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HomeMy WebLinkAboutPD 08-07; Carlsbad Unified School District; 2010-0573056; Irrevocable Offer of Dedication IOD2010-0573056 RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 OCT25, 2010 3:04 PM OFFICIAL RECORDS ™ut?nE|G°nE?HNTY RECORDER'S OFFICEDAVID L BUTLER, COUNTY RECORDERrEES: 000 OC: PAGES: 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 168-050-19-00 Project ID: Related Project ID: Related Project ID: Project Name: PD 08-07 PR 10-14 Carlsbad High School at Cannon & College IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Unified School District 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 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" 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 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 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 c^Ht^ day of .^nfcvn her 20 IP Unifl Schrv-j fii By: __ _ (Signature) NameCfc)hn ft (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 State of California County of O I Date personally appeared before me, Here Insert Name and Title of the Ofljfer Name(s) of Slgner(s) ELLEN DURHAM Commistton * 1823042 Notary PuWtc - CilifornH San Ditgo County MyComm. Expirn OK 14.2012 Place Notary Seal Above who 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/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or 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. WITNESS my hand and official seal. Signature. OPTIONAL - Signature of Notary Public 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 Docume Title or Type of Document: Document Date:7-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 CD Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 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: CallToll-Free 1 -800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION PUBLIC STREET AND UTILITY EASEMENT PR 10-14 THAT PORTION OF LOT E OF RANCHO AGUA HEDIONDA DESCRIBED IN DEED TO THE CARLSBAD UNIFIED SCHOOL DISTRICT (FORMALLY KNOWN AS OCEANSIDE- CARLSBAD UNION HIGH SCHOOL DISTRICT) AS DOCUMENT NUMBER 216959 RECORDED NOVEMBER 27, 1970, OFFICIAL RECORDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NUMBER 806, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID DEED TO SAID CARLSBAD UNIFIED SCHOOL DISTRICT, SAID CORNER SHOWN ON RECORD OF SURVEY NUMBER 7918, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FORMED BY THEIR COURSES NORTH 53°22'00" EAST 2037.27 FEET, AND NORTH 33°13'10" WEST 891.30 FEET PER SAID RECORD OF SURVEY NUMBER 7918; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID DEED TO SAID CARLSBAD UNIFIED SCHOOL DISTRICT, NORTH 33°13'29" WEST (NORTH 33° 11'55" WEST PER SAID DEED) (NORTH 33°13'10" WEST PER SAID RECORD OF SURVEY NUMBER 7918) 168.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE OF SAID DEED TO SAID CARLSBAD UNIFIED SCHOOL DISTRICT, SOUTH 45°28'10" WEST 605.12 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1400.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°53'44" A DISTANCE OF 192.92 FEET; THENCE TANGENT TO SAID CURVE SOUTH 53°21'54" WEST 275.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1400.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°53'44" A DISTANCE OF 192.92 FEET; THENCE TANGENT TO SAID CURVE SOUTH 61°15'38" WEST 202.28 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1400.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°54'01" A DISTANCE OF 193.04 FEET; THENCE TANGENT TO SAID CURVE SOUTH 53°21'37" WEST 10.65 FEET; THENCE NORTH 36°38'23" WEST 67.00 FEET; THENCE NORTH 53°21'37" EAST 10.65 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1467.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°54'01" A DISTANCE OF 202.28 FEET; THENCE TANGENT TO SAID CURVE NORTH 61°15'38" EAST 74.97 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 200.