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Home My WebLink AboutD-1880 Parcel 3 Parcel Map SLO 04-160 Book 68, Pages 69-70 Recorded 02/02/20110 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 JULIE RODEW San Luis Obispo Cow Clerk/Recorder Recorded at the `request 01 Public zmpmoseae AM 210212011 2:33 PM Titles: 1 Pages: '12 ' Fees Taxes Others PAID (Space Above Line for Recorder's Use Only) GRANT DEED AND OFFER Of DEDICATION (Public Bicycle and Pedestrian Access and Drainage) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, VILLAGE AT BROAD STREET FAMILY HOUSING, L.P., a California limited partnership ( "Grantor "), hereby grants and irrevocably offers to dedicate to the CITY OF SAN LUIS OBISPO, a chartered municipal corporation ( "Grantee "), an easement in, over, across, and upon that certain property located in the City of San Luis Obispo, County of San Luis Obispo, State of California, described in EXHIBIT "A -1" and graphically depicted in EXHIBIT "A -2," both of which are attached hereto and made a part hereof by this reference ( "Easement Area "), for purposes of- (i) PUBLIC ACCESS for bicycle and pedestrian ingress and egress to, from and between Alphonso Street and the future public bike path intended to be acquired by the City and constructed adjacent to the railroad tracks; and (ii) DRAINAGE of water onto the Easement Area from the future public bike path intended to be acquired by the City and constructed adjacent to the railroad tracks. Grantor further grants and irrevocably offers to dedicate to the Grantee a temporary construction easement in, over, across, and upon the Easement Area for the purpose of construction of a future connection to the planned bike path adjacent to the railroad tracks. Grantor shall be responsible for maintenance and upkeep of all improvements in the Easement Area. [SIGNATURE ON FOLLOWING PAGE] 60888\1 59332.1 0.00 0.00 0.00 $0.00 I • IN WITNESS WHEREOF, the undersigned has executed this document as of the day and year indicated. Dated: 9' J5 ") 0 GRANTOR: VILLAGE AT BROAD STREET FAMILY HOUSING, L.P., a California limited partnership By: ROEM DEVELOPMENT CORPORATION, a California corporation, its general partner By: Nam Title 60888\159332v1 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: COUNTY OF ) On cX^'( • '11 2010 2010, before T9, _ FQ n Cihad h. ere insert name of the officer), Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the personxwhose nams�s_) is /are subscribed to the within instrument and acknowledged to me that he /shekhey executed the same in his /her'4heir• authorized capacityW, and that by his/her /their signatures4 on the instrument the person(e, or the entity upon behalf of which the personv 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. nannc�etneuugxox�o�aewnp�pW t FARHEEN ISHATALAl COMM. N0.1796807M Si hue of Notary Public i ® NOTARY PUBUC- CALIFORNIA R SANTA CLARA COUNTY 1 COMM. EXPIRES APRIL 28, 2012 i 6�nlnaumn ImIlla nunu'nean=UT"M EXIiIBIT A -1 PUBLIC BICYCLE AND PEDESTRIAN ACCESS AND DRAINAGE EASEMENT Legal Description That portion of Parcel 3 of Parcel Map SLO 04 -160, in the City of San Luis Obispo, County of San Luis Obispo., California, according to the map filed in Book 68 of Parcel Maps, Pages 69 -70 in the office of the County Recorder of said County, described as follows: Beginning at the inost southerly comer of said Parcel 3; thence 1. Along the southwesterly line of said Parcel 3 North 5 3 °54'54" West 42434 feet; thence 2. Leaving said southwesterly line North 69 123'33" East 56.60 feet to a line parallel with and 47.30 feet northeasterly of said southwesterly line; thence 3. Along said parallel line South 53 °54'54" East 288.92 feet to the southeasterly line of said Parcel 3; thence 4. Along said southeasterly line South 29 °31'48" East 114.56 feet to the Point of Beginning. The above - described parcel is graphically shown on Exhibit A -2 attached hereto and made a part hereof. End Description / Ln ND s O IC. NO. 7561 'dr Exp. 12/2011 Q EXHIBIT A -2 .DRAINAGE, BIKE TRAIL AND TEMPORARY CONSTRUCTION EASEMENT 1 1 � 1 •� PARCEL 1 SW 04 -160 o� 1 y � i y /I 1 \ -- --- - - - - -- + + 1 + 1 PARCEL A, +1 ' SL 80 -174 I ALPMONSO Sr v� 90� oy i PARCEL 2 ' SL 0 04 -160 PARCEL 3 SLO 04 -160 N692J'JJ'£ 56,60' _ k 1 T SCAM 1' =120' :1148 "£ 114.56' • • BENEFICIARY CONSENT AND SUBORDINATION TO GRAND DEED AND OFFER OF DEDICATION (Public Bicycle and Pedestrian Access and Drainage) Citibank, N.A., a national banking association, is Beneficiary under the Deed of Trust dated July 9, 2010, executed by Village at Broad Street Family Housing, L.P., a California limited partnership, recorded July 9, 2010 as Instrument Number 20100032000of Official Records in the Office of the Office of the County Recorder, County of San Luis Obispo, State of California ( "Deed of Trust "). The Deed of Trust encumbers the real property described in the attached Grant Deed