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HomeMy WebLinkAboutD-1539 Higuera Street Easement - John Hartford Addition Recorded 04/11/2001r] RECORDING REQUESTED BY: and WHEN RECORDED RETURN TO: CITY OF SAN LUIS OBISPO CITY CLERK 990 PALM STREET SAN LUIS OBISPO CA 93401 Doc No: 2001 - 023950 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Apr 11, 2001 Time: 13:44 Rpt No: 00030565 NF -1 0.00. ;TOTAL 0..00- - APN 053- 021 -024 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the �LZ ' . day of WNZCR , 1998 by Michael Robert Spangler and Katherine Louise Spangler, Husband and Wife, of the County of - San Luis Obispo, State of California, hereinafter termed Offeror: Whereas, said Offeror desires to make an offer to dedicate, irrevocably, to the public, an easement, for public road purposes, which offer may be accepted at any time by any governmental entity which has the power to establish, construct and maintain roads. NOW, THEREFORE, said Offeror covenants and promises as follows: L. That said Offeror is the owner of the following interest described below:. PARCEL 1: A parcel of land in the City of San Luis Obispo, County of San Luis Obispo, State of California, being that portion of the land described in the deed from John Harford to the San- Luis Obispo and Santa Maria Valley Railroad, recorded February 11, 1876 in Book lH at page 306 of Deeds, in the Office of the County Recorder of Said County, bounded as follows:. Bounded Westerly by the Easterly line of Higuera Street, as recited in said Deed; bounded Southerly by the Southerly line of Section 34, Township 30 South, Range 12 East, Mount Diablo Base and Meridian; bounded Easterly by the Easterly line of the land described in said deed to the San Luis Obispo and Santa Maria Valley Railroad; bounded Northerly by the following described line: Beginning at a point on the East line of Higuera Street that bears South 3 °15' West, 389.69 feet and South 2 °14' West, 415.31 feet from a 1 114 iron pipe set. at the ,�/S39 intersection of the East line of Higuera Street with the South line of South Street as said Streets are shown on the map of J. Harford's Addition, filed in Book A at page 123 of Maps in the Office of the County Recorder of said county; thence at right angles to said line of Higuera Street South 87 °46' East, 100 feet to the East line of the land described in the deed from John Harford herein above referred to. EXCEPT THEREFROM that portion of the J. Harford Addition in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map thereof recorded in Book A at page 123 of Maps, in the Office of the County Recorder of said County, which is described as follows: Beginning at a point on the East line of Higuera Street that bears South 3 015' West, 389.69 feet and South 2 °14' West, 415.31 feet form the intersection of the East line of Higuera Street with the South line of South Street, as said streets are shown on the map of J. Harford's Addition filed in Book A at page 123 of Maps; thence South 2 014' West along said East line of Higuera Street, a distance of 593 feet to a point; thence at right angles South 87 046' East, a distance of 3.50 feet to a point; thence North 2 014' East, a distance of 52 feet to a point; thence North 87 °46' West, a distance of 1.00 foot to a point; thence North 2 014' East, a distance of 26 feet to a point; thence South 87 046' East, a distance of 1.00 foot to a point; thence North 2 014' East, a distance of 515 feet to a point; thence North 87 °46' West, a distance of 3.50 feet to a point of beginning. PARCEL 2: That portion of Lot 1, in Section 3, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Commencing at the point at which the line of the San Luis Obispo and Santa Maria Valley Railroad crossed the East line of the County Road leading from the Town of San Luis Obispo, to Avila at Station No. 437 +90 of said line, as surveyed and located; and running thence on a curve to the left of 30 radius 1,910 feet, a distance of 442 feet to the Township line between Townships 30 and 31 South of Mount Diablo Base and Meridian, and taking an including a strip of uniform width of 30 feet on each side of said above described line.. EXCEPT THEREFROM 5% of the value of all oil and minerals removed from beneath said property through operations conducted thereon, including oil or minerals taken therefrom by so- called slanting wells which may be bottomed on or under said property, as reserved in the deed from Pacific Coast Railway Company, a corporation dated October 31, 1941 and recorded in Book 335 at page 78 of Official Records. ALSO EXCEPTING THEREFROM that portion granted to Michael Robert Spangler, an unmarried man, recorded July 15, 1983 in Book 2503 at page 56 of Official Records. page 2 • PARCEL 3: • That portion of Lot 1, in Section 3, Township 31 South, Range 12 East, Mount Diablo Base and.Meddian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: Said parcel of land being adjacent to Lot B of Villa Fontana, Tract 744, recorded in Book 10 at page 35 of Maps, in the Office of the County Recorder of said County, beginning at the most Northeasterly comer of said Parcel B: thence Westerly along the most Northerly line of said Parcel B North 89 043'33" West, 660.19 feet; thence continuing along said Northerly line, North 89 057'54" West, 835.27 feet to the True Point of Beginning; thence Southerly along the Westerly line of said Parcel B, South 32 057' West, 202.15 feet to the Easterly right-of-way line of the P.C.R.R.; thence leaving said Westerly line of Parcel