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HomeMy WebLinkAbout2019-032865 2019032865 Tomm.1; San LuisonObispo - County Clerk-Recorder 2`; , 08/12/2019 04:04 PM Recorded at the request of RECORDING REQUESTED BY 1PUBLIC WHEN RECORDED RETURN TO: _ Titles: 1 ff Pages: 6 Fees: $0.00 Taxes: $0.00 City Clerk Total: $0.00 City of Arroyo Grande , , ,., IIIIIMNS5Miiht111111 , , .. . 300 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY ' NO RECORDING FEE-PUBLIC AGENCY-GC 6103 APNs 007-771-053 and 007-771-062 - , IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE AN EASEMENT FOR CREEKSETBACK PURPOSES For Valuable Consideration,the receipt and sufficiency of whichare hereby acknowledged, , Sheppel Arroyo Grande, LLC, a California limited liability company(hereinafter referred to as "Offeror") covenants and promises to the City-of Arroyo Grande (hereinafter referred to as "Offeree") as follows: - . 1. That said Offeror is the sole owner of the property located in the City of Arroyo Grande, California (the "Property'.'),.as described as follows:' _ Parcel A of Parcel Map AG 79-838, in the City of Arroyo Grande,,County of San Luis Obispo,` State of California,according to map recorded Janua`ry'29, t982 in 6°61(31, Page 47 of Parcel Maps on file in the office of said County Recorder and Parcel 3 of Parcel Map AG 85-35, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded June 25,1982 in Book 32, Page-31 of Parcel Maps on file in"`theoffice of said County Recorder. 2. That said Offeror does hereby irrevocably and-in perpettit'y_offer`'to the Offeree an . easement for creek setback purposes, in, on,'over, under,across and along the Property as described and depicted on'Exhibits"A" arid"B," attached hereto and incorporated herein by this reference. . 3. That Offeror agrees to-comply with City of Arroyo Grande Municipal Code section , ' 16.44.050.(D) "General Provisions for Creek Protection" and the specific conditions in Arroyo Grande City Council'Resolution 4651,adopted March 25, 2015, related to said creek setback easement.- 4. That.said ease'rrient offered herein shall be non-exclusive and in gross. Provided, however, the easement rights offered-to'Offeree shall be paramount and superior to the rights of- Offeror and all other persons arid entities. . .; f 5. That said Offeror agrees that said offer of dedication set forth herein shall be irrevocable 1 , and that Offeree may, at any time in the future, accept said offer of dedication. • 6. That said Offeror agrees that this irrevocable and perpetual offer to dedicate isand shaft be binding on his heirs, legatees, successors and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Offer to Dedicate as of the day and year written below. Offeror: Sheppr:rroyo Grande L , -. . .,ornia li, ited iability company / X By:The 7a eliiving st dat-d May 12, 1995, as amended FBO - _ ' - R: ell M. Sheppel' , , ' , ���� Its:_Managing Member -• - . ' ' , Date: `JvLy c2 / '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 ofSam-L -Obtspo SAnfa p`kirc ' On ,)(.4,(9 23. - Olq before me, L IDA. MALI-Iora4 i ti(o'r�4-iy ' . (insert name and title of the officer) 11�I personally appeared 3USS-e, 'A. Showa.( ',--, . who proved to me on the basis of satisfactory evidence to be the per on(s).whose names) is are su•-. ibed to the within instrument and acknowledged to me that e he/they executed the same i er/their authorized capacity(ies), and that by IS l er/their signature(s)on the instrument the person(s);or the entity upon,behalf of which,the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of f California that the foregoing paragraph is true and correct. I� iwtL. II\COMM.#2133581. 