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HomeMy WebLinkAboutD-2151 Offer to Dedicate - Overcrossing - San Luis Ranch2020049559 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Attn: City Clerk 990 Palm Street San Luis Obispo, CA 93401 RECEIVE OCT 23,202 CLFRK Tommy Gong San Luis Obispo - County Clerk -Recorder 09/14/2020 08:39 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 5 Fees: $0.00 Taxes: 0.00 Total: 0.00 11119 F71, M, Space Above This Line for Recorder's Use v' NO RECORDING FEE — PUBLIC AGENCY — Government Code § 27383 PTN FRMR APN: 067-121-022 OFFER TO DEDICATE - OVERCROSSING THIS OFFER TO DEDICATE, is made this 46J—day of 5epfemie / 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 Overcrossing 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 303 as shown on the map of Tract 3096 recorded on q 114 , 2020 in Book of Maps, Pages1'7 through13 inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California; and Lot 307 as shown on the map of Tract 3096 recorded on q//* , 2020 in Book of Maps, Pages 17 through_, inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. 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 Page t San Luis Ranch Offer to Dedicate— Overcrossing 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. 4. The Offeror hereby reserves the right to use the at -grade areas underneath the Prado Road Overcrossing for parking and all other compatible uses, including but not limited to the right to maintain all necessary improvements associated with such uses. 5. 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. 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 — Overcrossing CITY OF SAN LUIS OBISPO: CITY OF SAN LUIS OBISPO /C /— Id— � Hei ' Ha on, May r RM: Dietrick, City Attorney OFFEROR: MI SAN LUIS RANCH, LLC, a Delaware limited liability company By: 01C 'i Donald R. Faye Its: Authorized Agent Page 3 San Luis Ranch Offer to Dedicate — Overcrossing CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 >YS:"�C�t....,•.ti;>.`s(4:c3t3+.;¢�r3.;qi::�_.:'•%];???•trf�ils:•;iris�.}{;<aYiiTiSji�n;�t#�;tei':�a�??itri;i•?r4::f.ii3`(-.t�i�•"rt�}ib7f4�?�r'ftY:?:?�:s•::€.i.'r�r`i•?s?i[.sOF-:;�4+'Soi�i?^?iii;�ic���5.�4 4 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 l County of in �� �y C�0Z `✓pc, J} On lr7 ! zoZc7 before me,.,i Date Here Insert Name and Title of the Officer personally appeared ���� �.x %%4%-Or 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. •" ILEVIN R. CHRISTIAN Notary Public - California San Luis Obispo County Commissmon # 2302534 µy Comm. Expires Aug 22, 2 a 2 3 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 - 5ign 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 Title or Type of Document: U41e r �a t�t�k-� ~ �, s tr G naSS` �►•s Document Date: c[ I ��� [7 Number of Pages: Signer(s) Other Than Named Above: _ow�•t� Q. ��.0 t r�,w•ca C-�rr��ti►n� Capacity(ies) Claimed by Signer(&'s Signer Name. C7o�' � V � ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator • Other: r�'�-��'•��� ic••'L" Signer is Representing: ©2018 National Notary Association Signer's Name: ert r5'a\L— ❑ Corporate Officer - Title(s): - ❑ Partner - ❑ Limited ❑ General ❑ Individual .-Attorney 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 ) ss: COUNTY OF S Cch On _S t ), 2020 before me, h ` ,� ',�i �Ir� / �— Notary Public (insert name and title of the officer), personally appeared �► �� -R , F ;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 San Diego County Commission x 2205527 My Comm. Expires Jul T6, 2021 San Luis Ranch Offer to Dedicate — Overcrossing EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Tract 3096 recorded on , 2020 in Book '--TV of Maps, Pages 7 through3 inclusive, in the office of the County Recorder of the County of San Luis Obispo, State of California. Legal Description - 1 San Luis Ranch Offer to Dedicate — Overcrossing END OF DOCUMENT