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R 3296 . RESOLUTION NO. 3296 A RESOLUTION OF THE CITY OF ARROYO GRANDE REJECTING WITHOUT PREJUDICE AN OFFER FOR DEDICATION OF AN EASEMENT FOR PUBLIC STORM DRAIN 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 drainage purposes and 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 drainage purposes and incidental uses without prejudice as to future acceptance. On motion by Council Member RIcls , 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 ~AIN: Council Member Tolley d this 9thday of June ,1998. - Resolution No. 3296 Page 2 ATTEST: '1l~a. ~ NANCY A. ~VIS, CITY CLERK ~PROVED AS TO ~TENT: 1la:1 L, J-ttG \ ROBERT L. HUNT, CITY MANAGER APPROVED AS TO FORM: ~~ TIN} TH~J. C~L, CITYATTORNEY 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. 3296 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 the City of Arroyo Grande affixed this 18thday of June 1998. :11~o..~ NANCY A. A VIS, CITY CLERK RESOLUTION NO. 3296 .... RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Arroyo Grande Community Development Department 214 East Branch Street Arroyo Grande, CA 93420 IRREVOCABLE & PERPETUAL OFFER TO DEDICATE THIS OFFER TO DEDICATE, made the..:1L day of fh4,1 ,..1998, by ESJ CENTERS, a limited liability company, herein-after termed Offeror: WHEREAS, said Offeror desires to make an offer to dedicate, irrevocably, to the public, an easement, for drainage purposes, which offer may be accepted at any time by any governmental entity which has the power to establ~sh, construct and maintain drainage. 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 drainage 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 drainage 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 assignees. - RESOLUTION NO. 3296 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 liability company . Date: S- ~ \ -.~~ e an~ Title: ~e.,<,~ 7, S\o\L~~ ~\'Q(", V.\J. Date: Print Name and Title: State of California\. ~ } County of ~ Q. } On 2 ' ... .1998, before me '.',. Notary Public, ersonally appeared 'r\( . Oc) personally known to me or ( ) proved to me on the basis of satis actory evidence to be.the person(~ .whose name is/af€ subscribed to the within instrument and acknowledged to me that (-s)helthey executed the same in hislhe#their capacity(ie6), and that by hislHefhheir signature(G) on the instrument the person~) or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. ~ L~. .~~ ~~ ........ ~ ~ ~ 'f Notary Public \.. 11 Q.f''':' '. MNNtH^,:U:~~'S ~ :' - CO~R...1. ~ 1054444 . .~ ~ : .0' Notary pUJlic - CoRfomla ,'.~ SANTA BARBARA COUNTY I . . MyComm. ExpIresAPR 11.1999 l................................................................. RESOLUTION NO. 3296 EXHIBIT 'A' DRAINAGE EASENffiNT That portion 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 California in the Office of the County Recorder in said Courity being a strip of land of varying width, the centerline of which is described as follows: Commencing at the westerly terminus of the 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 terminus of a tangent curve concave to the north and having a radius of 632.00 feet; Thence westerly along said curve through having a central angle of 13037'55" and a distance of 150.37 feet to the TRUE POINT OF BEGINNING; Thence leaving said southerly line, S 56038'53" W, a distance of 31.70 feet, Thence N 75022'25" W, a distance of 328.28 feet, Thence S 48043'08" W, a distance of 104.05 feet, Thence S 04042'45" W, a distance of 348.53 feet, to Point A. Thence N 86010'39" W , a distance of 122.72 feet to Point B, Thence N 86010'39" W, a distance of 35.00 feet to Point C. The drainage easement from TRUE POINT OF BEGINNING to Point A being 15.00 feet wide, from Point A to Point B being 20.00 feet wide and from Point B to Point C being 40.00 feet wide. The side lines of said easement shall be extended or shortened to meet at angle points with said easement side lines. The side lines shall be extended or shortened to meet at angle points and to terminate at the southerly line of Camino Mercado. ~f.~ ~/h6' Date Gerald L. Michael L.~. 6276 (exp. -98) ....- - ..-- RESOLUTION NO. 3296 ~~ "N81-o0'07-E 328.74 FEEl / " -- -- -- POINT OF I I ~~~O COMMENCEMENT I I ..~ TRUE POINT ~~4bo" OF BEGINNING I .......... '------ I I ~ - ---- - ~-- I --- , 0=13'37'55- R=632.00' \ \ L=150.37' 15.00' \ \ S56'38'53-W 31.70' \\ \\ \\ \\ \ S04'42'45-W 348.53' \ \ \ \ POINT 'c' _J.J ~ -- -- -- 40.00' POINT 'B' -- -- - - POINT'~__-:J--- I -- -- - -- -- 20.00' - EXIST. DRAINAGE SCALE: 1"=100' N8610'39"W 122.72' EASEMENT N8610'39"W 35.00' PARCEL 4 LOT LINE ADJUSTMENT MAP AGAL 95-133 (51-PM-83) 1HAT PORll0N OF PARCEL 4 OF PARCEL MAP AGAL 95-133 AS RECORDED IN BOOK 51. PAGE 83 OF PARCEL MAPS IN 1HE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STAlE OF CAUFORNIA IN 1HE OffiCE OF 1HE COUNTY RECORDER IN SAID COUNTY, BEING A STRIP OF LAND 15.00 FEET WIDE. II I R R M D E S I G N G R 0 U P Architecture · Pl81lIling · EngiIJeering · SurveyjDg · Interiors .l8.ndscape Architecture 3701 Soulh Higuera Slreel, San Luis Obispo, California 93401 805/543-1794 - '\\ EXIST. DRAlNAGE~ \ , EASEMENT \ \ PROPOSED DRAINAGE \ \ \ EASEMENT \ PROPOSED BUILDING , \ \ " .......-" \\, ---(- " }\ " -- ::J\ " --- -- ..J " -- ---- " -- -- ~ - -- - I "--- -- --- EXIST. SEWER _- _-- _ EASEMENT -- --- -- EXIST. RElENSION / / / / _ - - BASIN EASEMENT 1 / / . / / // / / / / / / / / PROPOSED SE'M:R / / . EASEMENT / / / P.ARCEL 4 \ / // // LOT 1JNE ADJUSTMENT MAP AGAL 95-183 / / / (51-PM-83) <( / " ~ . ,~, ~' ~ ~~~~ ~, , , ~ '---..........., .".. .".. ----- - - . '~ II ~'-~--- R R M D E S I G N G R 0 U P Architecture · Pl8I111ing - Engineering · Surveying -Interiors - Landscape Architecture t:t'10f C1nll.h Jtimll>rJl ~trf\l't ~;tn tills Obisoo, C8lifornia 93401 605/543-1794