HomeMy WebLinkAbout2000-039507r_ c
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City Qerk
City of Arroyo Grande
214 East Branch Street
Arroyo Grande, CA 93420
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Doc No: 2000-039501
Official Records
San Luis Obiapo Co.
Julie L. Rodewald
Recorder
JU1 17, 2000
Time: 08:00
L uJ
Rpt No: 00052651
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IRREVOCABLS AND PSRPSTUAL
OFPSlt TO DSDICATS TO THE CITY OF ARROYO GRANDS
THIS IRREVOCABLE AND PERPETIJAL OFFER TO DEDICATE is made effective the
6` day of June, 2000, by Lucia Mar Unified School District, hereinafter termed "Offeror."
WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the public,
the interests hereinafter described, which offer may be accepted at any time bq the City of
Arroyo Grande or its designee, in accordance with Government Code Section 7050 ("City").
NOW, THEREFORE, said Offeror covenants and promises as follows:
1. That said Offeror is the owner of the real property described in FSchibis A, attached
hereto and incorporated herein by reference, located within the Citp of Arroyo Grande,
County of San Luis Obispo, State of California.
2. �at said Offeror dces hereby irrevocably�& in perpetuityofferto the Citqapermanent
and perpetual easement over, under and across that propertp identified in Sxhibit B-1
and shown graphically in Exhibit B-2, attached hereto and incorporated herein bq
reference,forthe placement,construction,inscallation,excavation,repeir, maintenance,
operation and replacement of public water, sewer, storm drain and similar utilisy lines
("Utility Basement"). As a condition to its exercise of its rights und� the iTtilitq
Easement, the City shall use all reasonable means to minimize any disruption of the
Offeror's use of the Offer Property described fn Exhibit A attached hereto. The C'ity shall
also use all reasonable means to restore the Offeror Property to a condition similar that
to which the Offeror Property was in prtor to the City's enuy upon the same in exercise
of its rights under the Utility Easement. In the event the Offeror secures the Offeror
Property in a manner which restricts access to the IItility Easement, City shall provide
Offeror reasonable notice in advance of its desire to gain access w the Offeror Property
for purposes of exercising its rights under the Utility Sasement, and Offer shall respond
promptly and reasonably to provide such access.
3. That said Offeror agrees that said offer of dedication shall be irrevocable and that the
City may, at any time in the future, accept said offer of dedication in accordance with
Government Code Section 7050.
4. That said Offeror agrees that this irrevocable and perpetual Offer of DedicatSon is and
shall be binding on its heirs, legatees, successors and assigns.
IN WPPNSSS WFIEREOF, this Irrevocabie and Perpetuai Offer to Dedicate is herebp
executed by the said Offeror effective on the day and Sist written above.
Page 1 of 2
Irrevocable and Perpetual Offer to Dedicate
June 6, 2000
THE BOARD OF EDUCATION OF THE
LUCIA MAR UNIFISD SCHOOL DISTRICT
By: L1!%ee � ��
�veY; 6lerlr-
Bill Senna, Clerk Pro-Tem
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LUCIA MAR UNIFIBD SCHOOL DISTRICT
By: f
Nancy L. ePue, SuperiMendent
Date: (0 � l� - Q�
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Ondsme� before xae, " - Notary Pa�blic; persoaadlg
appeared Naticv L. DaPue and `'�i ° � ° �j Pereonally known to me or O
proved to me on the basis of satisfacto=q evidence to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same
in their capacities, and that their signatures on the instrument the persons or the entity
upon behaif of which the person acted, executed the instrument.
Wftness mp hand and officfat seal.
C7l�' N.K- � �.,� ,...�-"
Gloria J. Palacios, Notary Public
OLORIA J. PAIAC106
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Page 2 of 2
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PARCffi. 1:
That property described in the deed from Fred W. Jones, et al, to Arroyo Grande
High School District recorded December 30, 1948, in Volume 458 of Official
Records at Page 395 in the office of the County Recorder of San Luis Obispo
County, California.
PARCEL 2:
That property described in the deed from Paul M. Haddox and Hazel E. Haddox
to Arroyo Grande Union High School District recorded September 29, 1984, in
Volume 1317 of Official Records at Page 91 in the office of the County Recorder
of said county.
PARCSL 3:
That property described in the deed from Paul M. Haddox and Haze! E. Haddox
to Arroyo Grande Union High School District recorded March 15, 1965, in
Volume 1341 of Official Records at Page 697 in the office of the County Recorder
of said county.
EXHIBIT 'B-1'
LEGAL DESCRIPTION
A portion of Lot 103, 107, and 108 of the Ranchos Corral de Piedra, Pismo and Bolsa de
Chamisal, in the City of Anoyo Grande, county of San Luis Obispo, State of Califomia,
as shown on map filed in Book A of Maps at page 65 in the office of the county recorder
of said county, described as follows:
A strip of land, 64 feet in width, lying 32 feet on each side of the following described
centerline.
