HomeMy WebLinkAboutD-2110 Irrevocable and Perpetual Offer to Dedicate St Right of Way - Orcutt Rd - FialaRecording Requested by
and when recorded, return to:
City Clerk D�
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
SLO CITY CLERK
461tel fl'rr I
Tommy Gong
San Luis Obispo - County Clerk -Recorder
11/30/2018 01:48 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 7
Fees: $0.00
Taxes: $0.00
Total: $0.00
1111 P" hy'116110 F Y @ t�@ 11tl2FYIIIII
IRREVOCABLE & PERPETUAL
OFFER TO DEDICATE STREET RIGHT OF WAY
(Orcutt Road)
APN 004-705-007
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Paul E.
Fiala, 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 utilities purposes
upon, over, under and across a portion of certain real property described as a portion of Lot 126 in
the San Luis Obispo Suburban Tract in the City of San Luis Obispo, County of San Luis Obispo,
State of California, according to map recorded February 6, 1906, in Book 1, Page 92 of Records of
Surveys 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, OFFEROR hereunto caused its/their name(s) to be subscribed this
7—K� day of f-6 . 20 /t-.
OFFEROR:
Paul E. Fiala
9 ZSAO
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 10—Q—r Q , before me, L
1]nre
personally appeared,
AUL L, It4
12-7M Al L
Name and,riiii a theoflic
G 4 -
A)D7"rr4P2V/ PUgL I`C-
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.
L. A. BERTRAND
WITNESS my 1 Notary Public - Callfornla
S San Luis Obispo County
Commission; 2210707
My Comm. Expires Sep 16, 2021
Signature
Signature of otary 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
, before me,
Date Name and Title ofthe Officer
personally appeared,
htantc 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 OF BENEFICIARY TO SUBORDINATE
JP Morgan Chase Bank, N.A., is a Beneficiary under that certain Deed of Trust(s) dated
March 16, 2005, executed by Paul E. Fiala, and recorded March 23, 2005, as Instrument Number
.2005-022376 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.
JP Morgan Chase Bank, N.A.
By: Date: Apa,L ra, z -it
Print Naive and Title: c tikq r sA lyi -ccs , �ica PKc4j0&-41-r
Date: av a, -,-z—' P,
Print Name and Title: ; P - e - r - X r .a`r aV y l c c� P R &,5 ► u --,-7 _ _
r- — ......_.._.. ..
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 ofC-44f@R" ARIzc' -- A
County of ' )
v" Cwi ••i
On ►�► �,.L._.1�T before me, KArr M pAv� hc
Dale Wnw mx! Tilly orthr O£ricrs
personally appeared, _ e �.i tc,L 14 H rd ra �., I 0Nru5 +I n.? ✓cr(
nc o Sipner�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.
KATIE M DAVIS
Notary Public - Arizona
WITNESS my hand and official seal, Maricopa County
*My Comm. Expires Jun 7, 2020
Signature
�p�mwe ■f Nalnry Puh]ic Place Notuy 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 Mame and iillr of the ORIM
personalty appeared, ___
pains Of Signn(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
Si ware of Notary Public Place Notary Seal Above
CONSENT OF BENEFICIARY TO SUBORDINATE
MIN NO: 100052599989401688
MERS Phone: 1-888-679-6377
Mortgage Electronic Registration Systems, Inc, as nominee for Flagstar Bank, FSB, Its Successors
and Assigns is a Beneficiary under that certain Deed of Trust(s) dated March 1, 2004, executed by
Paul E. Fiala, and recorded March 5, 2004, as Instrument Number 2004-017571 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 & Prepetual 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
& Prepetual Offer to Dedicate Street Right of Way, and the easement.
Mortgage Electronic Registration Systems, Inc,
As nominee for
Flagstar Bank, FSB
Its Sucessors and Assigns
am
Print
ke-, T— "�s 04",
Womack, Vice Pres
and Title: zQ• "' Wd,,!Lk f Va—
STATE OF ARKANSAS, COUNTY OF PULASKI ss.
Date: 7 -2 -18 --
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, CERTIFY
THAT Jesse R. Womack, personally known to me to be the same person(s) whose name(s) is
subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged
that they signed, sealed and delivered the said instrument as their free and voluntary act, for the
uses and purposes therein set forth, including the release and waiver of the right of homestead.
Given under my hand and official seal, this day offt�, 2018.
C44— ,�"ssi :igy KYLE R. LOUKOTA
(Notary Public) MY COMMISSION # 12385351
;: ...
