R 4167RESOLUTION N0.4167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ACCEPTING AN IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE RIGHT-OF-WAY ON
EAST CHERRY AVENUE FOR THE TRAFFIC WAY
STREETSCAPE PROJECT
WHEREAS, the City Council approved the Traffic Way Streetscape Project (the
"Project"); and
WHEREAS, the City will record an Irrevocable and Perpetual Offer to Dedicate ("Offer
of Dedication") for the portion of East Cherry Avenue needed to implement the Project;
and
WHEREAS, a Mitigated Negative Declaration has been prepared for the Project and
adopted by the City Council on June 10, 2008;
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby accept the Offer of Dedication for the portion of East Cherry
Avenue needed to implement the Project, as depicted in Exhibit "A" attached hereto and
incorporated herein by this reference as though set forth in full.
On motion of Council Member Arnold, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Arnold, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: Council Member Fellows
the foregoing Resolution was passed and adopted this 10th day of March 2009.
RESOLUTION NO. ~~~~
PAGE 2
TONY FER AYOR
ATTEST:
STEVtfTDAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. MEL, CITY ATTORNEY
APPROVED AS TO CONTENT:
RECORDING REQUESTED 9Y AND
WHEN RECORDED RETURN TO:
CITY OF ARROYO GRANDE
CnY CLERK
P.O. BOX 550
ARROYO GRANDE, CA 93421-550
fea Exompt par GC gacilons 6103 and 27383
EXHIBIT A
IRREVOCABLE AND PERPETUAL OFFER TO DEDICATE
THIS OFFER TO DEDICATE, made this day of 2008;
by Dorfman Homes, Inc. of the City of Arroyo Grande, County of San Luis Obispo, State of
Califomla, hereinafter termed Offeror,
WHEREAS, the City desires to construct road improvements to widen the sov*h side of
East Chevy Avenue near the intersection of Traffic Way.
WHEREAS, Offerol'deslres to make an irrevocable and perpetual offerto dedicatea public
road easement to the govemmental entity that has the power to establish, construct and
maintain roads, to enable construction of a center tum lane on the south side of East
Cherry Avenue directly east of its intersection with Traffic Way.
NOW, THEREFORE, for a valuable consideration, the receipt and sufficiency of which (s
hereby acknowledged, said Offeror covenants and promises as follows:
1. That said Offeror fs the owner of the real property described in Exhibit A and shown
schematically in Exhibit B.
2. That said Offeror does hereby irrevocably and in perpetuity offer to such
govemmental entity a dedication of a public right of way for road purposes and
incidental uses upon the property described in ExhibitA and shown schematically in
Exhibit B.
3. That until such time as the above offer. of dedication is accepted by such a
govemment entity, all owners of property contiguous 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 govemment 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 Offerto 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.
Offeror
Offeror
Offeror
Offeror
This is to certify that the Interest in real property conveyed by the IRREVOCABLE AND
PERPETUAL OFFER TO DEDICATE, dated front Mr. Ed Dorfman, to
the CITY OF ARROYO GRANDE, a municipal corporation of the State of California, is
hereby accepted by Resolution of the Cityand thelCltytof A yo Grarnde onsents to
recordation thereof by its duly authorized officer.
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
Page 2
STATE OF ali rnla
COUNTY OF A_ Hl~rf~19'f%'J 'm, L,
On ~ ~ ~ before me, Y 1 U~ p~U I ~e
J ~~~,N,(~a~'f[~a of~]~rygtiary Public)
personally appeared K.r~WI hS ~NI~Y)
proved to me on the basis of satisfactory evidence to be the.person(s) whose names Is/ a su cubed to
the within instrument and acknowl ed to me that a e/they executed the same in Ls/ er/their
authorized capacity(ies), and that by is her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) ed, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correcC
WITNESS my hand and official ~ MJ PONDER ~
0 COMM. +It 1791043
:j ~ NOTARY PUBUC -CALIFORNIA ~
~ SAN LUIS OBISPO COUNTY n
(Signature of No bIIC) ], COMM. EXPIRES FEB. 10,1612'
(This area for notarial seal)
(notary)(07-02)
F~chibit "A"
LEGAL DESCRIPTION
DORFMAN HOMES, INC.
