HomeMy WebLinkAbout1995-065984.. b
R4;c0RDZ,Ny REQUESTEU BY
u�d�whzn recorded, please
return to:
CITY CLERK
City of Arroyo Grande
214 E. Branch Street,
�,,� osssa�
OFFICIAL RECORDS
SAN LUIS OBlSPO CO., CAL
Arroyo Grande, CA 93420
NOV 1 31985
e
- FRANCIS M. COONEY
, OFFER TO DEDICATE County ClerJc-Recorder
A PERPETUAL EASEMENT T�� 12 PM �
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THIS OFFER TO DEDICAI'E, made the '� 24th day of October , 19 $5,
b ✓ Mid Coast Land Company, Inc. of the County'of San Luis
Obispo, State of California, hereinafter termed Offeror:
WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the
public an easement, for public road purposes, which offer may be accepted at any time
by any governmental entity which has the power to establish, construci and mainiain
roads. •
NOW, THEREFORE, said Offeror covenants and promises as follows:
1. That said Offeror is th,e owner of the following interest described below:
Rea�l property in the City'Of Arroyo Grande, County of San Luis
Obispo, Staee of California and being described in Exhibit "A"
attached hereto �and made a part hereof.
2. That said Offerar does hereby irrevocably and in narne��+ity offer to such
gove:nmental entity a perpetual eas�mene fp.; the purpose,Q,£ ,flood control,
green belt, and open�spa�ce as�per the�.terms and on the propert'�y (ease-
ment), described as follows: ����� , • �
Per Exhibit�"B" attached hereto and made a part hereof.
3. That until such time as the above offer to dedication is accepted by such a
government entity, all owners o£ property contiguous to the above described road parcel
shall have the right to the use o£ said road parcel as a private road.
• 4. That said Offeror agrees that said offer to dedication shall be irrevocable
and that such a government ent•ity may, at any time in the future, accept and offer
of dedication of the public right-of-way.
S. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate
is and shall be binding on his heirs, legatees and assignees.
IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror
on the day,and year first above written.
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EXHIBIT .•"A" _
DESCRIPTION
LOTS 10 TO 16 INCLUSIVE, OF LOWE'S ADDITION TO THE TOWN OF ARROYO
GRANDE, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORfJIA, ACCORDING TO MAP FILED FOR RECORD JUNE 6,
1906 IN THE OFFICE OF THE COUNTY RECORD.ER OF SAID COUNTY.
PARCEL 2:
THAT PORTION OF CYPRESS STREET� NOW CLOSED� OF LOWE'S ADDITION TO
THE TOWN OF ARROYO GRANDE, IN THE CITY OF ARROYO GRANDE, COUNTY OF
SAN LUIS OBISPO� STATE OF CALIFORNIA, ACCORDING TO MAP FILED FOR
RECORD JUNE 6, 1906 IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY� DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF LOT 10 OF SAID LOWE'S
ADDITION;
THENCE SOUTH 33 O8' EAST ALON6 THE NORTHEASTERLY LINE OF LOTS 10,
11 AND 12 OF LOWE'S ADDITION, TO THE MOST EASTERLY CORNERS OF SAID
LOT 12; ,
THENCE NORTHEASTERLY IN A DIRECT LINE TO THE MOST SOUTHERLY CORNER
OF LOT 13 OF SAID LOWE'S ADDITION;
THENCE NORTH 33 08' WEST ALONG THE SOUTHWESTERLY LINE OF LOTS .
13� 14 AND 15 OF SAID LOWE'S ADDITION TO THE MOST WESTERLY CORNER
OF I.OT 15;
THENCE SOUTHWESTERLY IN A DIRECT LINE TO THE POINT OF BEGINNING.
