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HomeMy WebLinkAboutD-2019 Offer to dedicate public utility easement (Rachel Court) 01-08-16No fee per Government Code Section 27383 OFFER TO DEDICATE PUBLIC UTILITY 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 public utility purposes, for public use and the benefit of the public utility companies, upon, over, under and across a portion of Lots 2 to 9 in Block 15 and Lots 13 to 18 in 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. r <FCF.a�,�'r..'g_� MY GONG AG San uis Obispo County— Clerk/Recorder 1/08/2016 JAN 2 9 2m necor ad at the request of 11:55 AM Pub! c Recording Requested b. C,, "�"�— and when recorded, return to: —� # = 2016000865 Titles: 1 Pages: 9 City Clerk Fees 0.00 City of San Luis Obispo Taxes Others 0,00 990 Palm Street PAID 0.00 $0.00 San Luis Obispo, CA 93401 No fee per Government Code Section 27383 OFFER TO DEDICATE PUBLIC UTILITY 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 public utility purposes, for public use and the benefit of the public utility companies, upon, over, under and across a portion of Lots 2 to 9 in Block 15 and Lots 13 to 18 in 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 e�q+k day of Oe-plewbe—r 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: 0ege- CT iPJG MAIN Name: ary Grossman Title: anap-in2 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,m 43Dlb ,before me, +UYC�vvu[? PICT Date Name and Title of the Officer personally appeared, & CLV2 J G rb SS m Name of Signer who proved to me on the basis of satisfactory evidence to be the person(.) whose name(,$) is /aFfe subscribed to the within instrument and acknowledged to me that he/she/ y executed the same in his /fir authorized capacity(ee), and that by his /her4eir signature(4Q on the instrument the person(.%), or the entity upon behalf of which the personW 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 �?. Commission # 1993635 WITNESS my hand and official seal. - -' _ Notary Public - California Z Santa Barbara Count D y 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 Name and Title of the Officer personally appeared, Name of Signers) 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: TRUST DEED BENEFICIARY Wells Fargo Bank, National Association .. 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 } On 30 11,5 before me, li�Jb� C1 Date Name and Tltle f th Officer personally appeared, Y -ru \J► C_�_, '!,1 Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(4 whose name(g) isfafe subscribed to the within instrument and acknowledged to me that h� /she /tl 6y executed the same in htsfher /tVeir authorized capacity(,Ws), and that by hAfherlth%rir signature(g) on the instrument the person(o, 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. 4rrsrrr Neill MISS rrrrsrrrrrrsrrs oil r& HAFI WITNESS my hand and official seal. _�2Qti776 Z NOTARY PUMX • CAUFORNIA + LOS MUMS COUNTY f ', = Mt Commission F.xpifea OW14f2017 Z Signature j ri.z wrrsrr rrrrrrrryrrrnrr+trrrrfrnrrrrrr Signature of Notary Public Place Notary Seal Above EXHIBIT " "A" LEGAL DESCRIPTION PUBLIC UTILITY 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 west 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 °50'00 ", 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 89 025'31" 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, 6.00 feet; thence leaving said west line North 89 025'31" East, 4.91 feet; thence along the arc of a tangent curve to the right having a radius of 8.00 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 5.98 feet; thence along the arc of a reverse curve to the left having a radius of 52.00 feet, through a central angle of 084 005'21 ", the radius point of which bears North 42 015'32" East, and a