HomeMy WebLinkAbout1989-85931RECORDING REQUESTED BY � �`'d�
'AND WHEN RECORDED RETURN T0:
CITY CLERK
"_ CITY OF ARROYO GRANDE
P.O. BOX 550
ARROYO GRANDE, CA 93420
G
1 1'�
�oc. No. 85931
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CA
DEC 1 8 1989
FRANCIS M. COONEY
County Cterk-Recorder
TIAAE 8:00 AM
Certificate of Acceptance
127
THIS IS TO CERTIFY that the interest in real property
Irrevocable & Perpetual Offer to Dedicate
conveyed by dated Decemb�r 7, 798�
from Mid Coast Land Company
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 Recorda, Page 344,
San Luie Obispo County, California, and the Grantee consenta to
recordation thereof.
Dated: /aZ��/f89 „
CI�Y OF.ARROYO G
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After Recroidation Return To:
City Clerk
City of Arroyo Grande
P.O. Pox S50
Arroyo Grande, CA 93421
IRREVOCABLE & PERPETUAL
OFFER TO DEDICATE
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THIS OFFER TO DEDICATE, made the 1st day of December ,
19 89 by Mid o Lan C
of .the County o San Luis Obispo, State o California, hereinafter
termed Offeror:
WHEREAS, said Offeror desires to make an offer to dedicate,
irrovocably, to the public, an easement for the purposes stated
in "2" below, which offer may be accepted at any time by the City
of Arroyo Grande, California.
NOW, THEREFORE, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of the following interest
described below:
Fee owner of the real property in the City of
Arro��o Grande, County of San Luis Obispo,
California, as described in L'XHIBIT "A"
attached hereto and made apart hereof.
2. That said Offeror does hereby irrevocably and in perpetuity
offer to said City a dedication of an easement for Fiood controi, creen
Belt and e purposes and incidental uses
upon the o lowing escribe property:
(Description)
Per Lxhibit "B" attached hereto and made apart hereof.
Yo� 3432� 12
3. That said Offeror agrees that said offer of dedication
shall be irrevocable and that said City may, at any time in the
future, accept said offer of dedication.
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4. That said Offeror agrees that this irrevocable and per-
petual 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 saia �fferor on the day and year first above written.
MID COAST LAND COMPANY
s � � „�
1 0 eror �o
������ O�feror
0 ero
eror
STATE OF CALIFORNIA
COU.ITY OF SAN LUIS OBISPO �ss
On November 28 , 19 89
0 eror
, before me, the undersigned
notary public, personally appeared Carrol R. Pruett and Daryl L. Flood ,
known to me to be the President and ecre ary o e wi i d
Corooration and
known to me to be the person (s) whose name (s) are
is/are
subscribed to the within intrument and acknowledge that the
he they
executed the same, pursuant to its by-laws or a resolution of its
board of directors.
( SisAL)
Notary �ic i?i and for s
Joanne D. Johnson
��, JOANNE D. JOHNSON
h,.-- ����� Notary P�hlic - CaLtomla
�� ���_ ��"21NQPALOfFIC,EIN
Sa� Luis Ob�sFc County
My Commisean Ezpires:un5 15, 1993
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tate
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RECORbEfl'S MEMO:
, DLSCRIPtI01i POOR FiEPRODUCTION DUE TO
PIACEL 1 C , Q��� OF ORIGtNAL DOCUMENT
. .