PARCEL 3:
THAT PORTION OF LOT 1 OF THE BANK TRACT, IN THE CITY OF ARROYO
GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING
TO MAP FILED FOR RECORD OCTOBER 27, 1891 IN BOOK B� PAGE 2 OF MAPS
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED
AS FOLLOWS: �
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 1;
THENCE SOUTH 33 10' EAST, 50 FEET TO THE MOST SOUTHERLY CORNE'R OF
SAID LOT 1;
THENCE NORTH 56° 50' EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT
TO ITS INTERSECTION WITH THE WESTERLY LINE OF THE CALIFORNIA STATE
HIGHWAY AS DESCRIBED IN DEED RECORDED IN BOOK'108, PAGE 395 OF
OFFICIAL RECORDS;
THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE 58.58 FEET TO
ITS,INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID LOT 1;
THENCE SOUTH 56° 50' WEST ALONG SAID NORTHWESTERLY LINE 42.69 FEET,
MORE OR LE55� TO THE POINT OF BEGINNING.
PARCEL 4:
THAT PORTION OF LOT 2 OF THE BANK TRACT� IN THE CITY OF ARROYO
�o� 2771�E557
, , " �' 127052-AH
r
�GRANDE� COUNTY OF
� MAP FILED FOR
l' IN THE OFFICE OF
AS FOLLOWS:
SAN LUIS OBISPO, STATE OF CALIFORNIA� ACCORDING
RECORD OCTOBER 27, 1891 IN BOOK B, PAGE 2 OF MAPS
THE COUNTY RECORDER OF SAID COUNTY, DESCKIBED
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT;
THENCE NORTH 56°�50' EAST ALONG THE NORTHWESTERLY LINE OF SAID LOT
TO THE SOUTHWESTERLY LINE OF THE RIGHT 'OF WAY FOR STATE HIGHWAY
PURPOSES CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED JUNE
27� 1931 AND RECORDED IN BOOK 108, PAGE 397 OF OFFICIAL REGORDS;
THENCE SOUTHEASTERLY ALONG THE SAID SOUTHWESTERLY LINE� 57.42 FEET
TO THE SOUTHEASTERLY LINE OF SAID LOT;
THENCE SOUTH 56° 50� WEST ALONG SAID SOUTHWESTERLY LINE TO THE
MOST SOUTHERLY CORNER OF SAID LOT; .
THENCE NORTH 33 10' WEST ALONG THE SOUTHWESTERLY tINE OF SAID LOT,
50 FEET TO THE POSNT OF BEGINNING.
PARCEL 5:
THAT PORTION OF LOT 84, ACCORDING TO MAP OF PARTS OF THE RANCHOS
CORRAL DE PIEDRA, PISMO AND,BOLSA DE CHEMISAL� SURVEYED BY JAS. T.
STRATTON; C.E. SEPT. 1873, IN THE CITY OF ARROYO GRANDE, COUNTY OF
SAN LUIS OBISPO� STATE OF CALIFORNIA� AND FILED FOR RECORD IN BOOK
A�. PAGE 65 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY� DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF THE RIGHT OF
WAY OF THE CALIFORNIA STATE HIGHWAY, AS DESCRIBED IN DEED RECORDED
AUGUST 11, 1931 IN BOOK 108, PAGE 403 OF OFFICIAL RECORDS, WITH THE
SOUTHEASTERLY LINE OF THE PROPERTY CONVEYED TO W. N. SHORT, ET AL.,
AS TRUSTEES FOR ARROYO GRANDE LODGE N0. 258 OF THE INDEPENDENT ORDER
OF ODD 'FELLOWS, BY DEED RECORDED IN BOOK 41, PAGE 276 OF DEEDS;
THENCE WESTERLY ALONG THE SOUTHERLY LINE OF THE SAID RIGHT OF WAY
59.38 FEET TO THE NORTHWESTERLY LINE OF THE PROPERTY CONVEYED TO
SAID W. N. SHORT,'ET AL.�• AS TRUSTEES;
THENCE SOUTH 56° 50' WEST ALONG SAID NORTHWESTERLY LINE 7.33 FEET
TO THE MOST WESTERLY CORNER OF THE PROPERTY SO CONVEYED TO SAID
W. N. SHORT, ET AL., AS TRUSTEES;
THENCE SOUTH 33 10' EAST ALONG THE SOUTHWESTERLY LINE OF THE
PROPERTY SO CONVEYED, 50 FEET TO THE MOST SOUTHERLY CORNER THEREOF;
THENCE NORTH 56° 50' EAST ALONG THE SOUTHEASTERIY LINE OF THE
PROPERTY 50 CONVEYED, 40 FEET, MORE OR LESS,-.,TO THE POINT OF
BEGINNING.
