R 4717 . RESOLUTION NO. 4717
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING AN IRREVOCABLE
AND PERPETUAL OFFER TO DEDICATE A PUBLIC
ROAD EASEMENT; LOCATED AT 121 NEVADA STREET;
OFFERED BY JONI ANDERSON
WHEREAS, on July 1, 2014 the Planning Commission of the City of Arroyo Grande
adopted Resolution No. 14-2211, approving Conditional Use Permit 14-006; and
WHEREAS, conditions of approval for the project required the property owner to offer to
dedicate a public road easement to allow for the future realignment of Nevada Street;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby accepts the road easement in Exhibit B and shown schematically in
Exhibit B-1 of the Irrevocable and Perpetual Offer of Dedication attached hereto as
Exhibit A, and which is incorporated herein by this reference.
On motion of Council Member Barneich, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Barneich, Guthrie, Brown, Harmon, and Mayor Hill
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 13th day of April, 2016.
RESOLUTION NO. y7(7
PAGE 2
JIM HI L, MAYOR
ATTEST:
/ (Ade alet-C
KELLY E/ ORE, CITY CLERK
APPROVED AS TO CONTENT:
DIANNE THO .Pir, CITY MANAGER
APPROVED AS TO FORM:
Gam _
HEATHER WHITHAM, CITY ATTORNEY
EXHIBIT A*
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
•
CITY CLERK
300 EAST BRANCH STREET
ARROYO GRANDE, CA 93420
Fee Exempt per GC Sections 6103 and 27383
IRREVOCABLE AND PERPETUAL OFFR TO DEDICATE
THIS OFFER TO DEDICATE, made this /5- day of 20 45"T
by Craig and Joanne Anderson Family Trust 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 a
public road easement, which offer may be accepted at any time by any governmental entity
that has the power to establish, construct, and maintain roads.
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 irrevocably and in perpetuity offer to such
governmental entity a dedication of a public right of way for road purposes and
incidental uses upon the property described in Exhibit B and shown schematically in
Exhibit B-1.
3. That until such time as the above offer of dedication is accepted by such a
government entity, all owners of property continuous to the above described road
parcel shall have the right to the use of said road parcel as private property.
4. That said Offeror agrees that said offer of dedication shall be irrevocable and that
such a government entity may, at any time in the future, accept said offer of
dedication of the public right-of-way.
5. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and
shall be binding on his heirs, legatees, successors and assignees.
IN WITNESS WHEREOF, this Offer is hereby executed by the said Offeror on the day and
year first above written.
Craig Anderson, rustee Offeror
Anderson, Trustee Offeror
This is to certify that the interest in real property conveyed by the IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE, dated March 27, 2015 from Craig and Joanne
Anderson Family Trust to the CITY OF ARROYO GRANDE, a municipal corporation of
the State of California, is hereby accepted by Resolution of the City Council of the City of
Arroyo Grande on , and the City of Arroyo
Grande consents to recordation thereof by its duly authorized officer.
JIM HILL, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
Page 2
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 July 01, 2015 before me, Kim Conroy-Notary Public
(insert name and title of the officer)
personally appeared Craig Anderson
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.
KIMBERLY CONROY
WITNESS my hand and official seal. 0 :' comm.#2064877 C
NOTARY PUBLIC•CALIFORNIA A
SAN LUIS OBISPO COUNTY
Comm.Exp.MAY 16,2018
Signature ,4 (Seal)
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 July 01, 2015 before me, Kim Conroy-Notary Public
(insert name and title of the officer)
personally appeared Joanne Anderson
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.
KIMBERLY CONROY
WITNESS my hand and official seal. ; comm.#2064877
NOTARY PUBLIC•CALIFORNIA
'�� •� SAN LUIS 081SP0 COUNTY
Comm.IS 0 MAY i6,2018
Signature_ " • NYVNC..1 ----
(Seal)
EXHIBIT "A"
LEGAL DESCRIPTION,
PARCEL 1
LOT 8 OF THE"BUENA VISTA TRACT MAP" RECORDED OCTOBER 2nd 1885 IN BOOK A,
PAGE 58 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER, CITY OF ARROYO
GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA TOGETHER WITH A
PORTION OF LOT 85 OF THE MAP"PARTS OF RANCHOS CORRAL DE PIEDRA-PISMO &
BOLSA DE CHAMISAL"RECORDED SEPTEMBER 1875 IN MAP BOOK A,PAGE 65 OF MAPS
IN THE OFFICE OF THE COUNTY RECORDER, CITY OF ARROYO GRANDE, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA. MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE TRUE POINT OF BEGINNING BEING THE SOUTHWEST CORNER OF SAID LOT 8
BUENA VISTA TRACT;THENCE SOUTH 57° 23' 00"WEST,ALONG THE NORTHERLY RIGHT
OF WAY LINE OF HART LANE,A DISTANCE OF 80.00 FEET; THENCE NORTH 32° 31' 00"
