The URL can be used to link to this page

Home My WebLink About2023-028594 2023028594 Elaina Cano San Luis Obispo - County Clerk-Recorder 09/28/2023 03:07 PM Recorded at the request of Complimentary Recording Requested PUBLIC Titles: 2 Pages: 7 Pursuant to Government Code Sections Fees: $0.00 6103 and 27383 Total: 0.00 RECORDING REQUESTED BY 111110".EPPleglarli 111 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 Irrevocable and Perpetual Offer to Dedicate dated August 19, 2023, from BRIAN MARSLAND REVOCABLE TRUST and KAREN MIALE REVOCABLE TRUST, to the CITY OF ARROYO GRANDE, a municipal corporation, is hereby accepted by the Mayor in accordance with City Council action on the 12th day of September, 2023, for public right of way of the frontage of 191 Tally Ho Road, and the Grantee consents to recordation thereof. Dated: q/12-4 2-02. CITY OF ARROYO GRANDE: _ P / By rt fCADA, RA OM, MAYOR aJ ATTEST: ii , r,= • 'I. `` }.. +' fig;;:' .:,'t cIa_4,..te_ JESSICA MATS.OI`h I RK.'`' ;.".h rr, ,,ttom � y.,c _ 'i. . .ter''*. -.'��+�.-" 4 31,, �'j�' �� • :4- + i k': rhs.' F w3 ti ..;.y>i-..,k�� y.V c{ . rt , .`-- �r •4ae a• ; is Recording Requested by and Upon Recordation,Please Return to: City of Arroyo Grande 300 E.Branch Street Arroyo Grande, CA 93420 ATTN: City Clerk GOVERNMENT AGENCY --This Space for Recorder's Use Only-- PORTION OF ASSESSOR'S PARCEL NO 077-022-005 EXEMPT FROM RECORDING FEES(GOVT CODE§27283) EXEMPT FROM DOCUMENTARY TRANSFER TAX ✓ (R&T CODE§11922) IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE (Right-of-Way) THIS IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE is made this J2 day of emiefz023, by Brian Marsland, individually and as trustee for the Brian Marsland Revocable Trust, dated March 9, 2020 and Karen Miale, individually and as trustee for the Karen Miale Revocable Trust, dated March 9, 2020, hereinafter termed Offerors. FOR GOOD AND VALUABLE CONSIDERATION, Offerors covenant and promise as follows: 1. That said Offerors are the sole owners of the real property commonly referred to as 191 Tally Ho,Arroyo Grande, California, and as more particularly described in Exhibit"A" attached hereto and incorporated herein by this reference. 2. That said Offerors do hereby irrevocably and in perpetuity offer to the City of Arroyo Grande ("City") an easement for a public right of way, in, over, upon, across and under that portion of certain real property located in the City of Arroyo Grande, County of San Luis Obispo, as more particularly described in Exhibit"B"and depicted in Exhibit"C", both of which are attached hereto and incorporated herein by this reference. 3. That said Offerors have reviewed and agreed to the City's plans for improvements in the public right of way, dated on or about August 10, 2023, and that Offerors make this dedication based on City's agreement to construct the retaining wall as set forth in said plans. Subject to the foregoing, Offerors agree and acknowledge that this offer of ' dedication provides the City with the right to install,maintain, repair, and replace any and all public right of way improvements City deems necessary, in its sole and absolute discretion. 4. Said easement offered herein shall be non-exclusive and in gross. Provided, however, the easement rights offered to the City shall be paramount and superior to the rights of Offerors and all other persons and entities. 5. That said Offerors agree that said offer of dedication set forth herein shall be irrevocable and shall only be effective upon the City Council, or its authorized designee, accepting the dedication by appropriate action, which may occur at any time following execution of said offer of dedication. 6. That said Offerors agree that this irrevocable and perpetual offer to dedicate is and shall be binding on their heirs, legatees, successors and assigns. GRANTORS: Brian Marsland Individually as Trustee for The Brian Marsland Revocable Trust, dated ch 9, 2020 Karen Mia e Individually and as trustee for The Karen Miale Revocable Trust, dated March 9, 2020 Refer to attached Notary Certificate 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 A.. � ,� 4 ) ) ss: COUNTY OF C.VrYa' On 0g4 2:3, 202 before me, '2 /9 Igit 4 A_ ~ v2 iefi2 ate L (insert name and title of the officer), t(A 'Y ` ° �/ Y�tat personally appeared K f� P �k� a 1-P 6yeal , 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. WITNESS