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HomeMy WebLinkAboutCB 03-171; Thiele, Kevin & Katherine; 2003-0693211; Irrevocable Offer of Dedication IODDOC # 2003-0693211 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 AM OFFICIAl RECORDS W DIEGO I#XINTY RECORDER’S OFFICE GREGORY J. SHITH, COUNTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Assessor’s Parcel No. 156-032-30-00 Documentary transfer tax is $ 0 00 Project No/Name: CB 03-1 71, PR03-15 a ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Thiele Residence - 2350 Pi0 Pic0 Dr. encumbrances remaining at time of sale. ( ) Unincorporated area: (x)City of Carlsbad, and m IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR (@/ PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kevin A. Thiele and Katherine A. Thiele, husband and wife as community property 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:lDeveloprnent ServiceslMasterslDeeds-Grant Deeds-Easementsllrrevocable Offer to Dedicate Real Property for Public Street & Public UUlity Purposes61200 \ 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. It Witness Wh eof, the Grantor has caused this Irrevocable Offer of Dedication to be executed this /#day of MffT ,206’3 . Kevin A. Thiele and Katherine A. Thiele, husband and wife as community property (Grantor) By: I (Signature) Namd Kevin A. Thiele By: r (Signature) Name: Katherine A. Thiele H:/Developrnent ServiceslMasterslDeeds-Grant Deeds-Easementshevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes6/2/00 State of California ) 1 County of San Diego ) gbefore me,Ch& b m;rC ,n&aq Phi ;c On M%I ,am personally appeared &( t? )9 -$ (&fad Wea-tnC IA .rt/lLote % 1 (Date) (Name, Title of Officer) (Name[s] of Signer[s]) , Cl personally known to me -OR - Goved to me on the basis of satisfactory evidence to be the perso@ whose nama-subscribed to the within instrument and acknowledged to me that halsexecuted the same in Me authorized capacity@, and that by h-signaturaon the instrument the perso@), or entity upon behalf of which the persoaacted, executed the instrument. Signature of Notary v (Seal) H:IDevelopment ServicedMasterslDeeds-Grant Deeds-EasemenWlrrevoble Offer to Dedicate Real Property for Public Street & Public Utility Purposes612100 Ex h i bit "A" The property being offered for dedication is the westerly IO feet of the.following described property: All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of Tract 6 and of Olive Drive adjoining said Tract 6 on the West of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1719, filed in the Office of the County Recorder of said County, June 20, 1921, described as follows: Beginning at a point on the Westerly line of said Tract 6, distant North 0°2' West 20.00 feet from the Southwesterly corner of said Tract 6; thence East parallel with the Southerly line of said Tract 6, 178.97 feet to the Southwest corner of that portion of said Tract 6 conveyed by South Coast Land Company, a corporation, to Alice H. Dudley and Orminnie Hight, by deed dated February 17/ 1928 and recorded in Book 1444, Page 306 of Deeds, Records of said San Diego County; running thence North O"2' West parallel with the Westerly line of said Tract 6 and along the Westerly line of the land so conveyed to Dudley and Hight, 437.87 feet to the Northwesterly corner of said land; thence West parallel with the Southerly line of said Tract 6 and the Westerly prolongation of said Southerly line 198.97 feet to a point in the center line of said Olive Drive; thence along said center line of Olive Drive, South 0'2' East 437.87 feet; thence East parallel with said Westerly prolongation of the Southerly line of said Tract 6, a distance of 20.00 feet to the POINT OF BEGINNING. . ~ Assessor's Parcel Number: 15 6-032-3 0 EXHIBIT “B” I I 4 Y 7 4 I 1 4 I o( h z i 11 8 -b 1 J H:V)evelopment ServicesWROJECTSPR FILESPR 03- 15 Thiele Res Pi0 Pic0 Dedication Plat.doc CERTIFICATION OF REJECTION OF IRREVOCABLE OFFER OF DEDICATION This is to certify that the Offer of Dedication, dated $17 1 0 3 from KLu/fl PflD KA-Th/ER/fl€ A- W/dLE to the City of Carlsbad, California, a Municipal Corporation, is hereby rejected by the City Council of the City of Carlsbad, California, pursuant to RaXE57 @E PPPROVAL rn H&OT G55flU75 grantee consents to the rejection thereof by its duly authorized officer. ; and, the /L~RRAINE M. WOOD, gk3-y CLERK v t ‘I REQUEST FOR APPROVAL TO REJECT EASEMENTS OR COVENANTS FOR EASEMENT I en J 2. Project ID No.: C, '&C)3FJi2 I €33 -[ cs 1 3. Map/Drawing No.: APN: --I"> za -- 30 6. Required by: CMC Section: No. Planning Commission Resolution No. City Council Resolution No. Condition of Approval No. City Engineer Determination: 1 f% , #KLO 3 0 (k,) Dated a,/ I a/O1 7. Title Policy Information: cfpf\.\liI-u'?v-\ w e c-J-& (a) Preliminary Title Report by &A T b k aG9-d-k (c) Policy of Title Insurance by Dated I, t (b) Subdivision Guarantee by j")L Dated 8. Subordination Required ( ) YES 60 WHY 1 ~ 9. Comments: - Prepared By: ';f \) Uckn4 &X.-.&ZX Date g/28h3 Project EngineedPlanchecker: vc- La : e-Ld i2--? Date &/&/$$ Deputy City Engineer/Approval: Date H:\Dwelopment SewicesWASTERSF0RM.S -\REQUESTS -\REO APPRVL ACCPT EASEMTS OR COVENENTS.doc Rev. 3/3/00