HomeMy WebLinkAboutResolution 2005-092 RESOLUTION NO. 2005-092
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO ACCEPTING A PORTION OF
AN OFFER TO DEDICATE FROM WELLS FARGO BANK,
NATIONAL ASSOCIATION, TRUSTEE
The following resolution is hereby offered and reads:
WHEREAS, Wells Fargo Bank, National Association, Trustee ("Offeror'), is the
successor to certain rights in and to the streets and roads and other places in the City of
Atascadero and, also, in that part of the unincorporated area of the County of San Luis Obispo
("County"), which is adjacent to the City of Atascadero; and
WHEREAS, Offeror has offered to dedicate a public right-of-way for road purposes and
incidental uses in, under, on and over all of the said streets and roads, and a copy of said "Offer
to Dedicate"is attached hereto as Exhibit"A," and
WHEREAS, the City is willing to accept the said offer but only as to those streets and
roads which lie inside of the boundaries of the City of Atascadero.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the
City of Atascadero, State of California, as follows:
Section 1. The City does hereby accept only that portion of the offered public right-
of-way, for road purposes and incidental uses, in, under, on and over that
portion of the property described in the said Offer to Dedicate as lies
inside the boundaries of the City of Atascadero.
Section 2. The City does not by this Resolution accept any of the offered public
right-of-way into the City road or street system and no part of the right-of-
way accepted by this Resolution shall become a city road or street by
virtue of this Resolution.
Section 3. That the City Clerk be, and hereby is, authorized and directed to record a
certified copy of this Resolution in the Office of the County Recorder of
the County of San Luis Obispo.
Section 4. This Resolution shall become effective immediately upon its adoption.
Section 5. The City Clerk shall certify the adoption of this Resolution.
City of Atascadero
Resolution No.2005-092
Page 2 of 2
On motion by Council Member O'Malley and seconded by Council Member
Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, Luna, O'Malley, Pacas and Mayor Scalise
NOES: None
ABSENT: None
ADOPTED: November 8, 2005
CITY OFA 7AD
By:
Wendy calfs , ayor
Attest:
Marcia McClure Torgerson, C. ,
City Clerk
APPRO VSD AS T
Iatric E i , City Attorney
Exhibit
Recording Requested By:
Wells Fargo Bank, Trustee
111 Sutter Street
San Francisco, CA 94163
And When Recorded Mail To:
Jalynne Giles
Andre, Morris & Buttery
1304• Vacific Street
P.O Box 730 .
San Luis Obispo, CA 93406-0730
Space Above.This Line For Recorder's Use
OFFER TO DEDICATE
THIS OFFER TO DEDICATE is made this tsienty second (22) day of
April, 1993, by WELLS FARGO BANK, NATIONAL ASSOCIATION, Trustee
(hereinafter referred to as "Offeror") ; whose address is'111 Sutter
Street, San Francisco, California 94163.
WHEREAS, Offeror Is the successor to the rights acquired by
Anglo-California Trust Company under the deed dated January 13,
1930 by Oscar L. Willett, as Trustee, to Anglo-California Trust
Company, which deed was recorded on March 23, 1931, in Volume 109
of Official Records at page 95 in the Office of the.County.Recorder
of San Luis Obispo (such deed being hereinafter referred to as the
"Blanket Deed") .
WHEREAS, the properties transferred to Anglo-California Trust
Company pursuant to the Blanket Deed•included the fee of certain
actual or proposed streets and roads, inasmuch as the same had been
excepted or reserved in deeds (hereinafter referred to as "'Prior
Deeds") 'recorded prior to the date of recordation of the Blanket
Deed, executed by Oscar L. Willett and/or his predecessors in
interest (referred -to. as th.e "first -darty" in the Prior Deeds) in
favor of various grantees (referred to as the "second party" in the
Prior Deeds) , pursuant to provisions (hereinafter referred to as
"Road Reservations") , which read substantially as follows:
"The fee of each and all streets, roads,
alleys, parks and other places is reserved to
the first party, but the second party shall
have and is hereby granted a license to use
the said reserved places as private streets or
places belonging to the first party, and in
common with other lot and parcelownersof
r said "A•tascadero", under rules and regulations
VOL 4102fir,262
�r
to be adopted.by the first party. The sale or
conveyance of said land by the above
description, or the fact that a map has -been
recorded, shall not be deemed or .construed as
a dedication of any street, alley,, road, park
or other place above mentioned,. and the first
party reserves the sole and exclusive_ right to
make--public dedication thereof. UUpon public
dedication being made by the first- patty such
dedication shall -operate as a conveyance to
the, secbnd party .of the fee to the center of
the street or road undn which the above
described land abuts and 'shallconstitute a
Part of the land hereby -granted, subject,
however, to said easements." (Emphasis
supplied_)
I%W WHEREAS, it is the intent of Offeror that upon recordation of
.this Offer to Dedicate, any fee interest in any actual or proposed
street or road 'now held by Offeror as a successor in interest to
the "first party" so named in any Prior Deed -shall be conveyed to
the "second party" so -named in such Prior Deed, or such second
party's successor in interest, as appropriate, to the center of the
street or road upon Which said land abuts, in accordance with the
terms and conditions of -any Prior Deed, as set forth in any prior
Road Reservation.
