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HomeMy WebLinkAboutD-2131 Vachell Ln - Irrevocable Perpetual Street ROW - Sports Warehouse Properties2019035898 Tommy Gong San Luis Obispo - County Clerk -Recorder 08/29/2019 10:22 AM Recording Requested by Recorded at the request of: and when recorded, return to: PUBLIC Titles: 1 Pages: 8 Cit Clerk Rl Fees: $0.00 City Taxes: $0.00 City of San Luis Obispo Total : 21 $0.00 San Obispo, On Leo, CA 93401 SEP I � 2019 'III �,��R���������1��'I III p SLO CITY CLFRK APN: 053-259-001 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE STREET RIGHT OF WAY FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SPORTS WAREHOUSE PROPERTIES II, LLC ("Offeror"), hereby offers to the City of San Luis Obispo, a Municipal Corporation and Charter City, as Offeree, an irrevocable and perpetual easement for public street and utilities purposes upon, over, under and across a portion of certain property described as: a portion of Lot 18 of the Harford and Chapman Subdivision in the County of San Luis Obispo, State of California, according to Map recorded in Book B, Page 30 of maps also shown in Record of Survey recorded in Book 76, Page 6 of Record of Surveys, as described in the Grant Deed recorded as Document Number 2007-060604 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 day of moty-4y 2019. "Offeror": Sports Warehouse Properties II, LLC, a California�l ite iability company BYL-: DREW MUNSTER, MANAGER 1 2�3 � 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 5-AIJ L(lI S On 3 - 29-19 before me, Z-, R • e7/27P"q-Aj b , notary public personally appeared 'b>Q C VV n4 VIV S7c/2 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 signatures(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 "a L. A. BERTRAND Notary Public - California ^ San Luis Obispo County Commission = 2210707 my Comm. £xMes Sep 16. 2621 (Seal) T:\clientsWvilaRanch\BuckleyRoad\SportsWarehouse\OfferOfDedicationStreetROW-FINAL032019 2 CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the attached Irrevocable & Perpetual Offer to Dedicate Street Right of Way, dated , from Sports Warehouse Properties II, LLC, 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, upon completion of the improvements to the satisfaction of the City, and the Grantee consents to recordation thereof by its duly authorized officer or his agent. �u4�5�r 21, 9t1D1'1 Date CITY OF SAN LUIS OBISPO )(-19—, IL—L yor eidi Harm 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 oar -a? - aoiq before me,�Yle awn i1�1 �I�oa,�1t,5 , e�o�ru 1: Date Name and Title of the Officer personally appeared, : y► Name of Signers) who proved to me on the basis of satisfactory evidence to be the person(g) whose name( is/afe-subscribed to the within instrument and acknowledged to me that tie/she/thq executed the same in b+s/herhla& authorized capacityW, and that by hie/her/their signatureW on the instrument the person{), or the entity upon behalf of which the personal 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. MEGAN WIL9ANKS WITNESS my hand and official seal, Comnatelon # 2137290 1wary Pudic - California 6oldt county 16"VM.Wfasoacil 2019 Signature igna L e o Notary is V Place Notary Seal Above Exhibit A Offer of Dedication Legal Description That portion of Parcel 2 of Lot Line Adjustment COAL 98-071 described in Certificate of Compliance recorded in Instrument No. 2000-070931, in the County Recorder's Office, County of San Luis Obispo, State of California, lying southwesterly and westerly of the line described as follows: Beginning at the southwest corner of said Parcel 2; thence, Easterly along the south line of said Parcel 2 South 88041'32" East, a distance of 62.10 feet; thence, Leaving said south line North 01118'28" East, a distance of 30.00 feet to a line parallel with and 30.00 feet north of said south line; thence, North 43°39'04", a distance of 35.47 feet to a line parallel with and 37.00 feet east of the west line of said Parcel 2; thence, Northerly along said parallel line North 01021'02" East, a distance of 35.59 feet; thence, North 0028'38" West, a distance of 344.88 feet to a line parallel with and 26.00 feet east of the west line of said Parcel 2; thence, Northerly along said parallel line North 01 °21'02" East, a distance of 216.70 feet to a curve concaved to the southeast having a radius of 10.00 feet; thence, Northerly and northeasterly along said curve through a central angle of 43055'54", an arc distance of 7.67 feet to the beginning of a reverse curve concaved to the northwest having a radius of 10.00 feet, radial bearing to said point being South 44043'04" East; thence, Northeasterly and northerly along said reverse curve a central angle of 43055'54", an arc distance of 7.67 feet; thence, North 01*21'02" East, a distance of 1.37 feet to the north line of said Parcel 2. Excepting therefrom the west 20.00 feet of said Parcel 2. Also excepting that portion lying within the land described in Exhibits 4 and 5 of the Offer to Dedicate to the County of San Luis Obispo recorded In Instrument No. 2005-049062, in the County Recorder's Office, County of San Luis Obispo, State of California. The parcel described contains 4,095 square feet more or less and is shown graphically on Exhibit B herein attached. 