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
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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
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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
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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
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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