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HomeMy WebLinkAbout2014-021210 JULIE RODEWALD AR San Luis Obispo County—Clerk/Recorder 5/29/2014 Recorded at the request of 4:22 PM • Public RECORDING REQUESTED BY AND ooc 2014021210 Titles: 1 Pages: 7 WHEN RECORDED RETURN TO: Fees 0.00 Attn City Clerk Grande I II I II I I II I II III III othe s o.00 300 East Branch Street PAID s0.0o Arroyo Grande, CA 93420 Fee Exempt per GC Sections 6103 and 27383 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE RIGHT-OF-WAY THIS OFFER TO DEDICATE, made this 20th day of February 2014, by McDonald's Corporation, a Delaware .t Corporation, as successor by merger to Franchise Realty Interstate Corporation of One McDonald's Plaza, Oak Brook, IL 60523. Hereinafter termed Offeror: 4 WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate a public road - .easement, which offer may be accepted at any time by a governmental entity that has the power to establish, construct and maintain public roads. NOW,THEREFORE, for a 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 the real property described in Exhibit A and shown schematically in Exhibit A-1, attached hereto and incorporated herein by this reference. 2. That said Offeror does hereby irrevocably and in perpetuity offer to such governmental entity an easement for a public right-of-way and incidental uses upon the property described in Exhibit B and as shown schematically in Exhibit B-1, both of which are attached hereto and incorporated herein by this reference. 3. That said Offeror agrees that said offer of dedication shall be irrevocable and that such government entity may, at any time in the future accept said offer of dedication of the public right-of-way. 4. That said easement granted herein shall be an easement in gross. 5. 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, the Offer is hereby executed by the said Offeror on the day and year first above written. MCDONALD'S CORPORATION, A DELAWARE CORPORATION, AS SUCCESSOR BY MERGER TO, FRANCHISE REALTY INTERSTATE CORPORATION - . By: Offeror; Lorra • . Fortelka, Senior Counsel Offeror Offeror Offeror Document$1:1336300-v1 This is to certify that the interest in real estate property conveyed by IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE, dated February 20, 2014, from McDonald's Corporation a Delaware corporation, as successor by merger to, Franchise Realty Interstate Corporation of One McDonald's.Plaza, Oak Brook, IL 60523, to the CITY OF ARROYO GRANDE, a municipal corporation of the State of California, is hereby accepted by Resolution of the City Council of the City of Arroyo Grande on (k P R I I-- Qjt2o ly , and the City of Arroyo Grande consents to recordation thereof by its duly authorized officer. Tony Ferrara, 401 �Pa{lo110 cyq rt . . .. A _ �4..I i YED yT Kelly Wet I ore/ ity Clerk t C4 L IF Cfik CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Illinois County of DuPage On February 20, 2014, before me, Karen M. Billman, a notary public in and for the county and state aforesaid, DO HEREBY CERTIFY THAT Lorraine V. Fortelka, Senior Counsel, personally known to me (or 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 she 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. OFFICIAL SEAL Signature: COt ���f/, J CKAREN M NOTARY STATE OF ILLINOIS OM SSION EXPIRES:0523/15 