HomeMy WebLinkAbout2014-009402 • JULIE RODEWALD AG
• - _ San Luis Obispo County—Clerk/Recorder 3/11/2014
Recorded at the request of 11:09 AM
Fee Exempt— GC 6103 Public
RECORDING REQUESTED D o C#: 2014009402 Titles: 1 Pages: 11
BY AND WHEN RECORDED
RETURN
citycerkTO I 1[11111111111111111 lII
Others 0.00
City of Arroyo Grande 50.00
300 East Branch Street
Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
THIS IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE is made this
1/4F't, = day of Decuni421r 2013, by NKT Development, LLC, a California limited
liability company, hereinafter termed Offeror.
WHEREAS, Offeror is the owner of certain real property located in the City of Arroyo
Grande and more particularly described in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Property");
WHEREAS, on July 17, 2012, the City Planning Commission conditionally approved Lot
Merger 12-001, Variance 12-002 and Conditional Use Permit 12-004 authorizing the
development of a phased mixed-use project on the Property consisting of a 9,754
square foot neighborhood market ("Phase I") and future residential development
("Phase II") of 0.92 acres (the "Project");
WHEREAS, the Project was subject to certain conditions of approval which require
Offeror, as the owner of the Property, to offer to the City of Arroyo Grande ("City")
certain irrevocable and perpetual offer to dedicate as more particularly set forth herein.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of an interest in the real property described in
Exhibit "A" attached hereto and incorporated herein by this reference.
2. Blanket Public Utilities Easement (Onsite Utilities): That said Offeror does hereby
irrevocably and in perpetuity offer to the City a blanket easement for the
installation, inspection, operation, maintenance and repair of onsite public utilities
over, across, upon and under all areas: (i) outside the existing and future building
footprints; and, (ii) outside the separate 6' public utilities easement, of the real
property described in Exhibit "A" and shown on Exhibit "B" attached hereto, and
incorporated herein by this reference.
1
3. Public Utilities Easements: That said Offeror does hereby irrevocably and in
perpetuity offer to the City easements for the installation, inspection, operation,
maintenance and repair of public utilities over, across, upon and under the
property shown on Exhibit "C° attached hereto and incorporated herein by this
reference.
4. Street Tree Easement: That said Offeror does hereby irrevocably and in
perpetuity offer to the City an easement for planting, maintaining, replacing, or
removing trees, in, upon, over and across the property shown on Exhibit "D"
attached hereto and incorporated herein by this reference.
5. Fire Hydrant Easement: That said Offeror does hereby irrevocably and in
perpetuity offer to the City an easement for the installation, inspection, operation,
maintenance and repair of a fire hydrant, water lines and related appurtenances,
over, across, upon and under the property shown on Exhibit "E" attached hereto
and incorporated herein by this reference.
6. Pedestrian Access Easement: That said Offeror does hereby irrevocably and in
perpetuity offer to the City an easement for pedestrian purposes, including the
right to construct, maintain, and replace pedestrian access improvements, over,
across, upon and under the property shown on Exhibit "F" attached hereto and
incorporated herein by this reference.
7. Said easements granted herein shall be easements in gross.
8. That said Offeror agrees that said offers of dedication set forth herein shall be
irrevocable and that City may, at any time in the future, accept said offers of
dedication.
9. That said Offeror agrees that this irrevocable and perpetual offer to dedicate is
and shall be binding on its heirs, legatees, successors and assignees.
IN WITNESS WHEREOF, this irrevocable and perpetual offer to dedicate is hereby
executed by the said Offeror on the day and year first above written.
NKT DEVELOPMENT, LLC
sy1
Nicholas Tompkins, Manager
2
)
State of California )
County of cSailL i/is f Jrf o
On er.%2013, before me, M1ck-L Pt-. 1 npk-tns
Notary Public, personally appeared Nicholas Tompkins, who proved to me on the basis
of satisfactory evidence to be the person(4' whos ame(s atice subscribed to the
n instrument and acknowledged to me that held. /tt)ey executed the same in
his their authorized capacity(iO), and that by is rftb€ir signaturefsj on the
instrument the person), or the entity on behalf of whlc the person(a)'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.
