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Home My WebLink AboutD-2014 Offer to Dedicate Street Tree EAsement (Rachel Court) 01-08-16P JAN 2 9 2016 Recording Requested b �� „: p 'iTy and when recorded, return to: - City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 r MMY GONG AG 3a Luis Obispo County— ClerklRecorder 1/08/2016 11:55 AM Re girded at the request of P blic 6 C#: 2016000868 Titles: 1 Pages: g Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 No fee per Government Code Section 27383 OFFER TO DEDICATE STREET TREE EASEMENT (Rachel Court) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MI SLO Terrace, LLC, a Delaware limited liability company, hereinafter referred to as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for street tree purposes upon, over, under and across a portion of Lots 2 to 9 in Block 15 and Lots 13 to 18 of Block 11 of Buena Vista Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on map recorded October 20, 1887 and filed in Book A of Maps at Page 47 in the office of the County Recorder of said county, and a portion of Bushnell Street abandoned per Resolution No. 5865 (1986 Series) recorded January 13, 1986 in Volume 2790, Page 696 of Official Records of said County which would pass to said Lot 18 under California Civil Code 831, more particularly described as follows: See Exhibit A, attached hereto, for legal description and Exhibit B, attached hereto, for graphical depiction. IN WITNESS WHEREOF, OFFEROR hereunto caused its /their name(s) to be subscribed this a dayof S.p_afi-- P'i6ey' 2015. OFFEROR: MI SLO TERRACE, LLC A Delaware limited liability company By: MI BUILDERS, LLC A Delaware limited liability company Its: Manager By: GGCCB, LLC A California limited ilit company Its: OV6 AT"4G M, Adei2 LN Name: G ' y Grossman Title: na-ginjq Member (Attach Notary Certificate) (Attach Beneficiary Subordination) 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 San Luis Obispo } On September 24, 2015 before me, Antonette Cordova — Notary Public ate Name and Title of the Officer personally appeared, �-'l &Y- W ka-t" Myyl ne who proved to me on the basis of satisfactory evidence to be the person() whose name(g) is /aloe subscribed to the within instrument and acknowledged to me that he /sNeA -h" executed the same in his /heHtheir authorized capacity(ies), and that by his/her/14Q r signature(sl on the instrument the person(.0), 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. Signature Igna Ure 4 p afY U 1C Place Notary Seal Above ANTONETTECOROOVA a Commission # 199363.9 i •+ a� Notary Public - California Santa Barbara County My Comm. Expires Oct 11, 2016 Place Notary Seal Above 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 AGREEMENT OF THE FOREGOING INSTRUMENT The undersigned beneficiary, under that certain deed of trust recorded on February 6, 2015, as Document No. 2015- 005219, in the 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 interests 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 the County in recordable form acceptable to such insuring title company partial re- conveyances as to any rights granted and to be granted to the City of San Luis Obispo pursuant to this instrument. Dated: q NJ t r TRUST DEED BENEFICIARY Wells Fargo Bank, National Association wx-rll I 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 Obispo } On °11 7 (S` S �efore me, ► CA Date 1' a Name and Title of the o ee personally appeared, IkO A S�1 CJINVI�O� , y\,C,, Kd� Jp11 who proved to me on the basis of satisfactory evidence to be the erson(''} m whose name(p) isla/e subscribed to the within instrument and acknowledged to me that h6i`sheftl 6y executed the same in h)6lherlth &ir authorized capacity(io), and that by "iherfth)eir signature{A on the instrument the person(,g), 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 /r Hr/ /r KATIDIA HARD WITNESS my hand and official seal. COMM. #2011778 NOTARY PtlfiM - CAUFOAMA LOS ANGELES GOUtM " M �Grnt7tdlttlprl Expka811JQf1+4t24f7 Signature :/n/ /i, 1. / / / /r/ir /r�/w /rT /�• //qtr/ /� //� Signature of Notary Public Place Notary Seal Above EXHIBIT "A" LEGAL DESCRIPTION STREET TREE EASEMENT— RACHEL COURT PARCEL 1 That portion of Lots 8 and 9 in Block 15 of the Buena Vista Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map filed in Book A of Maps at Page 47 in the office of the County Recorder of said County more particularly described as follows: Commencing at a 5/8" rebar and cap "LS 5702" set to mark the intersection of the centerline of Bushnell Street with the south right -of -way of Rachel Court as shown on the map filed in Book 106 of Records of Surveys at Page 39, records of said County; thence along said south right -of -way of Rachel Court South 89 12531" West, 30.00 feet to the westerly right -of -way of Bushnell Street; thence along said Bushnell Street right - of -way South 00 102'05" East, 0.57 feet to the True Point of Beginning; thence along the arc of a curve to the right having a radius of 46.00 feet, through a central angle of 091 110'47 ", the radius point of which bears North 48 055'16" West, and a radial line out bears South 42 115'32" West, for an arc length of 73.20 feet; thence along the arc of a reverse curve to the left having a radius of 14.00 feet, through a central angle of 042 050'00 ", the radius point of which bears South 42 015'32" West, and a radial line out bears North 00 034'29" West, for an arc length of 10.47 feet to the south right -of -way of Rachel Court per said Record of Survey; thence along said south right -of -way South 89 125'31" West, 4.86 feet to the northwest corner of said Lot 8; thence along the west line of said Lot 8 South 00 008'53" East, 10.00 feet; thence leaving said west line North 89 025'31" East, 4.94 feet; thence along the arc of a tangent curve to the right having a radius of 4.00 feet, through a central angle of 042 050'00 ", the radius point of which bears South 00 134'29" East, and a radial line out bears North 42 115'32" East, for an arc length of 2.99 feet; thence along the arc of a reverse curve to the left having a radius of 56.00 feet, through a central angle of 080 031'38 ", the radius point of which bears North 42 015'32" East, and a radial line out bears South 38 116'06" East, for an arc length of 78.71 feet to the westerly right -of -way of Bushnell Street; thence along said right -of -way North 00 002'05" West, 13.74 feet to the True Point of Beginning. April 27, 2015; 10:43 AM Page 1 of 3 M: \12 -141 Rachel Court-SLO Terrace\Legal Descriptions for Easemen05-Exhibit A- Street Tree Easement.docx Randy Ellison The above described Parcel 1 contains 874 square feet more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein by reference. PARCEL 2 That portion of Lots 17 and 18 in Block 11 of the Buena Vista Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map filed in Book A of Maps at Page 47 in the office of the County Recorder of said County and a portion of Bushnell Street abandoned per Resolution No. 5865 (1986 Series) recorded January 13, 1986 in Volume 2790, Page 696 of Official Records of said County which would pass to Lot 18 under California Civil Code 831 more particularly described as follows: Beginning at the southwest corner of said Lot 17, said point of Beginning being on the north right -of -way of Rachel Court as shown on the map filed in Book 106 of Records of Surveys at Page 62, records of said County; thence along said north right - of -way North 89 025'31" East, 5.88 feet; thence leaving said right -of -way along the arc of a tangent curve to the left having a radius of 14.00 feet, through a central angle of 049 010'04 ", the radius point of which bears North 00 034'29" West, and a radial line out bears South 49 044'33" East, for an arc length of 12.01 feet; thence along the arc of a reverse curve to the right having a radius of 38.00 feet, through a central angle of 107 024'39 ", the radius point of which bears South 49 044'33" East, and a radial line out bears North 57 040'07" East, for an arc length of 71.24 feet to the north right -of -way of Rachel Court; thence along said right -of -way North 89 025'31" East, 2.28 feet; thence along the arc of a tangent curve to the right having a radius of 40.26 