly line of said Parcel 1 3. South 4605400" West, 19.00 feet, to the most southerly corner of said Parcel 1; thence along the southerly line of said Parcel 1 4. North 55002'40" West, 14.00 feet to the true point of beginning. Wednesday, September 30, 201S; 2:58 PM M.\1+144 570 ERM Way -San Luis Obispo\1 ot, l ifie Adjustment Documents\PGE Esmt.dooc Adam suttee Said Public Utility Easement containing 196 ft more or less. The above-described parcel is graphically shown on Exhibit B attached hereto and made a part hereof. Michael B. Stanton, PLS5702 Thursday, October 01, 2015; 12:43 PM M:\14-144 570 Ellen Way - San Luis Obispo\Lot Line Adjustment Documents\PGE Esmt.docc Adam Sutter EXHIBIT "B" N66'16'19"E R 23.21' S43'05'30'E PARCEL '1 r 6.00' / T W OF BEGINNIK3 J' TRUE POINT 555 02,E S46'54'30"W •E 43.55' 19.00' S44'53'04'E 51, h 'e40'W, W 37.50' N35� 02 14.00' CENTERUNE MONUMENT POINT OF COMMENCEMENT .4 s AS B. PARCEL 2 � G ---�y U � 1d9 3 * LIC. NO. 5702 c 7� Ofi CAS-�FO¢�� GRAPHIC SCALE a LOT LINE ADJUSTMENT 30 '' 30 s° SLO AL 14-0079 ( IN FEET ) MICHAEL B. STANTON. PLS 5702 1 inch = 30 ft. 3563 SUELDO ST. UNIT 0 SAN LUIS OBISPO, CA 93401 805•-594-1960 October 1, 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 Utility 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. -1-2017 Date ATTEST: Alzv"' If, &w�' Carrie Gallagher City Clerk CITY OF SAN LUIS OBISPO [City seal required] ENC) OF DOCUMENT