Karen M. illman, Illinois Notary Public CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California • County of On , before me appeared who proved to me on the basis of satisfactory evidence to be the person(s) . •se name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ •- executed the same in his/her/their authorized capacity(ies), and that by his/her/their si• - ire(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, e uted the instrument. I certify under PENALTY OF PERJURY under the laws • e State of California that the foregoing paragraph is true and correct. • WITNESS my hand and official seal. Signature: Pri lame: • . EXHIBIT A LEGAL DESCRIPTION LEGAL DESCRIPTION - ENTIRE PROPERTY: A certain parcel of land situated in the Village of Arroyo Grande, County of San Luis Obispo, State of California, and known as being all of Lots 7, 8, 9, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, & 22 of Block 5 of the Western Addition to the Town of Arroyo Grande. Being all of the same land now or formerly conveyed to Franchise Realty Interstate Corporation, as recorded in Book 1833, Page 491 and Book 1833, Page 493 of the San Luis Obispo County Records. Said land being more particularly described as follows: COMMENCING at a railroad spike found at the intersection of the centerlines of El Camino Real, formerly known as Barnett Street (50 feet wide) and Cornwall Avenue (60 feet wide); Thence South 66'57'00" West along the centerline of Cornwall Avenue, 25.00 feet to a point; Thence South 23'03'00- East, 30.00 feet to a p.k. nail set at the intersection of the southeasterly right of way of Cornwall Avenue and the southwesterly right of way of El Camino Real, and the POINT OF BEGINNING of the lands described herein; Thence South 23'03'00"East along the southwesterly right of way of El Camino Real, 300.00 feet to a p.k. nail set at the intersection of the northwesterly right of way of Grand Avenue; Thence South 66'57'00'West along the northwesterly right of way of Grand Avenue, 150.00 feet to a p.k. nail set at the southeasterly corner of lands conveyed to Achob N. Wortanian by Document Number 87277 of San Luis Obispo County Records; Thence North 23•03'00•West along the northeasterly line of lands so conveyed to Achob N. Wartanian, along the northeasterly line • of lands conveyed to Charles E. Crotser by Document Number 2003091729 of San Luis Obispo County Records, and along the northeasterly line of lands conveyed to Khatchik Hratchia Achadjian by Document Number 2003049130 of San Luis County Records, 300.00 feet to a p.k. nail set on the southeasterly right of way, of the aforesaid Cornwall Avenue; Thence North 66'57'00'East along the southeasterly right of way of Cornwall Avenue, 150.00 feet to the POINT OF BEGINNING. Containing 45,000 square feet or 1.0331 acres of land, more or less, as surveyed in January of 2013 by James M. McNeely, California Registered Professional Licensed Surveyor No. 5158 for and on behalf of Millman Surveying, Inc. and is subject to all legal highways and easements of record. o LAND „9,. ..A4,..tc..„..\ 4, 5 M. Me � O Alt.