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HomeMy WebLinkAbout2000-047639.. .,. RECORDING REQUESTED BY F�d�l� WHEN RECORDED MAIL TO: Director of Public Works 208 E. Branch Street Arroyo Grande, California 93420 � � —_ — Doc No: 2000-041639 Official Records San Luis Obispo Co Julie L. Rodewald Recorder Aug 23, 2000 Time: 08:00 l 0 � Rpt No: 00063301 ;NF -2 0.00 � � � � � ;TOTAL 0.00 THIS SPACE RESERVED FOR RECORDER ONLY (Gov. Code & 27361.61 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE MUNICIPAL WATER WELL SITE 1 / THIS OFFER TO DEDICATE, made this day of July 2000; by Malcolm and (�Cl. Janet A. DeMille of the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, 7� hereinafter termed Offeror; WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate an easement for the purposes of a municipal water well site; and, NOW, THEREFORE, For a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said Offeror covenants and promises as follows: That said Offeror is the owner of the real property described in Eachibit A and shown schem- atically in Ea�hibit A-1. 2. That said Offeror irrevocably offers to the City of Arroyo Grande an easement for a municipal water well site, including treatment facilities and a building, 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. That within said easement, the City sha11 have the right to install, operate and maintain, repair and replace, and enlarge or decrease the size of a municipal water well, trearinent facilities and a single building for the housing of said water well and treahnent facilities, along with appurtenances and incidental uses. 4. That the aforementioned building shall not exceed 15 feet in height. 5. That access to the water well easement site shall be by the existing adjacent public roadway, Deer Trail Circle, and that a driveway, not to exceed 24 feet in width, shall connect said public roadway and the aforementioned building. SB 236986 v 1:08047.0001 .. �.. ... � That said Offeror agrees that the easement for a municipal water well site is and shall be binding on their heirs, legatees, successors and assignees. That Eachibits A, A-1, B, and B-1 aze attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and �.�tC�' ,� y�/��C/"� Offer •, Janet A. DeMille IN WITNESS WHEREOF, Bank of America, Federal Savings Bank, 6200 Gateway, Cypress, CA 90630-6013, Beneficiary under that certain Deed of Trust recorded March 26, 1999, as InstrutnentNo. 1999-021916, of Official Records ofCounty of San Luis Obispo, California (Deed ofTrust), hereby agrees that this Irrevocable And Perpetual Offer to Dedicate Municipal Water Well Site (Offer to Dedicate) made to the City of Arroyo Grande, shall be and remain pazamount, prior and superior to and forever bind the interests of the undersigned under the Deed of Trust, for all purposes as fully as though the Offer to Dedicate had been executed and delivered prior to the creation of the Deed of Trust, and the latter made and accepted specifically subject to and subordinate thereto. NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY SECURING YOUR DEED OF TRUST BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THAT CERTAIN EASEMENT DESCRIBED HEREIN. � �. - � / /� �/� • Bank of America, Federal Savings Bank By: - Its SB 236986 v 1:08041.0001 Page 2 of 3 �.. �, EXHIBTT `A' PARCEL A: � ,,i LOT 14 OF TRACT NO. 675, OAK HILLS ESTATES, IN THE CITY OF ARROYO GRANDE, COiTNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED AUGUST 23, 1978 IN BOOK 9, PAGE 70 OF MAPS, RECORDS OF SAN LUIS OBISPO COLTNTY, CALIFORI�IIA. PREPARED UNDER MY SUPERVISION: �A,(M/A/'.n �U/ �(6'IA�- THOMAS M. THOMSEN PROFESSIONAL LAND SURVEYOR NO. 7200 REGISTRATION EXPIRES 12/31/03 , �. �. � `/ EXHIBI T ' A - � ' DE,ER — --�—� ° 3 944 0'p0.. � ,, �jL \ . . �co�� V� 0 rn rn N �� (N 72'30'31 " E) (19.85 ') —�� 0�85'30'24") T�23.11'� / R�25.00 NORTH 1 " = 50' Cj ti`O �� l�,�)1% �7�5 1�37.31' o ' 'U%ia w��e �'7r'�.