radial line out bears South 41 049'49" East, for an arc length of 76.32 feet to the west right -of -way of Bushnell Street; thence along said right -of -way North 00 002'05" West, 8.52 feet to the True Point of Beginning. Monday, April 27, 2015; 10:09 AM Page 1 of 3 M: \12 -141 Rachel Court-SLO Terrace \Legal Descriptions for Easements \6 - Exhibit A- Public Utility Easement.docx Randy Ellison The above described Parcel 1 contains 527 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 north 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 north 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 40.52 feet, through a central angle of 006 043'11 ", the radius point of which bears South 00 034'29" East, and a radial line out bears North 06 008'42" East, for an arc length of 4.75 feet; thence leaving said north right -of -way along the arc of a non - tangent curve to the left having a radius of 44.00 feet, through a central angle of 112 032'18 ", the radius point of which bears South 62 047'45" West, and a radial line out bears North 49 044'33" West, for an arc length of 86.42 feet; thence along the arc of a reverse curve to the right having a radius of 8.00 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 00 134'29" East, for an arc length of 6.87 feet; thence Monday, April 27, 2015; 10:09 AM Page 2 of 3 M: \12 -141 Rachel Court -SLO Terrace \Legal Descriptions for Easements \6 - Exhibit A- Public Utility Easement.docx Randy Ellison South 89 125'31" West, 5.82 feet to the west line of said Lot 17; thence along said west line South 00 °00'00" West, 6.00 feet to the POINT OF BEGINNING. The above described property contains 564 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 6.00 feet of said Lots 1 through 7 inclusive. Together with the westerly 6.00 feet of said Lot 1. The above described Parcel 3 contains 2,383 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 6.00 feet of said Lots 13 through 16 inclusive. The above described Parcel 4 contains 961 square feet more or less and is shown graphically on Exhibit "'B" attached hereto and incorporated herein by reference. Michael B." Stanton, PL5702 %ZZ - Z% Date Monday, April 27, 2015; 10:09 AM Page 3 of 3 M: \12 -141 Rachel Court-SLO Terrace \Legal Descriptions for Easements \6 - Exhibit A- Public Utility Easement.docx Randy Ellison 0 A2 EXHIBIT "B00 RACHEL ST. 6' — )> 0-) -41 PARCEL 3 2,383± SQ FT Ull 0) 17 . ........ A �~ I r 0 C 6-1 —61 PARCEL 4y. 961 ± SQ FT (JI 25' 25' 00'00'00"E 6.00' 0 NO. 5702 N00*08'53"W 6.00' N89 °25'31 'E 5.88, ' 2t P P, S89'25'31 "W F cp, 589'25 " W 5.8 12' PUE 2 N89-25'31"E 4.9l'—r' A= 49 -10'0 4 " R=8*100' L=6,87' A= 4250'00" R=8.00' A =49 °10'04" R=14.00' L=12.01' A=42'50'00" R=14.00' L=10.47'- A =91 °10'47" R=46.00' ,.,—A=107'24'39" R=38.00' L=71.24' PARCEL 2 A=84*05'21" R=52.00' L=76.32' T POB 564± SQ FT PARCEL 1 PUE 1 527± SQ FT A=112*,32'18" R=44.00' L=86.42' STREET EASEMENT BY - - - - - - - - STREET EASEMENT BY - - - - - - - SffA-qKTff- 55-C7U9CNT SEPARATE DOCUMENT. CA N00 '02'05"W 8.52'' N89'25'31 "E 2.28' 0 S00 '02'05"E 0.57 ) A=6'43'11" R=40.52' L=4.75' rL BUSHNELL ST- ABANDONED PORTION ABANDONED PORTION —/ OF BUSHNELL STREET OF BUSHNELL STREET POC S89 °25'31 "W 30.00' AND LELAND TERRACE 0 (A PUE 1 V" CD MICHAEL B. STANTON, PLS 5702 GRAPHIC SCALE 0 3563 SUELDO ST. UNIT Q 5.0 0 215 5.0 100 SAN LUIS OBISPO, CA 93401 119 mmw momkr OYAMIA 805-594-1960 1 inch = 50 feet m April 27, 2015 JOB #12-141 6- PUE CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Offer to Dedicate Public Utility Easement (Rachel Court), dated q - 2 Y - ZO (S , 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. It- I� -26f5 Date ATTEST: Jon im City Clerk CITY OF SAN LUIS OBISPO Mayor J Marx [City sea? required] END OF DOCUMENT