R 4132RESOLUTION NO. 4132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ACCEPTING AN OFFER OF
DEDICATION FOR AN EASEMENT FOR A PUBLIC ROAD
PURPOSES IN CONJUNCTION WITH ST. JOHN'S
LUTHERAN CHURCH ANNEXATION
WHEREAS, the annexation of the St. John's Lutheran Church was completed on June
4, 2004; and
WHEREAS, a section of Los Berros Road is located within the area annexed; and
WHEREAS, the San Luis Obispo County Board of Supervisors on behalf of the San
Luis Obispo County Flood Control and Water Conservation District have made an offer
of dedication for an easement for public road purposes;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby accept an offer of dedication for an easement for public road
purposes in the form of Exhibit A entitled "Irrevocable and Perpetual Offer to Dedicate
075-393-003" dated June 10, 2008, and authorize the Mayor to accept the offer of
dedication.
On motion of Council Member Guthrie, seconded by Council Member Arnold, and by
the following roll call vote, to wit:
AYES: Council Members Guthrie, Arnold, Fellows, and Mayor Ferrara
NOES: None
ABSENT: Council Member Costello
the foregoing Resolution was passed and adopted this 14~h day of October 2008.
RESOLUTION NO. N13~
PAGE 2
TONY F A, MAYOR
ATTEST:
KELLY
CITY CLERK
APP,R~OV~ED~AS TO CONTENT:
_~C ~,
STE~/E A S,-CITY MANAGER
APPROVED AS TO FORM:
/~
TI THY J. ARMEL,ZTTY ATTORNEY
Exhibit A
IRREVOCABLE & PERPETUAL
OFFER TO DEDICATE
RECORDED REQUESTED BY and
WHEN RECORDED. RETURN TO:
San Luis Obispo County Public Works Dept.
Room 207 County Gov't Center
San Luis Obispo, CA 93408 - - - 075-393-003 - - -
THIS OFFER TO DEDICATE, made the, day of eTUn[~ 10 2008, by
The San Luis Obispo County Flood Control and Water Conservation District of the County of
San Luis Obispo, State of California, hereinafter termed Offeror:
WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the
public, an easement, in, over, and through that certain property described in the attached
Exhibit A, for public road purposes, which offer may be accepted at any time by The City of
Arroyo Grande, or any successor which has the power to establish, construct and maintain
roads.
NOW, THEREFORE, said Offeror covenants and promises as follows:
1. That said offeror is the owner of the following interest described below:
A parcel of land in lot 100 and 101 of James Stratton's Survey of Rancho Corral De Piedra,
said parcel of land being more particularly described as follows
Commencing at the Southwest corner of Lot 101, said corner being a point on the center line
of County Road #28 as shown on Record of Survey in Book 6 at Page 95; Records of San Luis
Obispo County; thence North 0° 09' East, 461.22 feet along the center line of County Road #28 and
along the line common to Lots 110 and 101 to the true point of beginning; thence continuing along
the center line of said road North 0° 09' East, 265.00 feet; thence leaving the center line of said road
at right angles South 89° 51' East, 25.00 feet to a point on the East line of said road; thence leaving
said East line, North 89° 48' East, 307.38 feet to the beginning of a curve to the right, tangent to the
last described course and having a radius of 655.00 feet and a central angle of 28° 36'; thence East
along the arc of said curve, 30.35 feet through a central angle of 2° 39' 16" to the point of intersection
with the center line of county Road #134; thence along the center line of County Road #134, through
the following courses and distances, South 47° 41' East, 284.51 feet; South 40° 02' West, 6.92 feet;
South 49° 58' East , 151.16 feet to the point of intersection of said center line with the North line of
said Lot 100; thence South 55° 31' 30" West, 9.59 feet along said North line of Lot 100 to a point;
thence leaving said line, South 72° 58' 30" East, 10.00 feet; thence North 55° 31' 30° East, 25.00 feet;
thence South 72° 58' 30" East 75.80 feet; thence South 13° 58' 30" East, 115.37 feet to a point on the
center line of County Road #134, said point lying on a curve having a radius of 700.00 feet and whose
center bears South 53° 33' 15" West, 700.00 feet from said point, thence Northwesterly along the arc
of said curve and along the center line of County Road #134, 165.19 feet through a central angle of
13° 31' 15" to County Road Station 9 + 37.03 as shown on sheet #2 of San Luis Obispo plans of
County Road #134; thence South 40° 02' West, 30.00 feet to a point on west right of way line of said
road; thence North 49° 58' West , 78.76 feet along said West right of way line to the beginning of a
curve to the left, tangent to the last described course, and having radius of 470.00 feet and a central
angle of 40° 14'; thence leaving said west right of way line, Westerly along the arc of said curve
330.04 feet through a central angle of 40° 14' to the end of said curve; thence South 89° 48' West,
136.05 feet: thence South 56° 13' West, 180.78 feet to a point on the East line of County Road #28;
thence North 89° 51' West, 25.00 feet to the point of beginning ,containing 2.298 acres.