feet, through a central angle of 013 043'39 ", the radius point of which bears South 00 034'29" East, and a radial line out bears North 13 009'11" East, for an arc length of 9.64 feet; thence leaving said right -of -way along the arc of a non - tangent curve to the left having a radius of 48.00 feet, through a central angle of 116 002'40 ", the radius point of which bears South 66 018'08" West, and a radial line out bears North 49 044'33" West, for an arc length of 97.22 feet; thence along the arc of a reverse curve to the right having a radius of 4.00 feet, through a central angle of 049 010'04 ", the radius point of which bears North 49 044'33" West, and a radial line out bears South 00 034'29" East, for an arc length of 3.43 feet; thence April 27, 2015; 10:43 AM Page 2 of 3 W12 -141 Rachel Court-SLO TerraceTegal Descriptions for Easements\5- Exhibit A- Street Tree Easement.docx Randy Ellison South 89 025'31" West, 5.78 feet to the west line of said Lot 17; thence along said west line South 00 000'00" West, 10.00 feet to the Point of Beginning. The above described property contains 975 square feet more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein. PARCEL 3 That portion of Lots 1, 2, 3, 4, 5, 6, and 7 in Block 15 of the Buena Vista Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map filed in Book A of Maps at Page 47 in the office of the County Recorder of said County more particularly described as follows: The northerly 10.00 feet of said Lots 1 through 7 inclusive. Together with the westerly 10.00 feet of said Lot 1. The above described Parcel 3 contains 3,932 square feet more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein by reference. PARCEL 4 That portion of Lots 13, 14, 15, and 16 in Block 11 of the Buena Vista Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the map filed in Book A of Maps at Page 47 in the office of the County Recorder of said County more particularly described as follows: The southerly 10.00 feet of said Lots 13 through 16 inclusive. The above described Parcel 4 contains 1,601 square feet more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein by reference. , K�rs_a2�� O � *k\LIC. N0. 57021/* Michael B. Stanton, PLS5702 Date OF- April 27, 2015; 10:43 AM Page 3 of 3 W12 -141 Rachel Court-SLO TerraceTegal Descriptions for Easements\5- Exhibit A- Street Tree Easement.docx Randy Ellison : � � � ° 0 EXHIBIT » B» RACHEN- ST. / l | SOO*00'00"E 10.00' UC. NO. 5702 ol - �;� N89-25'31"E 4.94' EASEM�NT 2 STREET PARCEL I TREE 874± SQ FT STREET EASEMENT 8 STREET EASEMENT BY SEPARATE DOCUMENT. NOO'02'05"W 13.74' � ---� WiHNwwm.L wmw ---_-ABANDONED PORTION : ABANDONED PORTION -----_-'� �~ OF BUSHNELL STREET - OF BUSHNELL STREET // --~--S8A*25. 31'YV 30.00' AND LELAND TERRACE P0C STREET TREE—~ � 0� EASEMENT 1 � -_-_-- MICHAEL B. S��NTON' PL3 57D2 GRAPHIC 3563 SUEL[}D 3T. UNIT D SAN LUIS OB|SPD, CA 9,3401 ~` ^~~` 8O5-5S4-1 QOO ^ inch - Auri| 27. 2015 JOB #12-141 5-STREET TREE | | PARCEL 3 3,932± SQ FT | IF |^ PARCEL 4 1,601± SQ FT CD SOO*00'00"E 10.00' UC. NO. 5702 ol - �;� N89-25'31"E 4.94' EASEM�NT 2 STREET PARCEL I TREE 874± SQ FT STREET EASEMENT 8 STREET EASEMENT BY SEPARATE DOCUMENT. NOO'02'05"W 13.74' � ---� WiHNwwm.L wmw ---_-ABANDONED PORTION : ABANDONED PORTION -----_-'� �~ OF BUSHNELL STREET - OF BUSHNELL STREET // --~--S8A*25. 31'YV 30.00' AND LELAND TERRACE P0C STREET TREE—~ � 0� EASEMENT 1 � -_-_-- MICHAEL B. S��NTON' PL3 57D2 GRAPHIC 3563 SUEL[}D 3T. UNIT D SAN LUIS OB|SPD, CA 9,3401 ~` ^~~` 8O5-5S4-1 QOO ^ inch - Auri| 27. 2015 JOB #12-141 5-STREET TREE CERTIFICATE OF ACCEPTANCE .r- THIS IS TO CERTIFY that the interest in real property conveyed by the attached Offer to Dedicate Street Tree Easement (Rachel Court), dated 9 - 2- 1 Zo �5 , from MI SLO Terrace, LLC, a Delaware limited liability company, is hereby accepted, upon completion of public improvements, 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 Offeree consents to recordation thereof by its duly authorized officer or his agent. II -16 -2015 Date ATTEST: CITY OF SAN LUIS OBISPO (1, n4ci� Mayor J arx [City seal required] END OF DOCUMENT