I
MICHELE A.TOMPKINS
!*ilrti Commission t 1931785
Signat re _ �� Al [Seal /O f�;:t" Notary Public•California s
z 447/ San Luis Obispo County
_IAz Comm.E ires Ma 5.2015
3
• Title No. 13-405301057-F-DWL
Locate No.CAFNT0940-0940-0053-0405301057
LEGAL DESCRIPTION
EXHIBIT"A°
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ARROYO GRANDE, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCEL 1: (APN: 007-202-014)
That portion of Lot 75 of the Ranchos Corral de Piedra, Pismo and Balsa de Chemise), in the City of Arroyo
Grande, County of San Luis Obispo, State of California, according to map recorded in Book A, Page 65 of
Maps, in the office of the County Recorder of said County, described as follows:
Beginning at Post marked W.H.No. 2 standing in the Northwesterly line of the County Road(Branch Street)
at the most Easterly corner of the property conveyed to William Hemphill by deed recorded May 15, 1876
In Book H, Page 425 of Deeds; thence North 29° West along the Northeasterly line of the property so
conveyed, 156.5 feet; thence along the Southeasterly line of land described in the deed to Hugh Olen Pope,
Jr., et ux, recorded January 17, 1955 in Book 787, Page 256 of Official Records; thence North 61° East, 75
feet to a point on the Southwesterly line of Block 39 of Bedcett's Crown Hill Addition, according to map
recorded June 19, 1905 in Book A, Page 57 of Maps; thence South 29° East along the Southwesterly line of
said Block 39 of Beccett's Crown Hill Addition, 156.5 feet to a point on the Northwesterly line of the County
Road (Branch Street); thence South 61° West along the Northwesterly line of said County Road (Branch
Street), 75 feet to the point of beginning.
PARCEL 2: (APN: 007-202-026)
Parcel 2 as shown on Certificate of Compliance Lot Line Adjustment AGAL 11-0084, as evidenced by
document recorded November 23, 2011 as Document No. 2011059843 of Official Records, being more
particularly described as follows:
That portion of Lot 75 of the Map of Parts of the Ranchos Corral de Piedra, Pismo and Boise de Chemise!,
in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map by Jas.
Stratton, September 1873, filed for record in Book A, Page 65 of Maps, In the office of the County Recorder
of said County,described as follows:
Beginning at a point in the Northeasterly line of that property described in deed to Wm Hemphill filed for
record May 15, 1876 in Book H, Page 425 of Deeds at the most Northerly corner of Lot 5 according to Map
of Property of J.S. Harden, Esq. filed for record November 17, 1901 in Book B, Page 9 of Maps, said point
being distant North 29° 00'00"West 156.00 feet from the most Easterly corner of said Lot 5 as shown on
said map; thence along said Northeasterly line South 29° 00' 00" East 89.00 feet to the true point of
beginning; thence North 61° 00' 00" East 75.00 feet to a point in the Southwesterly line of Block 39 of
Beckett's Crown Hill Addition according to map filed for record June 19, 1905 In Book A, Page 57 of Maps;
thence along said Southwesterly line of Block 39, South 29° 00' 00" East 61.00 feet; thence South 40° 26'
03"West 80.11 feet to a point in said Northeasterly Tine; thence North 29° 00' 00" West 89.14 feet to the
true point of beginning.
PARCEL 3: (APN: 007-202-027)
Parcel 3 as shown on Certificate of Compliance Lot Line Adjustment AGAL 11-0084, as evidenced by
document recorded November 23, 2011 as Document No. 2011059843 of Official Records, being more
particularly described as follows:
That portion of Lot 75 of the Map of Parts of the Ranchos Corral de Piedra, Pismo and Boise de Chemise!,
in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to the map by Jas.