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 following described property: see exhibit A attached
3. That until such time as the above offer of dedication is accepted by such a
government entity, all owners of property contiguous to the above described road parcel shall
have the right to use of said road parcel as a private road.
4. That said Offeror agrees that said offer of dedication shall be irrevocable and
that the City of Arroyo Grande or any 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 to Dedicate is hereby executed by the said
Offeror on the day and year first above written.
The San Luis Obisp~ Flood Control and Water Conservation District
r- _.
of California
y Of,9an LUIS c]~iE1T0
On .7t.sJ1G 10 F9~Y~ before me, J~+.....lr.s~VV~~yy
personally appeared JAMESRPATTEIZSON who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)yq/are
subscribed to the within instrument and acknowledged to me that ~,(e she/they executed the
same in Fy~,,s/her/their authorized capacity(ies), and that by ~/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 is true and correct.
Witness my hand and official seal.
jUi1S L RODBWAI.D
Name aouMr aart w trwxcin cwt ee1M a waem.a+
cwaa a Su t+e~ cb~wo, shM a CNYwiM
Name Printed
County of .~'t LU19 Ob19~o
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' A8-12
6/10/2008
Exhibit A (page 1 of 2 )
Description of Los Berros Road Right-of-Way dedication within the City of Arroyo Grande, County of San Luis
Obispo, State of California.
All that part of Lot 101 of Stratton's Survey of Part of the Ranchos Corral de Piedra, Pismo and Bolsa de
Chamisal, also being a part of the land in the Judgment in Condemnation for the San Luis Obispo County Flood
Control and Water Conservation District recorded in Volume 1075 at page 518 Official Records of San Luis
Obispo County Recorder, described as follows:
Commencing at a point on the east Right-of-Way line of Valley Road (County Road No. 1140) said point
is marked by a 2 inch iron pipe at the northwesterly corner of Parcel 1 of Parcel Map No. CO 70-103 as filed in
Book 5 of Parcel Maps at page 33 and designated as a point 25 feet right of Engineer's station 3 + 17.11 per
plans on file with the County Public Works Department microfilm document No. 1054 and said point being on a
line 17 feet west of the City Limit boundary of Arroyo Grande per Land Annexation Certificate of Completion
Document Number 2004-028935 recorded on April 9, 2004 records of San Luis Obispo County Recorder;
Thence, North 56° 13' East along the south line of land in the Judgment in Condemnation a distance of
20.47 feet to the west line of the City limit boundary of Arroyo Grande and the True POINT OF BEGINNING ,
Thence, North 0° 9' East along the west line of the City limit boundary of Arroyo Grande crossing Los
Berros Road a distance of 148.67 feet;
Thence, North 89° 48' East a distance of 268.68 feet to the beginning of a 530 feet radius tangent curve
concave to the southwest;
Thence, Easterly along said curve a distance of 364.23 feet to the intersection with the east line of the
Arroyo Grande city limit per aforesaid Land Annexation Certificate of Completion;
Thence, South 32° 30' West along the city limit line and crossing Los Berros Road a distance of 60.45
feet to the northeast corner of aforesaid Parcel 1 and the south line of land described in Judgment in
Condemnation;
Thence, following along the northerly lines of Parcel 1, Westerly along a 470 foot radius curve concave
to the southwest through a central angle of 40° 14' a distance of 330.04 feet; and South 89° 48' West a distance
of 136.05 feet; and South 56° 13' West a distance of 160.31 feet to the Point of Beginning.
A8-13
6/10/2008
Exhibit A (page 2 of 2)
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Los Berros Road
City of Arroyo Grande
A8-14
6/10/2008
END OF DOCUAAENT
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. 4132 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 14'h
day of October 2008.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
October 2008.
KELLY- ET RE, CITY CLERK