Loading...
HomeMy WebLinkAboutResolution 71-90 g RESOLUTION NO. 71 -90 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO ACCEPTING IRREVOCABLE OFFERS OF DEDICATION OF THREE EASEMENTS FOR ROAD PURPOSES WHEREAS, Three irrevocable offers of dedication of easements for road purposes have been made adjacent to or in the vicinity of Monterey Road bridge at Graves Creek, for public road purposes; and WHEREAS, The easements offered are necessary for the reconstruction of the Monterey Road bridge; and WHEREAS, It is in the interest of the public health, safety and welfare that the City of Atascadero accept the offers of dedication of the easements. NOW, THEREFORE, BE IT RESOLVED THAT: The three irrevocable offers of dedication to the City of Atascadero by Frank, Buriello, and Miller of easements for road purposes on certain real property in the City of Atascadero, County of San Luis Obispo, State of California, described as attached, are hereby accepted. On motion by Councilperson Borgeson , seconded by Councilperson Dexter , the foregoing resolution is passed on the following roll call vote: AYES: Councilmembers Shiers, Borgeson, Nimmo, Dexter and Mayor Lilley NOES: None ABSENT: None ADOPTED: June 26, 90 ATTE LEE DAYKA, C ty Clerk ROBERT B. LILLEY, Mayor APPROVED AS TO FORM: APPROVED A T CONTENT: ART ER R. NTAND GR E City Attorney Director of Public Works RECORDING REQUESTED BY and when recorded please return to: CITY OF ATASCADERO ATTN: CITY CLERK P.O. BOX 747 ATASCADERO, CA 93423 APN #54-032-10 & 54-032-14 ------------------------------------------------------------ THIS OFFER TO DEDICATE, made the 14, 7X day of 5U,,J 1988 by Fred Frank 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 any governmental entity which has the power to establish , construct and maintain roads . NOW, THEREFORE, said Offeror convenants and promises as follows : 1 . That said Offeror is the owner of the following interest described below: Lot 10, Lot 11 and that portion of Graves Creek Reservation No. 4 , all in Block 17 as shown on 3 AC of Maps at Page 17, records of San Luis Obispo County . 2 . That said Offeror does hereby irrevocably and in perpetuity offer to such governmental entity a dedication of a public right-of-way for road purposes and incidental uses upon the following described property : Refer to Exhibit A attached hereto and made a part hereof. 3. That until such time as the above offer of dedication is accepted by such a government entity, all owners of property contiguous to the above described road parcel shall have the right to the use of said road parcel as a private road. 4 . 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 the offer of dedication of the public right-of-way . 5 . 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 9 FRED H. FRANK WANDA M. FRANK NOTARIZED SIGNATURES REQUIRED STATE OF CALIFORNIA ss. s COUNTY OF ��My zzels d&S0a t On this M f4' day of JU. in the year 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared SEAL P91`99FIM44ROW"FRO LMA (or proved to me on the basis of satisfactory evidence)to be the person. whose name& NOTARY Pte_CALM" subscribed to the within instrument,and acknowledged to me that 2heX SAN UNS 001SPO COIMTY executed it. MY COMMMOM EXP.AM27.1942 WITNESS my hand and official seal. ACKNOWLEDGMENT—Geeer&I-Wdcons Form 233CA—Rev.5-82 N ry Public in and for said State. ©i982 WOLCOTTS,INC. (Pru cuss e-2) -* AFW Si-032-10, 1LI Exhibit "A" K � BRIDGE EASEMENT Frank KYT ' A strip of land for construction and maintenance of bridge improvements for Monterey Bridge. That portion of Lots 10 , 11 of block 17 and Graves Creek Reservation No. 4 as shown in Book 3AC of Maps, page 17, recorded October 21 , 191% in the Cit y �of_ Ata scadera, County of San Luis Obispo, < g State of : California more. fully discribed as follows: Beginning at a s in at .. centerline intersection of Monterey Road and the Southerly fi w right-of-way line of San Benito Road; thence continuing along the Westerly extension of said Southerly right-of-way line of San Benito, USouth 63-46 West, 20 feet to its intersection with the Westerly right- - _ of-way line of Monterey Road,said point being the true point of r beginning; thence continuing South 63-qS West to a Point on a line that �s= 10 feet Westerly of,and parallel to the centerline of Mon • tere ., y Roadtt thence . Northerly along said parallel line, to a point on the .. northerly ,- boundary - line of. said lot 10, which is also the southerly boundary line of Graves Creek Reservation No. 'f; thence continuing along : said parallel line, Northerly to point an the most northerly boundary line of said Graves Creek Reservation No.'f , said Northerly s . boundary line having a bearing of North 41-23 East; thence continuing z No to a point on the Southerly right-of-way boundary line of Graves Creek "Road; . ' thence Easterly along last said right-of-way line, to the Westerly right-of-way line of ,Monterey Road; thence Southerly along last said right-of-way line" of Monterey Road, to the true point �✓ Of . beginning; and containing 3310 square feet, more or less, and subject to all legal highways. /+ 0 RECORDING REQUESTED BY and when recorded please return to: CITY OF ATASCADERO ATTN: CITY CLERK P.O. BOX 747 ATASCADERO, CA 93423 APN #49-202-11 ------------------------------------------------------------ THIS OFFER TO DEDICATE, made the `3 day of 1988by Gary Buriello of the County of Bergen, State of New Jersey, 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 any governmental entity which has the power to establish, construct and maintain roads . NOW, THEREFORE, said Offeror convenants and promises as follows : 1 . That said Offeror is the owner of the following interest described below: Lot 42 and Lot 43 of Block 23 as shon in Book 3AC of maps at page 26, records of San Luis Obispo County 2 . That said Offeror does hereby irrevocably and in perpetuity offer to such governmental entity a dedication of a public right-of-way for road purposes and incidental uses upon the following described property: Refer to Exhibit A attached hereto and made a part hereof. 