NOW, THEREFORE, Offeror does hereby offer a dedication of a
public right-of-Way for road purposes and incidental uses upon the
following described property:
Any and all real property in which Offeror may
have any interest by virtue of its succession
to the rights acquired by Anglo-California
Trust Company under the Blanket Deed and
consisting of any portion of any street, road,
alley, park or other place that was excepted
or reserved in any Road .Reservation in any
Prior Deed.
IN WITNESS WHEREOF, this Offer to Dedicate is hereby executed
by Offeror on the day and year first above written.
WELLS FARGO BANK, NATIONAL ASSOCIATION,
TRUSTEE
By: , _)�r �l r i
Haureen C. McCartin Vice President
By: x--
Jades D. Boydstone, Vice President
�,. 2
vul 4102M.;Z 3
err►'
- 1
STATE OF CALIFORNIA )
ss.-
COUNTY OF San Francisco ).
On the --------22nd _day of April, 1993, before me, -1bui'�
nrnilvrirlc--------------------�- the undersigned Notary ' Public,
personally appeared MAUREEN C. MCCARTIN and JAMES B. BOYnSTON.E,
personally known to me (or proved- to me on the baLis- of
satisfactory evidence) to be the persons.whose names are subscribed
to the within instrument and.acknowledged to me-that they executed
the same in their authorized' capacities, and that by their
signatures on the instrument. the persons, or the entity upon behalf
of which the persons acted; .executed the instrument.
WIT14ESS my han,: and -)fficial seal.
ature bf Notary Public
OFFICIAL SFAL
(seal) JPAMELA BRODERICK -
NoYARY VUaLld-C-1 VORMA
SAX FW.4cisco COUNT
ctpim WAY 29.1991
i I
END OF DOCUMENT VOL 4102wt 264
ANDRE,
PETER R. ANDRE (1918-2000)
MORRIS
MICHAEL J. MORRIS
JAMES C. BUTTERY
& BUTTERY
DENNIS D. LAW
J. TODD MIROLLA
A PROFESSIONAL LAW CORPORATION
SCOTT W. WALL
KATHRYN M. EPPRIGHT
KEVIN D. MORRIS
WILLIAM V. DOUGLASS
JEAN A. ST. MARTIN
LISA LaBARBERA TOKE
MELISSA McGANN BABU
January 3, 2006
BETH A. MARINO
JULIE CASEY MARTINEZ
PHILIP A. MARTINEZ
RYAN M. ARNOLD
1102 Laurel Lane
Post Office Box 730
San Luis Obispo, CA 93406-0730
Telephone 805.543.4171
Facsimile 805.543.0752
Patrick Lee Enright
2739 Santa Maria Way, Third floor
Kronick Moskovitz Tiedemann & Girard Poet Office Box 1430
400 Capitol Mall, 27th Floor Santa Maria, CA 93456-1430
Sacramento, CA 95814-4417 www.amblaw.com
Re: Offer to Dedicate
Dear Mr. Enright:
As you recently requested, enclosed please find a copy of Resolution 93-242, adopted by
the San Luis Obispo County Board of Supervisors, accepting the Offer to Dedicate by Wells
Fargo Bank.
The Resolution was recorded with the original Offer to Dedicate attached, as a single
document, as Document No. 1993-032847.
If you have any questions, please do no hesitate to contact our office.
Very truly yours,
Marion D. McKenna,
Paralegal to Dermis D. Law
/mdm
Enclosure
F:\net\\V\WeIIba03\Ltr\Enright 1-3-06.doc
RECO-Rom REQUESTED BY AND
WHEN RECORDED RETURN TO:
CO. CLERK
Doc No: 1993-032847 Rec No: 38712
Offi=ial Records ;NF 0.00
San Luis Obispo Co. ;
FRAT:CIS M. COONEY
ecor_der ;
Jun 8, 1993 ;
T=me• 13:16.
