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Home My WebLink AboutCDP 06-01; Burchfield Family Trust 1992; 2009-0208989; EasementRECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 4063 DOC# 2009-0208989 APR 23, 2009 9:07 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 0.00 OC: NA PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and PR 09-03 Assessor's Parcel No. 203-140-07 Project ID: Project Name: 2627 OCEAN ST BURCHFIELD Related Project ID: Related Project ID CB 08-2198 CDP 06-01 IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BURCHFIELD FAMILY 1992 TRUST, hereinafter designated Grantor, represents that they are the owners of the hereinafter described real property in the City of Carlsbad, County of San Diego, State of California, and for a valuable consideration, hereby makes an Irrevocable Offer of Dedication to the City of Carlsbad, a Municipal Corporation hereinafter designated Grantee, its successors and assigns, an easement and right-of-way upon, through, under, over and across the hereinafter described real property for the following purpose: AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES The real property referred to above is situated in the City of Carlsbad, County of San Diego, State of California and is described in Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. The Grantor hereby further offers to the City of Carlsbad the privilege and right to extend and access drainage structures, excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said street and utilities. Access rights for drainage structures shall extend a minimum of seven feet (7.0') on either side of pipe outside diameter or outerwalls of box structures and ten feet (10') beyond all inlet and outlet structures, including rip rap fields. RESERVING unto Grantor of the above described parcel of land, his successors, or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street and utilities. BURCHFIELD.doc 4064 This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted by resolution of the City Council of the City of Carlsbad or as authorized by Carlsbad Municipal Code Chapter 11.04.050. This Offer of Dedication may be terminated and the right to accept the offer may be abandoned in accordance with the summary vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the City Council of the City of Carlsbad. This Offer of Dedication shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. It Witness Whereof, the Grantor has caused this Irrevocable Offer of Dedication to be executed this o??^ day of BURCHFIELD FAMILY 1992 TRUST (Grantor) ( s/> . tr MBy: (Signature) Name: MARILYN J. BURCHFIELD (Type or Print) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) Page 2 BURCHFIELD.doc Page 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4065 State of California Date personally appeared / Here Insert Name and Title of the Officer* Nalhe(s) of Signer(s) RUTH BELLAH * Commission # 1632813 i Notar/ Public • California f / Frssno County f My Camm. Expire* Jen 21,2010? who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(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. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. Document Date:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^_^ D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 National Notary AssociatkDn-9350 DeSotoAve., P.O.Box 2402-Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5907 Reorder.CallToll-FrBe 1-800-876-6827 BURCHFIELD.doc EXHIBIT "A" 4066 The property being offered for dedication is the Northwesterly 5 feet of the following described property: Lot 8 in Block "A" of the Hayes Land Company addition to Carlsbad, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1221, filed in the Office of the County Recorder of San Diego County, November 4, 1909. Except that portion, if any, lying below the ordinary high tide of the waters of the Pacific Ocean. Assessor Parcel No. 203-140-07 BURCHFIELD.doc LOCATION MAP 4067 OCEAN STREET 5' DEDICATION N36-W I trf- ^ ^ \\ ^ M^HTil kur*!§ SC/^Lf 1" = 20'25' PROJECT NAME 5'RIGHT-OF-WAY DEDICATION BURCHFIELD RESIDENCE PROJECT NUMBER PR09-0$ EXHIBIT B DfMHN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 1/28/09 C: \PEVELOPUENT PROJECTS\PR\PR09-IU.D»G 4068 CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION This is to certify that the interest in real property conveyed by the OFFER OF DEDICATION, dated January 29, 2009, from Burchfield Family 1992 Trust, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: April 17, 2009 SHERRY FREISIN^R, Deputy Clerk GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Ruth Bellah Commission Number: 1632813 Date Commission Expires: 1/21/10 County Where Bond is Filed: Fresno County Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 4/17/09 Rec. Form #R10 (Rev.7/96)