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Home My WebLink About2014-009403 JULIE RODEWALD AG San Luis Obispo County-Clerk/Recorder 3111/2014 Recorded al the request of 11:09 AM /.,AP Public D o c rs: 2014009403 Titles: 1 Pages: 5 RECORDING REQUESTED BY AND RETURN TO: RECORDED I MID IIIIIIIIIIIIIIIIII Others 0.00 City Clerk PAID $0.00 City of Arroyo Grande 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY Fee Exempt- GC 6103 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE THIS IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE is made this :(ice day of Daehaec 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') a 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. Public Access Easement: That said Offeror does hereby irrevocably and in perpetuity offer to the City an easement for pedestrian trail purposes, including the right to construct, maintain, and replace pedestrian access improvements, over, across, upon and under the property described in Exhibit "B" and depicted on Exhibit"C", attached hereto and incorporated herein by this reference. 1 7. Said easement granted herein shall be an easement in gross. 8. That said Offeror agrees that said offer of dedication set forth herein shall be irrevocable and that City may, at any time in the future, accept said offer 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 By. Nicholas Tomp c , Manager State of Cal' omia County of ) On r,S-r,) 2013, before me, fVtiCitai A TomfhnS Notary Public, personally appeared Nicholas Tompkins, who proved to me on the basis of satisfactory evidence to be the person(s'jwhose name( sari subscribed to the wijt in instrument and acknowledged to me that fi( e shte/ >h4y''executed the same in tiiIhMtherir authorized capacity($), and that by is gr/thet"r signature(s)' on the instrument the person($, or the entity on 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. WITNESS my hand and official seal. MICHELE A. TOMPKINS ;.411TI T. Commissions 1931785 z rs �r Notary Public-California z i Signatur [Seal] Ty..,(Ss Notary Public-California Signatur [Seal] z z n San Luis Obispo County M Comm.Expires May 5.2015 2 9/20/13 CF EXHIBIT"A" Phase I -Pedestrian Trail Properties Lots 2, 3, 4, 5, 6, 7, 8 and 9 in 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 June 19, 1905 in Book A, Page 57 of Maps, in the office of the County Recorder of said County. TOGETHER WITH that portion of Tally Ho Road, vacated per City of Arroyo Grande Resolution No. 167 recorded November 20, 1953 in Book 734, Page 255of Official Records in the office of said County Recorder, which would pass by conveyance of said Lots 2, 3,4, 5, 6, 7, 8 and 9. Page 1 of 1 arHASERN wewAIoaSU I.aon ■Legal osaryuons\Ofrer of nedimuoes\Phase I Pcdan;eo east-man P„cd:.doa . . 9/20/13 CF EXHIBIT"B" Legal Description for Phase I Public Access Easement That portion of Lots 2 and 3 in 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 June 19, 1905 in Book A, Page 57 of Maps, in the office of the County Recorder of said County, more particularly described as follows: Beginning at a point in the north right of way line of East Branch Street,distant South 61°11'40"West 36.37 feet from the intersection of the centerline of said Tally Ho Road with the north right of way line of East Branch Street as shown on Record of Survey recorded in Book 96, Page 5 of Records of Surveys in the office of said County Recorder; thence along • said north right of way line South 61°11'40" West 14.30 feet; thence North 28°55'14"West 13.67 feet;thence North 31°57'26" east 13.55 feet; thence North 86°05'18"East 4.00 feet to a point herein after referred to as Point `A'; thence continuing North 86°05'18"East 4.00 feet; thence South 13°06'20"East 17.58 feet to the point of beginning. TOGETHER WITH an 8.00 wide strip of land located within Lots 2, 3, 4, 5, 6, 7, 8, 9 and the west half of Talley Ho Road, all in said Block 39, lying 4.00 feet on each side of the following described centerline: Beginning at said Point `A' at the beginning of a 74.68 foot radius curve, concave westerly, through which a radial line bears North 86°05'18" East;thence northerly along said curve an arc length of 74.68 feet through a central angle of 25°01'32"to a point of reverse curvature at the beginning of a non-tangent 338.69 foot radius curve, concave easterly, through which a radial line bears South 61°42'28" West, thence northerly along said curve, an arc length of 87.29 feet through a central angle of 14°46'00"to a point of reverse curvature at the beginning of a non-tangent 206.37 foot radius curve, concave westerly, through which a radial line bears North 78°15'20"East; thence northerly along said curve an arc length of 101.32 feet, through a central angle of 28°07'44"to the northerly line of said Lot 9, the centerline and sidelines of said strip to be lengthened or shortened to terminate on said north line. l\ino Legal Description prepared by 51 i f. #c i. or under the supervision of o ‘5. r Cris-ti E. Fry, LS 83 or air Page 1 of 1 7}IASER VVauliJOBSd I.005771.ega1 DesaiptionsOfTer of Dedications Phase I.Ped trail legal.don EXHIBIT "C" PUBLIC ACCESS EASEMENT IPARCEL�2 5 I LOT 10 _ �O O.>, LOT 9 I / / �\� I- - - 4 - \ UNNAMED STREET HARDEN STREET oOG• 091 LOT 8 R=20637' i (VACATED I � L=t t -J 257 O.R. 4401 PARCEL 3 — — — ---II44 LOT 9 1 9 1 S 5 -- �g1 _ _ O BO ytn — _ — N r $ f \8 A A ---75',,, _€a LOTS 5 6 0 I °m M Ls N Mme a 12-001 — I N A h X14'48'00 y w Li LOT 4 R=338.69' p ILOT 4 O I_ L=87.29' a B MAPS 9 22 y I I I p N ta co IN% C 83 O(2' 25 LOTS 2-3 1 ,10'�j ti f€E X01 lERLIPIE BAN, I CCE MENT IL I �`ikl�`�, C3 IL Q ' LOT 1 e=zsrot 3r C. di ?� I I R=74.68' q ll L=3262' 7 4�, 4.00' N315726E 13.55 N-r-!..,0•03-E. Tft POINT 'A' (RA ) I I N2855•lf4'W 13.67• 4.30' 36.37 g NOTE 86111.40N \ S13ro6'20-E 17.58• $- 5a- ��r 8' FOR LEGAL `EASEMENT FOR I faE517BPDLw Ar PEDES7RIAN EAST BRANCH STREET PEDESTRIAN ACCESS 7E4/L ACCESS TRAIL Imo GRAPHIC SCALE /`�2ti�°�\sj I e ��L fi 31 t o W 40 1 8 Q ( IN FEEP ) � � 41.. 8356 / ` Assoc 1 inch = 40 ft. 4 END OF DOCUMENT