Commencing at a concrete monument set at the most southerly corner of the Jones Tract
shown on map filed in Book 3 of Maps at page 66, records of said county, said point also
being the most northerly comer of property described in deed from Paul Haddox et. uac.
to the Arroyo Grande Union School District recorded in book 1317 of Official Records at
page 91, records of said county; thence South 33° 46' 30" East along the northeast line of
said Arroyo Grande Union School District property a distance of 496.09 feet; said point
also being the beginning of a non-tangent curve concave southerly having a radius of
600.00 feet, radial to said curve bears North 17° 30' 35" West; thence
1) Southwesterly along the azc of said curve through a centtal angle of 16° 15' 08"
and an azc distance of 170.19 feet to a tangent line, thence
2) South 56° 13' S9" West 43238 feet to the beginning of a tangent curve concave
northerly having a radius of 325.00 feet, thence
3) Westerly along the azc of said curve through a central angie of 89° 47' Ol" and an
azc distance of 509.28 feet to a point which is 15.00 feet distant northeasterly, measured
at right angles from the second course of said deed to Arroyo Gtande Union School
District; thence
4) North 33° 59' 00" West pazallel with and distant 15.00 feet northeasterly
(measured at right angles) from the second course of said deed to Arroyo Grande Union
School District a distance of 514.13 feet to an angle point in the centerline of Valley
Road as shown on the map filed in Book 10 of Licensed Surveys at Page 25 of said
county.
Except therefrom the property described in the deed from Johanas Curt Thiele, et wc. to
Edwin M. Taylor et ux. recorded December 21, 1948, in Volume 481 at Page 421 0�
Official Records of said county.
The sidelines of said easement shall be lengthened and or shortened to
other and at property boundaries.
The above described pazcel is graphically shown on Eachibit `B-2' attached
04/21/00 Page 4
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LUCIA MAR UAiIFtED SCHOOL DISTRICT
BOARD OF EDUCA
June 6, 2000
RESOLUTION A-9900-29
RESOLUTION OF THE GOVERNING BOARD OF LUCIA MAR iJrTIFIED SCHOOL DISTRICT
CONSIDERING AN OFFER OF DEDICATION TO THE CITY OF ARROYO GRANDE
WHBREAS, the Governing Board of Lucia Mar UniHed School Dist[icc ("Board")
provides for the educational needs for students in grades K-12 within the Cities of Arrayo
Grande, Grover Beach, and Pismo Beach ("Cities") and the unincorporated are� of San Luis
Obispo County ("County"); and
WHEREAS, Education Code Section 17556 authorizes the Governing Board of any
school district to grant an easement to lay, construct, reconstruct, maintain, and operate water,
sewer, gas, or storm drain pipes of ditches, electric or telephone lines, and emergency access
roads used in conneccion therewith, over and upon any land belonging to the achool district,
upon such terms and conditions as the parties thereto may agree; and
WHEREAS, Education Code Sectiun 17557 gF �gg. requires before ordering the
dedication or conveyance of any property the governing boerd shall in regular open meeting by
a two-thirds vote of all its members adopt a resolution declaring its intention to dedicate or
convey the property. The resolution ahall describe the property proposed to be dedicated or
conveyed in such manner as to identify it, and shall specify the purposes for which and the
tertns upon which it will be dedicated or conveyed, and shall fix a ticne not less than !0 days
,,_ ;t�rest�'fo[�apublic��eeting ofthe gaverning board to be I�IctaC i1�'reg�tlr�pYaCe ofineeeing
for a public hearing upon the question of making the dedication or conveyance; and
WHEREAS, on June 6, 2000, the Governing Board of the Lucia Mar Unified School
District held a public hearing and accepted comments from the public on the said offer of
dedication to the City of Arroyo Grande.
NOW, TEiEREFORE, BE TT RfiSOLVED, the Governing Board of the Lucia Mar Unified
School District grants to the City of Arroyo Grande irrevocable and perpetual offer of dedication
of right-of-way for public water, public sewer, public drainage, publfc utilities and incidental
uses related to said utilities as described in attached offer of dedication dated June 6, 2000.
On the motion of Board Member x„�„i i . seconded by Board Member Ma i i o
and on the following roll call vote, to wit:
AYES: Mr. Howell, Mrs. Mills, Mr. Senna, Mrs. Soto
NOfiS: Mrs. Curtze, Mra. O�Connor
ABSENT: Mrs. Aarvey
the foregoing resolution is hereby adopted.
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='f e�el"�iepv6Y.�1E
Bill Senna, Clerk Pro-Tem
June 6, 2000
Date adopted _ �
END OF DOCUMENT