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HomeMy WebLinkAboutD-1856 Parcel 2 of Parcel Map No. SLO-71-178, Book 6 p.70 Recorded 02/18/2010RECORDING REQUESTED BY " AND WHEN RECORDED MAIL TO: City Clerk's Office CITY OF SAN LUIS OBISPO 990 Palm Street San Luis Obispo, CA 93401 i JULIE RODEVD San Luis Obispo county — Clerk(Recorder i Recorded at the, request of Public D o C # : 2010007941 TItI Fe G Ta PA AG 2/18/2010 2:09 PM I es: 1 Pages: 9 j Fe( 0.00 Tax hers 0.00 ID This document is recorded for the benefit of the City of San Luis Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. OFFER OF DEDICATION BY JK DEWER PROPERTIES, L.P. RECEIVED MAR 18 20E" Sip CITY CLERK )5S-6 0.00 This document is recorded for the benefit of the City of San Luis Obispo, A Municipal Corporation, and is exempt from fee per Government Code Sections 27383. OFFER OF DEDICATION BY JK DEWER PROPERTIES, L.P. RECEIVED MAR 18 20E" Sip CITY CLERK )5S-6 • • CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by Grant of Easement, dated August 24, 2009 from JK Dewer Properties, L.P. 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. February 17, 2010 ATTEST: Elaina Cano City Clerk CITY OF SAN LUIS OBISPO i Mayor David F. Romero IRREVOCABLE & PERPETUAL OFFER TO DEDICATE Recording Requested by and When Recorded Return to: Public Works Department City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 - - - 000 - - apn ptn 053 -051- -033 THIS OFFER TO DEDICATE, made the >— '/'' day of , 200 _1, by J K DEWAR PROPERTIES, L.P., a California limited uartnershi of the City of San Luis Obispo, 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 bicycle and pedestrian purposes, which offer may be accepted at any time by any governmental entity which has the power to establish, construct and maintain bicycle and pedestrian paths. below: NOW, THEREFORE, said Offeror covenants and promises as follows: That said Offeror is the owner of the following interest described See attached Exhibit GA ", legal description, attached hereto and made a part hereof 2. That said Offeror does hereby irrevocably and in perpetuity offer to such government entity a dedication of a public right -of -way for bicycle trail and pedestrian trail purposes and incidental uses upon the following described property: See attached Exhibit "137 legal description and Exhibit "C" map, both attached hereto and made a part hereof I 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 for bicycle trail and pedestrian trail. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on the heirs, legatees, successors and assignees. IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the daav andpar first above written. J K DEWAR PROPER , L. BV Offe or ,cat Ja ► �— Offeror Ma nager o General Partner JR Dewar Investments, LLC Offeror Offeror Acknowledgment. State of California ) County of San Luis Obispo ) ss On 4��. -.W, �9 , before me AAA&., S- Notary Public in and for said State, personally appeared T 4N proved to me on the basis of satisfactory evidence to be the person(s) whose names (s isl-re subscribed to the within instrument and acknowledged to me that ie h they executed the same i i I ' her /their authorized capacity(ies), and that b hi er /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. KAREN & BOUCHER COMM. # 1787542 NOTARY PUBLIC - CALIFORNIA SAN LUIS OBISPO COUNTY (> COMM. EXPIRES DEC. 26, 2011 Signature Seal Notary Public Exhibit "A" LEGAL DESCRIPTION OFFEROR PROPERTY That portion of Parcel 2 of Parcel Map No. SLO -71 -178 in the City of San Luis Obispo, County of San Luis Obispo, State of California according to the map filed in Book 6 of Parcel Maps at Page70 in the Office of the County Recorder of the County of San Luis Obispo, also described as that property being Property ##2 in that Quitclaim Deed dated December 28, 1998 to JK Dewar Properties L.P., a California limited partnership, recorded as Instrument No. 1999 -00174 of Official Records in said County Recorder's Office, of said County of San Luis Obispo. • • Exhibit "B" LEGAL DESCRIPTION PERMANENT EASEMENT File no: 061.0027 (0200) October 3, 2008 A portion of Parcel 2 