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HomeMy WebLinkAboutD-2150 Offer to Dedicate - Auxiliary Lane - San Luis RanchRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 RECEIVED OCT 23 2020 Tommy Gong San Luis Obispo - County Clerk -Recorder 09/14/2020 08:39 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 6 Fees: $0.00 Taxes: $$0.00 Total: $0.00 1111m,fI���AIU'910Iitr?['11 Y CLERK Space Above This Line for Recorder's Use NO RECORDING FEE — PUBLIC AGENCY — Government Code § 27383 PTN FRMR APN: 067-121-022 OFFER TO DEDICATE — AUXILIARY LANE THIS OFFER TO DEDICATE, is made this /5f'day offern�e� , 2020, by MI San Luis Ranch, LLC, a Delaware Limited Liability Company, ("Offeror"). WHEREAS Offeror desires to make an offer to dedicate in fee to the City of San Luis Obispo for public road right-of-way purposes, which offer may be accepted at any time by the City of San Luis Obispo, for the purpose of the construction, maintenance, replacement and/or use of facilities as the City of San Luis Obispo may require for the Prado Road Interchange project. NOW, THEREFORE, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described in Exhibit "A", commonly known as a Portion of Former APN 067-121-022 ("Property"). 2. The portion of the Property described below is hereby offered for dedication to the City of San Luis Obispo in fee for public road right-of-way purposes and incidental uses, and specifically as may be required for the Prado Road Interchange facilities and improvements. Lot 08 as shown on the map of Tract 3096 recorded on �2020 in Book qa of Maps, Pages IZ throughZB inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California; and Lot 309 as shown on the map of Tract 3096 recorded on V/'T , 2020 in Book `7t� of Maps, Pages f through inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California; and Page l San Luis Ranch Offer to Dedicate— Auxiliary Lane 0- mot- b Lot 311 as shown on the map of Tract 3096 recorded on , 2020 in Book 1- of Maps, Pages I % through, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California; and To the extent that the legal description of the Dedicated Right of Way differs from the right of way required by the final Caltrans design for the foregoing facilities and improvements, the Legal Description shall be modified as necessary to meet the minimum area required, for the benefit of the City of San Luis Obispo, or the State of California, so as to provide a sufficient dedicated right of way in its then current condition, at no additional compensation to Offeror, and for no additional consideration from the City of San Luis Obispo or any other offeree, to accommodate the Prado Road Interchange facilities and improvements. 3. That until such time as the above offer of dedication is accepted by the City of San Luis Obispo, all owners of the Property shall have the right to use of said Property in accord with their vested and/or recorded interests, including but not limited to the rights of the City of San Luis Obispo under the terms of the Agricultural Conservation Easement granted to the City of San Luis Obispo by the Offeror. 4. That said Offeror agrees that this offer to dedicate is and shall be binding on its heirs, legatees, successors and assignees for its entire term as herein specified. 5. That the City of San Luis Obispo and the Offeror further agree and acknowledged that upon the City's acceptance of this offer to dedicate, or any additional offer to dedicate as provided under paragraph 2, that the existing Agricultural Conservation Easement encumbering the Dedicated Right of Way shall be terminated by merger of the City of San Luis Obispo's estates in such property. 6. If this Offer is not accepted by the City of San Luis Obispo for the purposes herein stated within the twenty (20) years which follow the recording of this Offer to Dedicate then the offer herein made shall then cease and terminate, and the title to the said property and all the improvements thereon shall at once revert to the Offeror or to the Offeror's successors, heirs or assigns. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. [signatures on following page] Page 2 San Luis Ranch Offer to Dedicate— Auxiliary Lane CITY OF SAN LUIS OBISPO: CITY OF SAN LUIS OBISPO k1L /:�L HeA on, yor APPROVED AS ORM: ristine Dietrick, Ofy Attorney OFFEROR: MI SAN LUIS RANCH, LLC, a Delaware limited liability company By: atd-Q2. Donald R. Faye Its: Authorized Agent Page 3 San Luis Ranch Offer to Dedicate — Auxiliary Lane CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 .:.;Oi is,;v? s°i G?-{::i i'!i'.-3 i:`: i?•'. SG?i 'S'?[b:I�i[$:i¢: C7i [4-Cgl CS] ¢7 r$k@]';ki4f•:¢'si4: S_`[fi h) :,i r::y�:�;k?SGi. 7 �i's A:; ?0) ' ::�t'tA5'A,+0r S " et a•o n: a': • 5 � =t zR��c.as .. .......... _ .S .. .' �+ics 3 40....-...}:-`k�S"s'rfs{`-.�-..........R.Z4j{p,..,�`S?7C�`[. C.,....-...5{S'�iis23`:Lf':dr`ir?'r#+.ir7...,4n.., 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 a. L... 5 On to Q before me, _ cy ► v1 1� • �lr�r`�5 `� ct , N Date Here Insert Name and Title of the Officer personally appeared ��-� �� r✓.�cw� o v� Name(s) 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. KEVIN R. CHRIST14N Notary Public - California San Luis Obispo County > Commission # 2302534 " My comm. Expires Aug 22, 2023 Place Notary Seal and/or Stamp Above 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 Sign ture of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docu t tt Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ 0" c \?-,. ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardia or Cons ator Other: Signer is Representing: 02018 National Notary Association I Signer's Name: ❑ Corporate Officer — Title(s):.. ❑ Partner — ❑ Limited ❑ General ❑ Individual �orney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing 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 54 On 5 o"r J , 2020 before me, Notary Public ss: (insert name and title of the officer), personally appeared Z:)&-?f1 VFAV ,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. WITNESS my hand and official seal. Signature: JANINE FREI [Seal] NotaryPublic-California z San Diego County > Commission : 2205527 My Comm. Expires Jul i6, 2021 Notary San Luis Ranch Offer to Dedicate— Auxiliary Lane EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY, Tract 3096 recorded on q // 4 , 2020 in Book L40 of Maps, Pages 17through q,-3 inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. Legal Description San Luis Ranch Offer to Dedicate — Auxiliary Lane END OF DOCUMENT