B and proceeding Northerly along said Easterly right -of -way line to the extension of the Northerly line of said Parcel B; thence Easterly along said extension to the True Point of Beginning. PARCEL 4: That portion of Lot 1, in Section 3, Township 31 South, Range 12 East, Mount Diablo Base and Meridian, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the Official Plat of the Survey of said land on file in the Bureau of Land Management, bounded and described as follows: Bounded on the North by the North line of said Lot 1; on the West by the Southerly prolongation of Higuera Street as said street is shown on the map of J. Harford's Addition to the City of San Luis Obispo recorded in Book A at page 123 of Maps; on the East and Southeast. by the Westerly line of Parcel No. 2 in the deed to Elsie J. Mathews, et al., recorded April 15, 1953 in Book 706 at page 56 of Official Records. 2. That said Offeror does hereby irrevocably and in perpetuity offer to such governmental entity a dedication of a public right -of -way for road purposes and incidental uses upon the following described property: See Exhibit "A" 3. That until such time as the above offer of dedication is accepted by such a governmental entity, all owners of property contiguous to the above described road parcel shall have the right to the use of said road parcel as a private road. 4. That said Offeror agrees that said offer of dedication shall be irrevocable and that such a government entity may, at any time in the future, accept said offer of dedication of the public right -of -way. page 3 5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day. and year first above written. Date 3•ao�� Date STATE OF COUNTY OF On this day of ,1998 before me, Notary Public, personally appeared: personally known to me -OR- proved to me on the basis of satisfactdry 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 entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal page 4 MARY GRDFAV N COMM #1053839 - Notary Public - California N j � e San Luis Obispo County My Comm. Up. March 26,1999 • • EXHIBIT 'A' LEGAL DESCRIPTION That portion of that property in the City of San Luis Obispo, County of San Luis Obispo, State of California.in Section 3 of Township 31 South Range 12 East as surveyed and shown on the Record of Survey recorded in Book 67 of Records of Surveys at Page 63 in the Office of the County Recorder of said County and State lying Westerly of the following described line: Beginning at the most Southerly corner of the.property as surveyed in said Record of Survey being the Southerly terminus of the line shown as South 10'33'04." West, 260.10 feet and also being on the Easterly right of way of Higuera Street; thence along said line North 10'33'04" East a distance of 6.89 feet to the beginning of a non - tangent curve concave Easterly having a radius of 538.00 feet, to which beginning of curve a radial bears South 82'06'57" West; thence Northerly along the arc of said curve through a central angle of 9 °39'57 ", an arc distance of 90.76 feet; thence North 1'46'55" East, a distance of 210.26 feet to the beginning of a tangent curve concave Westerly and having a radius of 5999.00 feet; thence Northerly along the arc of said curve through a central angle of 1'47'19 ", an arc distance of 187.27 feet to the Northerly right of way of Krebs Street as shown on the map of J. Harford's Addition recorded in Book A at Page 123 in said County Recorders Office and the Point of Terminus. Together with the Southerly 80 feet of said property as surveyed and shown on said Record of Survey to be used for slope purposes during construction of improvements of curb, gutter, and sidewalk fronting said property. \doc \98- 006.191;3 -18 -98 Page 1 of 2 W w A = 11'51'44" R = 960.00' ' L = 198.75' POENT OF BEGINNING \DRAWINA \98- 006.DWG; 3 -18 -98 � vo N N �y KREBS ST. o {: POINT OF z :•:: TBR1IaiUS _ "S' 11ON 34 T30S R121 CTION 3 T31S R12E 0 rl- N w 0 z is N O_ N w Lo to O z 0 = 01'47'19" R = 5999.00' L = 187.27' .O�' �o 0 ° N m S89'20'22 "E 77.78' ti r J GRoAPHICa SCALE s0 E ,20 1 inch = 60 ft- 3 v- ;� EXHIBIT 'A' ° PLAT Z = 09'39'57" OF A PORTION OF THE PROPERTY R = 538.00' AS SHOWN ON THE RECORD OF L = 90.76' SURVEY RECORDED IN BOOK 67 AT PAGE 63 OF RECORDS OF RADIAL _ _ SURVEYS IN THE OFFICE OF _82,06'57 w THE COUNTY RECORDER, SAN 5 LUIS OBISPO COUNTY, CALIFORNIA N10'3304 "E PREPARED BY: 6.89' WESTLAND ENGINEERING COMPANY 75 ZACA LANE SUITE 100 SAN LUIS OBISPO, CA 93401 805 - 541 -2394 JOB #98.006 PAGE 2 OF 2 • .� AMERI � 1� 9 } STATE OF CALIF NIA }ss. COUNTY OF On before me, persoufally appeared 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. WITNESS my hand and official seal.. .. Signature (This area for official notarial seal) Title of Document Date of Document :;5 • No. of Pages �3 v Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company MARY GRD5!N C0h:1IM ?1953839 Notani Public -D ifornia r� San Lu s Obispo County � My Comm. Up. March 26,1999 Date of Document :;5 • No. of Pages �3 v Other signatures not acknowledged 3008 (1194) (General) First American Title Insurance Company CERTIFICATE OF ACCEPTANCE * * * * * * * * * * * * * * * * * * * * * * * * * * * ** THIS IS TO CERTIFY that the interest in real property conveyed by Michael and Katherine Spangler dated March 3, 2001 to the CITY OF SAN LUIS OBISPO, a Political Corporation, 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. Date: 3 105101 } t- _. _Lee; Price; CMC JC ity Clerk F t� CITY OF SAN LUIS OBISPO By: Allen K. Settle, ayor AND OF DOCUMENT