HomeMy WebLinkAboutCT 00-20; ; 2006-0067904; Irrevocable Offer of Dedication IODMF
'7QUESTOF 16614
SUBDIVISION DEPT.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
DQC# 2006-0067904
JAN 30, 2006 4:14 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,!. SMITH. COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 9
2,0'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 No. & Name
Fox-Miller Property
212-020-23
CT 00-20
PR 04-62 El Camino Access IOD
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR
GENERAL ACCESS AND PUBLIC UTILITY PURPOSES
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Fenton Carlsbad Research Center LLC, a California limited liability company
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 GENERAL ACCESS 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 two (2) pages, attached hereto
and made a part hereof ("Easement Area"). Exhibit "B" consisting of two (2) pages is attached
for clarity only.
The Easement set forth herein is a non-exclusive easement for the benefit of the El Camino
Property, which is more particularly described on Exhibit "C" attached hereto, and may only be
used by the legal owner of the El Camino Property and its tenants, employees, agents,
sublessees, suppliers and customers for the purpose of vehicular access, ingress and egress to
and from the El Camino Property and Lots 2 and 3 of Map No. /S2SJ ("Lots 2 and 3").
Grantor reserves the right for Grantor and its successor and assigns to make use of the
Easement Area for the benefit of Lots 2 and 3 for vehicular ingress and egress to and from said
Lots and any other purpose not inconsistent with the grant of this Easement.
No party shall be permitted to use the Easement Area so as to unreasonably interfere with the
use of the Easement Area by any benefited party nor shall they create or permit any barricade
CT 00-20 Deeds/Easements/lrrevocable Offer to Dedicate Real Properly for General Access & Public Utility Purposes REV: 1/04/06
16615
or obstruction of the Easement, unless such party has obtained the prior written consent of the
other parties benefited by the Easement.
Grantor may but shall not be required to improve the Easement Area or any portion thereof.
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
reasons of the location, of said street Easement and utilities by the City.
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 £~-S4 day of . /&srt/&s'}' 2006.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy City Atto
PROPERTY OWNERS
Fenton Carlsbad Research Center, LLC, a California
limited liability company
By: H. G. Fenton Company,^California corporation
its Manager
By:
(signKere)
Allen M. Jones, Vice President
(print name and title)
By:
7 (sigr/here)
Michael P. Neal, President/CEO
(print name and title)
CT 00-20 Deeds/Easements/Irrevocable Offer to Dedicate Real Property for General Access & Public Utility Purposes REV: 1/04/06
16616
State of California
County of San Diego
On M' 5.20M before me,
(Date)
personally appeared Q\\6n tf\-
(Name[s] of Signer[s])
(Name, TOte of Officer)
P N
, Hf personally known to me -OR - Q proved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) -is/are subscribed to the within instrument and
acknowledged to me that -he/ste/they executed the same in -hio/hor/their authorized
capacity(ies), and that by hio/hoR/their signature(s) on the instrument the person(s), or
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal CLARE CHAVEZ
CommWon f 1466393
Notary fluMc • CoMbfrtd
Son Diego County
Signature of Notary (Seal)
Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05
EXHIBIT 'A'
LEGAL DESCRIPTION
PR 04-62
JANUARY 5, 2006
JOB NO.: 041093
16617
THAT PORTION OF LOT 2 AND THAT PORTION OF LOT 3 OF CARLSBAD TRACT NO.
