HomeMy WebLinkAboutResolution 111-86 ✓ fir+
RESOLUTION NO 111-86
�tirr RESOLUTION OF THE CITY COUNCIL 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 parcels offered for Easement are necessary for the
construction and enlargement of the Sycamore Bridge Crossing; and
WHEREAS , in the interest of the public health, safety and welfare
that the City of Atascadero accept the Offer of Dedication of land by the
ATASCADERO MUTUAL WATER COMPANY
NOW, THEREFORE , the City Council of the City of Atascadero does
resolve as follows
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
Parcels 1 and 2 in Exhibit A, attached herewith, is hereby accepted
2 Pursuant to the acceptance of that real property, 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
1%W the provisions hereof , for in any way arising out of this Offer of
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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 independant 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 independant contractors
This Resolution is passed this 13th day of October
1986
CITY OF ATASCADERO
BY
MARJOR# MACKEY, Mayor
ATTEST " � % -400
BOYD C SHARI:�Z , City lerk
I
CINDY WILKINS , Deputy Clerk
APPROVED AS TO FORM AND CONTENT
/ U
ROBERT MNES , City Attorney
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EXHIBIT A
r.w PARCEL I
i
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° 47' 40" West 170 74 feet to the
True Point of Beginning; thence North 530 47' 40" West 85 00 feet; thence
South 33° 59' 40" East 158 16 feet to a point on the easterly line of said
Lot; thence along said line, South 31° 26 ' East 75 0 feet; thence South
3° 56" West 165 78 feet to the southerly corner of said Lot; thence North
18° 57 ' West 328 08 feet to the True Point of Beginning
Containing 0. 55 acres more or less
PARCEL 2
That portion of Lot 12 of Block F of Amendment "L" to the Map of
Atascadero in said County and State, as shown on the Map recorded in Book
4 of Maps at Sheet 8B in the office of the County Recorder of said County,
described as follows
Beginning at the northeast corner of the land described in Parcel 1 ;
said point being on the line common to said lots 11D and 12; thence along
an existing fence South 5° 30 ' East 143 18 feet to a point on the northerly
line of the lana described in the Deed recorded February 28 , 1931 in Book
102 of Official Records at page 404 ; thence nothwesterly along said northerly
line along a curve concave to the notheast having a radius of 125 feet; a
radial bearing of North 60- 37 ' 03" East and a central angle of 32- 24 ' 42"
an arc distance of 70 71 feet; thence North 3' 02' East 32 15 feet; thence
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North 31`^ 27' West 24 43 feet to the intersection of the westerly line
of said Lot 12; thence North 31° 2Er East 25 35 feet to the True Point
i
of Beginning
Containing 0 03 acres more or less
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RECORDING REQUESTED BY
CITY OF ATASCADERO
.ND WHEN RECORDED MAIL TO
PUBLIC WORKS DEPARTMENT
CITY OF ATASCADERO
P 0 Box 747
ATASCADERO, CA 93423
IRREVOCABLE OFFER OF DEDICATION
ATASCADERO t1UTUAL WATER COMPANY, the undersigned, being the present
Title Owner of Record of the herein described parcels of land, do hereby
make an Irrevocable Offer of Dedication to the CITY OF ATASCADERO , an
Easement for road purposes and to install, maintain, repair, replace ,
enlarge and remove a public bridge and appurtenances on that certain real
property described as Parcel 1 and Parcel 2, in Exhibit A attached hereto
It is understood and agreed that the CITY OF ATASCADERO, and its
successors or assigns shall incur no liability with respect to such Offer
of Dedication and shall not assume any responsibility for the offered parcel
of land or any improvements thereon or therein, until such offer has been
accepted by appropriate action of the City Council, or the local governing
body or its successor or assign
In the event that the CITY OF ATASCADERO accepts this Offer of Dedication
the City agrees to indemnify and hold harmless , the ATASCADERO MUTUAL WATER
COMPANY, its officers , agents and employees from any and all claims , demands ,
damages , costs , expenses or liability occassioned by the use of the afore-
described Easement, 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 independant contractors
directly responsible to the CITY OF ATASCADERO
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The provisions hereof shall inure to the benefit of and be binding
upon the heirs , successors , assigns , personal representatives of the
respective parties hereto
ATAS ,ADERO M/ UAL WATER COMPANY
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DATED 9/30/86 BY
GORDON T DAVIS, Chairman
SECRETARY
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STATE OF CALIFORNIA ) �-
SS
COUNTY OF SAN LUIS OBISPO ) "�
On this 30 day of SEPTEMBER 1986 , before me a
Notary Public, personally appeare • ANFORD and PHOEBE L
MARTIN , personally known to me or proved to me on the asis
of satisfactory evidence to be the person who executed the within
instrument as President and Secretary of the Corporation therein
named and acknowledged to me that the Corporation executed it
NOTARY PUBLIC �l
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