PARCEL 6:
THAT PORTION OF LOT 104 OF THE RANCHOS CORRAL OE PIEDRA, PISMO
AND BOLSA DE CHAMISAL, IN THE CITY OF ARROYO GRANDE, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK
A, PAGE 65 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
�BEGINNING AT A POINT IN NORTHEAST LINE OF SAID LOT FROM WHICH
�o� 2 771 PRGE 558
�• 127052-AH
POJ�NT FHE EAST CORNER OF SAID LOT (IN CENTER OF ARROYO GRANDE
•VALLEY ROAD) BEARS SOUTH 33° 10' EAST 25 FEET DISTANT AND POST AT
SOUTH CORNER OF ARROYO GRANDE SCHOOL LOT BEARS NORTH 33° 10' WEST
r�� 5-1/2 LINKS DISTANT� MARKED L N0. 3 AND RUNNING
` THENCE ON NORTHWEST LINE OF ROAD� SOUTH 56° 50' WEST 60-1J2
LINKS TO STAKE P1;
THENCE NORTH 33° 10' WEST 2.20 CHAINS TO STAKE P2;
THENCE SOUTH 56° 50' WEST 2.28 CHAINS TO STAKE P3; '
THENCE SOUTH 33 10' EAST 2.20 CHAINS TO STAKE P4 IN BEFORE NAMED
ROAD LINE; •
.THENCE ON SAID ROAD LINE SOUTH 56° 50' WEST 3.12 CHAINS TO POST
L N0.'1 AT CORNER OF LANDS OF E. B. KETCHUM AND ELIZABETH LOWE;
THENCE ALONG FENCE LINE BETWEEN SAID LANDS NORTH 33 OS' WEST
15.12 CHAINS TO POST L N0. 2 WHICH WAS LOCATED ON BANK OF
ARROYO GRANDE CREEK,
THENCE NORTH 33° 10� EAST ,66 OF A CHAIN TO THE SOUTH CORNER OF
LOT N0. 12 OF LOWE'S ADDITION TO THE TOWN (NOW CITY� OF ARROYO
GRANDE IN THE CENTER OF SAID CREEK;
THENCE UP THE CREEK ON THE LINE OF SAID LOT� NORTH 45° 06' EAST
1.86 CHAINS TO EAST CORNER OF SAID LOT;
THENCE NORTH 28° 21' EAST 79 LINKS TO THE SOUTH CORNER OF LOT N0.
13 OF SAID ADDITION; �
THENCE'ON LINE OF LAST NAMED LOT� NORTH 41° EAST 2.77 CHAINS TO
EAST CORNER THEREOF;
THENCE NORTH 21° 52' EAST 1.00 CHAINS TO STAKE L N0. 4 IN THE
NORTHEAST LINE OF SAID LOT 104;
THENCE ALONG LOT LINE SOUTH 33° 10' EAST 18 LINKS TO TOP OF CREEK
,BANK AND RUNNING
THENCE ALONG OLD FENCE LINE� SAME COURSE� 17.88 CHAINS TO POINT OF
BEGINNING.
EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THE DEED
'TO HENRY AGUEDA, RECORDED NOVEMBER 18, 1925 IN BOOK 7,_.P.AGE 330 OF
OFFICIAL RECORDS� IN THE OFFICE OF THE COUNTY R�CORDER OF SAID
COUNTY.