and Offer of Dedication (Public Bicycle and Pedestrian Access and Drainage) (the "Grant Deed "). As the Beneficiary of the said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Grant Deed, and agrees that upon recordation of the Grant Deed, Beneficiary's interests in said real property shall be subordinate to the Grant Deed. Date: �� Beneficiary: CITIBANK, N.A., a national banking 'association By. Name: Kathy Millhouse Title: Vice President ALL SIGNATURES MUST BE NOTARIZED 60888 \40]3370v] ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss: COUNTY OK PaL41" ) On November;, 2010, before me, 7 /— X 6 16, (here insert name of the officer), Notary Public, personally appeared Kathy Millhouse; who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he /she /they executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person 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. ------ T INA O'OONOHOE Commission #F 1866942 a Notary Public - California i = San Francisco County M Comm. Expires Oct 2. 2013 Signature of Notary Public (Seal) 60888 \4013370v1 BENEFICIARY CONSENT AND SUBORDINATION TO GRAN_ D DEED AND OFFER OF DEDICATION (Public Bicycle and Pedestrian Access and Drainage) California Tax Credit Allocation Committee is Beneficiary under the Deed of Trust dated Julv 9.2010 executed by Village at Broad Street. Familv Housing, L.P , recorded July 9, 2010 as Instrument Number '2010032004 of Official Records in the Office of the Office of the County Recorder, County of San Luis Obispo, State of California ("Deed of Trust "). The Deed of Trust encumbers the real property described in the attached Grant Deed and Offer of Dedication (Public Bicycle and Pedestrian Access and Drainage) (the "Grant Deed "). As the Beneficiary of the said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Grant Deed, and agrees that upon recordation of the Grant Deed, Beneficiary's interests in said real property shall be subordinate to the Grant Deed. Date: January 24, 2011 Beneficiary: Date: 60888 \4013370v 1 .California Tax Credit Allocation Committee By: Name: William Pavao Title Executive Director Beneficiary: Bv: _ Name: Title ALL SIGNATURES MUST BE NOTARIZED 0 . 0 ACKNOWLEDGMENT State of California County of Sacramento On before me, Diana L. Hester, Notary Public (insert name and title of the officer) personally appeared I-A I 1 LA-1- ELM Q . t' r Tv 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. r DIANA L. NESTER WITNESS my hand and official seal. Comm.# 1801621 ►n N • ® NOTARY PUBLIC•CALIFORNIA N SACI;AMENTO COUNTY ;AY COMM. EXP. JUNE 14, 2012 � C ��i`/ Signature (Seal) • • BENEFICIARY CONSENT AND SUBORDINATION TO GRANT DEED AND OFFER OF DEDICATION (Public Bicycle and Pedestrian Access and Drainage) City of San Luis Obispo, a municipal corporation is Beneficiary under the Deed of Trust dated November 20, 2009, recorded November 25, 2009, as Instrument Number 2009 - 065490 of Official Records in the Office of the Office of the County Recorder, County of San Luis Obispo, State of California ( "Deed of Trust "). The Deed of Trust encumbers the real property described in the attached Grant Deed and Offer of Dedication (Public Bicycle and Pedestrian Access land Drainage) (the "Grant Deed "). As the Beneficiary of the said Deed of Trust, Beneficiary hereby consents to the execution and recordation of the Grant Deed, and agrees that upon recordation of the Grant Deed, Beneficiary's interests in said real property shall be subordinate to the Grant Deed. Date: 111-Z111 BENEFICIARY: CITY OF SAN LUIS QBISPO, a municipal corporation Lichtfg, 'Cit} Manager APPROVED AS TO FORM: ALL SIGNATURES MUST BE NOTARIZED 60888 \4021797vl city Of sAn luis oBispo 990 Palm Street, San Luis Obispo, CA 93401 -3249 STATE OF CALIFORNIA ) )ss COUNTY OF SAN LUIS OBISPO ) On January 13, 2011, before me Elaina Cano, City Clerk, personally appeared Katie Lichtig, City Manager, CITY OF SAN LUIS OBISPO, who proved to me on the basis of satisfactory evidence to be the person whose name( is /a/6 subscribed to the within instrument and acknowledged to me t hil/she /th executed the same in hi/her /their' authorized capacity(), and that by Vs/ her /th r signature%on the instrument the person(, or the entity upon behalf of which the pe son acted, executed the instrument. �l 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 .$•. �! City Clerk (Seal) NThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. CERTIFICATE OF ACCEPTANCE _ __ _ .. _ ................... — ......... - - -- - -� THIS IS TO CERTIFY that the interest in real property conveyed by Grant Deed and Offer of Dedication (Public Bicycle and Pedestrian Access and Drainage), dated 9-15-10 , from Village at Broad Street Family Housing, L.P., a California limited partnership 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: 12- I 2 0 1 0` CITY OF SAN LUIS OBISPO Mayor David F. Romero ATTEST: Elaina Cano City Clerk END OF DOCUMENT