®® ` J, ;TOTAL 0.00
. 1
IN THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
.. _ ..... -- - T"p day ---------- Ma.g-25--------- 19 -93 --
PRESENT: Supervisors Laurence L. Laurent, Evelyn Delany, Ruth Brackett,'
David Blakely, and Chairperson Harry L. Ovitt
-ABSENT, --- --- - None
RES-OLITTION NO. 93 -24; -
RESOLUTION L=PTING A PORTION OF
AN OFFER OF DEDICATE
The following resolution is hereby offered and read: -
WHEREAS, Wells Fargo Bank, National Association, Trustee
("Offeror"), is the successor to certain rights in and to the
streets and roads and other places in the City of Atascadero and,
also, in that part of the unincorporated area of the County of San
Luis Obispo ("County"), which is adjacent to the City of
Atascadero; and
WHEREAS, Offeror has offered to dedicate a public right-of-way
for road purposes and incidental uses in, under, on and over all of
the said streets and roads, and a copy of said "Offer to Dedicate"
is attached hereto as Exhibit "A", and
WHEREAS, the County is willing to accept the said offer but
only as' to those streets and roads which lie outside of the
boundaries of the City of Atascadero and within the unincorporated
area of the County.
NOW,THEREFORE, BE IT RESOLVED AND ORDERED by the Board of
Supervisors of the County of San Luis Obispo, State of California,
as follows:
1.. The County does hereby accept only that portion of the
offered public right-of-way, for road purposes and
incidental uses, in, under, on and over that portion of
the property described in the said Offer to Dedicate As
lies outside the boundaries of the City of Atascadero and
within the unincorporated area of the County.
2. The -County does no[ by this Resolution accept any of the
offered public richt-of-way 'into the Coun.ty..Road System
and no part of -the right-of-way accepted by this
Resolution shall become a County Road by virtue of this
Resolution.
3. That the County Clerk be, and hereby is, authorized and
directed to record a certified copy of this Resolution irk
the Office of the County Recorder of the County o S;\
Luis Obispo. - (' ^ ,
VOL 41U�°:Ll260
Vz"
RECMVED
JAIN 0 6
KRONICK 1MOSKOVITZ
TIL` EMANN & G."111RARD
Upon motion of supervisor Delany , seconded ,
by Supervisor 19urr'nr , and on t ao owing roll
call vote, to wits
AYESt Supervisors Delany, Laurent, Brackett, Blakely, _
Chairperson Ovitt ]
NOES: None {
ABSENT: Hone
I
ABSTAININGt None r
the foregoing resolution is her by adopted.
e
S
C airman o t e oar o Supervisors
r
ATTEST:
s
i
Cer o the Bo o Supe Iso s
.(SEAL]
APPROVED AS TO FORM AND LEGAL EFFECTI
JAMES B. LINDHOLM, JR.
County Counsel
By • �•� ��"
eeppu --C:71
Counsel
Dat':ed
f (LI q 15
m\catrina\jf\2Std.rs1
STATE OF CALIFORNIA, 1
County of San Luis Obispo,
I, _
---FRANCIS-H-.- COONEY---------------- County Clerk and ex -officio Clerk
of the Board of Supem-isors, in and for the County of San Luis Obispo, State of California, do
hergb,)• certify the foregoing to be a full, true and correct copy of an order made by the Board ;
r, .•Qf uperyisors, as the same appears spread upon their minute Kook.
..
\4�TN1 S my band and the kcal of eaid Board of Supervisors, aMmed this ..------ -- ------ ,
l+,
:dA of --'1---- -June--------- 19 --93
l _ AN . hl. C004EY
---------------------------------------------
Cour V Clerk end Ex-Offlelo Clerk of tba Board
�S�A�� f• )l of supervieora
' fir.. ..•-`,''
By`� "- n �- ----------------
- Ihpaly Clerk
i eo-ue
7L 4i02w,,,261
Recording Requested By:
Wells Fargo Bank, Trustee
111 Sutter Street
San Francisco, CA 94163
And When Recorded Mail To:
Jalynne Giles
Andre, Morris & Buttery
1304 Pacific Street
P.O Box 730
San Luis Obispo, CA 93406-0730
Space Above.This Lina For Recorder's Use
OFFER TO DEDICATE
THIS OFFER TO DEDICATE is made this twenty second (22) day of
April, 1993, by WELLS FARGO BANE, NATIONAL ASSOCIATION, Trustee
(hereinafter referred to as "Offeror") , whose address is '111 Sutter
Street, San Francisco, California 94163.