00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP NO. / 5 2.53 , FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, J^ . 30 , zooU>
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 30.00 FEET IN WIDTH, 15 FEET MEASURED AT RIGHT ANGLES ON
EACH SIDE OF THE FOLLOWING DESCRIBED BOUNDARY LINE BETWEEN SAID LOTS 2
AND 3:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2, SAID CORNER ALSO
BEING ON THE WESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL; THENCE
LEAVING SAID RIGHT OF WAY ALONG THE SOUTHERLY LINE OF SAID LOT 2 SOUTH
68°21'10" WEST A DISTANCE OF 411.57 FEET; THENCE CONTINUING ALONG SAID
SOUTHERLY LINE SOUTH 21°38'50" EAST A DISTANCE OF 53.00 FEET TO THE
BEGINNING OF THE BOUNDARY LINE BETWEEN SAID LOTS 2 AND 3, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY LINE THE
FOLLOWING COURSES: SOUTH 68°21' 10" WEST A DISTANCE OF 88.00 FEET TO THE
BEGINNING OF A TANGENT 115.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH,
THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
80°50'16" A DISTANCE OF 162.25 FEET; THENCE NORTH 30°48'34" WEST A
DISTANCE OF 273.46 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS
CURVE CONCAVE TO THE EAST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 5°29'30" A DISTANCE OF 38.34 FEET; THENCE
NORTH 25°19'04" WEST A DISTANCE OF 65.63 FEET TO A POINT ON A 336.00 FOOT
RADIUS CURVE CONCAVE TO THE NORTH WHICH CENTER POINT BEARS NORTH
25°19'04" WEST, SAID CORNER ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE
OF SALK AVENUE AND THE END OF SAID BOUNDARY LINE BETWEEN LOTS 2 AND 3.
loft-
G:\accts\041093\ExhibitA4 04-62.DOC
JANUARY 5, 2006
JOB NO.: 041093
16618
THE SIDELINES OF SAID 30 FOOT STRIP SHALL BE LENGTHENED OR SHORTENED TO
MEET THE RESPECTIVE BOUNDARY LINES OF SAID LOTS 2 AND 3.
CONTAINING 18,834 SF 0.43 ACRES MORE OR LESS
Patrick NX/ 0' Day RCE 27214
2 oft
G:\accts\041093\ExhibitA404-62.DOC
EXHIBIT "B
LEGEND:
PROPERTY BOUNDARYPER MAP NO. 1S253
LOT UNE PER MAP NO.
ACCESS EASEMENT UNE
ACCESS EASEMENT CENTER UNE
ACCESS EASEMENT AREA
an OF OCEANSOC
HIGHWAY
16619
FOX MILLER PROPERTY
CT 00-20
PACIFIC
OTfOF
SAN MARCOS
ENOMTAS
VICINITY MAP
CONSULT
2710 Loker Avenue West
Suite 100
Carlsbad, California 92008
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
DRAWN BY:J.T.C.
CHECKED BY: J.P.S.
DATE 06-30-04
DATE 06-30-04
/^2^ '/PATRICK N. (WAY RCE 27214 EXPIRES 03/31/07
CITY OF CARLSBAD
ACCESS EASEMENT
IN LOT 2 * 3, CT 00-20
SHEET 1 OF 2
PR 04-62
APN NO.
212-020-23
G:\041093\0493Z24.dwg Jan 05, 2006 1:58pm
EXHIBIT "B 16620
DATA TABLE
fvoj
/
2
3
4
5
6
7
a
BEARING
N 68"21'W"E
N 2fJ8'50' W
N 21'38'50' W
N 68"21'10"E
A =M50'16-
N 30'48'34" W
A =5"29'30"
U OHIO'flA* U/ /to)
RADIUS
115.00'
400.00'
LENGTH
4n.sr
38.00'
15.00'
88.00'
162.25'
273.46'
38.34'
KfiKV
PORTION OF EL CAMINO
REAL DEDICATED TO
THE CITY OF CARLSBAD
PER MAP NO. 152.55
cr 00-20
LOT 2 MAP NO,
Sff
SCALE: 1" = 100'
CONSULT
POINT OF BEGINNING
2" x 24" IRON PIPE WITH
DISC STAMPED RCE 27214
SET PER MAP NO.IS2.SS
TRUE POINT
OF BEGINNING
2710 Loker Avenue West
Suite 100
Carlsbad, California 92008
760-931-7700
Fax: 760-931-8680
www.odayconsultants.com
Civil Engineering
Planning
Processing
Surveying
DRAWN BY:J.T.C.
