R 4581 RESOLUTION NO. 4581
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING AN OFFER OF
DEDICATION FOR A WATER LINE EASEMENT AND
AUTHORIZING THE MAYOR TO EXECUTE A
CORRECTION QUITCLAIM DEED
WHEREAS, a water line located on the Arroyo Grande Hospital property, 345 South
Halcyon, Arroyo Grande, CA (the "Property") was relocated in 2011 in order to allow for
certain construction to take place on the Property; and
WHEREAS, in order to perfect title to the relocated water line, on or about June 22,
2011, the City executed a Quitclaim Deed releasing its interest in the former location of
the water line and accepted an Offer of Dedication for the new location; and
WHEREAS, City staff has reviewed the 2011 Quitclaim Deed and Offer of Dedication
and has determined that the Property owner was incorrectly referenced; and
WHEREAS, in order to correct this error, a Correction Quitclaim Deed and new Offer of
Dedication with the correct property owner's name has been prepared.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby accept the Irrevocable and Perpetual Offer to Dedicate attached
hereto as Exhibit "A".
BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande does
hereby authorize the Mayor to execute the Correction Quitclaim Deed attached hereto
as Exhibit "B".
On motion by Council Member Barneich, seconded by Council Member Costello, and
on the following roll call vote, to wit:
AYES: Council Members Barneich, Costello, Brown, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of May, 2014.
RESOLUTION NO. 1/58I
PAGE 2
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TONY 'A ' • RA, MAYOR
ATTEST:
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KELLY WET "ORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
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TIMOTHY J. CARMEL, CITY ATTORNEY
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EXHIBIT A
RECORDING REQUESTED BY:
WHEN°RECORDED MAIL TO:
City of Arroyo Grande
Attn: City Clerk
µ 300 E. Branch Street
Arroyo Grande,CA 93240
(This Space For Recorder's Use Only)
Fee Exempt per GC Sections 6103 and 27383
CORRECTION QUITCLAIM DEED
"This quitclaim deed is being recorded to correct a scrivener's error contained in the quitclaim
deed recorded on June 27, 2011 as Instrument No. 2011030302 in San Luis Obispo County
Records."-
FOR A VALUABLE CONSIDERATION,the receipt of which is hereby acknowledged,
CITY OF ARROYO GRANDE, a Municipal Corporation organized under the laws of the State
of California, ("Grantor"),does hereby remise,release and quitclaim to San Luis Obispo
Physician's Health Alliance,LLC; a California limited liability company("Grantee"),a
waterline easement over the real property located in the City of Arroyo Grande,County of San
Luis Obispo, State of California, as more particularly described as:
A portion of Parcel 1 of Parcel Map AG-89-423,in the City of Arroyo Grande,County of San
Luis Obispo, State of California,as shown on Map recorded in Book 47 of Parcel Maps, at Page
,54'in the Office of the County Recorder of said County included within a strip of land, 15.00,feet
wide, lying.7.50 feet on each side of the following described line.
Commencing at the southeast corner of said Parcel 1, said corner being on the northerly right of
way of Fair Oaks Avenue and common to Parcel 2 of said Parcel Map; thence along said
northerly right-of-way of Fair Oaks Avenue South 89 34' 00"West 102.27 feet to the centerline
of an existing 15.00 foot wide water line easement per said Parcel Map; thence along said
centerline North 00 25'32"West 139.06 feet to the True Point of Beginning;thence North 00
25'32"West 157.72 feet to a point on the southerly line of the existing 15.00 foot wide water
line easement.
The sidelines of the above described strip are to be prolonged or shortened so as to being and
terminate,on their respective sidelines of the existing 15.00 foot wide water line easement and
the Point of Terminus.
The above described property is graphically shown on attached Exhibit"A"incorporated herein
by reference.
[SIGNATURES ON FOLLOWING PAGE]
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312056319.1
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Executed on 2014
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at Arroyo Grande,California
CITY OF ARROYO GRANDE,
a Municipal Corporation
By:
Tony Ferrara,Mayor
ATTEST:
Kelly Wetmore, City Clerk
312056319.1
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RECORDING REQUESTED
BY AND WHEN RECORDED
RETURN TO:
City Clerk
City of Arroyo Grande
300 East Branch Street
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Arroyo;Grande, CA 93420 FOR RECORDER'S USE ONLY
g Fee Exempt per GC Section 6103 and 27383
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
THIS IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE, is made this
day of. 2014, by San Luis Obispo Physician's Health Alliance,
LLC, a California limited liability company, hereinafter termed Offeror.
