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Home My WebLink AboutCDP 01-06; Gilbert, Richard Trustee; 2002-1155693; Irrevocable Offer of Dedication IODDOC # 2002-1155693 RECORDING REQUESTED BY 6 AND WHEN RECORDED MAIL TO: w City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 UFICIk REm W DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SnIM~ CIMW RECORDER FEES: 0.00 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 ( ) Unincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. Assessor’s Parcel No. 156-350-05-00 Project No. & Name CDP 01-06 / Gilbert Residence PR 02-1 11 IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Richard T. Gilbert, Trustee of Trust A of the 1985 Gilbert Living Trust Dated August 21, 1985 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. 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 , . H:/Development ServiceslMasterslDees-Grant Deeds-EasemenWlrrevocable Offer to Dedicate Real Property for Public Street 8 Public Utility Purposes6/2MO 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, executors, administrators, successors and assigns. It Witness Whereof, the Grantor has caused this Irrevocable Offer of Dedication to be this 6' 'r/f day of /V&Y L=-s**? & E .fC , 20 a . its heirs, executed Richard T. Gilbert, Trustee of Trust A of the 1985 Gilbert Living Trust Dated August 21, Name: Richard T. Gilbert, Trustee (Type or Print) By: (Signature) Name: (Type or Print) CERTIFICATION FOR ACCEPTANCE OF DEED OFFER TO DEDICATE REAL PROPERTY This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate Real Property dated November 8 , 20 02 , from Richard T. Gilbert, Trustee, to the City of Carlsbad, California, a municipal corporation, IS herky acceptetky &e CI& bounci d pf Tr st A of t 1 85 G'1 ert iv'ng Trust 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. Date: MEN Fk-kbN6TZ istant City Clerk Date: nt City Clerk H:/Development ServiceslMasterdDeeds-Grant Deeds-Easementsllnevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes612100 State of California 1 1 County of San Diego 1 On .$46b?%b4 Y6L before me, &rsu> m-, (Date) (Name, Title of Officer) personally appeared IC- AGO/ G Il&t- (Name[s] of Signer[s]) , Q personally known to me -OR - 4oved to me on the basis of satisfactory evidence to be the person(b whose name({) is/a subscribed to the within instrument and acknowledged to me that he/s e/ ey executed the same in le r signature(s) on the instrument the person( , or t t entity upon behalf of which the person( ) acted, executed the instrument. w I' TNESS my hand and official seal (Seal) H:/Developrnent ServiceslMasterslDeeds-Grant Deeds-Easements/lmvocable Offer to Dedicate Real Property for Public Street & Public Utiliiy Purposes6/2100 ‘ It GOVERNMENT CODE 27361.7 ~ll I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE ... . DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Commission Number: /36143/ Date Commission Expires: 7-7-200 b County Where Bond is Filed: - Manufacturer or Vendor Number: (Located on both sides of the notary seal border) J n ,n Signature: Firm Name (if applicable) Place of Execution: Date: /oZ-z* 2” Rec. Form #R10 (Rev. 7/96) EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY THE EASTERLY TEN (10) FEET OF THE FOLLOWING DESCFUBED REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA: THAT PORTION OF TRACT 7 OF LAGUNA MESA TRACT, ' 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 SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: . COMMENCING AT A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER.OF SAID TRACT 7; THENCE NORTH OOO2' WEST ALONG THE WEST LINE OF SAID TRACT, 905.24 FEET -TO THE NORTHWEST CORNER OF A PARCEL OF LAND CONVEYED TO MARION A. HENRY, BY DEED DATED JANUARY 19, 193 1 AND RECORDED IN BOOK 1865, PAGE 20 OF DEEDS; THENCE NORTH 89O58' EAST ALONG THE NORTH LINE?, OF SAID PARCEL SO CONVEYED TO HENRY, 667.62 FEET MORE.OR LESS TO A POINT IN THE WESTERLY LINE OF OLIVE DRIVE, AS SHOWN ON SAID MAP NO. 1719; THENEB ALONG SAID WESTERLY LINE NORTH 0'02' WEST, ',255.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 0 02 ' EAST, 50.00 FEET; THENCE SOUTH 89O55'45Il WEST 104.30 FEET TO A POINT IN THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO JOSEPH H. BRADFORD, ET UX, RECORDED .IN BOOK 1601, PAGE 263 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE NORTH 34O04'33" EAST (RECORD NORTH 34O02' EAST,) 2.23 FEET TO AN ANGLE POINT THEREIN AND NORTH 4O49' 36" EAST (RECORD NORTH 4O52' . EAST) 48.34 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO GLADYS TOWNSEND, RECORDED FEBRUARY 27, 1947 IN BOOK 2346, PAGE 298 OF OFFICIAL RECORDS; THENCE ALOhlG THE SOUTHERLY LINE OF SAID LAND NORTH 89O55'45" EAST, 98.96 FEET TO THE TRUE POINT OF BEGINNING. LOCATION MAP \ \ I SCALE I" = 15' Y"- 48.34" - - - "-7"- " -- "" "" 9"" I I I I i I i I i I i I- O 12 19 fb I I I I i I i I i I I L PROPOSED RESIDENCE I DRIVEWAY I i I i I i I i I i i I i I I I I 8i v, 0, -1 fb I I I I I PI0 PlCO DR. PROJECT NAME 2323 PI0 PlCO DR. PROJECT NUMBER EXHIBIT A PN 156-350-05 PR02- I I I B AW BY: SCOT EVANS, CARLSBAD EN(TNEERING DEPT. 10/18/02 : \DEMLOPMENT pR(MCTS\PR02-ill.DW