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R 3295 - {-cc\... RESOLUTION NO.3295 A'RESOLUTION OF THE CITY OF ARROYO GRANDE REJECTING WITHOUT PREJUDICE AN OFFER FOR DEDICATION OF AN EASEMENT FOR PUBLIC SEWER WHEREAS, the Five Cities Center project has been approved for development by Council Resolution 3157; and WHEREAS, the attached offer of dedication of an easement for sanitary sewer purposes is consistent with the project approval; and WHEREAS, receiving the offer of dedication at this time is necessary for the orderly development of the project; and WHEREAS, acceptance of the offer should be delayed until all project construction is complete and the public facilities are accepted for maintenance. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo Grande hereby rejects the attached offer of dedication of an easement for sanitary sewer purposes and incidental uses without prejudice as to future acceptance. On motion by Council Member R:.rels , seconded by Council Member Tolley , and by the following roll call vote, to wit: AYES:Council Members Runels, Lady, Fuller, and Mayor Dougall NOES: None ABSTAIN: Council Member Tolley ion was adopted this9th day of .bE ,1998. . - Resolution No. 3295 Page 2 ATTEST: '11~a.~ NANCY A. AVIS, CITY CLERK APPROVED AS TO CONTENT: ~-r L, J-k~\~ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: c;- I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Resolution NO.3295 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 9th day of June, 1998. WITNESS my hand and the seal of 1he City of Arroyo Grande affixed this 18th day of June 1998. 'il~ a. ~ NANCY A. AVIS, CITY CLERK RESOLUTION NO. 3295 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Arroyo Grande Community Development Deparbnent 214 East Branch Street Arroyo Grande, CA 93420 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE TillS OFFER TO DEDICATE, made the...2::L day of MA.~ ' 1998, by ESJ CENTERS, a limited liability company, herein-after term d Offeror: WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the public, an easement, for sanitary sewer purposes, which offer may be accepted at any time by any governmental entity which has the power to establish, construct and maintain sanitary sewer. NOW, THEREFORE, said Offeror covenants and promises as follows: - 1. That said Offeror is the owner of the following interest described below: Parcel 4 of Parcel Map AGAL 95-133 as recorded in Book 51, Page 83 of Parcel Maps in the City of Arroyo Grande, County of San Luis Obispo, State of California in the Office of the County Recorder in said County. 2. That said Offeror does hereby irrevocably and in perpetuity offer to such governmental entity a dedication of an easement for sanitary sewer purposes and incidental uses upon the following described property: See Exhibit "A", attached hereto and made a part thereof. ., 3. That said Offeror agrees that said offer of dedication shall be; irrevocable and that such a government entity may, at "any time in the future, accept said offer of dedication of the sanitary sewer easement. -. 4. That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on its heirs, legatees, successors and as~ignees. RESOLUTION NO. 3295 . IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. ESJ CENTERS, a limited lia . ity company Date:=>== :;;ll - 98 Print ame and Title: ~'I"'\~~ "?. s.\a.u..~k J ~\.~ r V.~ Date: Print Name and Title: StateofC~ ~ } County of l"l.-') "U"G,.. } On \\t\ O...lJ 2.. \ ,199 ,before me, \1\. ~ , _. Notary Public, p~rsonally appeared ~ . , ~ersonallY known to me or ( ) proved to me on the basis of satisfa evidence to be the person(J) whose name is/are subscribed to the within instrument and acknowledged to me that (i.)heltbey executed the same . in hislhWtheir capacity(ies), and that by hislh8fltheir signature('fio) on the instrument the -person(~ or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. CY\U>u.}. \ .-~~(lA.A:n r i. . ';":I.:':;~. ~ 'f Notary Public \. . ... : - COWA." 1a54444 I ~ .';'0; Notary NJlc - CalIfornia .... z . . SANl'A BARBARA COUNtY I [, MyComm. EJCpIresAPR 11.1999 ...... ........ ..... ..... ....... ......... ...... ....... ...... ...... ........ ...... ..... -. - RESOLUTION NO. 3295 EXHIBIT 'A' SANITARY SEWER EASEMENT That portion of Parcel 4 of Parcel Map AGAL 95- i33 as recorded in Book 51 t Page 83 of Parcel Maps in the City of Arroyo Grande, County of San Luis Obispo, State of California in the Office of the County Recorder in said County being a strip of land 15.00 feet wide, the centerline of which is described as follows: Commencing at the westerly tenninus ofthe course described as "N 81000'07" E, 328.74 feet" of the southerly line of Camino Mercado shown on said Parcel Map, said point being the easterly tenninus of a tangent curve concave to the north and having a radius of 632.00 feet; Thence westerly along said curve through a central angle of 12008'01" and a distance of 133.84 feet to the TRUE POINT OF BEGINNING; Thence leaving said southerly line, S 56038'53" W, a distance of 48.63 feet, Thence N 85018'27" W, a distance of 63.91 feet, Thence N 73024'08" W, a distance of 228.23 feet, Thence S 61017'00" W, a distance of 67.67 feet, Thence S 04041 t33" W, a distance of 340.00 feet, Thence S 23012'30" W, a distance of 302.24 feet Thence S 37023t14" W, a distance of89.63 feet to the northeasterly line of West Branch Street shown on said Parcel Map. The side lines of said 15 foot easement to be extended or shortened to meet at angle points and to tenninate at said southerly line of Camino Mercado and said northeasterly line of West Branch Street. .~~J~~ ~3h8 Ger L. Michael. L.S. 6276 (exp. -3 -98) Date i - - ~RESOLUTION NO. ~295 r -... .N81'OO'07wE 328.74 FEEi I -- ... ... POINT OF I' .........~~ COMMENCEMENT ..~ TRUE POINT ~~~ OF BEGINNING " S6117'OO.W 67.67' .... t) -... ______ I ...."....... - - --............... --- -- D=12"08'Q1w N73"24'08wW 228.23' R=632.00' l=133.84' N8518'27wW 63.91' S56.38'53wW 48.63' S04.41'33.W 340.00' 15' SANITARY SEWER EASEMENT PARCEL 4 WT LINE ADJUSTMENT MAP AGAL 95-188 (51-PM-83) ~ S2312'30wW 302.24' SCALE: 1w=1oo' r23'14wW 89.63' THAT PORll0N OF PARCEL 4 OF PARCEL MAP AGAL 95-133 AS RECORDED IN BOOK 51, PAGE 83 OF \ . PARCEL MAPS IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF , ~ . CAUFORNIA IN ruE OffiCE OF ruE COUNTY RECORDER IN SAID COUNTY, BEING A STRIP OF lAND ~ ~ 15.00 FEET WIDE. I .($)~, rn ~ . ~ , II I. ,-; .R R M D E S I G N G R 0 U P Architecture - Planning - Engineering - Surveying -Interiors - L8ndscapfJ Architecture ~701 ~ntllb Rimera Slreel. San Luis Obispo, California 93401 805/543-1794