LLL tHAT PART 07 LOr lOd OF JAHLS ?. SiAAT2022�5 SUBDIVI5201i OF PARSS�
OF 2HE RARCHOS CORRAL DE PIEDRA. PISHO AND BOLSA DE CHEHISAL, IH iHE
CI?7 OY ARROYO CRANDE. COUNTY OF SAN LUIS OBISYO� $TATE OF
CALIPORHId. {7UICB HAP IS ON FILE IH BOOK A. pACE 65 OF HAPS IH TaE
OFFZCE OF iHE COUt32Y RECORDER OF SAID COUt22Y. YARTICULARLY DESCRIBED
AS 70LLOT7S, 20 XIi;
EECl2iNIXC Ai A SiAKE HARKED E:K. F0. 2.ON iHE SOU?HERL7 LINL OF THE
ARR070 CRANDE AHD PISHO ROAD AND AT THE HOST tiORTHERLY CORHER OF A
TRACS OF LAHD OW23ED BY E. B, KEiCHUH ON SEPiEHBER 7. 1892;
2HENCL SOU2H�33' 10' EAS2 S00 FEET;
SBLXCL SOUS9 56 S0� AEST 70 FEE?; •
SFIEHCL HORTH 33 10' StESi 531.50 PEET YO A STAKE }fARKED E.H. H0. 1 OH
iHE SODY8EAL7 LINE OF THE ROAD ABOVE HENYIONED� •
tHLHCE NOAiH 81• EASi 76 . 8 0.FEEr'ALONC SAID ROAD LIHE TO THE POINT OF
BEGINNIHC.
EXCEPT 4EiEREFAOH TSAS POATION DESCRIBED IN TNE DEED YO TUE SYATE OF
CALIFORHI4. AECORDED JULY 21. 1931 IN BOOK 1�8� PACE 387 OF OFFICIAL
RECORDS„
ALSO EXCEPT iBEAEFROH, ANY YORTION LYZ2iC XI'fglN TSE LZ2iES OF S'RAFF�C
XA7. ,
;
YARCEL• 2: " ' '
YBAT PAAS OY SHL POAiIOH OF LOT 104 OF iHE JAHES T. STRATiON'S, ,
SUEDIVISIOH OF iAL RAHC80S CORRAL DE PIEDRA, PISHO AHD BOLSA DE
CHEHISAL� IH THE CIiY OY ARROYO CRANDE. COUNTY OF SAH LUIS OSISYO.
SYA'fE OY CALIFORNIA. DESCRIBED IN 21iE DEED T0, =HE STATE OF CALIFORHIA
RECORDED JUL7 21. 1931 IN B007: 108, PACE 387 OY OFFICIAL RECORDS.
DLSCRIBED AS FOLLO{7Si
ELCIXHIRG Ar S8y EASiERLY TER2iI2iUS OF COURSE • (C) •IN Y�tE•�DIRECiOR��
DELD t0 STONL SARUAATARI. RECORDED.JANUARY 6. 1969 IH SOOK 1502� YACE
727 O! OFFZCIAL RECORDS;
S9L�CE (1) ALOKC THE EASTERLY PROJECT�ON OF SAID COURSE (C) NORSH 74'
24'<' S2" LASS 73.1,2 FEET ?0 A POINT OH ?HE EASTERLY LZNE OF T8E
PROPER27 DESCRIBED ZH AEOVE SAID DEED 20 THE STATE OF CALIFORNIA;,
ZHLRCL (2) ALOHG SAID EASTERLY LIHE SOUTH 31' 25' 29" EASY 29,29 FEES
20 SBL SODSHERL7 LIHE OF SAID DESCRIBED PROPERTY;
SBLXCL (3) ALONC SASD SOUTHERL7 LINE AN ARC DISTAHCE OF 85.88 FEET TO
TgL,p03X? OZ EECIHNINC.
(LRD OT DL$CRIY?20X)
. . . � ..�.. ..�� J .. � . . .� . .
VOL J �J�. PAGE 14
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a
E7�IBIT B
Creek Easement
That part of the porticn of Lot 104 of the James.T. Stratton's
Subdivision of the Ranchos Corral De Piedra, Pismo and Bo1sa�De
Chemisal, in the City of Arroyo Grande, County oP San Luis Obispo,
State of California, conveyed to Mid Coast Land Company by deed
recorded June 6, 1985, in Volume 2714 at Page 857 of Official
Records, lying southeasterly of the following described line:
Beginning at a point on the Southwesteriy iine of Lowe's Addition
to the Town of Arroyo Grande, according to the map Eiied in
Book B of Maps at Page 8, records of said County, distant thereon
N 32 56' S4° W 42.24 feet from the westerly corner of Lot 11 in
said Lowe�s Addition (said point of beginning being also on the
northeasterly line of said Mid Coast Land Company.property);
thence, S 33 26' 07^ W 76.42 feet, more or iess, to a point on
the southwesterly line.of said Mid.Coast Land Company property,
dist,ant thereon S 32 59� 34" E 260.00 feet from the south line
of the State Highvay sight of wag described in the deed to the
State of California recorded July 21, 1937, in Volume 108 at
Page 387 of Official Records.