�. . ji A #* ` No. / t% ° * . �Q 0 9f' of cNO°�� Expiration Date: June 30, 2015 • ' • l= ice - - - - - - � l' s q, pw 5/B' Capped iron Pin Cornwall Avenue RAF 1 c18 Found Jr Used $ EL (15 6375) 60' Wide — Publlc R/W — Asphalt I P.O.C. O_ 5665700'W 350.00' / IU ,ument Doe - — — ,,1566'5700' Railroad dl Sl rd Found!Used 75.00' 8-8-I P.0.13. I Ryy N66°57'00"E 150.00'Calc. ud —I T I— I I T —I— T _I _ �-- 15' Sdeet Side undl� I —I— I —I_ '-Se t per Z nlnc I I I I I I 1 I I do ; s77 ; so ; so ; l so o sn : 2.0) ; le ; 90 1 971 1 -1--1 --{-- --I—' 56'I i, I I I 1 I I 1 — I I I U! I 1 hi.-.. 1 I I 1 IeN No a Formed' I a l I I Rhutchlk Watchk Ac adjan �o I$n Doc�: 700.3049130 I a ie I I I 1 APN:1 066-175-1117 �` ID I I I I 'i royl NI6 D, I I�q CS I e� I I I I is I I I & o6 31 : 1 5' 1 T I I Z I I I m e 1,11 I' _ SPmi uad'9a�32 @apn g e1 1—_1—_1—_1--- I N '1'4 I p Glans 99 Mao 1 I C) W H®tlnD61 DD O i&iU©U®olatnw o 16 'NE 5 4 C) ae Nay or Formerly. 1 0 9a" r�oa7755-015 I n 9 I B o W m f° _m6�a 3 off labs M709oQs ck doele •I _ Ise o I %+ r- tS1 4mem6®uu1DC��: I– �I { T— Ian 1 bdC Franc1Bo Really I teralata Um a o T I Book 1age: 491 I I I I I Bank: IBA Page 4931 I a I I I I I —t_ 1 I APN: 006-175-019 I 1 ° I I I I Nay or Former)t}�.n I I I 1 I I I Aeh4E B7277I I I I I I APNj005-175 ��0p66 I I I I I I I I I I I I I I I I I I I I i I I 11 riL \ I I I 1 I I 1 I , I b f 9 1 $ 9 4 I ® I `f/ al, --I--I1� ®—I_99 r� II Salk' opt r Build 20 q Salba k per Zo IR — 111 566°57'00"W 150.00'Calc. Grand Avenue _ I_ Variable Width - Public R/W - Asphalt 45, 1"=60' NORTH Exhibit A-1 Millman Surveying, Inc. MSI 28959 El Camino Real, formerly known 03/06/2013 1742 Georgetown Road, Suite H as Barnett St and Cornwall Ave • City of Arroyo Grande Hudson, OH 44236 �'ll��� County of San Louis Obispo Phone: 800-520-1010 State of CA www.millmansurveying.com National Land Services EXHIBIT B LEGAL DESCRIPTION LEGAL DESCRIPTION - R/W AREA: A certain parcel of land situated in the Village of Arroyo Grande, County of San Luis Obispo, State of California, and known as being a part of the easterly portion of Lots 12, 13, 14 and 17 of Block 5 of the Western Addition to the Town of Arroyo Grande. Being a portion of the land now or formerly conveyed to Franchise Realty Interstate Corporation, as recorded in Book 1833, Page 491 and Book 1833, Page 493 of the San Luis Obispo County Records. Said land being more particularly described as follows: COMMENCING of a railroad spike found at the intersection of the centerlines of El Camino Real, formerly known as Barnett Street (50 feet wide) and Cornwall Avenue (60 feet wide); Thence South 66'57'00" West along the centerline of Cornwall Avenue, 25.00 feet to a point; Thence South 23'03'00" East, 30.00 feet to the intersection of the southeasterly right of way of Cornwall Avenue and the southwesterly right of way of El Camino Real, and the POINT OF BEGINNING of the lands described herein; Thence South 23'03'00" East along the southwesterly right of way of El Camino Real, 300.00 feet to the intersection of the northwesterly right of way of Grand Avenue; Thence South 66'57'00" West along the northwesterly right of way of Grand Avenue, 17.70 feet to the westerly line of the easterly 9.70 feet of the aforesaid Lots; Thence with o curve to the left, having a radius of 12.00 feet, through on angle of 90'00'02", o chord bearing and distance of North 21'57'01" East, 16.97 feet, an arc distance of 18.85 feet; Thence with a new line over, upon and through the aforesaid lands North 23'03'00" West a distance of 170.52 feet; Thence North 53'03'00" West, a