WHEREAS, Offeror .is the successor to the rights acquired by
Anglo -California Trust -Company under the deed dated January 13,
1930 by Oscar L. Willett, as Trustee, to Anglo -California Trust
Company, which deed was recorded on March 23, 1931, in Volume 109
of Official Records at page 95 in the Office of the County Recorder
of San Luis Obispo (such deed being hereinafter referred to as the
"Blanket Deed").
WHEREAS, the properties transferred to Anglo -California Trust
Company pursuant to the Blanket Deed included the fee of certain
actual or proposed streets and roads, inasmuch as the same had been
excepted or reserved in deeds (hereinafter referred to as "Prior
Deeds") recorded prior to the date of recordation of the Blanket
Deed, executed by Oscar L. Willett and/or his predecessors in
interest (referred to as th.e "first party" in the Prior Deeds) in
favor of various grantees (referred to as the "second party" in the
Prior Deeds), pursuant to provisions (hereinafter referred to as
"Road Reservations"), which read substantially as follows:
"The fee of each and all streets, roads,
alleys, parks and other places is reserved to
the first party, but the second party shall
have and is hereby granted a license to use
the said reserved places as private streets or
places belonging to the first party, and in
common with other lot and parcel .owners of
said "A•tascadero1l, under rules and regulations
1 r..�..v11 .il. .LJ ,• 1
VOL 4102ric, 262
i
to be adopted.by the first party. The sale or
conveyance of said land by the above
description, or the fact that a map has-been
recorded, shall not be deemed or.construed as
a dedication of any street, alley,. road, park
or other place above mentioned,.'and the first
party reserves the sole and exclusive. right to
make public dedication thereof. Upon public
dedication being made by the first party, such
dedication shall operate as a conveyance to
the, second party of the fee to the center of
the _street or road upon which the above
described land abuts and 'shall constitute a
part of the land hereby A ranted subject,
however. to said easements." ' (Emphasis
supplied_)
WHEREAS, it is the intent of Offeror that upon recordation of
this Offer to Dedicate, any fee interest in any actual or proposed
street or road iiow held by Offeror as a successor in interest to
the "first party- so named in any Prior Deed -shall be conveyed to
the "second party" so.named in such Prior Deed, or such second
party's successor in interest, as appropriate, to the center of the
street or road upon which said land abuts, in accordance with the
terms and conditions of any Prior Deed, as set forth in any prior
Road Reservation_
NOW, THEREFORE, Offeror does hereby offer a dedication of a
public right-of-way for road purposes and incidental uses upon the
following described property:
Any and all real property in which Offeror may
have any interest by virtue of its succession
to the rights acquired by Anglo -California
Trust Company under the Blanket Deed and
consisting of any portion of any street, road,
alley, park or other place that was excepted
or reserved in any Road .Reservation in any
Prior Deed.
IN WITNESS WHEREOF, this offer to Dedicate is hereby executed
by Offeror on the day and year first above written.
WELLS FARGO BANK, NATIONAL ASSOCIATION,
TRUSTEE
f3 y
13y:
Maureen C. McCartin Vice president
( i
Janes B. Boydstone, Vice President
1
i
4102 2 3
YCL
STATE OF CALIFORNIA )
ss..
COUNTY OF San Francisco ).
On the — ------22nd day of April, 1993, before me, rPpm la
Rr-1prick _____________________T - the undersigned Notary ' Public,
personally appeared MAUREEN C. McCARTIN and JAMES B_ BOYOSTON.E,
personally known to me (or proved to me on the- bads of
satisfactory evidence) to be the persons.whose names are subscribed
to the -within instrument and. acknowledged to me-that they executed
the same in their authorized- capacities, and that by their
signatures on the instrument the persons, or the entity upon behalf
of which the persons actedi executed the instrument.
WITNESS my hand and official seal.
ature of Notary Public
OFFICIAL SEAL
(seal) JPAMELA BRODERICK
NOTARY PUBLIC - C-%'r%Oa NIA
$N( MANCISCO COUNTY
,.%.�
My c rL apirn MAY 29.19M
PND OF DOCUML•NT V0L 4 i02nG, 204