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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 - TONY 'A ' • RA, MAYOR ATTEST: ,. Si / btilfAttett_ KELLY WET "ORE, CITY CLERK APPROVED AS TO CONTENT: STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: 07)/k/ ' --- TIMOTHY J. CARMEL, CITY ATTORNEY J 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] 1 312056319.1 • Executed on 2014 g at Arroyo Grande,California CITY OF ARROYO GRANDE, a Municipal Corporation By: Tony Ferrara,Mayor ATTEST: Kelly Wetmore, City Clerk 312056319.1 .•-- - . .... . . , . . . ., . . if 1 ', .i First American Title .. . __.,_.,. _ ... _ ..•___,... _ - - 7.= . • .1? „ EXHIBIT " 'A " h , . . N89114281-351.44' . . . . . , • ;'=-.4.--,..:-..,....!::::'•/;;;';11;■■■',...:....•...."....!".!•,"..!....... •‘." -..Atp, • . ; . ..,, , . i . N4575;12V JZ48', .4'Ll,ri:..: 1,1:.• ,417.4I :. ' - ti, ' --'''' '-''''0■•"f. i , ll 15.00-. ::(9'1!„:' r 1 r I'••••,., . r4 4, :..7triP'' : ' i P ' 1 i". . ... f7 1 .1. •:•.:// \ - . ,. • , . •0,! , , ■ ;•1 4'e'0, 1:.. >,1 . ,. . . . . PORTION OP ORIGINAL WAIER .,. •. ,,!t !il LINE EASEMENT PER 47-PM-54 , , TO GE AGANDONER, - • !!_ il 1 IV!' „ ll •• 1 •• . , .: .:•, •2,i i: . I l: 1 '.,..,.• org 'i., .,! , ,. ,, ' 'r ?41 A44°' • ' r t ' . I 41 OW 1 I ,[ TA aa --''' , ? :f • -'''' -----'-• '•.UN' ' .'if NW.;, ' , H ' , tA00.:,--, ,HC.,,'.7.4m.,. i • !, I l ...74.0.t41 :.±I4.. '1"".• • ; .• t , , . 04 or EXISIING N.WDE III 1 ■ , , . , • WATER LINCEASEMENT . ,i,i'• i . , PER 47-Pm-$4 :, it,i ',i Ft , 1'1 ....i . . . , ' 1 ' 41rki% '• :-I 0-0.ALE: 1!;,:,1110.: • i• • T. - - . , 1. - --- TI.',- th • .50: leek. ,At li 1 ' 1 7--,P.O.C. i •,,k)1 sapv4volv no._ . _. . . .,S882.4.'CiAIK-680.9 -r ' -- - - ''"-' - :f,''---- -'- - H e H P FAIR OAKS AVENUE .1-: „ 1, . . ,; 1'■0 1204:',.:,22-AO'110.011a1-ReltobASuneylOrowlnp40812J—EASEMENT:thvg,Loyoull,Oct 01.2010 2:29m.101114,1) I') ■ ■ SjoaCAINE.u';81(--R,Air:i502:, - P L- A- 7--- '- r; GRADE BV: • . . ' ' ! OF A POR110N OF PARCEL 1 PER 47 , 141---- ''1. ''..L.:__ „ ■ . • Mt .:901;:,6,.--,i0i0.- = , . ------, - --;- — ,,--.- , PARCEL MAPS 54 IN THE CITY OF ARROYO , . f::11glitiggki,.kip GRANDE, COUNTY OF SAN LUIS OBISPO, • , _ CALIFORNIA 1,,, •I 0 ,j! lititrilosrattlaitigratill ' ! ... . .......,....1.....0_._...... ___!.. I- .. -.- _ First American Title I . , EXHIBIT:B.::. ........... .:. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Arroyo Grande 300 East Branch Street • 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. 1 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] 2 First American Title A , 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. • APN:006-391-046 DOC:2004-047230 • First American Title First American Title . .., . _. cy, E)CEIIEI I I T A— 1 .4 tn 1 I 1" I 1 0iCO ,....--.....z.._..... 0 _ 0 I clip it,sit L .x. a2 ei c-1 0 ..\ g 'S 2 41 (i) NNN tak 4 111341.00A _...iii , - g ow el -W -- tk, 200 ,f--•,!;*,N 7 , . 41- ( 14 a 4 ..c S. ,x. 8 ir, '1/4.:' 9 ■1 la It 444' .4 s g .7, II ____Ii . i_....... 1 0 1 4 1 y t 8 ) ..f 4 .4 4 CO„. ). Zi i ro r4 r:\ (5- ..e.ra az.. -• , PI 1 , . ',4,.-"Tr'''," II \"" n-le. Ca 1 P 411111111 4, 0 0 :: P. =) ' ]IlIIIIIII ) NOAT)VH - wnos _ . kl. 1,0 6-i k g2ii k■■1 v First American Title I First American Title 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 LAN0-S. ,t9.,1„ 4 FU G'. }flC. I,. 065 .* ,p Ex 12/20n °F CMO First American Title , .......„ . . .. —.. . . . First American Title .. _ ,.. , ! , • EXHIBIT B- 1 N119'34'.281-351.44' ... .. , _ . --7 7——7'.7. , 35.17' - N8B17121rE ..... 230:65' P 0 T ...-_,_......... ...Tv'AVY-v=m7t7Wni-1 , „‘„ .........w.:.,:p.t.,,,tvep.z.w......... N45751521W 3748' i Se394.726-11. '.gci1 5g A PORTION OF ORIGINAL WATER K. LINE EASEMENT PER 47-PM-54 ta el) TO BE ABANDONED. ill rrl el : . t t / 3 ' i.i. CVO t4 110 64 .,i/i Ega .C.4 kat-iv' Ff . J.0,ii Pt7P'° EP.O.B. ...:4:•,47a6167• ::..11 i I 15.011 =7.50. 7.50'--I 4,,f• 1 CA OF EXISTING 15' ME I 1 I WATER UNE EASEMENT I i 21 PER 47-PM-54 :tal w I GRAPille. SCALE 1 i I L'ai 9-- 2.s 5.° 10113 1 fki 1 inch = .50 feet \I 1 P.O.C. P.O.C. 589'34'00.W 102.27' ..... I I 589'54'00*W 589.91' ...!, 8 FAIR OAKS AVENUE N:\2008\0812J-AG Hospital Rehob\Survey\Orawings\0812J-EASEMENT.dwg, Layout:, Oct 21, 2010 908am, REllisan ABOVE . PLAT 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, ! 1304 Brood Steak San Ink 0136po,CA 93401 CALIFORNIA phonc(8051540-5115•(m(6051540-5116 ....ND or DOCIAGNT 1 . First American Title , 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