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Home My WebLink About2016-010986 2016010986 Tommy Gong San Luis Obispo - County Clerk-Recorder 03/14/2016 03:17 PM RECORDING REQUESTED BY AND Recorded at the request of PUBLIC WHEN RECORDED RETURN TO: Titles: 1 Pages. 8 CITY OF ARROYO GRANDE Fees: $0.00 CITY CLERK Taxes: $0.00 300 EAST BRANCH STREET Total: $0.00 ARROYO GRANDE, CA 93420 IIIIINFIVOLV1111111 Fee Exempt per GC Sections 6103 and 27383 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC CREEK EASEMENT THIS OFFER TO DEDICATE is made this aand day of J ftNkAi2( 20 HD , between MFI, Limited, a California limited partnership, hereinafter termed Offeror. - WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate a public creek easement, which offer may be accepted at any time by the City of Arroyo Grande. NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 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, both of which are attached hereto and incorporated herein by this reference. 2. That said Offeror does hereby offer irrevocably and in perpetuity to the City of Arroyo Grande an easement for public creek purposes, along with any appurtenances and incidental uses, over, under, upon and across Parcel A described in Exhibit B and 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 the City of Arroyo Grande may, at any time in the future accept said offer of dedication of the public creek easement. 4. That said Offeror agrees that this irrevocable and perpetual offer to dedicate is and shall be binding on their heirs, legatees, successors and assignees. 5. That said Offeror agrees to uphold General Plan policies with activities and maintenance that enhance natural creek functions and values by providing erosion control, sedimentation prevention, enhancement of riparian habitat corridors, water quality protection and aesthetic and recreational opportunities as agreeable to the City. Page 1 IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first above written. MFI, .■ited By. I Mill Offeror Offeror Offeror Page 2 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 nD.4).1,45 ObSec) On aral DC5 LA2 before me, :6colalOPc deArlivi idi (insert name and title of the bfficer) personally appeared rl --ko • rik6LA1`-ferdavt440 who proved to me on the basis of satisfactory evidence to be the perOn(s)whose name N is/aX subscribed to the within instrument and acknowledged to me that helsttq/thtky executed the same in his/IN/1111r authorized capacity(k.q), and that by his/hh/thbir signature(%)on the instrument the person(s), or the entity upon behalf of which the personKacted, 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. L BORBA WITNESS my hand and official seal. ;10 %-; Commission*2115177 Xi Notary Public-California z z / San Luis Obispo County VOW— LMYCOL .Expires Jul 102014 Signa )- ,111,4)A11411,...v (Seal) Page 3 EXHIBIT A Legal Description MFI Property Lot 1 of Lowe's Addition to the City of Arroyo Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 6, 1906 in Book B, Page 8 of Maps, in the office of the County Recorder of said county. * * * • . ,tz EXHIBIT A - 1 MFI PROPERTY LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED INI BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA POINT OF BEGINNING- 11/.VFS 7 \ . - R @�Nc - T ti LOT 2 B MB 8 - LOT 1 B MB 8 /N :.:..i::ii.:.::::..-L OW r iS ADDJ TJ O��J L� N - 0' 20' SCALE: 1" = 20' CO . 1 LOT 1 6 \ )- Mil mi '''' .' ' MICHAEL B. STANTON, PLS 5702 3563 SUELDO ST. UNIT Q __ _-. SAN LUIS OBISPO, CA 93401 `CArNO'=SURVE=YS 805-594-1960 JOB NO. 12-008 EXHIBIT B Legal Description Creek Easement A portion of Lot 1 of Lowe's Addition to the Town of Arroyo Grande as shown on map filed in Book B of Maps at page 8, records of San Luis Obispo County, California described as follows; Beginning at a nail with brass tag stamped "LS 5702" set at the most southerly corner of said Lot 1 as shown on Corner Record filed in Book 30 of Corner Records at Page 57 in the office of the County Surveyor of said County, thence 1) North 56° 52' 00" East 53.13 feet to the southeasterly corner of said Lot; thence 2) North 33° 08' 00"West 12.45 feet along northeast line of said Lot to the intersection with a line that is 35 feet offset from and parallel with the northerly top of bank of Arroyo Grande Creek; thence 3) South 63° 28' 20"West 28.47 feet along said offset line; thence 4) South 69° 02' 52"West 25.41 feet along said offset line to the southwesterly line of said Lot; thence 5) South 33° 08' 00" East 21.09 feet along the southwesterly line of said Lot to the Point of Beginning. The above-described parcel contains 856 square feet, more or less. The above-described parcel is graphically shown on Exhibit B-1 attached hereto and made a part hereof. * * * SAND S v Z- 9_ �t U O — O z7 Z ,f LIC NO 5702 / FOFCALVF Michael B. Stanton, PLS5702 Date Friday, August 28, 2015; 1:46 PM Page 1 of 1 M:\12-008 139 West Branch-AG\EASEMENTS\139 W Branch Creek Esmt.doc Randy Ellison,LS7065 t 0, ! EXHIBIT B - 1 CREEK EISEMENT PORTION OF LOT 1 OF LOWE'S ADON TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MA PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE CALIFORNIA VV LOT 2 `STi4T @R B M B 8 FFT 'gMCy LOT B MB 8 iN -11-. QLowE 1S ADDJ rJ ON n 0' 20' r SCALE: 1" = 20' E so Co Q E LC) N S6 p(� 9'02,52„w • S33'08'00"E 21.09' 25.41, 363'28'20"w m 1 28.47' 2 POINT OF BEGINNING N33'08'00"W 12.45' La PARCEL A PARCEL A - N56'52'00"E 4.44' /o° / A HATCHED AREA N56'52'00"E 53.13' i�� INDICATES CREEK EASEMENT 3 I! _0. m W t U o p a TOP OF I TOP OF CREEK BANK ----———_ —— �co� CREEK BANK Iidc\ 'P5,04. w p, o (2 \ LOT 1 6 71�ti o AREA DEDICATED TO 3 CITY OF A.G. Iv it PER PARCEL MAP — AG-88-025 - CO 46 PM 27 0 " LOT 15 d,`, ,.1. Aw1ICHAEL B. STANTON, PLS 5702 =g; �, ., :# 35563 SUELDO ST. UNIT Q =- SAN LUIS OBISPO, CA 93401 [A NO==SUR;uE_YS= 805-594-1960 August 28, 2015 JOB #12-008 : + a CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Irrevocable and Perpetual Offer to Dedicate dated JP NUMRV/ake 201(o from MFI L4MITEO , to the City of Arroyo Grande, a municipal corporation, is hereby accepted in accordance with Resolution No. 453, recorded the 26th day of August 1960, in Volume 1081, Official Records, Page 344, San Luis Obispo County, California, and the City consents to recordation thereof by its duly authorized Mayor. Dated: 5/67 era CITY OF ARROYO GRANDE By JIM HILL, MAYOR 0010 YO ATTEST: i RPORATE0 n+ 41 JULY 10.1911 KELLY WETMORE, CITY CLERK C'ICIFO1k0 END OF DOCUM