R 4126RESOLUTION NO. 4126
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE OFFERING FOR DEDICATION
AND ACCEPTING AN OFFER OF DEDICATION FOR A
PUBLIC UTILITY EASEMENT IN CONJUNCTION WITH
CONDITIONAL USE PERMIT OS-013, AT&T CELLULAR
INSTALLATION AT RESERVOIR NO. 1
WHEREAS, the City Council approved Conditional Use Permit Case No. 05-013
("CUP") on September 12, 2006; and
WHEREAS, the CUP exhibits indicated the installation of public utility conduits across
City owned property to serve the project; and
WHEREAS, the project included the installation of public utility facilities outside of
existing rights of way and public utility easements in substantial conformance with the
conditional use permit exhibits.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby offer for dedication to the public a public utility easement in the
form of Attachment 1 entitled "Irrevocable and Perpetual Offer to Dedicate -Public
Utility Easement" dated August 8, 2008, and authorize the Mayor to execute the offer of
dedication.
BE IT FURTHER RESOLVED that the City Council of the City of Arroyo Grande does
hereby accept on behalf of the public per Government Code Section 7050 a public utility
easement per Irrevocable and Perpetual Offer to Dedicate -Public Utility Easement
dated August 8, 2008, and authorize the Mayor to sign the certificate of acceptance.
On motion of Council Member Fellows, seconded by Council Member Guthrie, and by
the following roll call vote, to wit:
AYES: Council Members Fellows, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Arnold
the foregoing Resolution was passed and adopted this 26~h day of August 2008.
RESOLUTION NO. `ll z~
PAGE 2
TONY FE ,MAYOR
ATTEST:
KELLY WEjTMO~tE, CITY CLERK
APPROVED AS TO CONTENT:
. ~~~~
STEVEN ADAMS CITY MANAGER
APPROVED AS TO FORM:
TINj THY J. EL, CI ATTORNEY
ATTACHMENT1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
CITY CLERK
P.O. BOX 550
ARROYO GRANDE, CA 93421-550
Pee Exempt per GC Sections 6103 and 27383
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
PUBLIC UTILITY EASEMENT
THIS OFFER TO DEDICATE, made this 8th day of August, 2008; by the City of Arroyo
Grande 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 offerto dedicate a
public utility easement (PUE).
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 ExhibitA and shown
schematically in Exhibit A-1.
2. That said Offeror does hereby offer to the public a public utility easement, over,
under, upon and across the following property described in Exhibit B and shown
schematically in Exhibit B-1.
3. That said Offeror agrees that the public utility easement, is and shall be binding on
their 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.
Tony Ferrara, Mayor
This is to certify that the interest in real property conveyed by the IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE PUBLIC UTILITY EASEMENT, dated August 8,
2008, from the City of Arroyo Grande, 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.
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
Page 2
STATE OF
COUNTY OF
On ,before me,
ersonall a eared
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 ofwhich
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.
PLACE NOTARY SEAL ABOVE Si nature Seal
STATE OF
COUNTY OF
On ,before me,
ersonall a eared
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 ofwhich
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.
PLACE NOTARY SEAL ABOVE Si nature Seal _
Page 3
Exhibit A
Legal Description
Pazcel 1:
Lots 1 through 4, inclusive, of Block 7 of the Valley View Subdivision in the City of
Arroyo Grande, County of San Luis Obispo, State of Califomia according to the Map
recorded July 22, 1926 in Book 3 at Page 78 of Maps.
Excepting Therefrom the Northwesterly 100 feet.
Parcel 2:
The Northwesterly 100 feet of Lots 1 through 4, inclusive, of Block 7 of the Valley View
Subdivision in the City of Arroyo Grande, County of San Luis Obispo, State of California
according to Map recorded July 22, 1926 in Book 3 at Page 78 of Maps.
7/17/2008 875-66A
Omni Design Group Inc
EXHIBIT A-1
SUBJECT PROPERTY
40" 0" 40'
Exhibit B
Legal Description
A 10.00 foot strip of land over and across that portion of Lots I through 4, inclusive, of
Block 7 of the Valley View Subdivision in the City of Arroyo Grande, County of San
Luis Obispo, State of California according to the Map recorded July 22, 1926 in Book 3
at Page 78 of Maps the westerly and southerly lines of which aze described as follows:
Beginning at the northerly most corner of said Block 7, said comer also being the
northerly most comer of Lot 4 of said Valley View Subdivision; thence, southwesterly
along the westerly line of said Block 7 and the westerly line of said Lot 4, a distance of
65.50 feet; thence, southeasterly and parallel with the northerly line of said Block 7, a
distance of 200.00 feet more or less to the easterly line of said Block 7, said line also
being the easterly line of Lot 1 of said Valley View Subdivision and the westerly right of
way line of Vernon Ave as shown on said map of Valley View Subdivision, and the
terminus of said 10.00 foot strip.
NOTE: The sidelines of said 10.00 foot strip of land shall extend or shorten as to
terminate on the northerly and easterly lines of Block 7 of said Valley View Subdivision.
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NLY MOST CORNER BLOCK 7
POINT OF BEGINNING
NORTHERLY LINE OF BLOCK 7
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' -40~ -; ~ PUBLIC UTILITIES EASEMENT
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. 4126 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council/Redevelopment Agency of the City of
Arroyo Grande on the 26~h day of August 2008.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 27~h day of
August 2008.
KELLY WETM"ORE, CITY CLERK