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HomeMy WebLinkAboutD-2105 Elks Lane Irrevocalbe and Perpetual offer to dedicate st ROW and Public Ped accessRECEIVED 2 9 2018 Recording Requested by FNOV O CITY C L E R K and when recorded, return to: City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 2018045302 Tommy Gong San Luis Obispo - County Clerk -Recorder 10/30/2018 11:20 RM Recorded at the request of: PUBLIC Titles: 1 Pages: 10 Fees: $0.00 Taxes: 0.00 Total: 10.00 1111 VI I IRREVOCABLE & PERPETUAL OFFER TO DEDICATE STREET RIGHT OF WAY AND PUBLIC PEDESTRIAN ACCESS (Elks Lane) APN 053-041-072 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Community Action Partnership of San Luis Obispo County, Inc. a California nonprofit public benefit corporation, as OFFEROR., hereby OFFERS to the City of San Luis Obispo, a Municipal Corporation and charter City, as OFFEREE, an irrevocable easement for public street and public pedestrian access purposes upon, over, under and across a portion of certain property described as Lots 4, 5, and 20 of San Luis Obispo Suburban Tract according to the map filed in Book 1 of Record of Surveys at page 92, and further described as a portion of Parcel 2 of Certificate of Compliance recorded June 18, 2014, as Document No. 2014-023939 of Official Records 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 WITN9SS WHEREOF, OFFEROR hereunto caused its/their name(s) to be subscribed this 1 day of L. c> 1r v— , 20_Lg_ . OFFEROR: Community Action Partnership of San Luis Obispo County, Inc. a California nonprofit public benefit corporation L 21c� Print Name: 'x�°.� Chairman of the Board Print Name: VYJ LCCj 1jp V -e e Secretary/Treasurer 9 '-k 0 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. 1 J State of California County of San Luis Obispo On4]GT^ �%, olU t -t, before me, 1 ! rc&-, s Dale Name and Title of ibe Officer personally appeared, A -.)e- L a(;krLA- Name of Signer(s) ILI who proved to me on the basis of satisfactory evidence to be the person(@} whose name( is/arc-subscribed to the within instrument and acknowledged to me that.he/she/they, executed the same in4&/her/+heir authorized capacity(imr, and that by his/her/their signature(sj on the instrument the person(aj, 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. ,a• •,� MARCI SPERLO x� Notary Public - California WITNESS my hand and official seal. ZSan Luis Obispo CountyCommission p' 2251552 My Comm. Expires Aug 11, 2022 Signature tilgmaturev[ i'ubiis 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 14013 before me, _ V ) Q Y-C�f 1/ Z _ Date ". N—and Title ofthe Ofte, personally appeared,. l LLQ �aJ Namc ofsig—(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she*key executed the same in his/hen4he r authorized capacity(ies}; and that by his/herf fi6r signature(s�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. e;. MARCISPERLO Notary Public - California z :- > WITNESS my hand and official seal. San Luis Obispo County Commission k 2251552 My Comm. Expires Aug 18, 2022 Signature Stgwlm d Publie Pleee Nowry Seal Above EXHIBIT A Legal Description A portion Lots 4, 5 and 20 of San Luis Obispo Suburban Tract according to the map filed in Book 1 of Record of Surveys at page 92, and further described as a portion of Parcel 2 in Certificate of Compliance recorded June 18, 2014 as Document No. 2014- 023939 of Official Records of said County, being more particularly described as follows; STRIP NO. 1— ELKS LANE A fifty (50) foot wide strip of land, the centerline of which is described as follows: Commencing at the most southerly corner of said Parcel 2 being the south corner of that certain parcel of land described in document recorded in Book 2430, page 578 of Official Records of said County as shown on Record of Survey filed in Book 65, page 41 of Licensed Surveys, records of said County; thence North 62055'02" West, along the southwesterly line of said Parcel 2 and Northeasterly line of Prado Road, 25.02 feet to the True point of beginning; thence 1. North 2404423" East, along a line parallel with and twenty-five (25) feet northwesterly of, measured at right angles from, the southeasterly line of Parcel 2, a distance of 356.84 feet to the beginning of a tangent curve concave westerly, having a radius of 200.00 feet; thence 2. Northerly along said curve through a central angle of 8704437", an arc distance of 306.28 feet to a point twenty-five (25) feet southwesterly of, measured at right angles from, the northeasterly line of said Parcel 