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HomeMy WebLinkAbout2011-053618 JULIE RODEWA�p Kr San Luis Obispo County—Clerk/Recorder Recorded al ihe reques�ot ���26�2011 RECORDING REQUESTED BY AND PubIIC 1:03 PM , WH�N RECORDED RETURN TO: �o c a: 2011053618 T�cies: � Pages: 8 CITY OF ARROYO GRANDE ENGINEERING DEPARTMENT� 300 EAST BRANCH ST. Fees 0.00 ARROYO GRANDE, CA 93420 Taxes 0.00 Others 0.00 _ PAID � IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE PUBLIC WATER MAIN EASEMENT THIS OFFER TO DEDICATE, made this �� day of A�q vst" , 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. 1 � • 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, LC, a California limited liability company By: � ��e�►n�t� � St a�9�-� ACKN LEDGMENT State of California ss County of£�-tais'@tri�po On , 201�S�re me, � �'i S , personally a peared O�u �n. an ------ personally known to me (or proved to me on th asis of satisfactory evidence) to be the person(� whose name(� is/afe subscribed to the within instrument and acknowledged to me that he/sbef�hey executed the same in his/her�k+eir authorized capaciry(ies), and that by his/heFf�i�ir signature(�j on the instrument the person(�), or the entity upon behalf of which the person(3) acted, executed the instrument. Witness my hand and o�cial seal. MARY L.HAWKINS Commlaslon I 1931384 � Notery PuDllc-Californle D Sente 8arbara County M Comm.Ex Ires A r 11.2015+ 2 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 property 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: 3 � Tftose portions of Lots 4, 5 and 6 of the La Belle Tract, in the City of Arroyo Grande, County of 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 uN" 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 Counry 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 S#ate 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 Albert 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 PARC�I � A�AL 93-0�3 � �3 PM �9 V�'� �A R� PARC�L � Q� A�AL 9�� � 33 m � � P� a3 Q E m � Q � PARC�L l 0 a A�,L 9J— l 33 m 5l PM 33 ; � m N G� � FST � m m ST,� ,�'q�c, � w �. y\ m � � m 3 °o � M � � a � m 1� � � Z � s 0 � SCALE: 1"=200' � Y 200 0 200 400 aeslgn professlonels EXH I B IT A-1 civll engineere.land suneyors.land planners 7998 sante berbare st.6a�i�ie on��,� esao� SHEET 1 OF 1 ph:805I549-0658•emall:eda�edalnc.com �Ob. �10.Z.3��8.��� = = 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 THE NORTHEASTERLY CORNER OF SAID PARCEL 1 AS EVIDENCED BY A 1" IRON PIPE TAGGED "LS 3671" AS SHOWN ON SAID MAP, ALSO BEING A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF VIA VAQUERO, A SIXTY (60) FOOT WIDE ROAD, AT THE NORTHERLY TERMINUS OF THE NORTHEASTERLY MOST LOT LINE BEARING N08°37'33"W 194.23 FEET(THE SAME COURSE SHOWN AS N08°37'15"W 194.20 FEET ON SAID MAP); THENCE SOUTH 28°24'55" WEST 167.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE 1. NORTH 84°14'22" WEST, 12.64 FEET; THENCE 2. SOUTH 05°45'38" WEST, 42.31 FEET THENCE 3. NORTH 84°14'22" WEST, 83.44 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 1000.00 FEET; THENCE 4. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°25'07", AND ARC DISTANCE OF 7.31 FEET A POINT HEREINAFTER CALLED °POINT A°; THENCE CONTINUING � 5. WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°36'14", AND ARC DISTANCE OF 62.90 FEET; THENCE 6. NORTH 80°13'00" WEST, 75.91 FEET; THENCE 7. NORTH 57°13'00° WEST, 13.02'. STRIP B BEGINNING AT THE ABOVE DESCRIBED POINT A; THENCE -s- August 2,2011 K•�23118000\4Survey�Legal Exhibits\Water Offer Of Dedication 4-REVISED doc • ' 1.' SOUTH 05°45'38" WEST, 30.83 FEET TO A POINT HEREINAFTER CALLED "POINT B"; THENCE CONTINUING 2. SOUTH 05°45'38" WEST, 147.94 FEET; THENCE 3. SOUTH 52°18'03" WEST, 84.66 FEET. STRIP C BEGINNING AT THE ABOVE DESCRIBED POINT B; THENCE NORTH 84°14'22" WEST, 32.36 FEET. 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 �p �ANOS�� ��5 1r�,RE�Cy'9 F,� J � �' ' �� � �� -' a �� � Paul . Reichardt, .L.S. 5693 (EXP. 09/30/2011) Lic. No.5693 � Expires 9/30/11 � � ��� 9�F�FCA��F�� - -�- Augusl2,2011 ' K:�23118000\4-Survey�Legal Exhibits\Water Offer Of Dedication 4-REVISED.doc � . . 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