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HomeMy WebLinkAboutCDP 06-25; ; 2009-0285548; Irrevocable Offer of Dedication IOD'tr, RECORDED AT THE REQUEST OF CHICAGO TITLE COMPANY •SUBDIVISION DEPT RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008\£ 12899 DOC# 2009-0285548 MAY 28, 2009 4:07 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 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: 155-140-37-00 155-140-38-00 GDP 06-25 Hagey Residence Related Project ID: Related Project ID PR 08-43 IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR A15 FOOT WIDE LATERAL PUBLIC ACCESS WAY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Edward H. Hagey, an unmarried man, 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 A 15 FOOT WIDE LATERAL PUBLIC ACCESS WAY 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 easement where required for the construction and maintenance of said lateral public access way. 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. 12900i * 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 '9 day of /1^^~^ 20 Edward H. Hagey (Grantor) 9,0By: _ (Signature) Name: Edward H. Hagey (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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 12901 State of California County of ^fZL<. 37/1/0 fOn personally appeared Title of the Officer Name(s) oftSfgnerfsy, OFFICIAL SEAL ARTHUR P ARQUILLA INOTARY PUBUC-CALIFORNIA COMM. NO. 1628401 ' SAN DIEGO COUNTY MY COMM. EXP. JAN. 7,2010 who proved to me on the basis ofsatisfactory evidence to be the person(s) whose name(3£j§2are subscribed to the in instrument and acknowledged to me that he/sj)ie/they executed the same kuiis/Her/their authorized iacity(ies), and that b/N^PierAheir signature(s) on the instrument the person(sTTor 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 s Signature OPTIONAL eopNotaryF \S* f 9\ft W^^^ ' / ,1^ , Though the information below /s not required by law, it may prove valuable to persons relying OTTffie 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 THUMBPRINT OF 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: Top of thumb here ©2007 National Notary Association* 9350 De Soto Ave., P.O.Box 2402-Chatsworth,CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR PUBLIC ST & PUBLIC UTILITY PURPOSES rev 9-23-08.doc 12902 EXHIBIT "A" LEGAL DESCRIPTION FOR LATERAL PUBLIC ACCESS WAY EASEMENT PR No. 08-43 THAT PORTION OF TRACT NO. 3 OF LACUNA 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 SAN DIEGO COUNTY, JUNE 20, 1921, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 1 DESCRIBED IN A DEED TO LEO S. KARLYN, RECORDED AUGUST 7,1991, AS FILE NO. 1991-0398331 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 1 AND THE SOUTHERLY LINE OF PARCEL 2 OF SAID DEED, NORTH 89° 27'37" WEST 230.29 FEET TO THE WESTERLY LINE OF PARCEL 2 OF SAID DEED; THENCE ALONG SAID WESTERLY LINE NORTH 19° 15'50" EAST 79.19 FEET TO THE MOST WESTERLY CORNER OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE RECORDED JUNE 11,1993, AS DOCUMENT NO. 1993-0370516 AND DOCUMENT NO. 1993-0370517, BOTH OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE SOUTH 89° 27'37" EAST 96.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHERLY LINE OF PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE NORTH 12° 16' 10" EAST 20.31 FEET; THENCE NORTH 1° 46' 20" EAST 16.87 FEET; THENCE NORTH 7° 37' 41" WEST 18.60 FEET; THENCE NORTH 20° 53' 56" WEST 22.60 FEET; THENCE NORTH 31° 28' 22" WEST 17.50 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY LINE NORTH 65° 53' 16" EAST 15.12 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE SOUTH 31° 28' 22" EAST 16.95 FEET; THENCE SOUTH 20° 53' 56" EAST 25.74 FEET; THENCE SOUTH 7° 37' 41" EAST 21.57 FEET; THENCE SOUTH 1° 46' 20" WEST 19.48 FEET; THENCE SOUTH 12° 16' 10" WEST 18.57 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2 OF SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID SOUTHERLY LINE NORTH 89° 27' 37" WEST 15.32 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 1486 SQUARE FEET, MORE OR LESS EXIST. EASEMENT IN FAVOR OF CO. OF SAN DIEGO FOR PUBLIC ROAD 'PURPOSES REC. 2/5/41 IN BOOK {144, PAGE 30 OF O.R. -~NO'32'42'E 15.08' •N26V4'28*E 12.18' -£- JEFFERSON ^STREETo 15 , --,--NO'32'42"E 17.33' R=970' L=100.94- / ( n -\r APN : 155-140-37 & 38 PCL 2, C.O.C., DOC. NO. 1993-0370516 & 1993-0370517 BOTH RECORDED 6/11/93 OF O.R. 60 12903\ | P.O.B. ' (SE COR PCL 1) 15' WIDE IRREVOCABLE OFFER OF\ DEDICATION OF LATERAL PUBLIC ACCESS WAY, IRREVOCABLE FOR A TERM OF 21 YEARS, GRANTED TO THE CITY OF .CARLSBAD HEREON , '^4 NWLY LINE OF PCL 2, C.O.C., DOC. NO. 1993-0370516 & 1993-0370517 BOTH REC. 6/11/93 OF O.R. No. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 BEARING H1216'10"E N1'46'20'E N7'3/41"W N20"53'56'W N31?8'22"W H3m'22"W N20"53'56'W N7'37'41"W N1'46'20"E N1216'10"E DISTANCE 20.31' 16.87' 18.60' 22.60' 17.50' 16.95' 25.74' 21.57' 19.48' 18.57' \NN \ LEGEND : PROPERTY LINE EASEMENT LINE AREA OF DEDICATION SAMPO ENGINEERING, INC. WJ4 SECOND siHtti tnamiAs, ex 9202* TEL: (760) 4X-0660 PMC (760) 436-0659 JNi 03-127 HAGEY 3/2S/09 EX7S7: OPEN SPACE EASEMENT GRANTED TO THE CALIFORNIA \ L COASTAL COMMISSION, REC \ 2/9/93 AS FILE NO. 1993-0083757 OF O.R. VINCENT L SAMPO LS 7635 EXP 12/31/10 EXHIBIT B HAGEY RESIDENCE CDP 06-25 SHEET 1 OF 1 PR 08-43 A.P.N. 155-140-37 & 38 City of Carlsbad Office of the City Clerk Records Management Department 12904 CERTIFICATION OF REJECTION OF IRREVOCABLE OFFER OF DEDICATION This is to certify that the Offer of Dedication, dated March 19. 2009. from Edward H. Haqev. to the City of Carlsbad, California, a Municipal Corporation, is hereby rejected by the City Council of the City of Carlsbad, California, pursuant to Section 66477.2 of the Governmental Code of the State of California; and, the grantee consents to the rejection thereof by its duly authorized officer. DATED: May 14, 2009 KAREN KUNDTZ.Adsistant City Clerk ,.. ...,.,.. ~ 120O Carlsbad Village Drive • Carlsbad, CA 92008-1989 • (76O) 434-28O8