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Home My WebLink AboutPR 09-11; Williams, Eric K; 2009-0149892; EasementRECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 (of ocrvt DOC# 2009-0149892 MAR 25, 2009 2:06 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L Ei LI T LE R. CO U N T Y R E CO R D E R 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 Assessor's Parcel No. Project ID: Project Name: Residence 155-272-10 PR090011 Williams Related Project ID: Related Project ID CB090150 IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Eric K. Williams hereinafter designated Grantor, represents that he is the owner 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. This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State PR090011-WILLIAMS RESIDENCE.doc 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 <£ ^ day of w * <- * L , 20 <?9 Eric K. Williams {Grantor) (Signature) Name: Eric K. Williams (Type or Print) By: / (Signature) Name: / (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 PR090011-WILLIAMS RESIDENCE.doc EXHIBIT "A" LEGAL DESCRIPTION LAGUNA DRIVE DEDICATION ALL THOSE PORTIONS OF LOTS 1, 2, 3 AND OF THE ALLEY LYING WITHIN BLOCK 9 OF SUNNY SLOPE TRACT OF CARLSBAD, IN THE CITY OF CARLSAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 486, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1888, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF LOT 19 OF KNOWLES PARK, ACCORDING TO THE MAP THEREOF NO. 3382, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 24, 1956, DISTANT THEREON NORTH 89°43' WEST, 133.48 FEET FROM THE SOUTHEASTERLY CORNER OF SAID LOT 19, BEING THE NORTHWESTERLY CORNER OF LAND DESCRIBED IN DEED TO ARTHUR E. BUCKNER, RECORDED FEBRUARY 18, 1958, IN BOOK 6955, PAGE 366 OF OFFICIAL RECORDS; THENCE ALONG THE WESTERLY LINE OF SAID BUCKNER'S LAND, SOUTH 0°17' WEST, 132.24 FEET, MORE OR LESS, TO A POINT ON A LINE 30.00 FEET NORTHERLY OF AND PARALLEL TO THE CENTERLINE OF LAGUNA DRIVE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE, NORTH 89°57' WEST, 22.68 FEET TO A POINT DISTANT 20.00 FEET, MEASURED AT RIGHT ANGLES, FROM THE BOUNDARY OF SAID KNOWLES PARK, SAID POINT BEING THE BEGINNING OF A 20-FOOT RADIUS TANGENT CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°14' A DISTANCE OF 31.47 FEET TO A POINT ON SAID BOUNDARY OF KNOWLES PARK, SAID BOUNDARY ALSO BEING THE EASTERLY RIGHT OF WAY OF DAVIS AVENUE; THENCE ALONG SAID BOUNDARY, SOUTH 0°17' WEST, 2.70 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 25.00 FEET; THENCE CONTINUING ALONG SAID BOUNDARY SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90° A DISTANCE OF 39.27 FEET TO THE INTERSECTION WITH THE SOUTHERLY LINE OF LOT 1 IN SAID BLOCK 9; THENCE SOUTH 89°43' EAST ALONG THE SOUTHERLY LINE OF LOT 1 AND ITS EASTERLY PROLONGATION, A DISTANCE OF 18.09 FEET, MORE OR LESS, TO THE SOUTHWESTERLY CORNER OF SAID BUCKNER'S LAND; THENCE ALONG THE WESTERLY LINE OF SAID BUCKNER'S LAND, NORTH 0°17' EAST, 7.76 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. APN: 155-272-10 IDPI G L__4.k' 11 ^-1 II r— 14*1— 8 - B.f UJ * N6"T43'00"W 42.73' -3-5 •M1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On •fhAWh(f.£()Cfl before me, Date personally appeared _ , foifiYuHere Insert Name and Title of the* Officer ' Name(s) of Signer(s) BETSY K. LIEBERMAN \ COMM. #157*650 m N*tory Public-California J2 SANBEGOCOUNTY •* My Comm. Exp. June 4,2009 I who proved to me on the basis of satisfactory evidence to be the person(s^f whose namefe) is/ate' subscribed to the within instrument and acknowledged to me that he/sbe/lbey executed the same in his/i)et^beir authorized capacity(iesf, and that by his/her/their signature(s)ron the instrument the person(sV or the entity upon behalf of which the person(sf 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 my hand and official seal. Place Notary Seal Above Signature {jJj OPTIONAL Signature of Notary Public Though the information below /s 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: .. Number of Pages:. 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: RIGHT THUMBPRINTOF SIGNER Top of thumb here Signer Is Representing:. 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:. RIGHTTHUMBPRINTOF SIGNER Top of thumb here ®2007NationalNotaryAssociation'9350DeSotoAve.,P.O.Box2402'Chatsworlh,CA 91313-2402-www.NationalNotary.org ltem#5907 Reorder Call ToU-Free 1-800-876-6827 IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR PUBLIC ST S PUBLIC UTILITY PURPOSES rev 9-23-08.doc CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated March 6, 2009, from Eric K. Williams, 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: March 20. 2009 /SHERRY FREISINGER\£eputy Clerk (SEAL)