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Home My WebLink About2011-053617 ' JULIE RODEWALD KT _ - San Luis Obispo Counry—Clerk/Recorder 10/26/2011 RECORDING REQUESTED BY AND Recorded at the request of 1:03 PM WHEN RECORDED RETURN TO: Public CITY OF ARROYO GRANDE D 0 C# : 2011053617 Titles: 1 Pages: $ ENGINEERING DEPARTMENT 300 EAST BRANCH ST. Fees 0.00 ARROYO GRANDE, CA 93420 Othe s 0.00 PAID S0.00 IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC WATER MAIN EASEMENT THIS OFFER TO DEDICATE, made this at0' day of ��q�s+ , 2011, by SPHEAR INVESTMENTS, LLC, a California limited liability company, formerly known as ESJ Centers, LLC, a California limited liability company, of the City of Arroyo Grande, County of � San Luis Obispo, State of California, hereinafter termed Offeror: WHEREAS, said Offeror desires to make an irrevocable and perpetual offer to dedicate an easement for the purposes of a public water main; and, NOW, THEREFORE, For a valuable consideration, the receipt and sufficiency of which is hereby acknowledged, said Offeror covenants and promises as follows: 1. That said Offeror is the owner of the real property described in Exhibit A and shown schematically in Exhibit A-1. � 2. That said Offeror does hereby offer to the City of Arroyo Grande an easement for a public water main along with any appurtenances and incidental uses, over, under, upon and across the following property described in Exhibit B and shown schematically in Exhibit B-1 3. That within said easement, the City shall have the right to install, operate and maintain, repair and replace, and enlarge or decrease the size of the public water main along with any appurtenances and incidental uses. 4. That said Offeror agrees that the easement for the public water main is and shall be binding on their heirs, legatees, successors and assignees. -� - August 1,2011 K:�2311800044-Survey�Legal Exhibits\Water Offer Of Dedication 5-REVISED.doc IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and year first above written. SPHEAR INVESTMENTS, LLC, a California limited liability company, formerly known as ESJ Centers, LLC, a California limi d liability company By: its ✓ S � NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA SS COUNTY OF�Q�n��X'Xx�oo�G ON , 2011, BEFORE ME, C�sk�U G�1 S' . c-t. H R INSERT NAME AND TITLE OF THE OFFICER) PERSONALLY APPEARED G�� n �`4�.� � , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSO )WHOSE NAME(�`) IS/f4RE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGE TO ME THAT HE/SH�HEY EXECUTED THE SAME IN HIS/!-!�°��,-,�:AUTHORIZED CAPACITY(�ES), AND THAT BY HIS/:'r_�rtr�R SIGNATURE(6) ON THE INSTRUMENT THE PERSON(�, OR THE ENTITY UPON BEHALF OF WHICH THE PERSON($)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 AND OFFICIAL SEAL. SIGNATURE � (SEAL) MARV L.HAWKINS Commleefon f 1931384 Not�ry Publlc-Callfornla Santa Barbara County Comm.Ex Ires A r 11,2015+ _2_ � August 1,2011 K:�23118000\4Survey�Legal Exhibits\Water Offer Of Dedication 5-REVISED.doc � � Legal Description Parcel A: . Parcels 1 and 2 of Parcel Map No. AGAL 95-133, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded February 25, 1996 in Book 51, Page 83 of Parcel Maps, in the office of the County Recorder of said County. Except 50% of all the oil, gas and minerals in, on or under the surFace of said land as reserved by A. Doko, a married man as his separate property, in deed recorded July 3, 1957 in Book 989, Page 17 of Official Records, as to a portion of the property previously described as a portion of lots 2 and 3 of La Belle Tract. Except 50% of all oil, gas, minerals and hydrocarbon substances in