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