0 3. That until such time as the above offer of dedication is accepted by such a government entity, all owners of property contiguous to the above described road parcel shall have the right to the use of said road parcel as a private road. 4 . 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 the offer of dedication of the public right-of-way . S . 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. Off er�Gary Buriello (Notarized Signature Required) ,APN iS-,202-11 0 Exhibit "A" BRIDGE EASEMENT Buriello A strip of land for construction and maintenance of bridge improvements for Monterey Bridge. That portion of Lots 42 and 43, Block 23, as shown in Book 3AC of Maps, page 26, in the city of Atascadero, in the County of San Luis Obispo, State of California, according to the Deed of Conveyance recorded, September 13, 1940 in Uolume 262, page 306, of Official Records, in the office of the County Recorder of said county, deed document number 5230, more fully discribed as follows: Beginning at a point at the intersection of the centerline of Monterey Road, and the centerline of San Benito Road; thence North 29-54 West, , REe.q feet, along centerline of Monterey Road, to the intersection of the northerly boundary line of Graves Creek Reservation No. 3 and centerline of Monterey Road, said intersection point also being the southwesterly cornea of said lot q3; thence South 68-50 East, along said northerly boundary line, said line also being the southerly boundary line of said lot q3, to a point on the easterly right-of-way line of Monterey Road, said line being a distance of 20 feet from and parallel to centerline of said Monterey Road, said point being the true point of beginning; thence continuing South BB-SO East along said boundary line, to a point 10 feet Easterly of, and parallel to, the easterly right- of-way line of Monterey Road; thence northerly along said parallel line, to a point on the projected centerline of Graves Creek Road, thence Westerly along last said centerline, to a point on the easterly right-of-way line of Monterey Road; thence Southerly along said easterly right-of-way line of Monterey Road, to the true point of beginning; and containing 636.6 square feet, more or less, and subject to all legal highways. 0 RECORDING REQUESTED BY and when recorded please return to: CITY OF ATASCADERO ATTN! CITY CLERK P.Q. BOX 747 ATASCADERO. CA 93423 APN #49-202-12 ------------------------------------------------------------ THIS OFFER TO DEDICATE, made the 29 day of MAACH , 1989 by D.C. Miller 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 any caovernmental entity which has the power to establish . construct and maintain roads . NOW. THEREFORE, said 'Offeror convenants and promises as follows : 1 . That said Offeror is the owner of the following_ interest described below: Portion of Graves Creek Reservation No . 3 In Block 23 as shown in Book 3AC of Maps at Page 26 . records of . San Luis Obispo County . 2 . That said Offeror does hereby irrevocably and in perpetuity offer to such Governmental entity a dedication of a public riaht-of-way for road purposes and incidental uses upon the following described property : Refer to Exhibit A attached hereto and made a part hereof . 3 . That until such time as the above offer of dedication is accepted by such A government entity , all owners of property contiguous to the above described road parcel shall have the right to the use of said road parcel as a -private road. 4 . 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 the offer of dedication of the public right-of-way . 5 . That said Offeror acrrees that this irrevocable and Derr)etual Offer to Dedicate is and shall be binding on his heirs , legatees and assicrnees . IN WITNESS THEREOF. this Offer to Dedicate is hereby executed by the said Offeror on the day and year first above written . Offeror : .C. Miller L X': MILLER (NOTARIZED SIGNATURE REQUIRED) e STATE OF CALIFORNLA 't COUNTY OF SA u 4 u i s L)6 sae } SS. On l?1,ptt(n 1 Q* 14 $ before me, the undersigned, a Notary Public in and for said County and State, Personally apWAnd D • C rn .,11t a A njsL_ ❑personally known to ine 5(proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)A—&—f subscribed to the within ,, OFFICIAL SEAL N instrument, and acknowledged than' executed it. INA Notary V4 Wm7 SAN t.JIS OSISPO COUNT%*�. sipature My OCftlrpw i. Notary Public In and for said County and State FOR NOTARY STAMP 812/0'L �RJIE9�trJf� Q9 Exhibit A Bridge Easement Miller A strip of land for construction and maintenance of bridge improvements for Monterey Road Bridge. That portion of Graves Creek Reservation No. 3, Block 23, as shown in Book 3AC of Maps, page 26, in the City of Atascadero, County of San Luis Obispo, State of California, according to the individual grant deed recorded, October 23, 1978, in volume 2108, page 582, of Official Records, in the office of the County Recorder of said county, deed document number 50123 more fully described as follows: Commencing at the intersection of the centerline of Monterey Road and the centerline of San Benito Road; thence North 29 degrees S4 minutes Test, 191 .2 feet, along centerline of Monterey Road to a point on the northerly boundary line of Graves Creek Reservation No.3; thence South 88 degrees SO minutes East, along said northerly boundary line of Graves Creek Reservation No.3, to the easterly right of way line of Monterey Road, said point being the truepointof beginning; thence continuing South 88 degrees SO minutes East, 11 .7 feet; thence South 29 degrees S4 minutes East, to a point on the northerly right of way line of San Benito Road, being a distance of 20 feet from centerline of said San Benito Road; thence westerly along last said right of way line of San Benito Road, to the easterly right of way line of Monterey Road; thence northerly along last said right of way line of Monterey Road, to the true point of beginning; and containing 1574 square feet, more or less, and Subject to all legal highways.