and under said land, provided, however, that the grantors therein, their heirs or assigns or successors in interest shall not drill for or develop any of such oil, gas, minerals and hydrocarbon substances without the written consent of the grantees therein, their heirs or assigns or successors in interest reserved in the deed from Anton Doko et ux., recorded April 15, 1958 in Book 936, Page 211 � of Official Records as to a portion of the prope'rty previously described as Parcels 1 through 4 of Parcel Map No. AGAL 83-013. Parcel B: Parcel 2 of Parcel Map No. AGAL 98-053, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map recorded July 13, 1998 in Book 53, Page 29 of Parcel Maps, in the office of County Recorder of said County. Except 50% of all the oil, gas and minerals in, on or under the surface of said land as reserved by A. Doko, a married man as his separate property, in deed recorded July 3, 1957 in Book 989, Page 17 of Official Records, as to a portion of the property previously described as a portion of lots 2 and 3 of La Belle Tract. Except 50% of all oil, gas, minerals and hydrocarbon substances in and under said land, provided, however, that the grantors therein, their heirs or assigns or successors in interest shall not drill for or develop any of such oil, gas, minerals and hydrocarbon substances without the written consent of the grantees therein, their heirs or assigns or successors in interest reserved in the deed from Anton Doko et ux., recorded April 15, 1958 in Book 936, Page 211 of Official Records as to a portion of the property previously described as Parcels 1 through 4 of Parcel Map No. AGAL 83-013. Parcel C: An easement for parking, access, drainage and utilities, more fully described in the Reciprocal Easement Agreement, recorder November 13, 1997 as Document No. 1997-064569 of Official Records, over a portion of the following described property: Those portions of Lots 4, 5 and 6 of the La Belle Tract, in the City of Arroyo Grande, County of -3- August 1,2011 K:�23118000�4-Survey�Legal Exhibits\Waler Offer Of Dediption 5-REVISED.doc ' San Luis Obispo, State of California, according to map recorded in Book A, Page 142 of Maps, in the office of the County Recorder of said County, described as follows: Beginning at a 6" x 6" C.H.C. concrete monument on the Northerly right of way line of California State Highway V-SLO-2-E, being distant North 32°16'20" East, 90 feet from engineer's station 20+50.00 for"N" line, as shown on Page 414 to 419 in California State Highway Map Book filed in the San Luis Obispo County Recorder's Office; Thence North 56°17'44" West, 308.63 feet along said right of way line to its intersection with San Luis Obispo County Approach Road right of way line; Thence North 3°56'09" East, 79.37 feet along said County road right of way line; Thence North 57°43'40" West, 36.72 feet along said County road right of way line; Thence North 47°01'41" East, 19.35 feet; Thence North 67°28'11" East, 86.22 feet; Thence North 75°55'41" East, 80.13 feet; Thence South 69°42'19" East, 168.75 feet; Thence North 77°10'11" East, 160.23 feet; Thence North 86°56'11" East, 78.60 feet; Thence North 49°50'41" East, 85.31 feet; Thence North 73°46'11" East, 112.02 feet; Thence South 58°48'54" East, 308.21 feet; . Thence South 26°51'11° West, 580.64 feet to the Northerly right of way line of said California State Highway V-SLO-2-E as conveyed to the State of California by deed recorded November 24, 1954 in Book 780, Page 379 of Official Records; Thence North 58°57'19" West, 532.75 feet along said right of way line of said California State Highway to the point of beginning. Excepting