�7 �N i �)11C,� �,'lGl�,(s ��55P�I5%(���,j • 4 ��� 4� n��� �3�n c����,��n��; .� ,., 0 0 0 (N 31'09'29" W) (44.51') '— . F. 1� . /�� r �'" ,� �- �, ?g• �� ��J � � I� ()� RECORD DATA PER BK. 9, PG. 70 OF MAPS, SAN LUIS 081SP0 CO. v ENGINEERING." �",..,, c:�vn. � •91��. ....� � _ w� n.r. r... w r. w. x rw twir.� ti�hir-w• / GRANTOR' S PROPERTY � (3 � S � � � � � � J . �� � � � � � EXHIBIT `B' PARCEL A: A PORTION OF LOT 14 OF TRACT NO. 675, OAK HILLS ESTATES, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS SHOWN ON MAP RECORDED AUGUST 23, 1978 IN BOOK 9, PAGE 70 OF MAPS, RECORDS OF SAN LUIS OBISPO COUNTY, CALIFORIVIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID LOT 14, ALSO BEING A POINT ON THE SOUTHEASTERLY LINE OF DEER TRAIL CIRCLE, SAID DEED TRAIL CIRCLE BEING 52.00 FEET WIDE; THENCE SOUTH 50°09'29" EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT 23.00 FEET; T'HENCE NORTH 42°29'S4" EAST 30.03 FEET; THENCE NORTH 50°09'29" WEST, PARALLEL WITH SAID SOUTHWESTERLY LINE OF SAID LOT 23.00 FEET TO SAID SOUTHEASTERLY LINE OF DEER TRAIL CIRCLE, ALSO BEING A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTI�ASTERLY, HAVING A RADIUS OF 324.00 FEET, A RADIAL BEARING TO SAID POINT BEARS NORTH 44°50'43" WEST; THENCE SOUTHWESTERLY, ALONG SAID SOUTHEASTERLY LINE OF DEER TRAIL CIRCLE 30.04 FEET, THROUGH A CENTRAL ANGLE OF OS°18'46" TO THE POINT OF BEGINNING. CONTAINS 697 SQ. FT. PREPARED UNDER MY SUPERVISION: ��l - THOMAS M. THOMSEN PROFESSIONAL LAND SURVEYORNO. 7200 REGISTRATION EXPIRES 12/31/03 � � EXHIBI T DEER T.R�JIL P. 0. B. k= E �o� �� r�n� �� �;�., n�lco C��'�" o,Q° � Gi%0/�l� �� i�� �>s� S ol/��„ �� ll��"l�J� l/l�/ Vl' lIli��L:l� N 4r29�54� E .� ,.i , , B-� i �I 3 v �I "� I NORTH 1"=10' CI.RCL w C� N M. EXPIRES 12-31-03 o� �""� rVC ' �. � •J�M�N •�N � :�' DEDI CA TION AREA � � � � C3 � � E � � � � w � ... `. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ) ) ss. ) � �.,- On 200 before me, a Notary Public, person- ally appea ed rsonally known to me (orproved to me �o rh basis of sarisfactorv evidence) to be the person(s) whose name(s) is/aze subscribed to the within instrument and acknowledged to me that he/she/t�igy executed the same in his/her/t]leir authorized capa- city ies), and that by his/her/t Je.'r signature(s) on the instrument the personSs), or the entity upon behalf of which the person(s) acted, executed the instrument. � J. MCKNIGHT � WITNESS my hand seal V Comm ltt45832 (� ,' ) Q JOTARV PUBIJC CALIFOPNIAG i�/���f l % Y' � SANLU190BISPOCOUNiY �� - Comm Exp. July S. 2001 i' �� , i STATE OF �_VIRGINIA ) ) ss. COLTNTY OF �IENRICO ) On / 2000, before me, �//v�� L. rris , a Notary Public, person- ally appeared i.�r.� ae.F . v' � �- T .�n . personally known to me (or proved to me on the basis of satisfacto� evidence) to be he person(s) whose name(s) is/are subscribed to the within i�sYtument and acknowledged to me that he/she/they executed the same in his/her/their authorized capa- °city�i�r� and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of �.o9'A�ch ���8r,�on(s) acted, executed the instrument. � , . .� _eM � e. = L � � OVi : yi � C �, - �7� pd � :� ;p 5/�1`'y/� � �. /i ti�.4,.. • `�C�.�_ .. WITNESS my hand and seal � � S I"pT$ �.�ALIFORNIA ) � ) ss. , COUNTY OF SAN LUIS OBISPO ) On , 2000, before me, , a Notary Public, person- al ly appeared , 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 he/she/they executed the same in his/her/their authorized capa- ciry(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. WITNESS my hand and seal SB 236986 v 1:08041.0001 Page 3 of 3 ... � GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJIIRY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY �/LVhO C. �yuw3 FIDELITY NATIONAL TITLE NAME OF COUN'i'Y y�� INSDRAN�'i$�pypp.Ny� DATE COMMISSION EXPIRES_ 3 �ooi gy „( �� COMMISSION # ARROY�E, CA � DATE: 8'12-�cep '�` ^ '�y c� Fx�,llss sePrsi+►9�. 70, �.00Z END OFDOCUMENT