my hand an. official seal. Notary Pu - RIAR Notary Publiclic-California - Orange County Signature: 11:-c2reitc Commission#2421465 r --�1 ` My Comm.Expires Oct t 5,2026 [Seal] EXHIBIT A LEGAL DESCRIPTION Real property in the City of Arroyo Grande, County of San Luis Obispo,State of California,described as follows: THAT PORTION OF LOT 26 OF THE RESUBDIVISION OF PART OF THE RANCHOS CORRAL DE PIEDRA, PISMO AND BOLSA DE CHEMISAL SURVEYED R.P. HARRIS IN NOVEMBER 1885, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,ACCORDING TO MAP FILED FOR RECORD NOVEMBER 24, 1886, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF THE PROPERTY CONVEYED TO WILBER D. HARKNESS, ET UX, BY DEED DATED MARCH 14, 1946 AND RECORDED APRIL 12, 1946 IN BOOK 399, PAGE 241 OF OFFICIAL RECORDS.SAID POINT ALSO BEING THE NORTHWESTERLY LINE OF A COUNTY ROAD 40 FEET IN WIDTH,AS SAID ROAD IS SHOWN ON MAP RECORDED AUGUST 23, 1940 IN BOOK 2, PAGE 64 OF RECORD OF SURVEYS.THENCE SOUTH 37°36'WEST ALONG THE NORTHWESTERLY LINE OF SAID COUNTY ROAD,200 FEET TO THE TRUE POINT OF BEGINNING.THENCE NORTH 55°31'WEST, 158.00 FEET TO A POINT.THENCE NORTH 37°36' EAST, 60.00 FEET TO A POINT.THENCE SOUTH 55°31' EAST, 158.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF COUNTY ROAD,AS AFORESAID. THENCE SOUTH 37°36'WEST ALONG SAID NORTHWESTERLY LINE,60.00 FEET TO THE TRUE POINT OF BEGINNING. APN 077-022-005 EXHIBIT "B " PARCEL 1 I PARCEL A 31 PM 40 25 PM 96 - - - I S3T36'W 60.00' S37'36'W 60.00 — I PARCEL 3 44 PM 22 _ _ 191 TALLY HO RD 195 TALLY HO RD ill 1530 OR 533 1571 OR 68I PARCEL 2 1598 OR 406 31 PM 40 ;, b o — - o ozi rn 3 3 " �I4n :- 17) toin �I M Z Z I I Z I I PARCEL 2 44 PM 22 EXIST R/W 1_PROPOSED R/W OFFER in ;.) N3736'E 60.00' I / PER 31 0 o o R W EXIST R/W PM 40 c o — _ N�• 4N S3T36'W 60.00' o i i o OFFER EXIST R `- S3T36'W 60.00' S3T36'W-60_0 I' i o PER 44 TPOB /W EXIST R/yy�`----- Q__-- Cs-1 L'" _22 ______ f_b S3736'W 200.00' — _ _ _ POB -- TALLY HO ROAD I1(al i W ,,pip41 LAND o_ 20 40 80 � �PM L,pFo OFFER OF DEDICATION .� " .4.... VV �° OF A PORTION OF 1530 OR 533 IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LEGEND * LS 1035 * LUIS OBISPO, STATE OF CALIFORNIA POB POINT OF BEGINNING TPOB TRUE POINT OF BEGINNING tpf,�l 00 R/W RIGHT OF WAY tOFCA011 GARING, TAYLOR &ASSOCIATES, INC. CIVIL ENGINEERS • SURVEYORS • PLANNERS 141SOUTHEIMSTREET•ARROYOGRANDE,CA93410 (805)489.1311 EXHIBIT C Legal Description That portion of Lot 26 of the Resubdivision of Part of The Ranchos Corral De Piedra, Pismo and Bolsa De Chemisal surveyed by R.P. Harris in November 1885, in the City of Arroyo Grande, County of San Luis Obispo, State of California according to the map filed for recording November 24, 1886, in the Office of the County Recorder of said County, being a portion of the property conveyed to William F.Vickery and Dorothy M. Vickery by deed recorded September 10, 1969 in Book 1530 at Page 533 of Official Records on file in said County Recorder's Office more particularly described as follows: Beginning at the most:easterly corner of the property conveyed to Wilber D. Harkness, ET UX, by deed dated March 14, 1946 and recorded April 12, 1946 in Book 399 at Page 241 of Official Records, said point also being on the Northwesterly line of a County Road 40 feet in width, (now known as Tally Ho Road), as said road is shown on the map recorded August 23, 1940 in Book 2 at Page 64 of Records of Surveys; thence South 37°36' West along the Northwesterly line of said 40.00 foot County Road, 200.00 feet to the True Point Of Beginning,said point being the True Point Of Beginning of said deed recorded in Book 1530 at Page 533; thence along the westerly line of said deed, North 55°31' West 20.03 feet to a point; thence leaving said westerly line along a line 20.00 feet northwesterly of and parallel with the Northwesterly line of said 40.00 foot County Road, North 37°36' East 60.00 feet to a point on the easterly line of said deed; thence along said easterly line South 55°31' West 20.03 feet to a point on the Northwesterly line of said 40.00 foot County Road; thence along said Northwesterly line South 37°36' West 60.00 feet to the True point of Beginning. As shown on Exhibit "B"attached hereto and made a part hereof. (f), XJCci►.. //4 0 LAND SUS William L. Rebik, LS 7035 Date 7/19/23 * LS 7035 Expiration Date: 9-30-24 s 'teOF cAL�F�� END OF DOCUMENT