Stratton, September 1873, filed for record In Book A, Page 65 of Maps, in the office of the County Recorder
of said County, described as follows:
Beginning at a point in the Northeasterly line of that property described in deed to Wm Hemphill filed for
record May 15, 1876 in Book H, Page 425 of Deeds at the most Northerly corner of Lot 5 according to Map
of Property of J.S. Harden, Esq. filed for record November 27, 1901 in Book B, Page 9 of Maps, said point
being distant North 29°00'00° West 156.00 feet from the most Easterly corner of said Lot 5 as shown on
2
Q.TA Pwdnt ay Fc7crt Fain-MoTiM!(11117106)
. EXH18if"A"(continued) Title No. 13-405301057-F-DWL
Locate No.CAFNT0940-0940-0053-0405301057
said map; thence along said Northeasterly line,South 29°00'00" East 89.00 feet; thence North 61°00'00°
East 75.00 feet to a point in the Southwesterly Tine of Block 39 of Beckett's Crown Hill Addition according to
map filed for record June 19, 1905 in Book A, Page 57 of Maps; thence along said Southwesterly line South
29° 00' 00" East 61.00 feet to the true point of beginning; thence South 40° 26' 03" West 80.11 feet to a
point in said Northeasterly Ilne; thence along said Northeasterly line, South 29° 00' 00" East 52.86 feet to
the most Southerly corm of that property described in deed to Hugh Olen Pope,Jr. and Florence Eleanor
Pope filed for record January 17, 1955 in Book 787, Page 256 of Official Records; thence along the
Southeasterly line of said property North 61°00'00° East 75.00 feet to said Southwesterly line of Block 39;
thence along said Southwesterly line of Block 39, North 29° 00' 00" West 81.00 feet to the true point of
beginning.
PARCEL 4: (APN: 007-202-019 - portion)
The West half of that portion of Tally Ho Street as shown on the map of Beckett's Crown Hill Addition to the
Town of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California,
according to map recorded In Book A, Page 57 of Maps, in the office of the County Recorder of said County,
which was abandoned by Resolution No. 167 of the City Council of the City of Arroyo Grande,a certified copy
of which was recorded November 20, 1953 in Book 734, Page 255 of Official Records, In the office of the
County Recorder of said County, bounded as follows:
Bounded Southwesterly by the Southwesterly line of said Tally Ho Street; Bounded Southeasterly by the
Southwesterly prolongation of the Southeasterly line of Lot 1 in Block 38 of said Beckett's Crown Hill Addition;
Bounded Northeasterly by the Southwesterly lines of Lots 1, 29, 28, 27 and 26 In said Block 38, and the
Northwesterly prolongation of the Southwesterly line of said Lot 26; Bounded Northwesterly by the
Southwesterly prolongation of the Southeasterly line of Lot 25 In said Block 38.
PARCEL 5: (APN: 007-202-019 - portion)
All of Block 39 of Beckett's Crown Hill Addition to the Town of Arroyo Grande, in the City of Arroyo Grande,
County of San Luis Obispo, State of California,according to map recorded in Book A, Page 57 of Maps,in the
office of the County Recorder of said County:
Excepting therefrom Lots 10, 11, 12, 13, 14 and 15.
PARCEL 6: (APN: 007-202-029- portion)
Lot 9 as per Swall's Resubdivisions, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to Record of Survey recorded in Book 1, Page 114 of Record of Surveys, In the office
of the County Recorder of said County.
