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HomeMy WebLinkAboutD-2017 Offer to dedicate street tree easement (Rachel Court) 01-08-16TOMMY GONG 6ll"t ^ ;1t1U San Luis Ubispo County — clerk/Recorder Recorded at the request of JAN 20 201.6 Public Recording Reques ed by` i.V (--.L � i, D O C # • 2016000869 Titles: 1 and when recorded, return to: `--- -- . City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 AG 1/08/2016 11:55 AM Pages: 8 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, Brett E. Bargenquast and Morgan A Day, husband and wife, 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 Lot 1 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, described as follows: See Exhibit A, attached hereto, for legal description and Exhibit B, attached hereto, for graphical depiction. INl W2ITNESS WHEREOF, OFFEROR hereunto caused its /their name(s) to be subscribed this bc� day of QV , 2015. I � + FEROR: B tt E. Bargenquast (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 fie nh_�✓ /3 ;01(5 before me, iyinck 640V--q - /10,Z!� t to"h/rt. Date r Name and Title of the Officer personally appeared, Of M, J who proved to me on the basis of satisfactory evidence to be the person() whose name(,*) is /ar,6 subscribed to the within instrument and acknowledged to me that he /may executed the same in his /he#their authorized capacity(i"), and that by his /lam signature(a) on the instrument the person(s), or the entity upon behalf of which the person(.} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the paragraph is true and correct. WITNESS my hand and official seal. Signature LL��� Signature of Notary Public State of California that the foregoing ANTONETTE CORDOVA ,Commission # 1993635 Notary Public - California n z Santa Barbara County My Comm. Expires Oct 11, 2016 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 } //�� � nn,^, F r On d-y r3, ZOO; , before me, &4yo� L or*v-4— Nl "It-p Date Name and Title of the Officer personally appeared, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(e) is /acre subscribed to the within instrument and acknowledged to me that s e tkey executed the same in hie er Wir authorized capacity(aes), and that by-47is(ge t#aeir signs ure(s&) 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. ANTONETTECORDOVA Commission # 1993635 WITNESS my hand and official seal. .c Notary Public - California z Z Santa Barbara County v My Comm. Es ices Oct 11, 2016 Signature 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 89 025'31" West, 30.00 feet to the westerly right -of -way of Bushnell Street; thence along said Bushnell Street right - of -way South 00 002'05" 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 091 010'47 ", the radius point of which bears North 48 055'16" West, and a radial line out bears South 42 015'32" 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 00 134'29" 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 89 025'31" 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 00 034'29" East, and a radial line out bears North 42 015'32" 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 38 016'06" 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 W12 -141 Rachel Court-SLO TerraceTegal Descriptions for Easements\5- 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 Terrace\L.egal Descriptions for Easements\5- Exhibit A- Street Tree Easement.docx Randy Ellison South 89 125'31" West, 5.78 feet to the west line of said Lot 17; thence along said west line South 00 100'00" 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. Michael B. Stanton, PLS5702 Date vio AND LIC NO 5702,1/* C 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 s � � � � � � � EXHIBIT » B» RACHE� ST. ------- - ------- ------ - - -----' - '' 10 | [} cn )� ~- uv 0 x | ' ` PARCEL 4 � � � SOO*00'00"E 10.00' NO 5702 CD PARCEL 2 STREET PARCEL 1 TREE STREET EASEMENT By STREET EASEMENT BY SEPARATE DOCUMENT. C4 NOO'02'05"W 13.74' � ---� Gm --_--_ABANDONED PORTION � ABANDONED PORTION . �~ . OF BUSHNELL STREET OF BUSHNELL STREET // ~--3OQ��5J1'VV 3O�UO AND LELAND TERRACE (� POC STREET TREE -� ^000, � 0 EASEMENT 1 � �-----_�� MICHAEL B. STANTON, PL3 5702 GRAPHIC �5�� SUEL�O 3T� UNIT O 50 0 25 50 SAN LUIS {}B|3PO' CA 93401 LAND SURVEYS 805-594-1 960 ^ ^^^``^ - °" feet April 27. 2015 JOB #12-141 5-STREET TREE CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Offer to Dedicate Street Tree Easement (Rachel Court), dated 10 _ 13 • Z 0 « , from Brett E. Bargenquast and Morgan P. Day, husband and wife, 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. I l - I -Zak Date ATTEST: CITY OF SAN LUIS OBISPO ('/�' 41'-� ay r an Marx [City seal required] END OF DOCUMENT