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