HomeMy WebLinkAboutCB 02-2949; Taylor, Richard & Kathleen; 2003-0693210; Irrevocable Offer of Dedication IODDOC # 2003-0693210
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City Clerk CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
JUN 12:. 2003 8:37 OM
DFFICIPk RECORDS W DIEGO COUNTY RERRDER’S OFFICE GREGORY J. SnITHi COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER’S USE
The undersigned grantor(s) declare(s): Assessor’s Parcel No. 156-052-1 5-00
Documentary transfer tax is $ 0.00 d/M Project No/Name: CB 02-2949, PR03-14
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and
( ) Unincorporated area: (x) City of Carlsbad, and
Taylor Residence (2398 Spruce Street) Forest
Avenue Dedication
encumbrances remaining at time of sale.
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR
PUBLIC STREET AND PUBLIC UTILITY PURPOSES
0 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, @ Richard Taylor and Kathleen Taylor, husband and wife as joint tenants
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, 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 consisting of one (1) page, attached hereto
and made a part hereof. Exhibit “B” consisting of one (1) page 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 (IO’) 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.
H:/Development ServiceslMasterslDeeds-Grant Deeds-Easementdlrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes6/2/00
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
of California and may only be accepted by resolution of the City Council of the City of Carlsbad.
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.
ereof, the Grantor has caused this Irrevocable Offer of Dedication to be executed
day of ,20 03 .
Richard Taylor and Kathleen Taylor
husband and wife as joint tenants
(Grantor)
(Signature) f
Name: Richard Taylor
By: I /<mb
Name: Kathleen Taylor
(Signature)
H:/Development SetviceslMastedDeeds-Grant Deeds-Easementsllrrevocable Offer to Dedicate Real Properly for Public Street & Public Utility Purposes612100
.'
State of California 1
) County of San Diego 1
On Fda$ &a3 before me, JI,&,L QaKefi I
(Name, Title of Officer)
personally appeared R:c kd %crluR d
(Natd[s] of Signer[s])
, a --- -OR - bi( proved to me on the basis of satisfactory
evidence
to be the perso@ whose nama is/@ subscribed to the within instrument and
acknowledged to me that he/she/@ executed the same in hidher- authorized
capacity@ and that by his/her/@signatur&) on the instrument the persoa or
entity upon behalf of which the personaacted, executed the instrument.
WITNESS my hand and official seal
A
Signature of FMtary (Seal)
H:/Development ServiceslMasterslDeeds-Grant Deeds-EasemenWIrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes6/2/00
EXHIBIT A
The property being offered for dedication is the southerly 10 feet of the following
described property:
The westerly 114.00 feet of the southerly 140.00 feet of the following described land:
That portion of Cedar Hill Addition to the Town of Carlsbad, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 532, filed in the
Off ice of the County Recorder of San Diego County, April 25, 1880, and of Spruce
Street, now vacated and closed to public use described as follows:
Beginning at the Northeast corner of Tract No. 6 of Laguna Mesa Tracts, according to
map thereof No. 171 9, filed in the Office of the County Recorder of San Diego County,
June 20, 1921 ; thence along the east line of said Tract 6, south 121 6.40 feet to the
southwest corner of that parcel of land described in deed to Roy F. Lennon and wife,
recorded December 19, 1949 as File No. 1 17982 in Book 3434, page 158 of official
records, being the true point of beginning; thence continuing along said east line of
Tract 6, south 259.74 feet to the south line of said addition; thence along said south line
east, 366.00 feet to the southwest corner of that parcel of land described in deed to
E.B. Sutton and wife, recorded October 5, 1944 as File No. 74265 in Book 1754, page
175 of official records; thence along the west line of said land, north 259.74 feet to the
southeast corner of said and described in deed to Lennon; thence along the southerly
line of said land west, 366.00 feet to the true point of beginning.
Excepting there from that portion described as follows:
Beginning at the east line of Tract No. 6, Laguna Mesa Tract, map No. 1719, distant
thereon north 0’01’04’’ east, 20.00 feet from the southwest corner of said tract, being
the true point of beginning; thence north O”01’04 west, 89.98 feet to the point of
beginning of a 20.00 foot radius curve concave northeasterly; thence counter clockwise
along said curve through a central angle of 90°”’07” an arc distance of 31.43 feet;
thence south 0’01’13” east 10.00 feet; thence south 89’58’47” west, 50.02 feet to the
true point of beginning.
Assessor‘s Parcel Number: 156-052-1 5-00
HYDevelopment SetviceslMasterslDeeds-Grant Deeds-Easementsnrrevocable Offer to Dedicate Real Properly for Public Street 8 Public Utilii Putposes6/2/00
r
CERTIFICATION OF REJECTION OF
IRREVOCABLE OFFER OF DEDICATION
This is to certify that the Offer of Dedication, dated flu 5) d 00 3 from
RxMr?D Vy&fM D Kfh4 KGd al’h&o the City of Carlsbad, California, a Municipal
Corporation, is hereby rejected by the City Council of the City of Carlsbad, California, pursuant
to &$5557 JZP. PPf?! VAL n> ,&ZJ&~T/G4S&fl~fl75 ; and, the
grantee consents to the rejection thereof by its duly authorized officer.
D,~RRAINE-M. WOOD, C~RK’ $/
REQUEST FOR APPROVAL TO REJECT
EASEMENTS OR COVENANTS FOR EASEMENT
City Manager App Date b
-?A : c+c-- * 1. Project Name:
5 O?,
2. Project ID No.: C c/~~qq=cs, or3--pj /
6. Required by: I CMC Section: NO. /R.'/o,-~~
Planning Commission Resolution No.
City Council Resolution No.
Condition of Approval No.
City Engineer Determination:
7. Title Policy Information: -~YI \I ec&$, c4~ --rttie ii
Dated // I T/b 3
Dated I ")' (a) Preliminary Title Report by r3cmts %-Cd ';u~h (&~~j
(b) Subdivision Guarantee by
(c) Policy of Title Insurance by Dated fr'
8. Subordination Required ( ) YES (. 0 WHY
1
6
I
9. Comments:
I
Project EngineedPlanchecker: d ' .Ybc hVcFL.3 13 -2-
Deputy City Engineer/Approval: Date
Date ~5-/28 h
H:\Dwelopment SewicesWASTERSFORMS -\REQUESTS -\REO APPRM ACCPT EASEMTS OR COVENENTS.doc Rev. 3/3/00