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HomeMy WebLinkAbout2016-010984 2016010984 \ Tommy Gong San Luis Obispo - County Clerk-Recorder RECORDING REQUESTED BY AND 03/14/2016 03.17 PM WHEN RECORDED RETURN TO: Recorded at the request of PUBLIC CITY OF ARROYO GRANDE CITY CLERK Titles: 1 Pages: 8 Fees: $0.00 300 EAST BRANCH STREET Taxes: $0.00 AI IROYO GRANDE, CA 93420 Total: $0.00 ill ENIMI�� Qf'� 11III Fee Exempt per GC Sections 6103 and 27383 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC STREET TREE EASEMENT THIS OFFER TO DEDICATE is made this (9.944ts day of J ANU F(t.'/ 20 Ito , by MFI, Limited, a California limited partnership, hereinafter termed Offeror. WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate a public street tree 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, 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, 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 street trees, along with any appurtenances and incidental uses, over, under, upon and across the following property 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 within said easement, the City of Arroyo Grande shall have the right to require Offeror to install, operate, maintain, repair, replace, and enlarge or decrease the size of public street trees, along with any appurtenances and incidental uses. 4. 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 street tree easement. 5. That said Offeror agrees that this irrevocable and perpetual Offer to dedicate the public street tree easement is and shall be binding on their heirs, legatees, successors and assignees IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first above written. MFI, Li r-• °. By: t1,._ Offeror 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 ii4AA S �t� / On o� pot� before mep'�2 t� —ne (insert name,and title of the offs r) personally appeared Lr�/1 X_tO . ' �C LAA who proved to me on the basis of satisfactory evidence to be the person hose name(*/is/eR—i subscribed to the within instrument and acknowledged to me that he/ski/1136y executed the same in his/her/their authorized capacity(4),and that by hisihalrithogir signature(1)on the instrument the person(,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 that the foregoing paragraph is true and correct. WITNESS my hand and official seal. fCol2t1t7 '17 TA Notary Public•California \r1,1 San Luis Obispo County ' Comm.E ire:Jul 10 2019 Signatur (Seal) Page 3 T 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. * * * 1 EXHIBIT A - 1 MFI PROPERTY LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA POINT OF BEGINNING I^ I - V ST T cti LOT 2 •:::::i.i.;:1:.E:.:iE:E..;•:.i.::::.:::•-:::::::::::.*::.'-:.:::::-:..:-E..:-:.::.:.:...:::::..i..:1::::::-:::::::-.-::- :i.:.:-.:::l '41 4/ B M B 8 LOT 1 := .-::::i.::;;:::••:E.E.::;1;E..:.::'.:::::.::':::.::**:: ::-.'';-: :.:::::?: ::::::::::::::::.::::.:-....:.-.:-.::-1:: : B M B 8 ::::.::: l' */ :::::.::: ::.::::::..----::-::::::::**: 'O\jV i S ADD_I rJ 0 L7 0' 20' - -■ ■SCALE. 1" = 20' CO Z0 0 III LOT 1 6 : MICHAEL B. STANTON,UPLS 5702 3563 SUELDO ST. UNIT Q SAN LUIS OBISPO, CA 93401 -LA°NO=_S_URVEYS-- 805-594-1960 ° JOB NO. 12-008 EXHIBIT B Legal Description Street Tree 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 5/8" rebar with cap "LS 5702" set at the most westerly 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 80° 54' 31" East 58.17 feet to the northeasterly corner of said Lot; thence 2) South 33° 08' 00" East 1.98 feet along the northeasterly line of said Lot to a point of intersection with a line that is parallel with and 6 feet offset from the existing back of sidewalk along the southerly side of West Branch Street; thence 3) South 77°51'41"West along said offset line 56.90 feet to the southwesterly line of said Lot; thence 4) North 33°08' 00"West along said southwesterly line 5.29 feet to the Point of Beginning. The above-described parcel contains 193 square feet, more or less. The above-described parcel is graphically shown on Exhibit B-1 attached hereto and made a part hereof. * * * /1!..,,_c-7‘)-<::---;37, , (/. 'l tp /. . 1,. ' \‘.,1/4.k,,,4 �� 2 t LIC. NC 5.0_ �,/*jj./ \',\‘' ',;.-.:,-,-..,--:-:::,.'-,-(,-eif -- Date: /2 -Z -20/' M:\12-008 139 West Branch-AG\PDF\EASEMENTS\139 W Branch Street Tree Esmt Legal Description.doc 7/14/2014 1:26 PM ' . s7 EXHIBIT B - 1 ,, T ' • , • STREET TREE EASEMENT A PORTION OF LOT 1 OF LOWE'S ADDITION TO THE TOWN OF ARROYO GRANDE AS RECORDED IN BOOK "B" OF MAPS, PAGE 8, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA EXISTING \ RIGHT OF WAY LINE ST eR\ cy\ POINT OF BEGINNING � N33'08'00"W 5.29' ���''''N80s¢, , �� \ s,�s ii����=iii LOT 2 E B M B 8 S33'08'00"E 1.98' LOT 1 B M B 8 HATCHED AREA INDICATES o STREET TREE EASEMENT N .4 Al 1 I'm L OVr'J ADDrON W I- 0' 20' co __- O SCALE: 1" = 20' W L Cou P!a LO rn M a M U (/.7 Q 1 c 2 m` d n rn m 0 0 N m Mill MICHAEL B. STANTON, PLS 5702 3563 SUELDO ST. UNIT Q __ —t SAN LUIS OBISPO, CA 93401 °C:4=NO,=SURVEYS--- 805-594—1 9 60 JOB NO. 12-008 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Irrevocable and Perpetual Offer to Dedicate dated JANUARY 7-2, 206 from MF1,L/In1TED , 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: 3/8/201(p CITY OF ARROYO GRANDE By JIM HILL, MAYOR OR 0 Yo 9y ATTEST: ORATED o JULY 0.10 4 KELL ETMORE, CITY CLERK END DOCUMBIT