2; thence 3. North 63000'14" West, along a line parallel with and twenty-five (25) feet southwesterly of, measured at right angles from, the northeasterly line of said Parcel 2, a distance of 16.02 feet, more or less, to the northwesterly line of said Parcel 2. The sideli'Pes of said strip to be lengthened or shortened, as necessary, to meet the northwesterly line and southwesterly line of said Parcel 2. The above-described strip contains 35,234 square feet, more or less, and is graphically shown on Exhibit B attached hereto and made a part hereof. STRIP NO. 2 PUBLIC PEDESTRIAN ACCESS A two (2) foot wide strip of land, the northeasterly sideline of which being coincident with the southwesterly sideline of a twenty-five (25) foot wide strip which lies southwesterly of, measured at right angles from, the following described line: Beginning at the most southerly corner of said Parcel 2 being the south corner of that certain parcel of land described in document recorded in Book 2430, page 578 of Official Records of said County as shown on Record of Survey filed in Book 65, page 41 of Licensed Surveys, records of said County; thence North 62055'02" West, along the southwesterly line of said Parcel 2 and Northeasterly line of Prado Road, 25.02 feet to the True point of beginning; thence 1. North 24044'23" East, along a line parallel with and twenty-five (25) feet northwesterly of, measured at right angles from, the southeasterly line of Parcel 2, a distance of 356.84 feet to the beginning of a tangent curve concave westerly, having a radius of 200.00 feet; thence 2. Northerly along said curve through a central angle of 87°4437", an arc distance of 306.28 feet to a point twenty-five (25) feet southwesterly of, measured at right angles from, the northeasterly line of said Parcel 2; thence 3. North 63000'14" West, along a line parallel with and twenty-five (25) feet southwesterly of, measured at right angles from, the northeasterly line of said Parcel 2, a distance of 16.02 feet, more or less, to the northwesterly line of said Parcel 2. The sidelines of said strip to be lengthened or shortened, as necessary, to meet the northwesterly line and southwesterly line of said Parcel 2. The above-described parcel contains 1,273 square feet and is graphically shown on Exhibit B attached hereto and made a part hereof. TR P ND. 3 PUBLIC PEDESTRIAN ACCESS A four (4) foot wide strip of land, the southwesterly sideline of which being coincident with the northeasterly sideline of a twenty-five (25) foot wide strip which lies northeasterly of, measured at right angles from, the following described line: Beginning at the most southerly corner of said Parcel 2 being the south corner of that certain parcel of land described in document recorded in Book 2430, page 578 of Official Records of said County as shown on Record of Survey filed in Book 65, page 41 of Licensed Surveys, records of said County; thence North 62055'02" West, along the southwesterly line of said Parcel 2 and Northeasterly line of Prado Road, 25.02 feet to the True point of beginning; thence 1. North 24044'23" East, along a line parallel with and twenty-five (25) feet northwesterly of, measured at right angles from, the southeasterly line of Parcel 2, a distance of 356.84 feet to the beginning of a tangent curve concave westerly, having a radius of 200.00 feet; thence 2. Northerly along said curve through a central angle of 87°4437", an arc distance of 306.28 feet to a point twenty-five (25) feet southwesterly of, measured at right angles from. the northeasterly line of said Parcel 2; thence 3. North 63000'14" West, along a line parallel with and twenty-five (25) feet southwesterly of, measured at right angles from, the northeasterly line of said Parcel 2, a distance of 16.02 feet, more or less, to the northwesterly line of said Parcel 2. The sidelines of said strip to be lengthened or shortened, as necessary, to meet the northeasterly line and southeasterly line of said Parcel 2. Contains 1,163 square feet, more or less. Michael B. Stanton, PLS 5702 Date M:\14-089 RTA- CAPSLO 50 Higuera SLO\Legal Descriptions\ELKS LANE OFFER.doc 10/1/2018 1:08 PM C. N 0. 5 OF C AL�r % so. EXHIBIT "B" SAN LUIS OBJSP O (c) SUBURBAN rRAI r r <) ��� N63'00'14"W 1" IP IS 4819" 232.29' PER 65 RS 41 LOT 3 PTN LOT 4 C -C) O n UO1 1" IP "LS4819" PER 65 RS 41 N63'00'14"W I J 16.02'/- 0=87'44'37" R=200.00' - L=306.28' =200.00' -L=306.28' 25.00' FN D 1" IP IS 4819" PER 65 LS 41 0 0 NAIL AND TAG "LS4819" PER 65 RS 41 ORIGINAL NORTH LINE OF 40' WIDE ROAD (1 RS 92) 00 SCALE:1 "=150' GRAPHIC SCALE 0 75 150 300 ®INDICATES STRIP N0. 