File No.: 232-5672 ~ February 11, 2009
Parcel A
A portion of Lot 88 of the Map of parts of the Ranchos Corral de Piedra, Pismo & Bolsa
de Chamisai, in the City of Arroyo Grande, County of San Luis Obispo, State of
Califomia, as per map filed in Book A, Page 65 of Maps in the County Recorder's Office
of said County, also being portions of Parcel 1 and Parcel 4 described in the Grant
Deed from Jacqueline Bolton and Kenneth Thayer, as Ca-Trustees of the Ofive Williams
Family Trust dated October 19, 1987 to Dorfman. Homes, Inc., a California Corporation,
recorded May 24, 2000 in Document Number. 2000-028528 of Official Records ih said
County Recorder's Office, said portions lying northwesterly of the following described
line:
Commencing at the most easterly comer of the Wood's Addftion to the Town of Arroyo
Grande as per map filed in Book B, Page 11 of Maps in said County Recorder's Office,
said comer also being the most northerly comer of said Lot 88, said comer being
marked by a found brass cap in monument well as shown on the Record of Survey filed
in Book 50, Page 98 of Licensed Surveys in said County Recorder's Office, said point
bearing north 62°44'38" east 1,324.63 feet (N 61°09'26° E 1,324.62' calculated from
50/LS/98) from a found tag LS 5139 marking the most southerly corner on the land
shown on said Record of Survey;
Thence south 57°25'02" west 911.02 feet to a point lying 18.5 feet southeasterly of the
common line to said Lot 88 and said Wood's Addition, and the True Point of
Beginning;
Thence scuth 31°25'09" east 29.50 feet to a point lying 48 feet southeasterly of the said
common line;
Thence parallel with said common line, south 58°34'51" west 390.00 feet to a point in
the northeasterly line of the land described in the Deed for the State Highway from H.H.
Riley to the State of Califomia, recorded August 18, 1932 in Book 128, at Page 72 of
Official Records in said County Recorder's Office.
Excepting therefrom any portion of Parcel 1 described in the Easement Deed from
Jacqueline Bolton and Kenneth Thayer, as Co-Trustees of the Olive Williams Family
Trust dated October 19, 1987 to the City of Arroyo Grande, a political subdivision of the
State of Califomia, recorded October 25, 1996 in Document Number. 1996-055186 of
Official Recods in said County Recorder's Office.
Containing 11,509 square feet, more or less.
Parcel B
A portion of Lot 88 of the Map of parts of the Ranchos Corral de Piedra, Pismo i;< Bolsa
de Chamisal, in the City of Arroyo Grande, County of San Luis Obispo, State of
California, as per map filed in Book A, Page 65 of Maps in the County Recorder's Office
of said County, also being a portion Parcel 4 described in the Grant Deed from
Jacqueline Bolton and Kenneth Thayer, as Co-Trustees of the Olive Williams Family
Trust dated October 19, 1987 to Dorfman Homes, Inc., a California Corporation,
recorded May 24, 2000 in Document Number: 2000-028528 of Official Records in said
County Recorder's Office, said portion being bounded as follows:
Bounded on the northwest by the southeasterly line of the above described Parcel A;
and,
Bounded on the southwest by the northeasterly line of the land described in the Deed
for the State Highway from H.H. Riley to the State of California, recorded August 18,
1932 in Book 128, at Page 72 of Official Records in said County Recorder's Office; and,
Bounded on the east by a tangential curve concave to the east and having a radius of
15.00 feet.
Containing 49 square feet, more or less.
The above described Parcels A and B are graphically shown on F~chibR "B" attached
hereto and made a part hereof.
END DESCRIPTION
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sep .Moms, P.L.S. 6192 to s
License Expires 3/31/10 ~9lFn~ ~. `k
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\ \
COMMON LINE ,'
OF LOT 88 ANA
WOOD'S \
ADDITION \
\ NORTH•
` - - ----
1
~~~11 ~ ~ QTR E~
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Ri ~6~ 1EP~ ~_,
/ "" DETAIL
!=15.00' 1 "°50'
PAfiGECB - ---_ ____.
AREA=49 SOFT.+/-
\_~ _' Fy'/2 \
~ 128j0 \ f ~
CENTER ~ yo \
LINE PER ~ p~0 1
DDS1 ~ 0
~~.\ noas
FD TAG LS 5139
PER R 1
~P~R
F~'
OF
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O~gl~~'11 S.OFgFJ" `aG i
SCALE
0 100 200 400
1 INCH = 200 FEET
OOG
PPRCELO~ p2a52a
DO~ ~ 2-p1~
ON OF LOT g1
PpOR 6112-p23
FD WELL MON
PER Rl
POC
PARCEL A
~ ,--- -
LEGEND
• - FD MONUMENT AS NOTED
R1 -50/LS/98
R2 -17/LS/1
POC -POINT OF COMMENCEMENT
TPOB -TRUE POINT OF BEGINNING
DDS1 -128/OR/72
DDS2 -166/ODS/404
s12 cLARioN couRr c,~n~a~i a
RIGHT OF WAY ON PORTIONS OF
~ ~~ °~ ~ s1an1 PARCEL51 & 4 OF DOC #2000-028528
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CITY OF ARROYO GRANDE
www.wanaeeyrouaus COUNTY OF SAN LUIS OBISPD, CA __
JOB N0:23Z-56/L
DRAWING:EaseEx
DRAWNBY MM
DATE : 2/2009
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. 4167 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
10th day of March 2009.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11~h day of
March 2009.
KELLY W~TMOj~E, CITY CLERK