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HomeMy WebLinkAboutD-2021 Offer to dedicate pedestrian easement (Florence Ave) 01-08-16R��_ ^,ate JAN 292016 Recording Requested b ii SLO CITY n and when recorded, return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 7 MY GONG San Luis Obispo County— Clerk/Recorder Rec rded at the request of Pu lic c#: 2016000863 AG 1/08/2016 11:55 AM Titles: 1 Pages: 8 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 No fee per Government Code Section 27383 OFFER TO DEDICATE PEDESTRIAN 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 public pedestrian 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, 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 c� _q�flo day of �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 liabi ' mpany Its: OWZA -Or nk MA Owe By: Name: 5ofy Grossman Title: Manaainp- 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 9,,g� � �i', before me, hr)e�k fL.U1rC�([1Yf - I D "Qr'�l` Date Name and Title of the Officer personally appeared, _ (y who proved to me on the basis of satisfactory evidence to be the person(* whose name( is /ape subscribed to the within instrument and acknowledged to me that heL%ho 4@y executed the same in his /herM -ti-e r authorized capacity(+es), and that by his /he0their signature(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. M s ANTONETTE CORDOVA WITNESS my hand and official seal. .r.� Commission # 1993635 . , � Notary Public - California z Santa Barbara County t,+IY Comm. Expires Oct 11.2016 Signature_ 141 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 Date personally appeared, Name and Title of the 01ricer 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: b TRUST DEED BENEFICIARY Wells Fargo Bank, National Association � rr ■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 } 1,os A-vtc � {{ __ On �� �l before me, � ia1C1 o. �6AA Date game and Title of t4officer personally appeared, Y- sy�(Amami \J kC2, Y211 &P-2— Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,?) name(4 isla(e subscribed to the within instrument and acknowledged to me that tAlshelt,(ey executed the same in his' /her /th 4ir authorized capacity (yeas), and that by #its/herftoigir signature() on the instrument the person„ or the entity upon behalf of which the person(4 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. �ttttettttttttnn 616119111811211111 IL WITNESS my hand and official seal, ��` COMM. T #20i��8 NOTARY PUSUC • CALIFORNIA K�A-&Ou LOSMGE`LE SCOUNTY Ii cnmrrtlsaion Expke� o311at2tJf 7 Signature _ �ttttt utttttttntrtuttttttetttttttt• Signature of Notary Public Place Notary Seal Above EXHIBIT "A" LEGAL DESCRIPTION PEDESTRIAN EASEMENTS - FLORENCE PARCEL 1 That portion of Lots 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 more particularly described as follows: Commencing at the southwest corner of said Lot 14, thence along the north right -of -way of Florence Avenue North 89 045'21" East, 14.28 feet to the True Point of Beginning; thence leaving said right -of -way North 26 019'15" East, 3.35 feet; thence North 89 045'21" East, 48.92 feet; thence South 26 048'33" East, 3.35 feet to the north right -of -way of Florence Avenue; thence along said right -of -way South 89 045'21" West, 51.92 feet to the True Point of Beginning. The above described property contains 151 square feet, more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein. PARCEL 2 That portion of Lots 11 and 12 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 the southwest corner of said Lot 12, thence along the north right -of -way of Florence Avenue North 89 04521" East, 14.36 feet to the True Point of Beginning; thence leaving said right -of -way North 26 019'15" East, 3.35 feet; thence North 89 045'21" East, 48.92 feet; thence South 26 048'33" East, 3.35 feet to the north right -of -way of Florence Avenue; thence along said right -of -way South 89 045'21" West, 51.92 feet to the True Point of Beginning. April 27, 2015; 2:31 PM Page 1 of 2 MA12 -141 Rachel Court -SLO Terrace\Legal Descriptions for Easements \14 - Pedestrian Easements- Florence.docx Randy Ellison The above described property contains 151 square feet, more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein. PARCEL 3 That portion of Lot 10 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 the southwest corner of said Lot 10, thence along the north right -of -way of Florence Avenue North 89 04521" East, 2.70 feet to the True Point of Beginning; thence leaving said right -of -way North 26 019'15" East, 3.35 feet; thence North 89 045'21" East, 20.90 feet; thence South 26 148'33" East, 3.35 feet to the north right -of -way of Florence Avenue; thence along said right -of -way South 89 045'21" West, 23.90 feet to the True Point of Beginning. The above described property contains 67 square feet, more or less and is shown graphically on Exhibit "B" attached hereto and incorporated herein. L AN S � LI fir. * C. N0. 5702 q.2Z -2017 Michael B. Stanton, PLS5702 Date 2F C April 27, 2015; 2:31 PM Page 2 of 2 MA12 -141 Rachel Court -SLO Terrace\Legal Descriptions for Easements\ 1 4-Pedestrian Easements - Florence.docx Randy Ellison _ /7. �1an o r 0 m I X iii Z M Cf)I� Z D m c C m I M... EXHIBIT "B" 1 N89'45'21 "E 14.36' 25' (n 00 7w c° ,. C° PARCEL 1 can_ `1 can 151 ± SQ FT N�: -N g :m N Eco rS26 °48'33 "E 3.35' /,­ P.O.C. PARCEL 2 z 00 J Cli 25' m cn � N 1N 1 N89 °45'21 "E 2.70' - 1 S89'45'21 "W 23.90' I �l T.P.O.B. PARCEL 2 -N26'19'15 "E 3.35' PARCEL 2 151± SQ FT S26 °48'33 "E 3.35' P.O.C. PARCEL 3 T.P.O.B. PARCEL 3 —N26 °19'15 "E 3.35' — N89'45'21 "E 20.90' PARCEL 3 p 0 I U 2 $TSHNELL _ _ BUSH ELL ST a N o MICHAEL B. STANTON, PLS 5702 30 GRAPH 15 SCALE 60 �L_l�V" ° 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 30 feet 805- 594 -1960 September 22, 2015 JOB 12 -141 14— Pedestrian Florence CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Offer To Dedicate Pedestrian Easement (Florence Avenue) dated 7 - Z Y - 20 IS , 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. 16- 2015 Date ATTEST: CITY OF SAN LUIS OBISPO - �1 �m� May an M [City seal required] END OF DOCUMENT