12/14/2018 Exhibit A Exhibit B EXHIBIT B NO] 621'OTE 1.37' — n=43°55'54" R=10.00' L=1.67' I ❑43°55'54" R=10.00' L=7.67' ! b r I z z 20.00' 26.00' I W. LINE OF PARCEL 2 w PARCEL2 Z DOC. 2000-070931 J J J U.1 vi CR > W t OFFER OF DEDICATION I I 4,095 SQ.FT. SCALE: V'= 80' OFFER OF DEDICATION TO THE Q, 4,0 COUNTY OF SAN LUIS 0815P0 37,00' PER DOC. 2005-049062 NOl °21'07'E 35.59' GRAPHIC SCALE N43639b4 W 35.47' P.O.B. NOl ° 18'28'E 30.00' VENTURE DRIWE S88041'37E — 62.10' LA ND S. LINE OF PARCEL 2 d '9 9. K ��? ��qb �A design ° A m rrm group _ UC, NO. 7561 3765 S. Higuera SI.. Ste. 102 . San Luis Obispo, CA 93401 12/14/2018 c� p: 18051543-1794. F. 18051543-4609 OF Ch %10 www.rrmdeslgn.com Exhibit B CONSENT AND SUBORDINATION The undersigned, being the Beneficiary under that certain Deed of Trust executed by Sports Warehouse Properties II, LLC, a California limited liability company, to First American Title Company, as Trustee, recorded September 16, 2013 as Instrument No. 2013053118, in the Official Records of San Luis Obispo County, as modified thereafter, hereby consents to and approves the creation of that certain Irrevocable and Perpetual Offer to Dedicate Street Right of Way, to which this is attached (the "Offer of Dedication") and further declares that the lien or charge of said Deed of Trust is hereby made subject and subordinate to the Easement, and the Offer of Dedication referenced therein. Dated: 6 �� Z Z, Z c) 1St Capital Bank M MAZY SAKSa NE - 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. I State of California //- County of�In Lo,s `t�l��-�' � On ��" g ,before m e, O n notary public personally appeared M aew ans ux� , who proved to me on the basis of satisfactory evidence to be th ers n(s) whos na (s) are subscribed to the within instrument and acknowledged to me th hey executed the same in his/&/their authorized ty(ies), and that by his4e Jtheiri natures(s) on the instrument t er n(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. DONNA MILNE wum.0 2274248 N s MUTFRY PC C CAMr�u Signature (Seal) 5,w Lus Oe�sPa Coam "+e,ps ° MY Como. EV. IM. 91. Exhibit C - Pane 5 EXHIBIT B NOl°2ITA 1.3T ` A-43055'54" R=10.00' L=7.67' I Ae43°5554' R=10.00' L=7.67' I NN _Q I g 20.00.-1-26.00' I I W. LINE OF PARCEL 2 lw PARCEL2 S JI DOC. 2000-070931 Uj UI Q OFFER OF DEDICATION I 4,095 SQ.FT. SCALE: I"= 80' OFFER OF DEDICATION TOTHE 40 8D COUNTY OF SAN LUIS OBIBISPO 3700' PER DOC. 2005-049062 NOl °21'02'E 35.59' GRAPHIC SCALE N43°39'04 W 35.47' 8 9 P.O.B. NO1018'28E 30.00' J�VE�NTUR7E71DRIVE 4Arr S88°41'32162.10' S. LINE OF PARCEL 2fiA q sp ` dA o doign ��irrmgroup twu y� m� * uc. No. 75e1 3765 S. Miguero SI.. $to. 102. San Luis Obispo, CA 93401 12/142018 TAS O¢¢•t p: (80.5) 543-1794 • F. (805) 543409 OF CALIF www.rrmdesign.com Exhibit C - Pane 5 CONSENT AND SUBORDINATION The undersigned, being the Beneficiary under that certain Deed of Trust executed by Sports Warehouse Properties II, LLC, a California limited liability company, to First American Title Company, as Trustee, recorded September 16, 2013 as Instrument No. 2013053118, in the Official Records of San Luis Obispo County, as modified thereafter, hereby consents to and approves the creation of that certain Grant of Nonexclusive Road and Slope Easement Aclreemen#, to which this is attached (the "Easement") and further declares that the lien or charge of said Deed of Trust is hereby made subject and subordinate to the Easement, and the Offer of Dedication referenced therein. Dated: 69 3/2 Z1 7 --o / 9 1 st Capital Bank By: 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 LU S Db; SP O On ! 1/ 9 before me, -2) bnn� A 1AIZ- notary public personally appeared 1A Q �1 So- n S 0-^� , who proved to me on the basis of satisfactory evidence to be the erso (s) whoseeqMe(s)ji/are subscribed to the within instrument and acknowledged to me that he/6U/they executed the same in his/&/their authorized .` ci fyoes), and that by hist�eWtheir. a --a s(s) on the instrument tha s� (s), or the entity upon behalf of which the rso 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. Signatur (Seal) o►�a� DONNA MILNE Comm. # 227424B N°l tt Oa sa co W COM�r. F. P. IFN. 31, 2Ei23 END OF DOCUMENT