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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 -1- 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 -2- r 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 -1- 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 -2- } c c 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 -1- 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 wj DATED 9/30/86 BY GORDON T DAVIS, Chairman SECRETARY 4 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 -2- kXH1,61T A Xo -i �-�--��-- r � � , (( / 'J'' t. �{ ►"'fir"�� � � A �� \ PA