HomeMy WebLinkAbout2014-021211 JULIE RODEWALD AR
San Luis Obispo County—Clerk/Recorder 5129/2014
Recorded at the request of 4:22 PM
Public
RECORDING REQUESTED
BY WHEN RECORDED Doc% : 2014021211 Titles: t Papas: q
RETURN O. Fees 0.00
City Clerk 11111111 I I II I III Others 0.00
City of Arroyo Grande PAID $0.00
300 East Branch Street
Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY
NO RECORDING FEE—PUBLIC AGENCY—GC 6103
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
(Pedestrian Access)
T IS IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE is made this Z$Tday of
, 2014, by Ted P. Malley, an individual, 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 May 13, 2014, the City Council conditionally approved Plot Plan Review Case
No. 14-003 approving a modification of an existing open space easement (the "Project')
burdening the Property; and
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 pedestrian access
easement over a portion of the Property.
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 sole owner of the Property referenced above.
2. That said Offeror does hereby irrevocably and in perpetuity offer to the City an easement
for pedestrian access, including the right to construct, maintain, and replace pedestrian
access improvements, over, across, upon and under that portion of the Property
described in and depicted in Exhibit "B", which is attached hereto and incorporated
herein by this reference.
3. Said easement offered herein shall be non-exclusive and in gross. Provided, however,
the easement rights offered to the City shall be paramount and superior to the rights of
Offeror and all other persons and entities.
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4. 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.
5. That said Offeror agrees that this irrevocable and perpetual offer to dedicate is and shall
be binding on his heirs, legatees successors and assigns.
IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment as of the day
and year first written above.
OFFEROR
-� 1, // .
D P. MALLEY
Date: Z91 _ I�
State of California
County of ScIL h Lc.; S Oh i5 pQ
On n"O-y Z '1 , 2014 before me, N`- sG H C! L a. , Notary Public, personally
appeared TED P. MALLEY who proved to me on the basis of satisfactory evidence to be the
person') whose names) is/are subscribed to the within instrument and acknowledged to me
that he/spec/4)4 executed the same in his/hp/Miff authorized capacities and that his/hOtktir
signature on the instrument the person(a) or the entity upon behalf of which the person
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
M. SANCHEZ
Signature h'" • , (SEAL) I !t commission p 1914544
Notary Public -California i •
San Luis Obispo County
3 My Comm.Expires Nov 27,201 •
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Exhibit "A"
Legal Description
Parcel 1:
Lot 40 of Tract No. 2265, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map recorded August 23, 2000 in Book 19, Page 31 of Maps, in the
Office of the County Recorder of said county.
Parcel 2:
A non-exclusive appurtenant easement for use, enjoyment, ingress, egress, support,
maintenance, upon, over, under and across Lots 37 and 38 of Tract 2265, the servient
tenement, and designated on the map as "Easement Note 1"
Parcel 3:
A non-exclusive appurtenant easement for use, enjoyment, ingress. egress, support,
maintenance, upon, over, under and across Lots 37 and 38 of Tract 2265, the servient
tenement, and designated on the map as "Easement Note 3"
Parcel 4:
An easement for private access and private drainage along with any appurtenances and
incidental uses, across a portion of Parcel 2 of Parcel Map No. COAL-86-098, in the County of
San Luis Obispo, State of California, according to map recorded in Book 41, Page 40 of Parcel
Maps, in the Office of the County Recorder of said county, according to Easement Grant Deed
recorded July 6, 2000 as Instrument No. 2000-037511 of Official Records. Said easement is for
the benefit and appurtenant to Lots 39 and 40 of Tract 2265 and other property.
APN: 007-070-008
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Exhibit "B"
Legal Description
That portion of Lot 40 of Tract 2265 in the City of Arroyo Grande, County of San Luis Obispo,State of
California, as shown on the map recorded in Book 19 of Maps at Page 31 In the Office of the County
Recorder of said County more particularly described as follows:
The South-Westerly 10'of said Lot as shown graphically on said map and labeled as easement note 1, 5,
and 10.
LAND S
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5-7-2014
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