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Home My WebLink About2023-028593 2023028593 Elaina Cano San Luis Obispo - County Clerk-Recorder 09/28/2023 03:07 PM Complimentary Recording Requested PUBLICd at the request of Pursuant to Government Code Sections Titles: 2 Pages: 8 6103 and 27383 Fees: $0.00 Taxes: $0.00.00 Total. 0 RECORDING REQUESTED BY 1111��IC�� ,��r�1��lIIII AND WHEN RECORDED RETURN TO: CITY CLERK CITY OF ARROYO GRANDE 300 E. BRANCH STREET ARROYO GRANDE CA 93420 , CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the execution of the Grant of Easement for Public Utility Purposes dated September 24, 2019, from GREG COTTRELL, RUGGED RADIO, to the CITY OF ARROYO GRANDE, a municipal corporation, is hereby accepted by the Mayor in accordance with Resolution No. 5324, adopted by City Council on the 12th day of September, 2023, for public improvements for phased commercial development of approximately 28,000 square feet of office, warehouse, and café at Rugged Radios, Subarea 1 — E. Cherry Avenue Specific Plan, and the Grantee consents to recordation thereof. • Dated: CII 121 —07 3 • CITY OF ARROYO GRANDE: By 411 CAREN RA) RUS •OM, MAYOR ATTEST: ,,s4'0 A�bIA 9 y c aIs dIP /, JESSICA MATSOO'N;;G.I-T.;S( CLER "'"'" '3k; •mss ��-'_;:-:.i"Y!<;..=i:iTy;•�,;�w}.i' RESOLUTION NO. 5324 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ACCEPTING EASEMENTS AND PUBLIC IMPROVEMENTS FOR CUP 18-003, PHASED COMMERCIAL DEVELOPMENT OF APPROXIMATELY 28,000 SQUARE FEET OF OFFICE, WAREHOUSE, AND CAFÉ; LOCATION—SUBAREA 1 — EAST CHERRY AVENUE SPECIFIC PLAN WHEREAS, the City Council approved the East Cherry Avenue Specific Plan Project which included a subarea for commercial development on January 10, 2017; and WHEREAS, the project was conditioned to complete certain public improvements pursuant to City Council Resolution No. 4771 adopted on January 10, 2017; and WHEREAS, the developer has constructed and completed the improvements required by the conditions of approval for the East Cherry Avenue Specific Plan and Conditional Use Permit (CUP) 18-003; and r WHEREAS, City staff inspected the improvements on August 7, 2023 and find they are t constructed in accordance with the approved plans for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arroyo Grande, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The grant of easement for public utility purposes from One Flat Cat, LLC is accepted. 3. Public improvements for subarea 1 of the East Cherry Avenue Specific Plan Project located on the southeast corner of East Cherry Avenue and Traffic Way including public utility connections, water lines, fire hydrants, sewer mains, sewer maintenance holes, curbs, gutters, drive approaches, sidewalks, paving and striping of streets, are accepted. On motion of Council Member Bameich, seconded by Council Member Guthrie, and on the following roll call vote, to wit: AYES: Council Members Bameich, Guthrie, Secrest, George, and Mayor Ray Russom NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 12th day of September, 2023. RESOLUTION NO. 53rd'1 PAGE 2 i) 1A / CAREN RAY RU • , MAYOR ATTEST: . J ` SICA MATSON, CITY CLERK APPROVED AS TO CONTENT: BILL ROBESON, INTERIM CITY MANAGER APPROVED AS TO FORM: ISAA ;%SE Cao A ORNEY OFFICIAL CERTIFICATION I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached Resolution No. 5324 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 12th day of September, 2023. r WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 14"' day of September, 2023. SSICA MATSON, CITY CLERK Li RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF ARROYO GRANDE Attn:City Clerk 300 EAST BRANCH STREET ARROYO GRANDE, CA 93420 No Fee Per Government Code 6103 (Space above this line for Recorder's use only) GRANT OF EASEMENT FOR PUBLIC UTILITY PURPOSES For valuable consideration, receipt of which is hereby acknowledged, One Flat Cat, LLC,A California Limited Liability Company, the undersigned owner(s) (hereinafter referred to as "Grantor") of record of real property located in the City of Arroyo Grande, County of San Luis Obispo, State of California hereby dedicate to the City of Arroyo Grande, a municipal corporation, within the County of San Luis Obispo, State of California, and its successors and assigns (hereinafter referred to as "Grantee"), a perpetual easement for public utility purposes, and those appurtenances and uses commonly associated therewith, in, on, over, under, across and along that certain real property described and depicted on Exhibits "A" and "B," attached hereto and made a part hereof by this reference. Grantor agrees for itself, its,heirs and assigns, not to erect, place or maintain, nor to permit the erection, placement or maintenance of any building, planter boxes, deep rooting trees, earth fill or other structures including walls or fences with continuous footings on the described real property. Grantee, and its contractors, agents and employees shall have the right to trim or cut tree roots as may endanger or interfere with said easement and utilities and shall have free access to said easement and utilities and every part thereof, at all times, for the purpose of exercising the rights herein granted; provided, however,that in making any excavation on said property of the Grantor, the Grantee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation, and shall replace the earth so removed by it and restore the surface of the ground to as near the same condition as it was prior to such excavation as is practicable. Gra_imin .. '117r ' (-/7 Ow -r Signature Date Owner Signature Date i� Print Name &Title Print Name &Title 1 - 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 of San Luis Obispo On before me, -1-D I CA q f r\crk\ .A SXO\\C. (insert name and title of the officer) personally appeared Zvvtal c v(L\\ 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 laws of the State of California that the foregoing paragraph is true and correct. �iASHLEY TOSTE WITNESS my hand and official seal. COMM. #2280329 LI)M CComm,E i.fires Mar:10,2023' Signature (Seal) EXHIBIT "A" LEGAL DESCRIPTION OF PUBLIC UTILITY EASEMENT APN'S 007-621-076 & 007-621-078 Those portions of Lots A and C as described in the document entitled "Certificate of Compliance for Lot Line Adjustment" recorded May 24,2010 as Document Number 2010023952, also shown on the Record of Survey recorded April 22,2019 in Book 118 at page 95 of Records of Survey,filed in the Office of the County Recorder, County of San Luis Obispo, State of California, and being a 15.00 foot wide strip of land,7.50 feet on each side of the following described centerline:: Commencing at the most Easterly corner of said Lot C; Thence North 33°23'56" West, along the Easterly line of said Lot C, a distance of 133.28 feet to the True Point of Beginning; Thence,leaving said Easterly line South 57°01'20" West,a distance of 389.35 feet to the Westerly line of said Lot A. Said strip containing approximately 5840 square feet and shown on the attached Exhibit tiBil. ,e‘ D$$9`F . End of Description • EfAFP ,•� i► Eq,12190) Pg q No.7929 �Z 08/29/2019 EXHIBIT "B" PLAT OF PUBLIC UTILITY EASEMENT APN'S 007-621-076& 007-621-078 12 0 Z 0 ^ Oc. �Z f UOp - 1-P ,O� 0 , �p gyp• 0^ t 000• Qr'0"/ '�9- ,.- 0 P , :�%,;s Ot 0 S .•\.< i ;, t);' �;' 7 it tQQ''OG. Cs 4 7 \ _0 NO SCALE END OF DOCUMENT