of Parcel Map No. SLO -71 -178 in the City of San Obispo, State of California according to the map filed in Book 6 of Parcel Maps at Page 70 in the Office of the County Recorder of San Luis Obispo County, also described as Property #2 in that Quitclaim Deed dated December 28, 1998 to JK Dewar Properties L.P., a California limited partnership, recorded in Document No: 1999 -00174 of Official Records in said County Recorder's Office, said portion described as follows: Commencing at the angle point in the northerly right of way line of Prado Road with the easterly line of Elks Lane, and being marked by a brass tag stamped "LS 4819" as shown on the Record of Survey map filed in Book 65 of Licensed Surveys at Page 41 in said County Recorder's Office, said corner bearing north 61° 26'46n west 1,634.28 feet (N 61" 26' 42" W 1,634.40 feet calculated from 65 /LS /41) from the pin in concrete marking the intersection of said Prado Road with South Higuera Street; Thence south 59 012'09" east 1,296.01 feet to a point in the southerly right of way line of said Prado Road and the True Point of Beginning; Thence leaving said right of way line south 11055'21" east 70.96 feet to a point in the easterly line of said Parcel 2; Thence along said easterly line north 27 044'32" east 55.15 feet to the said southerly right of way line of Prado Road; Thence along said southerly right of way line north 62 °55'07" west 45.30 feet to the True Point of Beginning. Excepting therefrom the access easement area described in Doc. No. 11596, dated March 31, 1972, recorded in Book 1663 of Official Records at Page 662 in said County Recorder's Office. Containing 625 square feet more or less. The above - described parcel of land is graphically shown on Exhibit "C" attached hereto and made a part hereof. Josep . Morris P. .S. 6192 License expires 3/31/10 End Description SAND sU F yQQh T. Ma No. 6192 Exp. 3131/10 ��qTF o���Q • • LT &T LS 4819 PER R & P.O.C. s 4 SCALE �` \ 0 100 200 BOO 7x'96' \ �` 1 INCH = 200 FEET PARCEL A 1Sg9 -�o 351PM198 R PORTION PA, RCEL 2 `FDVT &T LS4819 PER` R! & P Q..C. Y - _ LEGEND T.P.O.B TRUE POINT OF BEGINNING P.O.C. POINT OF'COMMENCEMENT • FOUND MONUMENT AS NOTED R 65ILS141 PORTION OF.' PARCEL 1 61PM170 O FD #4 REBAR; O LS 3877 PER R1 S62 °08'04" 17.23' R1 29ILS142 T.P.O:B. PROPOSED ACCESS EASEMENT SCALE 0 15 30 Si7. I INCH = 30 FEET A9 812 CLARION COURT. ' ^'�'��� SAN�LCt15O8f5PO..CA0�1o1 T 86S U44011 . . F US 64+ 4204. wwwlw1"I- 66woupug WALLACE GROUP® to 1 0 us '` �r N U1 DETAIL A 1" =30' `EXISTING ACCESS EASEMENT PER �ry 16631OR1662 PERMANENT EASEMENT EXHIBIT EXHIBIT "C" JOB No.: 0061- 0027 -0200 ' DRAWING: EASE DRAWING DRAWN BY: MM DATE: 1012!2008 SCALE: 1" =30' CONSENT AND SUBORDINATION 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 TERMS, COVENANTS, CONDITIONS, AND RESTRICTIONS OF THE FOREGOING INSTRUMENT. The undersigned, beneficiary under that certain Deed of Trust recorded July 13, 2000 as Instrument No. 2000 - 038948 of 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 interest 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 County in recordable form acceptable to such insuring title company partial re-conveyances as to any rights granted and to be granted to County pursuant to this instrument. Dated: &r� Z/' .?00 q MIDSTATE BANK, NOW DOING BUSINESS AS RABOBANK, N.A. Linda mton, Senior ice President T: \clientsWewar \Consent&Subor Acknowledgment. State of California ) County of San Luis Obispo ) ss On Q� .a2�, 020Gg , before me _kG Notary Public in and for said State, personally appeared IN ,4 11U7- Al oved to me on the basis of satisfactory evidence to be the personXwhose ames (�f iS re subscribed to the wit instrument and acknowledged to me that he h " hey Ie executed the same in his their authorized capacity(ies), and that by his/ er heir signature(s on the instrument the person(s'f or the entity 'upon behalf of which the person(>) acted, executed the instrument. 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 Notary Public M.LOY N COMM. 11728543 tis+� NOTARY PUBLIC - CALIFORNIA �F SAN LUIS OBISPO COUNTY My Comm. Expires April 5 .2 j i Cd END OF DOCUMENT