CHECKED BY: J.P.S.
DATE 06-30-04
DATE 06-30-04
xA-y- /-e..
PAffRlCKN. O'g/frRCE 27214 EXPIRES 03/31/07
CITY OF CARLSBAD
ACCESS EASEMENT
IN LOT 2 * 3. CT 00-20
SHEET 2 OF 2
PR 04-62
APN NO.
212-020-23
G:\041093\0493Z24.dwg Jan 05, 2006 1:58pm
Yrpfc- fld-Q^UAP
EXHIBIT *C'
LEGAL DESCRIPTION
PR 04-62
16621
THAT PORTION OF LOT "F' OF RANCHO AQUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE RECORDER OF SAID
COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTER LINE OF SAN DIEGO COUNTY ROAD
"EL CAMINO REAL", SHOWN ON SURVEY NO. 682, SHEET 3 THEREOF, AS
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 5,
1938 IN BOOK 743, PAGE 64 OF OFFICIAL RECORDS, SAID POINT BEING
ALSO THE CENTER POINT OF A 4 x 4 CONCRETE BOX CULVERT ACCURATELY
LOCATED AND STATIONED 150+28.97 ON THE CENTER LINE OF SAID COUNTY
ROAD, SAID POINT BEING NORTH 79°37'20" WEST, A DISTANCE OF
1011.60 FEET FROM THE PROPERTY LINE ANGLE POINT NO. 8 OF LOT B OF
RANCHO AQUA HEDIONDA, RECORD OF SURVEY MAP NO. 517, SAID POINT OF
BEGINNING BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN
DEED TO VISTA BRICK COMPANY, RECORDED FEBRUARY 1, 1960 AS FILE
NO. 20485, OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF
SAID LAND AND THE PROLONGATION THEREOF, BEING ALONG THE CENTER
LINE OF SAID EL CAMINO REAL, SOUTH 75°00'00" EAST, 675.10 FEET TO
A POINT ON THE LINE WHICH IS PARALLEL WITH AND 325.00 FEET
EASTERLY AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID VISTA
BRICK COMPANY LAND, SAID POINT BEING ON THE WESTERLY LINE OF LAND
CONVEYED TO THALIA KELLY CONSIDINE, BY QUITCLAIM DEED RECORDED
JANUARY 15, 1964, SERIES S, BOOK 1964, AS FILE NO. 8707, OFFICIAL
RECORDS; THENCE ALONG THE BOUNDARY OF SAID CONSIDINE'S LAND,
SOUTH 00°32'00" EAST, 1336.95 FEET, AND SOUTH 27°50'00" EAST,
827.30 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; THENCE
NORTH 68°00'00" EAST ALONG THE BOUNDARY OF SAID CONSIDINE LANDS
AND THE PROLONGATION OF SAID BEARING 1428.00 FEET TOA POINT ON
THE EASTERLY BOUNDARY LINE OF LOT F OF RANCHO AQUA HEDIONDA, SAID
POINT BEING ALSO 66.5 FEET DISTANT NORTHERLY FROM POINT 18 OF
SAID LOT F, AND BEING THE TRUE POINT OF BEGINNING; THENCE
RETRACING SOUTH 68°00'00" WEST 465.60 FEET; THENCE NORTH
22°00'00" WEST, 100.00 FEET; THENCE NORTH 68°00'00" EAST, 465.60
FEET, MORE OR LESS, TO A POINT UPON THE EASTERLY BOUNDARY LINE OF
SAID LOT F; THENCE SOUTHERLY ALONG SAID LOT F BOUNDARY LINE TO
THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 68441-A OF
DEED TO THE COUNTY OF SAN DIEGO, RECORDED JULY 8, 1969 AS FILE
NO. 122795.
16622
CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION
This is to certify that the interest in real property conveyed by the OFFER OF
DEDICATION, dated January 6. 2006. from Fenton Carlsbad Research Center LLC. 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: January 27. 2006
it City Clerk