AL50 EXCEPT THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN THE
DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 27, 1955 IN BOOK
$12,. PAGE 305 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
(END OF DESCRIPTION)
�o� 2771 P��E 559
EXHIBIT "B"
CREEK EASEMENT
DESCRIPTION
That portion of Lots 10, 11, 12, 13, 14 and 15 of Lowe's Addition
to the Town of Arroyo Grande, in the City of Arroyo Grande, County
of San Luis Obispo, California, according to the map filed in Book B
of Maps at Page 8, described as follows:
Commencing at a point on the southwest right of way line of
Traffic Way, said point is northwesterly, alon� a curve with
a radius of 1750.00 feet through an angle of 3 26' 16" for a
distance of 105.00 feet from an iron pipe and plastic cap,
stamped San Luis Engr. LS 3673, set for the intersection of
the southeast line of said Lot 13 with southwest right of way
of Traffic Way as shown on the record of survey map filed in
Book 42 of Licensed Surveys at Page 74, records of said County
and is the Point of Beginning; thence, on a non radial bearing,
S 32 26' 00" W. 72.00 feet; thence,
S 57 33' 00" W. 36.00 feet; thence,
S 34 OS' 00" W. 113.00 feet; thence,
S 42 29' 39" W. 62.81 feet to a goint on the southwest line of
said Lot 12, distant thereon N 32 56' S4" W. 90.00 feet from
the most southerly corner thereofa thence, along the southwesterly
line of said Lots 12 and 11, N 32 56' S4" W. 60.00 to the center
of Arroyo Grande Creek; thence, along the center of said creek,
N 39 48' 12" E. 240 feet, more or less, to said right of way of
Traffic Way; thence, southeasterly along said right of way, along
a curve to the right with a radius of 1750.00 feet, through an
angle of Oi� 57' S2" for a distance of 60 feet to the point of
beginning.
END DESCRIPTION
�o� 2771 PAGE �J�O
� EXHIBIT "B" i
WHEREAS, it is intended that the above legal description
should define that rear portion of the Property cox�anencing at
the top edge oE the creek bank and running 10 feet in towards
the:building structure and running from there to the ceneerline
of the�creek. - � � �
iJfiEREAS, oFFExott will retain certain rights to enter the
Easernent area to protect its building.
NO�d THEREFORE, it is agreed as £ollows:
1. Irrevocable 0£fer to Dedicate Exclusive Easement.
Pursuant to this ocument, oFFEROx hereby o fers irrevocably
to dedicate an exclusive easement to the City upon the Easement
as described in the recitals hereof, and shown upon Exhibit
��
attached hereto.
2 • oFFEROR�s Ri hts on Easer�ent Area, oFFEROx- reserves
the right at a times to enter the Easement area to make improve-
ments or to perform work necessary and appro pr iate to protect and
maintain the integrity of oFFEROx s building, Except in cases
of emergency, City permits authorizing such i�provements shall
first be obtained. The rights oFFExox . has reserved.herein
include 'incidental rights of maintenance, repair and replacerient;
however, OFFEROR sha11 have no obligation to maintai.n, repair
or replace the Easement_ --
3. City's Rights of Use. The City shall have the right to
co�e onto the �aser.tent for the following types of uses:
A. Flood Control. The City shall have the right to cor.ie
onto the Easement or the purpose of flood control, including,
without limitation, the removal of obstructions, the repair and
maintenance of the creek banks, and improvements which do not
substantially-interfere with'the public use of the Easement for
green belt and open space purposes.
B. �0_ �en Space and Green Belt. Prior to the final adoption
by the City of a plan or public access and public enjoyment of the
creek and Easement areas, there shall be no right of public access
to tlie �asement. The City shall bear all costs of construction of
imorover�ents pursuant to said Plan and shall indeMnify and hold
oFFExoR harmless from any and all liability for damages, costs,
losses and expenses resulting from, arising out of, or in anv way
conne�red wirh nublic access to the Easement.
�o� 2771 PAGE,56'1
r .
� � ' � J
.C_
4. Cit 's Dut to Re air and t4aintain. .The:City shall have
the duty to keep in goo repair an aintain the Ease�ent
including, but not limited to, the banks of Arroyo C-rande Creek,
so that it does not constitute and unreasonable hazard to the
; ` Property. ,
,,.
5. iaxes. The City shall pay all taxes
that may„> imposed or levied on the Easement
and asse's`siaents
offered herein.
6. F?echanic's Liens. T�e City shall keep the Easement
free and c ear o any mechanic's or materialmen's liens for labor
perfoxr,ied or materials furnished at the instance or request of
the City'or anyone claiming under the City. The City sha11 pay
for all utility and other services furnished to or £or the City
on the Easement area. , •
7. Indemni�_tY The City hereby agrees to indemnify and
hold oFFExOR:_ - harmless for any and all liability £or danages,
costs, losses and expenses resultino from, aiising out of, or in
anyway connected Wltti OFFEROR'S Tlgt'1tS of use with respect to the
Easement area or the City's rights of use and obligations with
respect to the�Property, including, but not linited to, any claim
made by any party, private or public, injured while on or har�ed
in anyiaay connected with or arising £rom the Ease�ent offered
to the City herein.