1 OFFER OF DEDICATION FOR ROAD � L„ ' (---))I- 0.�N24°44'23"E IZ 574.17' C) POINT OF r�l LQ �.)O SOUTH CORNER TRUE POINT OF NAIL AND TAG "LS4819" PER 65 RS 41 ORIGINAL NORTH LINE OF 40' WIDE ROAD (1 RS 92) 00 SCALE:1 "=150' GRAPHIC SCALE 0 75 150 300 ®INDICATES STRIP N0. 1 OFFER OF DEDICATION FOR ROAD � L„ �Do C) POINT OF r�l COMMENCEMENT SOUTH CORNER TRUE POINT OF OF PARCEL 2 BEGINNING N62'55'02"W 25.02' ',,-1 /2" REBAR IS 3877' PRADO FFSET ROAD PER465 RS 41 2' STRIP NO. 2 MICHAEL B. STANTON, PLS 5702 -� 3563 SUELDO ST. UNIT Q -11'"ijASAN LUIS OBISPO, CA 93401 IEWAV&'#O 805-594-1960 D ETA I L NOT TO SCALE JOB 4' STRIP NO. 3 NO. 14-089 CONSENT OF BENEFICIARY TO SUBORDINATE San Luis Obispo County Housing Trust Fund, a California nonprofit corporation, is a Beneficiary under that certain Deed of Trust(s) dated May 1, 2018, executed by Community Action Partnership of San Luis Obispo County, Inc., a California nonprofit public benefit corporation, Trustor, and recorded July 17, 2018, as Instrument Number(s) 2018-028925 of Official Records in the Office of the County Recorder, County of San Luis Obispo, State of California. The Deed of Trust(s) encumber(s) the real property described in the attached offer. As the Beneficiary of said Deed of Trust(s), the undersigned hereby consents (a) to the execution and recordation of the attached Irrevocable & Perpetual Offer to Dedicate Street Right of Way, (b) to the execution and recordation of an easement to the City of San Luis Obispo, if the offer is accepted by the City, and (c) to subordinate the undersigned's interest in the real property to the Irrevocable & Perpetual Offer to Dedicate Street Right of Way, and the easement. San Luis Obispo County Housing Trust Fund, a California nonprofit corporation Date: I ns/ I � ( (.r Date: Beneficiary Beneficiary [Signatures of Beneficiaries must be notarized] ACKNOWLEDGMENT 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 `ZC.t�., �w,, (] b t:�,42a On lug✓ 1(, , i before me,"AVC I {� (insert name and title of the officer) personally appeared GeWY:I ld �-- �.t ou" who proved to me on the basis of satisfactory evidence to be the person(e' whose name(* Wars - subscribed to the within instrument and acknowledged to me that he/ehe they executed the same in his/4e#their authorized capacity(, and that by his/her4their signature(s-) on the instrument the person(9j', 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. MARCISPERLO WITNESS my hand and official seal. _ '� = Notary Public - CaliforniaSan Luis Obispo County & Commission # 2251552 My Comm. Expires Aug 18, 2022 Signature - (Seal) CONSENT OF BENEFICIARY TO SUBORDINATE Pacific Premier Bank, is a Beneficiary under that certain Deed of Trust(s) dated July 2, 2018, executed by Community Action Partnership of San Luis Obispo County, Inc., a California nonprofit public benefit corporation, Trustor, and recorded July 29, 2018, as Instrument Number(s) 2018-030979 of Official Records in the Office of the County Recorder, County of San Luis Obispo, State of California. The Deed of Trust(s) encumber(s) the real property described in the attached offer. As the Beneficiary of said Deed of Trust(s), the undersigned hereby consents (a) to the execution and recordation of the attached Irrevocable & Perpetual Offer to Dedicate Street Right of Way, (b) to the execution and recordation of an easement to the City of San Luis Obispo, if the offer is accepted by the City, and (c) to subordinate the undersigned's interest in the real property to the Irrevocable & Perpetual Offer to Dedicate Street Right of Way, and the easement. Pacific Premier Bank Date: to t-4-68 en - iary 5VPRG+ur+i4l Cdc��t (7�rtfctvR Date: Beneficiary [Signatures of Beneficiaries must be notarized] 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 � tc personally appeared, Name of Sig mgf1k who proved to me on the basis of satisfactory evidence to be the personN whose nameW is/a'm subscribed to the within instrument and acknowledged to me that heAke/th`ey executed the same in his/hqr/)th@ir authorized capacity{'le4s , and that by his/W(tteyr signatures,} 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. LYNDSAY CLAIRE KATHERMAN Notary Public - California San Luis Obispo County Cortunlssion 0 2185730 Lq�ffmg Comm. Ex iras A r 1. 2021 µ 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 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 Paoli) OF DOCUMP"If