Loading...
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