PARCEL 7: (APN: 007-202-029 - portion)
Lots 2, 3 and that portion of Lot 4 of the property of J. S. Harden, in the City of Arroyo Grande, County of
San Luis Obispo, State of California, according to map recorded in Book B, Page 9 of Maps, in the office of
the County Recorder of said County, described as a whole as follows:
Beginning at a point on the Northwesterly line of Branch Street as shown on said map which is South 61°
West, 47 feet from the Stake marked "W. H. No. 2"; thence North 29° West and parallel with the
Southwesterly line of said lots, 181.5 feet to the Northwesterly line of said Lot 4; thence South 61° West,
72 feet to the most Northerly corner of Lot 9, as shown by Swall's Resubdivision of part of Hamphill Tract
as shown by Record of Survey Map, Book 1, Page 114 of Record of Surveys;thence Southeasterly along the
Northeasterly line of said Lot 9, 181.5 feet to the Northwesterly line of said Branch Street; thence North 61°
East, 72 feet to the point of beginning.
PARCEL B: (APN: 007-202-029 - portion)
That portion of Lot 4 according to map of property of J. S.Harden,Esq., in the City of Arroyo Grande, County
of San Luis Obispo, State of California, according to map recorded November 27, 1901 in Book B, Page 9
of Maps, In the office of the County Recorder of said County, described as follows:
3
QM Prete 1!y a[°Ct tarn-MoWW:I II1)h75:
.EXHIBIT"A"(continued) Title No. 13-405301057-F-DWL
Locate No.CAFNT0940-0940-0053-0405301057
Commencing at a point on the Northwesterly line of Branch Street as shown on said map, which is South
61°West, 43 feet from a Slake marked"W. H. No. 2",said point also being the most Southerly corner of the
property conveyed to William H. Smith, by deed dated January 12, 1920 and recorded January 16, 1920 in
Book 135, Page 191 of Deeds; thence North 29° West and parallel with the Southwesterly line of said lot,
and along the Southwesterly line of the property conveyed to said Smith, 181.5 feet to the Northwesterly line
of said lot; thence South 61°West along said Northwesterly line, 4 feet; thence South 29° East and parallel
with the Southwesterly line of said Lot, 181.5 feet to the Northwesterly line of Branch Street as aforesaid;
thence North 61° East along said Northwesterly line, 4 feet to the point of commencement.
PARCEL 9: (APN: 007-202-029 - portion)
That portion of Lot 4, according to map of the property of J. S. Harden, Esq., in the City of Arroyo Grande,
County of San Luis Obispo, State of California, according to map recorded November 27, 1901 in Book B,
Page 9 of Maps, in the office of the County Recorder of said County, described as follows:
Commencing at a point on the Northwesterly line of Branch Street, South 61° West, 19 feet from a post
marked "W. H. No.2"; thence at right angles North 29°West, 181.5 feet; thence South 61° West along the
Southeasterly line of Harden Street, 24 feet to the Northeast comer of the land conveyed to Arroyo Grande
Commercial Company, a corporation, by deed dated February 13, 1913 and recorded In Book 92, Page 153
of Deeds; thence South 29° East along the Easterly line of the property so conveyed, 181.5 feet to the
Northwesterly line of Branch Street;thence North 61°East along said Northwesterly line,24 feet to the point
of beginning.
Parcel 10: (APN: 007-202-029 - portion)
All that certain land known as"Harden Alley"lying between East Branch Street and Harden Street as vacated
by the City of Arroyo Grande, Resolution Number. 4536 recorded July 19,2013 as Instrument No.
2013042225 of Official Records,San Luis Obispo County, located in the City of Arroyo Grande,County of San
Luis Obispo, State of California, being more particularly described as follows:
That 19 foot strip of land lying southeasterly of the northeast prolongation of the southeast line of Harden
Street as shown on the°Map of Property of J.S.Harden,Esq.°filed in Book"B"of Maps at Page 9,in the Office
of the County Recorder of said County.
4
O.TA Preliminary ResatFora•Pd(t1/171%)
KILMIT 73"
BLANKET PUBLIC UTILITIES EASEMENT (ONSITE UTILITIES)
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Fri AND OUTSIDE OF SEPARATE 6'
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EXHIBIT 'V"
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y>UTIBIT 770
PEDESTRIAN ACCESS EASEMENT
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END OF DOCUMENT