8. Entire Pgreement. This instrunent contains the entire
agreement between the parties relating to the rights herein '
granted and the ob.ligations herein assumed. Any oral representa-
tions or modifications concerning this instru�.nent shall be of no
force and effect excepting a subsequent modification in writing,
signed by the party to be charged.
�9. Attorney's Fees. In the event of any controversy, claim
or dispute relating to this instru�ent or the breach thereof, the
prevailino party shall be entitled to recover from the losing
party reasonable expenses, attorney's fees and costs.
10. Bindin Effect. This instrument shall bind and inure to
the benefit o t e respective heirs, personal representatives,
successors, and as.signs of the parties hereto. •
11. Additional Documents Should it Se deter�ined at a
date subsequent to the execution oi this a�reement that the legal
description of the Easement set forth in the ITEM 2 �
is not in accord with tl:e intention of the parCies as
set forth in the firsc Idhereas paragraph, both parties shall
execute an anendr.ment to this agreerent ���hich shall set forth an
accnrate legal desciiption of the Easement in accordance ��ith the
intzntion of the partias.
- 4 -
� �o� 2771 �E562
STATE OF CALIFORNIA
ss.
COUNTYOF SLIN LLNS O�lS�D
� ' OFFIGII�L SERI
JANICE L LIPt(IN
`"L-.E ^ NOTARY PpBLIC—CAIIFORNIA
' '" PRI?ICIPAL OFfICE IN
� i'..,' . �'
" '�"'•• SkN LUIS OBISPO COUN7Y
�� *" CpMUISSION E%PIRES SEDT�23,1987
ACKNOWLEDGMENT—fwnr�—WMmlb Fam 277C/�—M. &1Y
On lhis � day of �G`�D IB E R- , in the year 19�5
before me, the undersigned,_a Notary Pu41ic in and for said State, personally appeared
" " , personally known to me
(or proved to me on the basis of satistactory evidence) to be the person ✓whose name_
�< subscribed to the within instrument, and acknowledged to me that _he✓
executed it.
WITNESS my hand and official seal.
.
Notary said State.
�o� 2771 PAGE JUJ
State of California � ss.
County of San Luis Obispo )
On this 7th day of November, in the year of 1985, before me, the under-
' signed, a Notary Public in and for said State, personally appeared Daryl L.
Flood, personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person who executed the within instrument as Secretary
or on behalf of the corporation therein named and acknowledged to me that
the corporation executed it.
� ��
Daryl L lood, Secretary
Mid-Coast Land Company, Inc.
WITNESS, my hand and official seal.
S i gn at u re��fZl/1/1-ill���((//Z�
Harriett Farina
END Of DOCItMENT
HAFlRlE7T fARiir"A
.�.• �, NOTAfiY PUBLIC
�'�. ,:; SAN � GWFORN �NTY
tA�, ComnMMon Exppas on,M. t7� taee
�o� 2771 PACE
4
. ,
,\ _
BY
1 ETURN T0:
N Y A. DAVIS :.
reet
, alifornia 93420
RECORDING REQ
AND WHEN RECO
CITY CLERK
214 E. Bra
Arroyo Gra
,
eERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property
conveyed by the deed or grant deed dated October 24. 1985
.
from Mid Coast Land Company, Inc., a Galifornia corporation
to the City of Arroyo Grande, a munjcipal corporation, is hereby
accepted in accordance with Resolution No. 453, record�d the 26th
day of August, 1960, in Volume 1081, OfficiaL Records, Page 344,
San Luis Obispo County, California, and the Grantee consents to
recordation thereof.
nated: November 12, 1985
CITY OF ARROYO GRANDE ,
BY:- /�J C.f/N� LC���V
MAYOR
ATTEST:
�iLu,�,t Lf. )ft/f�R,,�' 11/12/85
CI Y CL
�.�
END OF UOCLtMEi�T
�o� 2771��E555