therefrom that portion of said Lot 6 described in the deed to Albe�t A. Browne, and , wife, recorded June 9, 1970 in Book 1568, Page 570 of Official Records. APN: 007-787-001, 007-787-002, 007-787-009, 007-787-010, 007-787-011 -4- August 1,2011 K:�23118000\4Survey�Legal Exhibits\Water Offer Of Dediqtion 5-REVISED.doc PARC�L � A�AL 93-0�3 �3 PM �9 V�'� �A RD PARC�L � Q� A�AL 9�� 33 m J l P1vl c33 Q E m � Q ; PARC�L ] 0 a A�AL 95� � 33 � � � PNJ 83 3 � m N � � EST ` S e m E I' � � � � TN�y W \ m . � z � � 0 0 m � � � � Lx W l0 �I m l� � I�� T � � -( � 0 � SCALE: 1"=200' � Y 200 0 200 400 deslgn profeselonals ` EXH I B IT A-1 clvll englneers.land eurveyors.land planners 1998 senta barbare st.sen luls obispo,ca 93401 SHEET 1 OF 1 ph:6051549�658•emell:eda(dladainc.com �Ob. �10.2.3118.�� = = Legal Description (Public Water Easement) BEING A PORTION OF PARCEL 1 OF PARCEL MAP AGAL 95-133, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN BOOK 51, PAGE 83 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TEN (10) FOOT WIDE STRIP LYING FIVE (5) FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: STRIP A COMMENCING AT POINT"G"AS SHOWN ON EXHIBIT B-1 OF THE DOCUMENT RECORDED FEBRUARY 5, 2008, AS DOCUMENT NO. 2008005668 OF OFFICIAL RECORDS; THENCE ALONG THE CENTERLINE OF STRIP 2 OF SAID DOCUMENT NO. 2008005668, SOUTH 40°58'06" EAST, 2.63 FEET TO THE TRUE POINT OF BEGINNING; THENCE 1) NORTH 45°13'40" EAST, 26.47 FEET; THENCE 2) NORTH 32°47'00" EAST, 78.02 FEET; THENCE 3) NORTH 56°50'36" WEST, 27.08 FEET. SAID STRIP TO BE LENGTHENED OR SHORTENED AS NECESSARY SOUTHWESTERLY TO MEET THE NORTHEASTERLY LINE OF STRIP 2 AND STRiP G OF SAID DOCUMENT NO. 2008005668. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD. THE ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT B-1 ATTACHED HERETO AND MADE A PART HEREOF -s- August 1,2011 K:�23118000\4-Survey�Legal Exhibils\Water Offer Of Dedication 5-REVISED.doc ' 'STRIP B COMMENCING AT POINT"G"AS SHOWN ON EXHIBIT B-1 OF THE DOCUMENT RECORDED FEBRUARY 5, 2008, AS DOCUMENT NO. 2008005668 OF OFFICIAL RECORDS; THENCE ALONG THE CENTERLINE OF STRIP 2 OF SAID DOCUMENT NO. 2008005668, SOUTH 40°58'06" EAST, 21.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 49°01'S4" EAST, 30.89 FEET SAID STRIP TO BE LENGTHENED OR SHORTENED AS NECESSARY SOUTHWESTERLY TO MEET THE NORTHEASTERLY LINE OF STRIP 2 OF SAID DOCUMENT NO. 2008005668. SUBJECT TO COVENANTS, CONDITIONS, RESERVATIONS, RIGHTS OF WAY AND EASEMENTS, IF ANY, OF RECORD. THE ABOVE DESCRIBED LAND IS GRAPHICALLY SHOWN ON EXHIBIT B-1 ATTACHED HERETO ND MADE A PART HEREOF __ �p�A ND S�� • � � ��5 �� RE��y� �� . Re' har , P.L.S. 5693 (EXP. 9/30/2011) � � 'Ao o -1 a -+ � Lic. No.5693 * Expires 9/3Ql11 * �� Q' � r��FCAI.\F� -7- August 1,2011 K:�23118000\4-Survey�Legal Exhibits\Water Offer Of Dedication 5-REVISED.doc .� i � �:�. � � �'5��. w\Q' s s��-:::..� v'` '�(��''Q/p ��-�:,.�;:::'� SO•'.:.,,� �� C�. ��-?�0�S�G�%:�:�. cF �:�:��::::..:.::... . . . . 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QJ E POINT OF COMMENCEMENT �.�Q' �;_.:.��0__..:_:..:�: N I � ``;,'r!C.„-:::,.::.;;! w � /� d'��9 \� �:..:�`r`.�..:..:�°::J ` / \ �Oo"' ,f 00�.�:::-�::;i:� m � 0' `:•'�0.....:;:_.::;ir � "'O��O � .:�.:�=�:�.i' o �,6', TRUE POINT OF BEGINNING STRIP B o � °° �� '��'"�l � � i N L � �—STRIP 2 OF DOC. NO. 2008005668 � I � � m � PARC�L � � � � � I s I ► AGAL 95— l 33 ° SCALE: 1"=20' � � J � P jyf �3 � � I Y 20 0 20 40 � I design professlonels EXHIBIT B-1 cNll engineers.land surveyore•land planners 1998 sente barbare st.sen luls oblspo,ca 93401 SHEET 1 OF 1 pA:BOS1549�658•emall:edaQedalnc.com job. no.2.3118.100 EiVO OF DOCUPAE�IT