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Home My WebLink AboutD-2015 Offer to dedicate street tree easement (Florence Ave) 01-08-16TOMMY GONG San Luis Obispo County— Clerk/Recorder JAN 2 9 2016 Recorded at the request of Recording Requested by Public AG 110812016 11:55 AM and when recorded, rretbrti b. ' D O C # : 2016000867 Titles: 1 Pages: 7 City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 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 (Florence Avenue) 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 10 to 14 in Block 15 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 10 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 day of 5p, e V 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 Its: 0MCA-tena6' Mi" Name: G Grossman Title: Wanagina 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�g&o by4>6K 21, X t; , before me, A �Dnd-P �t, �a fV� ru ! hlit, Date Name and Tltle of the Officer personally appeared, 6:74n blr-0,9 MOX who proved to me on the basis of satisfactory evidence to be the person(R) whose name(&) is /aFd subscribed to the within instrument and acknowledged to me that he /may executed the same in his /fir authorized capacity(ie ), and that by hislhegthfir signature(g) on the instrument the person(.$), or the entity upon behalf of which the person(e) 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. ANTONETTE CORDOVA WITNESS my hand and official seal. r: - Commission # 1993635 Z y.�_., : Notary Public - California z Z ` Santa Barbara County D My Comm_. Expires Oct 11, 2016 Signature Signature of Notary Public Place Notary Seal Above 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 , before me Date personally appeared, Name and Title of the Officer Name 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. 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 Signature of Notary Public 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: C1 I -:�Z b t TRUST DEED BENEFICIARY Wells Fargo Bank, National Association By: Name: r Its: 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 S,rrtcrisf?bispo } On °1�3t�j1� ,before me, Date Name and Title of Ihcer personally appeared, mo\'c . � X C:u P'& 1 Name of Sianer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name() isl.-fe subscribed to the within instrument and acknowledged to me that 0isheftj(ey executed the same in h�kherith it authorized capacity(i ), and that by t lherithp(r signature(s4 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. all tlMtlll tll1Ytl1lfi1llitl1lltlltltl?tlltltltltltltli WITNESS m hand and official seal. _ KMM. #HARD y '- r.�'�� COMM. #24111778 NOTARY PUBLIC - CAUFORNiA LOS ANGELES COUNTY Signatures Hnw- Signature Cammiss €on Expires 03/14/2017 of Notary Public Place Notary Seal Above EXHIBIT "A" LEGAL DESCRIPTION STREET TREE EASEMENT - FLORENCE That portion of Lots 10, 11, 12, 13, and 14 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 together with that 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 10 under California Civil Code 831 more particularly described as follows: The southerly 10.00 feet of said Lots 10 through 14 inclusive together with the extension thereof through and to the centerline of said abandoned portion of Bushnell Street. The above described parcel contains 2,284 square feet more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein by reference. AWd So C. N0. 5702//* -?- zi�'p -z9/P' Michael B. Stanton, PLS5702 Date April 27, 2015; 2:50 PM Page 1 of 1 W12 -141 Rachel Court-SLO Terrace\Legal Descriptions for Easements \13 -Exhibit A -Street Tree Easement - Florence.docx Randy Ellison 0 W E a r N cV O N (V N a v N ti u `w `o v v F- w v I M EXHIBIT "B" s� RACHEL IkT_ BUSHNELL ST. w dU HNELL ST 0 ABANDONED PORTION N OF BUSHNELL STREET g FINMICHAEL SVI B. STANTON, PLS 5702 50 G GRAPHIC SCALE 100 ° 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 1 inch =i0 feet IL • 805-594-1 960 September 22, 2015 JOB J1 2 -141 13— Street Tree Florence CERTIFICATE OF ACCEPTANCE .,._ -e- THIS IS TO CERTIFY that the interest in real property conveyed by the attached Offer to Dedicate Street Tree Easement (Florence Avenue), dated 9 - Z 4 - ZO [-- , 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-IC -Zo1S Date ATTEST: CITY OF SAN LUIS OBISPO May r 61 Marx [City seal required] END OF DOCUMENT