End Description
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EXHIBIT "B"
WHEREAS, OFFEROR will retain certain rights to enter
the Easement area to protect its building.
NOW THEREFORE, it is agreed as follows:
1. Irrevocable Offer to Dedicate Exclusive Easement.
Pursuant to this document, OFFEROR hereby offers irrevocably
to dedicate an exclusive easement to the City upon the Easement
as described in the recitais hereof, and shown upon Exhibit
"C" map attached hereto.
2. OFFEROR'S Riahts on Easement Area. OFFEROR reserves
the right at all times to enter the Easement area to make
improvements or to perform work necessary and appropriate
to protect and maintain the integrity of OFFEROR'S building..
Except in cases of emergency, City permits authorizing such
improvements shall first be obtained. The rights OFFEROR
has reserved herein include incidental rights of maintenance,
repair and replacement; however, OFFEROR shall have no obligation
to maintain, repair or replace the Easement.
3. Citv's Ricrhts of Use. The City shall have the
right to come onto the Easement for the following types
of uses:
A. Flood Control. The City shall have the right
to come onto the Easement for the purpose of flood control,
including, without limitation, the removal of obstructions,
the repair and maintenance of the creek banks, and improve-
ments which do not substantially interfere with the public
use of the Easement for green belt and open space purposes.
B. Open Space an�d Green Belt. Prior to the final
adoption by the City of a plan for public access and public
enjoyment of the creek and Easement areas, there shall be
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ERHIBIT "B"
no right of public access to the Easement. The City shall
bear all costs of construction of improvements pursuant
to said Plan and shall indemnify and hold OFFEROR harmless
from any and all liability for damages, costs, losses and
expenses resulting from, arising out of, or in any way connected
with public access to the Easement.
4. City's Dutv to Repair and Maintain. The City shall
have the duty to keep in good repair and maintain the Easement
including, but not limited to, the banks.of Arroyo Grande
Creek, so that it does not constitute and unreasonable hazard
to the Property.
5. Taxes. The City shall pay all taxes and assessments
that may be imposed or levied on the Easement offered herein.
6. Mechanic's Liens. The City shall keep the.Easement
free and clear of any mechanic's or materialmen's liens
for labor performed or materiais furnished at the instance
or request of the City or anyone claiming.under the City.
The City shall pay for all utility and other services furnished
to or for the City on the Easement area.
7. Indemnitv. The City hereby agrees to indemnify
and hold OFFEROR harmless for any and all liability for
damages, costs, losses and expenses resulting from, arising
�out of, or in anyway connected with OFFEROR'S rights 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 limited to, any claim made by any party, private
or public, injured while on or harmed in anyway connected
with or arising from the Easement offered tn the City herein.
S. Entire Aqreement. This instrument contains the
entire agreement between the pasties relating to the rights
herein granted and the obligations herein assumed. Any
VOL34cJ�PAGE 17
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BXHIHIT "B"
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oral representations or modifications concerning this in-
strument 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 instrument or the breach
thereof, the prevailing party shall be entitled to recover
from the losing party reasonable expenses, attorney's fees
and costs.
10. Bindin4 Effect. This instrument shall bind and
inure to the benefit of the respective heirs, personal repre-
sentatives, successors, and assigns of the parties hereto.
11. Additional Documents. Should it be determined
at a date subsequent to the execution of this agreement
that the legal description of the Easement set for.th in
the ITEM 2 is not in accord with the intention of the parties
as set forth in the first Whereas paragraph, both parties
shall execute an amendment to this agreement which shall
set forth an accurate legal description of the Easement
in accordance with the intention of the parties.
VOL �'tc� PAGE 18
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