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HomeMy WebLinkAboutD-2065 Irrevocable & Perpetual Offer to Dedicate Public Sewer Easement - 570 Ellen - MacDonellRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo REti E•1VE Attn: City Clerk 990 Palm Street JUN 3 0 2017 San Luis Obispo, CA 93401 --SLO C: TY C"LFRK 2017025505 Tammy Gong San Luis Obispo - County Clerk -Recorder 86/12/2017 11:00 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 6 Fees: $0.00 Taxes: $0.00 Total: $0.00 11111ORKWC11'fd,�Ylllll em t fram RmEding Fm -Public a jjcy-Caov.CQdC46l0j IRREVOCABLE & PERPETUAL OFFER TO DEDICATE PUBLIC SEWER EASEMENT (570 Ellen) APN 001-121-033 and -03 7 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Gregory S. MacDonell and Jennifer D. MacDonell, as OFFEROR, hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for public sewer purposes upon, over, under and across the real property described as a portion of Block 7 of Hathway's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, Page 130 of Maps in the Office of the County Recorder of said County. Said irrevocable easement offer is described as follows: See Exhibit A, attached hereto, for legal description and Exhibit B, attached hereto, for graphical depiction. IN WITNESS WHEREOF, FFEROR hereunto caused its/their name(s) to be subscribed this -f day of 114,* -xi 2017. V I / - OFFE . gory . MacD n 1, Ow cr akA Grey try motc,0mnfill Jennifer 1j Mac onel , er 01ko ren vtfer /bac Vohe1j -z�ob-5- 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 I9{spe } �p�,n�� ClC'E G. On Nka4 -1,'M.327) , before rne, GbYi 16rilu I L° Date personally appeared,,�Qb �Name of sipe 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. GABRIELA KIDDY -GAN WITNESS my hand and official seal. NotaryPublic- California f �' Santa Clara County LML�M-- sion q 2181559 Signature ��,xpires Jan 27, 2021 Ignaua otarya Ir. 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 Cis re.. au— On to , before me, tl�i ,f, -C ; d d4 •a�+n_. �a Y�� ► C_ a e ame an011 ilffl of the otmer personally appeared, �`� �Narne Of $ gig t t v .. 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 paragraph is true and correct. WITNESS my hand and official seal. laws of the State of California that t eor going GABRIELA KIDDY -GAN Notary Public - California - Santa Clara County Commission N 2181559 C m Ex ires Jan 27, 2021 My om u Signature �51grialure 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 and assignment of rents recorded on November 19, 2015, as Document No. 2015-058904, 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: P / �- TRUST DEED BENEFICIARY Rabobank, N.A. By:�� Name: Its: ?t7 f— 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 ) )ss COUNTY OF SAN LUIS OBISPO ) On 201 r , before e, Lee- Pr Notary Public, personally peared wlt proved to me on the basis of satisfactory evidence to be the pers n{a'f whose name is are subscribed to the within instrument, and acknowledged to me that hsh hey executed the same in his e�heir authorized capacity, and that by his e their signature on the instrument the person(&'or the entity upon behalf of which the persorj(g) acted, executed the instrument. I declare 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. Notary Public SHERRY LEE CHEER Commission # 2126720 HOWY pubis - California a Bin Luk Obispo County Comm. Faints 3 19, 2019 ~ EXHIBIT A Legal Description Sewer Easement The land referred to herein below is situated in Block 7 of Hathway's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, Page 130 of Maps, in the office of the County Recorder of said County and is described as follows: That portion of Parcel 2 of Lot Line Adjustment SLO AL 14-0079, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per Lot Line Adjustment Agreement recorded '12 2 o as Instrument No. 2017- _ _ , in the office of the County Recorder of said County, described as follows: A strip of land ten (10) feet wide, the westerly line of which is described as follows: Commencing at the centerline monument near the southerly end of Ellen Way at the center of a cul-de-sac; thence South 89050'00" East, 37.50 feet to the northwesterly corner of Parcel 1 of said Lot Line Adjustment and a point on the easterly right-of-way line of Ellen Way being a point on a non -tangent curve concave northwesterly having a radius of 37.50 feet, a radial line to said curve bears South 89050'00" East; thence southwesterly along said right-of-way line and said curve through a central angle of 90000'00", an arc distance of 58.9 feet to the true point of beginning; thence leaving said right-of-way and along the westerly line of said Parcel 2, South 0010'00" West, 49.25 feet to an angle point in the westerly line of said Parcel 2 and the point of terminus. The easterly sideline of said strip is to be lengthened northerly to meet the Ellen Way right-of- way line. The southerly end of said easterly sideline is to terminate at right angles to the westerly line at the point of terminus. The above-described parcel is graphically shown on Exhibit B attached hereto and made a part hereof. Friday, May 06, 2016; 10:10 AM N:\2014\14-144 570 Ellen Way - San Luis Obispo\Lot Line Adjustment Documents\Sewer Esmt.docx Imagee B kko. �L ti0 EXHIBIT "B" D1 = BOOK 564, PAGE 173 OF OFFICIAL RECORDS CENTERLINE MONUMENT POINT OF COMMENCEMENT 'QP h PARCEL 1 SLO AL 14-0079 O E POINT)/�p� \�\PARCEL OF BEGINNINGSLO AL 14-0079 N0. 5702 yt O� 2 N v GRAPHIC SCALE LOT LINE A DJ U STM E NT 30 I 1 30 6° SLO AL 14-0079 ( IN FEET ) MICHAEL B. STANTON, PLS 5702 1 inch = 30 ft. 3563 SUELDO ST. UNIT Q 1111 SAN LUIS OBISPO, CA 93401 805-594-1960 September 30, 2015 JOB #14-144 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable & Perpetual Offer to Dedicate Public Sewer Easement, dated May 1, 2017, from Gregory S. MacDonell and Jennifer D. MacDonell is hereby accepted 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 Grantee consents to recordation thereof by its duly authorized officer or his agent. 6,1-Zo(7 Date ATTEST: Carrie Gallagher City Clerk CITY OF SAN [,UIS OBISPO [City seal required] F.'iVD OF DCCUME