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HomeMy WebLinkAboutResolution 16-90 RESOLUTION NO. 16 -90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR ROAD PURPOSES WHEREAS, The Atascadero Mutual Water Company has granted to the City of Atascadero an irrevocable offer to dedicate an easement for road purposes, including the installation, maintenance, repair, replacement, enlargement and removal of the Sycamore Bridge and appurtenances, on adjoining land to the Sycamore Bridge; and WHEREAS, The parcel offered for easement is necessary for the construction and enlargement of the Sycamore Bridge; and WHEREAS, it is in the interest of the public health, safety and welfare that the City of Atascadero accept the offer of dedication of an easement by the Atascadero Mutual Water Company. NOW, THEREFORE, BE 3T RESOLVED THAT: 1. The irrevocable offer of dedication to the City of Atascadero by the Atascadero Mutual Water Company of an easement for road purposes, and to install, maintain, repair, replace, enlarge and remove a public bridge and appurtenances on that certain real property in the City of Atascadero, County of San Luis Obispo, State of California described as follows, is hereby accepted. An easement for road purposes and to install, maintain, repair replace, enlarge and remove a public bridge and appurtenances on that portion of Lot 11D of Pine Mountain Park of Amendment "H" to the Map of Atascadero in the county of San Luis Obispo, State of California, as shown on the Map recorded in Book 4 of Maps at Sheet 81A in the office of the county Recorder of said County, described as follows: Commencing at the northerly corner of said lot 11D; thence along the northwesterly line of said Lot South 53 degrees 47' 40" West 170 .75 feet to the True Point of Beginning; thence North 53 degrees 47' 40" East 85. 00 feet; thence South 42 degrees 44' 31" East 149.50 feet to a point on the easterly line of said Lot; thence along said line, South 31 degrees 26' West 100 feet; thence South 3 degrees 56' West 165.78 feet to the southerly corner of said Lot; thence North 22 degrees 21' 14" West 311. 84 feet to a point on the Westerly side of said lot that bears South 28 degrees 52' West 25' from the True Point of Beginning; thence North 28 degrees 52' East 25' to the True Point of Beginning. ' Containing 0 .66 acres more or less. RESOLUTION NO. 16-9 cont.'d) 2. Pursuant to the acceptance of that easement, the City of Atascadero hereby agrees to defend, indemnify and save harmless the Atascadero Mutual Water Company, its officers, agents and employees from any and all claims, demands, damages, costs, expenses, or liability occasioned by this offer of dedication, and the acceptance thereof, and the provisions hereof, for in any way arising out of the offer of dedication, including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of the City, its agents, employees or independent contractors directly responsible for the City of Atascadero; provided further the foregoing shall apply to any wrongful acts, or any actively or passively negligent acts or omissions to act, committed jointly or concurrently by the City of Atascadero, its agents, employees or independent contractors . On motion by Councilperson Mackey , seconded by Councilperson Shiers , the foregoing resolution is passed on the following roll call vote: AYES: Councilmembers Lilley, Borgeson, Mackey, Shiers and Mayor Dexter NOES: None ABSENT: None ADOPTED: 2/13/90 ATTEC �(r —� , Cit Clerk IN DEXTER, Mayor LEE DAYKA APPROVED AS TO FORM: APPROVED AS TO CONTENTS h 4. ,, =0\ ARTHER R. MON ANDO HENRYENGON City Attorney Director Go ty Developmen RECORDING REQUESTED BY: and when recorded please return to: CITY OF ATASCADERO Engineering Division 6500 Palma Avenue, Atascadero, CA 93422 THIS OFFER TO DEDICATE, made the 7-,—W day of February, 1990, by The Atascadero Mutual Water Company, 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, for public road purposes, which offer may be accepted at any time by the City of Atascadero for road purposes, including the installation, maintenance, repair, replacement, enlargement and removal of the Sycamore Road Bridge, over Atascadero Creek, and appurtenances. NOW, THEREFORE, said Offeror covenants and promises as follows: 1 . That said Offeror is the owner of the following interest described as follows: An easement for road purposes and to install, maintain, repair replace, enlarge and remove a public bridge and appurtenances on that portion of Lot 11D of Pine Mountain Park of Amendment "H" to the Map of Atascadero in the county of San Luis Obispo, State of California, as shown on the Map recorded in Book 4 of Maps at Sheet 81A in the office of the county Recorder of said County, described as follows: Commencing at the northerly corner of said lot 11D; thence along the northwesterly line of said Lot South 53 degrees 47' 40" West 170.75 feet to the True Point of Beginning; thence North 53 degrees 47' 40" East 85.00 feet; thence South 42 degrees 44' 31" East 149.50 feet to a point on the easterly line of said Lot; thence along said Line, South 31 degrees 26' West 100 feet; thence South 3 degrees 56' West 165.78 feet to the southerly corner of said Lot; thence North 22 degrees 21' 14" West 311.84 feet to a point on the Westerly side of said . lot that bears South 28 degrees 52' West 25' from the True Point of Beginning; thence North 28 degrees 52' East 25' to the True Point of Beginning. Containing 0.66 acres more or less. r 2 . That said Offeror does hereby irrevocably and in perpetuity offer to the City of Atascadero a dedication of a public right-of-way for road purposes and incidental uses upon the property described above. 3. That said Offeror agrees that said offer of dedication shall be irrevocable and that the City of Atascadero may, at any time in the future, accept the offer of dedication of the public right-of-way. 4 . That said Offeror agrees that this irrevocable and perpetual Offer to Dedicate is and shall be binding on his heirs, legatees and assignees. IN WITNESS THEREOF, this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written. BOB HAMILTON Atascadero Mutual Water Company RgtGEIVA. VIERRA, PRESIDENT Atascadero Mutual Water Company MEMO OF RECORD SUBJECT: Right of Way Acquisition PROJECT: Sycamore Road Bridge No. 49C-157 Date: February 3, 1990 The Atascadero Mutual Water Company hereby waives any right to just compensation for the easement being acquired by the City of Atascadero as referred to in: RESOLUTION 16 -90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION OF AN EASEMENT FOR ROAD PURPOSES The Atascadero Mutual Water Company is fully aware of such rights and further requests that no expense be incurred by the City of Atascadero for the preparation of any appraisal of said easement regarding such compensation. It is understood and agreed that the easement conveyed by the above referenced resolution is being donated to the City of Atascadero by the Atascadero Mutual Water Company. The Grantor, having initiated this donation, has been informed of the right to compensation for the easement donated and hereby waives such right to compensation. A-6-100,/---O� BOB HAMILTON Atascadero Mutual Water Company WGE4R . VIERRA, PRESIDENT Atas deco Mutual Water Company i