WEST, A DISTANCE OF 133.77 FEET; THENCE NORTH 61° 16' 00"EAST,A DISTANCE OF
79.65 FEET TO THE MOST WESTERLY TERMINUS OF THE RIGHT OF WAY OF LE POINTE
STREET AND A POINT ON THE NORTHWESTERLY PROLONGATION OF THE
SOUTHWESTERLY LINE OF SAID LOT 8 BUENA VISTA TRACT; THENCE ALONG SAID
PROLONGATION OF SAID LOT 8 SOUTH 32° 45' 00"EAST,A DISTANCE OF 128.38 FEET
RETURNING TO THE SOUTHWEST CORNER OF SAID LOT 8 BUENA VISTA TRACT AND
THE TRUE POINT OF BEGINNING SAID MERGED LOT(S) CONTAINING A TOTAL AREA OF
0.32 ACRES,MORE OR LESS AND AS SHOWN ON EXHIBIT"A-i".
oED LAND SG
C","‘F
*,/ 10. 7190
Exp. 12-'31-15. ay'
o
�'/ 7 yD jo
o�
EXHIBIT " A- 1 "
Q`.ce N
— — 79.65
N61* 16' 00"E LE POINTE ST.
N N61. 08' 110"E (HIGH ST.)
L—— 732.70
I I
I I se
�y, POR LOT 85 A MB 65 I LOT 8 1
o°
mo k 2492 O.R. 520 A MB 58 I
<it- \,�' NI o c
o o°.
QPc,Q' viI.
LP T '5 I I° 10 SCALE:1"=30'
IN re) Iw
o
I 0
''t Q
I
IN
1 I I W
I Z
S57* 23' 00"W _
80.00'
S61* 00' 10"Wf
HART LANE 32.70
17'I 17'
1.V LAND S
G��� � T 'PG�.c
LOT 8 OF THE BUENA VISTA TRACT PER ` NO. 7190
MAP BOOK A, PAGE 58 AND A PORTION y Exp. 12-31-15 ay
OF LOT 85 OF THE RANCHO DE CORRAL d0y,7bo P ,,,
DE—PIERDA—PISMO AND BOLSA DE
CHAMISAL PER MAP BOOK A PAGE 65 IN
THE CITY OF ARROYO GRANDE, CIVIL DESIGN
COUNTY OF SAN LUIS OBIPSO, STATE OF
CALIFORNIA S O L U T I O N S
OCTOBER 2014 PO BOX 207 ARROYO GRANDE, CA 93421
EXHIBIT "B"
LEGAL DESCRIPTION
OFFER OF DEDICATION,
AN OFFER OF DEDICATION OF A PORION OF LOT 8 OF THE"BUENA VISTA TRACT MAP"
RECORDED OCTOBER 2nd 1885 IN BOOK A, PAGE 58 OF MAPS IN THE OFFICE OF THE
COUNTY RECORDER, CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE TRUE POINT OF BEGINNING BEING THE SOUTHEAST CORNER OF SAID LOT 8
BUENA VISTA TRACT;THENCE SOUTH 61° 00' 10" WEST,ALONG THE NORTHERLY RIGHT
OF WAY LINE OF HART LANE,A DISTANCE OF 12.72 FEET; THENCE DEPARTING SAID
RIGHT OF WAY NORTH 18° 54' 27"WEST, A DISTANCE OF 30.84 FEET; THENCE NORTH 28°
27'22" WEST,A DISTANCE OF 70.99 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY
OF LE POINTE STREET AND THE WESTERLY RIGHT OF WAY OF NEVADA STREET;
THENCE DEPARTING ALONG THE SAID WESTERLY RIGHT OF WAY OF NEVADA STREET
SOUTH 32°45' 00"EAST,A DISTANCE OF 101.60 FEET RETURNING TO THE SOUTHEAST
CORNER OF SAID LOT 8 BUENA VISTA TRACT AND THE TRUE POINT OF BEGINNING
SAID LOT CONTAINING A TOTAL AREA OF 0.01 ACRES, MORE OR LESS AND AS SHOWN
ON EXHIBIT`B-1".
v LANO
A' NO. 7190
0)
2 Exp: 12-31-15 .ay
EXHIBIT " B - 1 "
cv cp.
(2NV, N
- -� -- LE POINTS ST.
7-- - - -
in I (HIGH ST.)
1
1
#.`'1 I POR LOT 85 A MB 65 I LOT 8 •
�G���,�,o° 2492 O.R. 520 A MB 58
?"
QP Q� I I # 1
v I � •
LP I c j SCALE:1"=30'
, 1-1-1
l / O
N28' 27' 22"W 1 70.99' / in 0
I /
I W
N18' 54' 27"W 1 30.84' r' Z
it4L _ OFFER OF DEDICATION
S61' 00' 10"Wj
HART LANE 32.70
17' 17'
I
D
e S3/ 4>.:Itt't1‘,,
0 C2
OFFER OF DEDICATION - -',-- *7. *9".
NO. 7190 0,
A PORTION OF LOT 8 OF THE BUENA 'y Exp. 12-31-15 ay
VISTA TRACT PER MAP BOOK A, PAGE 58 d°y,7bo Ao ,.*N.
IN THE CITY OF ARROYO GRANDE,
COUNTY OF SAN LUIS OBIPSO, STATE OF
CALIFORNIA CIVIL DESIGN
OCTOBER 2014
S O L U T I O N S
PO BOX 207 ARROYO GRANDE, CA 93421
•
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. 4717 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 13th day Of April, 2016.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 19th day of
April, 2016.
Mc/401e_
KELLY T � •RE, CITY CLERK