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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. ONP~ Lq,y~ y9~ ~ S. Bp,P 4~ 0~ L,i O a 0.0 * r*P• 12-31-08 ~~ ~ ,~ P.LS 8006 6/18/2008 875-66A Omni Design Group Inc /r NLY MOST CORNER BLOCK 7 POINT OF BEGINNING NORTHERLY LINE OF BLOCK 7 P.U.E. O ~~ IYIr~ >~ ,~ t ~3 ~~ APN 007 181 ~G ST SCALE: 1 "= 40' 40' 0' 40" ,~ Z~ ~=O ~~ 875-67A ~ 1 EXHIBIT B-1 ' -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