7;:'_ :---<-: ''':.,_ _ - ,,, - 01i ,,4 g;w NOTARY PUBLIC-CALIFORNIAGt _ WITNESS my hand and".officia l._seal:::``: g�, COMM.EXPIRES DEC.7,2 COUNTY,"SANTA BARBARA r Signature / IPA�, (Seal) I EXHIBIT "A" Environmental Setback Area APNs 007-771-053&007-771-062 Located in the City of Arroyo Grande,County of San Luis Obispo,State of California and being those portions of Parcel A of Parcel Map No.AG 79-838 per map filed January 29, 1982 in Book 31 of Parcel Maps at Page 47 in the office of the County Recorder of said County,and Parcel 3 of Parcel Map AG 82-35 per map filed June 25, 1982 in Book 32 of Parcel Maps at Page 31 in the office of the said County Recorder,lying easterly of the following described line: - - - - -- — - - Beginning at a point in the easterly line of said Parcel A,distant North 20°14'14"East 404.87 feet from the southeast corner of said Parcel 3,thence the following courses: ' 1) 'South 24°1271"West 80.84 feet; 2) South 28°13'11"West 15.45 feet; 3) South 13°08'01"West 12.10 feet; 4) South 24°14'17"West 58.05 feet; 5) South 26°23'22"West 50.96 feet; 6)' South 19°46'38"West 40.41 feet; 7) South 29°32'27"West 13.20 feet; • 8) South 18°30'17"West 10.25 feet; 9) South 2°06'31"East 9.66 feet; 10) South 22°25'09"West 75.47 feet; 11) South 35°59'07"West 13.00 feet;and 12) South 10°08'54"West 29.07 feet,more or less,to a point in the southerly line of said Parcel 3,said point being North 72°50'21"West 14.92 feet from the southeast corner of said Parcel 3. Containing:4,565 square feet,more or less - --- -- • LAND' 5��4 Legal Description prepared by 6' 6- 1,4 Fo or under a supervision of: 73 • 9T N0..8356i �� 1 - of GAO Cristi E.Fry,LS 8356/931 pi, Page 1 of 1 a-31 Jobs t2015 All J6bs115446-Meadow Creel-:(Civil)-PBC 15446 Meadowereek Survevgegal descriptions',L'n\-iron,-nentalEasement legal descriptiondocx 9. 1 JAMES WAYt N N ' N72'47'52"W • \ SETBACK UNE TABLE P.O.B. , . . - Line # Direction•, Length L1 ` S 2472'21" W 80.84' L1 .4L2, :S 287371"' W , 15.45' I L3 S 13178'01" W 12.10' Al I L4 S 2474'17" W 58.05' �'. 4 11 11,0 L". y . L5 -' S 2623'22"'W 50.96' Pd, - L6 , S 1946'38" W 40.41' SCALE: 1" =60' L3--'1- L7, • S 29'32'27" W 13.20' L4— L8 •S 18:30:17" W 10.25' T X11 L9 : S 2'76'31" E 9.66' I ENVIRONMENTAL L10 S 22'25'09" W 75.47' SETBACK AREA L11 S 35'59'07" W 13.00' L 1 L12 S 10'78'54" W 29.07' L6-1 o L7 , 2 X dt 11 11 1 9prk( pi 31\1113 L9-11 0 L107----1ANDDRAINNG AGE EASEMENT TO LOT 5, TRACT 604 1 PER 2223 OR 968 I I f At ' I I ..-1 VP' L11-7 14.92') I } L12-1, All I N72 50'21"W �� eO �1 ►, EXHIBIT "B" pal (,,I�. 0 ENVIRONMENTAL SETBACK.EASEMENT APNs 007-771-053 & 007-771-062 NOTE: 1. BOUNDARY INFORMATION SHOWN HEREON IS COMPILED Ashlevailance FROM RECORD INFORMATION PER 31 PM 47& 53 PM 41. ENGINEERING, INC. f CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the dedication of an easement for creek setback purposes dated July 23, 2019, from SHEPPEL ARROYO GRANDE, LLC, to the CITY OF ARROYO GRANDE, a municipal corporation, is hereby accepted by the Mayor 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 Grantee consents to recordation thereof. Dated: 7/31/19 CITY OF ROY) GRANDE: By CAREN RA t SSOM, MAYOR le: ATTEST: Ast Amp114 cum- i' /tl�� 0A0t1 l KELL TMORE, CITY CLERK -,11411111111 -- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 '--\kX 00-1 SQO J} On AsAA51.1,5+" l ZD 19 before me, S,2S51 Cq rc c sD`nl `''_ P )IG; - - Date Here Insert Name and Title of of the icer personally appeared C'r'en filtAssorn Name(s)of Signer(s) who 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 capacity(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. - I certify under PENALTY OF PERJURY under the o , JESSICA MATSON laws of the State of California that the foregoing z ;: a' NotaryPub1 -California = paragraph is true and correct. San Luis Obispo County >; = moi_ f.* Commission M 2235261 . ' "� My Comm.Expires Mar 22,2022 WITNESS my hand and official seal. Signature(C'7 . -& ) A wc� Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or - -fraudulent reattachment of this form to an unintended document. Description of Attached Document ,�f g,, Title or Type of Document: i Yagej 1 j' ' G{i�1 & al I Yp ) rc\ef lt- O(C( '- • K Lt�t PO Document Date: -in fqNumber of Pages: .- Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer-Title(s): 0 Corporate Officer-Title(s): ❑ Partner- ❑ Limited 0 General 0 Partner- 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact ❑ Trustee 0 Guardian of Conservator 0 Trustee 0 Guardian of Conservator ❑ Other: 0 Other: Signer is Representing: Signer is Representing: ©2017 National Notary Association END OF DOCUMENT