WIRES: peen
I(Yl. • c••.... •• �,: giber 10, 2021
�1� Pulaski County
EXHIBIT A
LEGAL DESCRIPTION
RIGHT OF WAY DEDICATION FOR ORCUTT ROAD - LANDS OF FIALA
ALL THAT REAL PROPERTY IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA DESCRIBED AS FOLLOWS:
A PORTION OF LOT 126 OF THE SAN LUIS OBISPO SUBURBAN TRACT AS SHOWN ON THE MAP
RECORDED FEBRUARY 6, 1906 IN BOOK 1 OF RECORD OF SURVEYS AT PAGE 92 SAID PORTION MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 126 FROM WHICH POINT A 11NCH IRON
PIPE WITH TAG RCE 7720 BEARS SOUTH 58" 02' 29" WEST 0.89 FEET, THENCE ALONG THE
NORTHEASTERLY LINE OF SAID LOT ALSO BEING THE SOUTHWESTERLY LINE OF ORCUTT ROAD SOUTH
38° 30'34" EAST 90.64 FEET TO THE MOST NORTHERLY CORNER OF LOT A AS SAID LOT IS SHOWN ON
THE MAP OF TRACT 3066 PHASE 1 RECORDED IN BOOK 36 OF MAPS AT PAGES 41 THROUGH 45
INCLUSIVE AND FROM WHICH A REBAR WITHOUT CAP BEARS SOUTH 40'06'56" WEST 1.10 FEET;
THENCE ALONG THE NORTHWESTERLY LINE OF LOT A SOUTH 40'06'56" WEST 20.38 FEET;
THENCE LEAVING SAID NORTHWESTERLY LINE OF LOT A NORTH 39° 37'53" WEST 97.19 FEET TO A
POINT IN THE NORTHWESTERLY LINE OF THE HEREINABOVE DESCRIBED LOT 126;
THENCE ALONG THE NORTHWESTERLY LINE OF LOT 126 NORTH 58'02' 29" EAST 22.03 FEET TO THE
POINT OF BEGINNING AND TERMINUS OF THIS DESCRIPTION CONTAINING 1966 SQUARE FEET MORE
OR LESS.
THE BASIS OF BEARINGS OF THIS DESCRIPTION IS NORTH 36° 51' 34" WEST BETWEEN POINT 8208 AND
POINT 8097 AS SAID POINTS ARE PUBLISHED IN THE CITY OF SAN LUIS OBISPO HORIZONTAL CONTROL
NETWORK, CALIFORNIA COORDINATE SYSTEM ZONE 5, EPOCH 1991.35, NAD 83.
END OF DESCRIPTION
S�a�A�DSUh'L
h1 ROeElk � tfy�
NO. 7690
* EXP. 12-31-18 'k
9T��
ipF CAL.
FEBRUARY 5, 2018
0
a
L
FOUND 1" IP RCE 7720
TRUE CORNER BEARS
N58'02'29"E 0.89'
TAYLOR 22.03'
1 FIALA
0.89
DETAIL 'A'
20'
N
O
On
C
0
20'
POINT OF
BEGINNING
FOUND 1" IP RCE 7720 t
LANDS OF TAYLOR- TRUE CORNER BEARS `
C.C. O.R. 2012-002860 N58°02'29"E 0.89'
t
OT 1 2 6
1Rco J2
DETN'
O n
1.10'
34 — —
'B'
EXHIBIT B-
0 60 120
3
1 INC N = R(1 FFFT
X61 A ND SURL
ki"� c,PN R 0 A%
y 00
NO. 7690
* EXP. 12-31-18
PLATT TO ACCOMPANY LEGAL DESCRIPTION
ORCUTT ROAD RIGHT OF WAY DEDICATION
CITY OF SAN LUIS OBISPO, CALIFORNIA
DRAWN BY
JRP
END rF DOCUMENT
N58°02'29"E/
N 58"02'29"E
22.03 '
0
SEE DETAIL 'A' c" ~
6
C
LANDS OF FIAL �I
1785/OR/547
S40'06'56"W zl
N\
20.38'/
lbr
�Ap OC"
FOUND N' REBAR,
TRUE CORNER
BEARS N40°06'56"E 1.10'
LOT A
SEE DETAIL 'B'
I
TRACT 3066 -PHASE
1
34'
(36MB41-45)
0
l
O n
1.10'
34 — —
'B'
EXHIBIT B-
0 60 120
3
1 INC N = R(1 FFFT
X61 A ND SURL
ki"� c,PN R 0 A%
y 00
NO. 7690
* EXP. 12-31-18
PLATT TO ACCOMPANY LEGAL DESCRIPTION
ORCUTT ROAD RIGHT OF WAY DEDICATION
CITY OF SAN LUIS OBISPO, CALIFORNIA
DRAWN BY
JRP
END rF DOCUMENT