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HomeMy WebLinkAboutCT 99-06; ; 2006-0658174; Irrevocable Offer of Dedication IOD5461RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 •• -V .4fe $b ^ DGC# 2006-0658174 SEP 15, 2006 9:06 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 7 2006-0658174 The undersigned grantor(s) declare(s): Documentary transfer tax is $_0 SPACb ABUVt I HIS LINE FOR RECORDER'S USE Assessor's Parcel No. 221-014-05-00 () 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 Project No. & Name Palomar Forum 221-014-07-00 CT 99-06 Melrose Avenue PR 05-129 IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Patomar Forum Associates, L.P., a California limited partnership 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 two ( 2 ) page(s), attached hereto and made a part hereof. Exhibit "B" consisting of three ( 3 ) page(s) 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 (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 Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 5462 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 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 177-^ day of _ Palomar Forum Associates, L.P., a California limited partnership, (Grantor, I Name: ignature) ff^\ k* '(Type\or Print) (Signature) (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 5u-~< \> . 20 cie from ^c^\ovv^tv.Tc»T-u.v>vV\^0c\cd^> I-?, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City of Carlsbad, California pursuant to CMC Chapter 11.04.050, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. Date: KAR *,?*=*!fifc},Y \ • V-.<- £/) - * Ct*•* t* • { * Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 5463 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of e and Title of Officer (e.g., "Jane Doe, Notary Public")50n Name(s) of Sigrer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(jf) whose name(») is/ate subscribed to the within instrument and acknowledged to me that he/sha/thcy executed the same in his/hcr/thoit authorized capacity(ies), and that by his/rw/toetr signature^ on the instrument the person^), or the entity upon behalf of which the person(s) acted, executed the instrument. D.RANOAZK) Comm. #1466606 NOTARY P08LC-CALIFORNIA ORANGE COUNTY Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: -L Q4_J Document Date:Number of Pages: Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signer 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 SIGNEI Top of thumb here Signer Is Representing:_i Io^?xse&eg&!y&t3c®&<&^^ © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • viww.NationalNotary.org Prod. No. 5907 Reorder: Call Toil-Free 1 -800-876-6827 MAY 17, 2006 ^ J.N. 011010 PAGE 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION MELROSE DRIVE PR 05-129 A PORTION OF LOT 9 OF CARLSBAD TRACT NO. 99-06, ACCORDING TO THE MAP THEREOF NO. 14831, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 29, 2004 AS FILE NO. 2004-0606953, OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE, ALONG THE WEST LINE OF SAID LOT 9, NORTH 03°57'38" WEST 1.70 FEET TO THE BEGINNING OF A NON-TANGENT 25-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL LINE TO SAID POINT BEARS SOUTH 17°27'26" EAST; THENCE, LEAVING SAID WEST LINE, NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 63°28'36" A DISTANCE OF 27.70 FEET TO THE BEGINNING OF A REVERSE 2292-FOOT RADIUS CURVE CONCAVE EASTERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH 80°56'02" WEST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°26'33" A DISTANCE OF 417.73 FEET; THENCE NORTH 19°30'31" EAST 11.13 FEET TO THE BEGINNING OF A TANGENT 250-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°37'10" A DISTANCE OF 46.34 FEET; THENCE NORTH 30°07'41" EAST 75.04 FEET TO A POINT ON THE WEST LINE OF MELROSE DRIVE AS DEDICATED PER DOC. NO. 2006-0212278 RECORDED MARCH 28, 2006, SAID POINT BEING A POINT OF CUSP FOR A 240-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE, SOUTHWESTERLY ALONG SAID WEST LINE, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 10°37'10" A DISTANCE OF 44.48 FEET; THENCE SOUTH 19°30'31" WEST 86.73 FEET TO THE BEGINNING OF A 2278-FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 4°04'10" A DISTANCE OF 161.80 FEET TO A POINT ON THE EAST LINE OF SAID LOT 9, THE RADIAL LINE TO SAID POINT BEARS NORTH 74°33'39" WEST; THENCE, SOUTH ALONG SAID EAST LINE, CONTINUING ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 6°20'27" A DISTANCE OF 252.10 FEET TO THE BEGINNING OF A REVERSE 25- FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, THE RADIAL LINE TO O:\Legal_Descriptions\011010\Lot 9b.lgl.doc MAY 17, 2006 J.N. 011010 PAGE 2 OF 2 SAID POINT BEARS SOUTH 80°54'06" EAST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 84°50'11" A DISTANCE OF 37.02 FEET TO THE BEGINNING OF A REVERSE 2263-FOOT RADIUS CURVE CONCAVE SOUTHERLY, THE RADIAL LINE TO SAID POINT BEARS NORTH 03°56'05" EAST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°07'09" A DISTANCE OF 4.71 FEET TO THE POINT OF BEGINNING. AREA = 7,138 S.F. (0.16 AC) 5465 0:\Legal_Descriptions\011010\Lot 9b.lgl.doc LEGEND:LOT 26 STREET DEDICATION EXIST. STREET R.O.W. SUBDIVISION BOUNDRY . MAP No, 15013 I AREA OF DEDICATION I LOT 9 MAP No, 14831 SEE SHT. 1 FOR EASEMENTS 5466 ! DETAIL h' SEE SHT. S ' &i % i1 |i // $& ii 30' . STREET DEDICATION PER I DOC. No. 2006-0212278 REC. 3/28/06 PR 05-128 80' CONSULT A^N T S 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad. CA 760-931-8680 92010 LOT 1 / MAP No, 14831 DATA IwJ 4 5 6 7 8 9 10 DELTA/BEARING A = W26'33" N 19'30'31" E A = W'37'10" N 30V7'41" E A = W37'10" S W'30'31" W A = 04'04'W A = Oe-20'27" rABLE RADIUS 2292.00' 250.00' 240.00' 2278.00' 2278.00' LENGTH 417.73' 11. 13' 46.34' 75.04' 44.48' 86.73' 161.80' 252.10' © EXHIBIT "B TIMOTHY a CARROLL/ LS. 7700 EXP. 12/31/06 PALOMAR FORUM CT 99-06 SHT. 2 OF J SHT. PR 05-129 A.P.N. 221-014-05 221-014-07 I:\981022\9822PMEL4-10WG May 17. 2006 2:05pm Xrefs: 9822AMAP; 97.35AMAP 5467 7 LOT 26 MAP No, 16013 * t *DETAIL 'A Lor 9 MAP No, 14831 \ SCALE: 1" = 10' STREET DEDICATION PER DOC. No. 2006-0212278 REC. 3/28/06 PR 05-128 DATA TABLE M / 2 11 12 DELTA/BEARING N 03'57'38" W A = 63'28'36" A = 84W11" A = OQ'07'09" RADIUS 25.00' 25.00' 2263.00' LENGTH 1.70' 27.70' 37.02' 4.71' 0 N S U L T T S 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 ?i 3 PALOMAR AIRPORT ROAD DETAIL 'B' EXHIBIT "B' TIMOTHY 0. CARROLL LS. 7700 EXP. 12/31/06 PALOMAR FORUM CT 99-06 SHT. J OF 3 SHT. PR 05-129 A.P.N.221-014-05 221-014-07 I:\981022\9822PMEL4-2.DWG May 17. 2006 2:04pm Xrefs: 9822AWAP; 9735AMAP