distance of 8.00 feet; Thence North 23'03'00" West, a distance of 35.00 feet; Thence North 06'57'00' East, a distance of 8.00 feet; Thence North 23'03'00" West, a distance of 56.62 feet; Thence with a curve to the left, having a radius of 12.00 feet, through an angle of 90'00'00", a chord bearing and distance of North 68'03'00" West, 16.97 feet, an arc distance of 18.85 feet to the • southeasterly right of way of the aforesaid Cornwall Avenue; Thence North 66'57'00" East along the southeasterly right of way of Cornwall Avenue, 17.70 feet to the POINT OF BEGINNING. Containing 1,940 square feet or 0.0445 acres of land, more or less, as surveyed in January of 2013 by James M. McNeely, California Registered Professional Licensed Surveyor No. 5158 for and on behalf of Millman Surveying, Inc. and is subject to all legal highways and easements of record. � �� LAND 2y 5 OF) e OF DAB\co Expiration Date: June 30, 2015 • • EXHIBIT B-1 • STREET R/W DEDICATION • S-1 Bennett Avenue 1 rI 4 �� _ _._ _ _ .lI] 11 1 R/M 5/a'emRN em PI, _ _ — 0 Found Alh.4 Cornwall Avenue FIN. (LS 6]75) 0.0.0-R/a Peal LL 60' Wide n- Public R/W - Asphalt \\ _af _ — — w'srpp'. 15U00' '` uw,ne,l Box — —� — — 4 5665700' Reined We Puna 6 0rM • #'1.1 2100 1 ]mm•LM4 N66'5T00"E 17.70'Cabo,\ N68'57'00"E 132.30'Cale. \ >^rl • I —I T —I— —I— —I— I, _ ' I, 15' Wool Side Ora I —i_ _,— ' 4 -Setbpc4 Per Z 9 I I �?OB-R(t.not —u �1 d07 i i ; ' I `� ; B9 , � i 92i 1 918 9 sqp. 1 I I ' r- Imo; I I Nt 0 Fan4N I r REOIFAiER AS-i I I I I a NA Nroiti A otia I I i z PUB IC R/W o. AFEA Doc�. 2001O48,00 I 1,940 50. Fi,!1 ' ' I I°_ OR 0.0445 ACRE? �xla�,75 �7 a� I I I I r��q 98<� 4?� ed [ I 243thcfc3 MI I I , 1 1 5 : l Q __ _ 4a 0x004 M ti3�5908; I 1 1 1 °� m ;low I O Rdavo99?C4ee Qh __ __0_. _1__1—_T__1—__ 111 IROM314 010910"0®09<YBLr11 mica 4°0 90 S°2 91 1 I -11Z _ No.a Raney r° ' �__—_____—_____ Om 3 N 1 Oa 7. 2003001729 2 "9 1i� API: 005-175-016 p 993 rota m3 N O0a o Z.aA Tn Mt71seQ =G1 .1001eca _$I _ _ a o '.,O I fD _ __ It i='7) .+ Of 4a2s.7�]aA Qar¢q� e!I T—lrs[o to 1 „ ' 2' Fruuaw Rettyy tenth'.Corvoter >c co Beek: 163.3 Peac 491 t n I S , ' , Deck la3A Poq.49; 1 I 1 I- , _ I AI ea6-175-919 , 4 I I I 1— T 1—_1--1 L 1 1 Nt.er Fennel , I , I I �11)•�-4 t 1 Knob N.Norton.1 1 1 I I I alt A. 97277 I sop'--! AR2. 306-17rtt��55 I I I 1r 1 1 , I I , I I I 1 I I I I 1 en•A+ . —22 A ' 4 ' Z 1 '9 1 8 ' 01 I 21 ' 00 ' 99 ' 'S Si I'15' f ont Butt22�q� — Setba 4 De. 2pAln l I ' I- 11 ° \` _ , L 666'57'00'W 132.30'Cale. 566'57'00"W 17.70'Calc. I _ _ - Grand Avenue Variable Width - Public R/W- Asphalt JOTAL LAND AREA 45,000 S.F. or 1.0331 Ames GRAPHIC SCALE 01� a7'.:`. LINE TABLE LINE LENGTH BEARING 1 INCH - 40 rt. NORTH a 300.00 s,lorno'r L2 17.70 566'5 •00•• L3 170.52 N2393'O0"W L4 6.00 N5393'O0-W L5 35.00 N73'01'00-W L8 8.00 Nos37'03'r L7 56.62 N2391•0O•W La 17.70 N0657•00'r • �V LAIANp T�� i S u.ue ��c j�� CURVE TABLE I CURVE LENGTH RADIUS DELTA ANGLE CHORD BEARING CHORD LENGTH �1n\` ' C2 15.85 12.00 909002' N2 E 16.97 C2 18.85 12.00 90'00'02• .16819.3•00919 21.57. 16.97 \� R'' I• Or E.De0tlon Dote: 310!30, 2015 Munn Suae 1 miilman eGeoret N..aoop So OWe, 0106 P,W e, M.mPai$PN 1747OMWete Georgetown 442 aunv N 4Q{ pan 0].06.1] Sue�Y•.p' Non Phones 6.0H 94 101 ` Checked, 4MM Sheets l W I em.nlancLoen National Land Services pin.n'.M.mn ] PPP/Wen No 28959 END OF DOCUMENT