NOW, THEREFORE, for 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 an interest in the real property described in
Exhibit A and shown schematically in Exhibit A-1 attached hereto and
incorporated herein by this reference.
2. That said Offeror does hereby irrevocably and in perpetuity offer to the City of
Arroyo Grande, a Municipal corporation, an easement for the installation,
• inspection, operation, maintenance and repair of a water line and related
appurtenances over, across, upon and under the property described in Exhibit B
and depicted in Exhibit B-1 both of which are attached hereto and incorporated
herein by this reference.
3. That said Offeror agrees that the said easement shall remain free of structures,
fences, or any other obstacle that would interfere with the City of Arroyo
Grande's use of the easement.
:/4. Said easement offered herein shall be an easement in gross.
5. That said Offeror agrees that said offers of dedication set forth herein shall be
irrevocable and that City of Arroyo Grande may, at any time in the future, accept
said offer of dedication.
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6. That said Offeror agrees that this irrevocable and perpetual offer to dedicate is
and shall be binding on its heirs, legatees, successors and assignees.
IN WITNESS WHEREOF, this irrevocable and perpetual offer to dedicate is hereby
executed by the said Offeror on the day and year first above written.
San Luis Obispo Physician's Health Alliance, LLC
a California limited liability company
By:
Its:
Date:
State of California )
County of
On 2014, before me,
Notary Public, personally appeared
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 on 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 and official seal.,
Signature [Seal]
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EXHIBIT A
LEGAL DESCRIPTION
PARCEL 1 OF PARCEL MAP NO.AG-89-423,IN THE CITY OF ARROYO GRANDE,
COUNTY OF SAN LUIS OBISPO,STATE OF CALIFORNIA,ACCORDING TO MAP
RECORDED SEPTEMBER 20, 1990 IN BOOK 47 PAGE 54 OF PARCEL MAPS,IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
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APN:006-391-046
DOC:2004-047230
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EXHIBIT B
LEGAL DESCRIPTION
That portion of Parcel 1 of Parcel Map AG-89-423,in the City of Arroyo Grande,County of
San Luis Obispo,State of California,as shown on map recorded in Book 47 of Parcel Maps,at
Page 54 in the Office of the County Recorder of said county included within a strip of land,
15.00 feet wide,lying 7.50 feet on each side of the following described line:
Commencing at the southeast corner of said Parcel 1,said corner being on the northerly
right-of-way of Fair Oaks Avenue and common to Parcel 2 of said Parcel Map;thence
along said northerly right-of-way of Fair Oaks Avenue South 89°34'00"West, 102.27
feet to the centerline of an existing 15.00 foot wide water line easement per said Parcel
r map;thence along said centerline North 00°25'32"West, 131.56 feet to the True Point of
Beginning;thence leaving said centerline
1. North 89°47'31"East,61.67 feet;thence
2. North 00°12'34"West, 174.34 feet;thence
3. South 89°47'26"West,63.96 feet to said centerline and the Point of Terminus.
The sidelines of the above described strip are to be prolonged or shortened so as to begin
and terminate on their respective sidelines of the existing 15.00 foot wide water line
easement.
The intent of this description is to relocate a portion of the 15.00-foot wide water line
easement created on Parcel Map AG-89-423 around a newly constructed building.That
portion of the existing said water line easement circumvented by the above description is
no longer needed and hereby abandoned.
The above described property is graphically shown on attached Exhibit B-1 incorporated
herein by reference.
END OF LEGAL DESCRIPTION
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JOB NUMBER: 08123
GRADE OF A PORliON OF PARCEL 1 PER 47 BY: JRE
DA 1E. OCT 21: 2010
PARCEL MAPS 54 IN THE CITY OF ARROYO
ENGINEERING GRANDE, COUNTY OF SAN LUIS OBISPO,
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OFFICIAL CERTIFICATION
I, KELLY WETMORE, 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. 4581 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council of the City of Arroyo Grande on the
13th day of May, 2014.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
May, 2014.
KELLY ET RE, CITY CLERK