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Home My WebLink AboutReso 53-15RESOLUTION NO. 53-15 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ACCEPTING AN OFFER OF DEDICATION OF AN EASEMENT FOR PUBLIC PEDESTRIAN PURPOSES ALONG THE EAST FRONTAGE OF MAIN STREET AT 505 WALNUT STREET THE CITY COUNCIL City of Morro Bay, California WHEREAS, a Building Permit is pending, and Regular Coastal Development Permit, CPO- 417 was issued to construct at 505 Walnut Street; and WHEREAS, the east frontage of Main Street at 505 Walnut Street requires an offer of dedication to the City for public pedestrian easement purposes; and WHEREAS, the Owners, Harry M. and Marilyn L. Wammack have made an irrevocable and perpetual offer to dedicate the required easement to the City; and WHEREAS, it is in the public interest to accept the offer. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Morro Bay that the attached offer of dedication is hereby accepted on behalf of the public. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 14t' day of July 2015 by the following vote: AYES: Irons, Headding, Johnson, Smukler NOES: None ABSENT: Makowetski JAM7 IRONS, Mayor 1 V TOMMY GONG ASK San Luis Obispo County—Clerk/Recorder W0712015 Recorded at the request of 11:27 AM Public RECORDING REQUESTED BY: and D 0 C # : 2015040327 Titles: 1 Pages: 5 WHEN RECORDED MAIL TO: City' of Morro Bay Public Services Fees 0.00 955 Shasta Avenue Taxes 0.00 Morro Bay, CA 93442 Others 0.00 PAID $0.00 OFFER OF DEDICATION (for streets and highway purpose) A.P.N. 066 - 253 - 006 For a valuable consideration, receipt of which is hereby acknowledged, Harry M. Wammack III and Marilyn L. Wammack, Trustees, The Wammack Family Trust dated January 26,2013, the undersigned, being present fee title owner(s) of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the City of Morro Bay and its successors or assigns, for street and highway purposes, the real property situated in the City of Morro Bay, County of San Luis Obispo, State of California, as described in EXHIBIT "A" and shown on EXHIBIT "B" attached hereto. It is understood and agreed that the City of Morro Bay 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 of Morro Bay. The provisions hereof shall insure to the benefit of and be binding upon heirs, successors, assigns and personal representatives of the respective parties hereto. IN WITNESS WHEREOF, these presents have executed this instrument this I day -of --y 201s .. mm/, / By:l vV 7�7(P Ha M. Waack 111, Trustee Ha/M Date 201S By:� Marilyn L. Wammack, Trustee NOTARY PUBLIC CERTIFICATE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate -is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On 22 Cq before me, iZfi-\F oL- iznAo lRsuc personally appe ed Aw o proved to me A the basis of satisfactory evidence to be the person(s) whose name(s) ` e subs ibed to the within instrument and acknowledged to met to he/they executed the same in�i�'her/their authorized capacity(ies), and that by, is er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the pe on(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. t*P AE1 AZIZ Commission # 2057744 WITNE official seal. rA -v Notary Public -California Z San Diego County Comm Ex iras Feb 13, 2018 NOTARY PUBLIC CERTIFICATE A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On personally appeared A4 —t - L jt1 L_ basis of satisfactory evidence to be the instrument and acknowledged to me th authorized capacity(ies), and that by hi the entity upon behalf of which the per _before me, �,4P iT.w%��Bc/� who proved to me on the ;o whosen me(s) name(s) a subscrib to the within e hey executed the same in hi er eir r eir signatures) on the instrume a person(s), or s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m h nd d official seal. Ga7 RAPHAEL AM Commission # 20677444 Notary Public - California z San Diego County it@ —MY Comm. Expires Feb 13, 2016 Job No. 1831 May 02, 2015 EXHIBIT "A" Offer of Dedication The southwesterly five foot of Lot 6 in Block 3 of Morro Rock Park, in the County of San Luis Obispo, State of California according to the map recorded March 04, 1924 in Book 3 of Maps, at Page 36, in the County Recorder's Office of said County. See Exhibit `B" attached END OF DESCRIPTION ,V� 1 _ Danny F. Horn LS 4562 exp. 09-30-2016 NO SURG� -DANNY F. O� HORN No.4.562 \� Exp.09-30-2016 Q C A�\F�// RECEIVED MAY 0 6:,2015 City of Morro Bay Community Development Dept. EXHIBIT )f B RECEIVED Prepared.' by: MAY 0,9`2 15 Dann F. Horn City of Mom g 25' 25' Lice ed Land Surveyor Community Develo may 566 Spring Street errt Dept Paso Robles, CA 93446 25' (805) 239-0355 • 3 �0 8 3 W 7 4 5 Offer of Dedication 5 6 5 ` WALNUT STREET BLOCK 8 9 LAND Sept, 30. 2016 No. 4562 GRAPHIC SCALE ' 20 0 20 40 80 ( IN FEET 1 inch = 40 ft. CERTIFICATE OF ACCEPTANCE (Government Code, Section 27281) THIS IS TO CERTIFY the CITY OF MORRO BAY, a municipal corporation, Grantee herein, acting by authority granted by Resolution No. 53-15, hereby accepts for public purposes the real property, or interest therein, conveyed by the within deed and consents to the recordation thereof by its duly authorized officer. IN WITNESS WHEREOF, I have hereunto set my hand and the City's official seal has been affixed, this 511 day of Aula s , 201 THE CITY OF MORRO BAY, a municipal corporation I ..,00� tr & By: WgA22� V'r David Buckingham, City Manager a s t•r t=',r