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °07'13" A DISTANCE OF 38.82 FEET: THENCE PAGE 1 OF 2 PR-10-14 TANGENT TO SAID CURVE NORTH 72°22'51" EAST 43.90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 200.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°46'01" A DISTANCE OF 37.58 FEET TO THE BEGINNING OF A TANGENT COMPOUND CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1349.00 FEET, HAVING A RADIAL BEARING OF SOUTH 28°23'10" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8°14'56" A DISTANCE OF 194.22 FEET; THENCE TANGENT TO SAID CURVE NORTH 53°21'54 EAST 275.95 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 1349.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°53'44" A DISTANCE OF 185.90 FEET; THENCE TANGENT TO SAID CURVE NORTH 45°28'10" EAST 615.32 FEET TO SAID EASTERLY LINE OF SAID DEED TO SAID CARLSBAD UNIFIED SCHOOL DISTRICT; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE, SOUTH 33°13'29" EAST 52.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING: 90,952.38 2.088 ACRES MORE OR LESS ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DOUGLAS R. NIELCHIOR P.L.S. 4611 LICENSE EXPIRES 9-30-2010 6-1-2010 DATE JN3205 PAGE 2 OF 2 PR-10-14 SITE VICINITY MAP ""&\ EXHIBIT B '"' PR 10-14 CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT PER DOC# 1852 REC 1-4-1963 200 GRAPHIC SCALE 0 200 SCALE 1" = ,200 FEETLEGEND P.O.B. = INDICATES POINT OF BEGINING T.P.O.B. = INDICATES TRUE POINT OF BEGINING ( ) = INDICATES RECORD DATA PER DEED REC 11-27-70 AS DOC# 216959 [ ] = INDICATES RECORD DATA PER ROS 7918 = BOUNDARY LINES = EASEMENT LINES BASIS OF BEARING THE BASIS OF BEARING FOR THIS PLAT IS THE EASTERLY LINE OF ROS 17111; IE: N 04'13'22" E ^ " = INDICATES PUBLIC STREET & UTILITY EASEMENT TO THE CITY OF CARLSBAD AREA: 90,592.38 SQ. FT BEING 2.088 ACRES MORE OR LESS THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION DOUGLAS R/MELCHIOR PLS 4611 DATE (N 3311 "55" W 891.30) 3'29" W 891.70'[N 33113'10" W 891.30] SHEET 2 OF 4 SHEETS SHEET 3 OF 4 SHEETS SHEET 4 OF 4 SHEETS CITY OF CARLSBAD EASEMENT PER DOC# 2003-0362012 IREC 4-1-2003 67.00'- COLEGE BLVD. A.P.N. 168-050-19 CARLSBAD HIGH SCHOOL PROJECT NO. PD 08-07 PUBL C STREET AND UTILITY EASEMENT APPLICANT: CARLSBAD UNIFIED SCHOOL DIST. CARLSBAD, CALIFORNIA CANNON ROAD IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA (N 3311'55" W 891.30 [N 3313'10" W 891.30' N 3313'29" W 891.70 EXHIBIT "B' PR 10-14 DOUGLAS R/MELi MULSHES 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010 (760) 438-1726 SEE SHEET I OF 4 N 33lfl3>29" W 168.21^ S 331329 E52.01' A=07'5344 B) A=07'5344 R=1400.00' L=192.92' R=1349.00' 1=185.90' GRAPHIC SCALE o ao SCALE 1 = 80 FEET 44'31'50"E(R) IOR PLS 4611 44'3150ER SHEET 2 OF 4 SHEET' PUBL C STREET AND UTILITY EASEMENT APPLICANT: CARLSBAD UNIFIED SCHOOL DIST. CARLSBAD, CALIFORNIA CANNON ROAD IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA A.P.N. 168-050-19 CARLSBAD HIGH SCHOOL PROJECT NO. PD 08-07 DWG NO. PR 10-14 EXHIBIT "B PR 10-14 SEE SHEET 2 OF 4 A=07-53'44" R=1349.00' L=185.90' A=07'53'44" R=1400.00' L-192.92' A=08'14'56" R=1349.00' L=194.22' A=07'53'44" R=1400.00' L=192.92' S 44'31'50"E(R) SEE SHEET I OF 4 SHEETS GRAPHIC SCALE 0 80 SCALE 1" = 80 FEET DOUGLAS ft MELCHIOR PLS 4611 DATE SEE SHEET 4 OF 4 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010 A (760) 438-1726 W 1 SHEET 3 OF 4 SHEETS PUBL C STREET AND UTILITY EASEMENT APPLICANT: CARLSBAD UNIFIED SCHOOL DIST. CARLSBAD, CALIFORNIA CANNON ROAD IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA A.P.N. 168-050-19 CARLSBAD HIGH SCHOOL PROJECT NO. PD 08-07 DWG NO. PR 10-14 A=0814'56" R=1349.00' 1=194.22' A-07'53'44" R=1400.00' L=192.92' A=10*46'01" R=200.00' L=37.58' N 72'22'5j" E 43.90 A=11'07'13" R=200.00' L=38.82' N 61*15*38" W 74.97' A=07'54'01" R=1467.00' 1=202.28' N 53'21'37" E 10.65 N 36'38'23" W 67.00' S 53*21'37" W 10.65' A=07*54'01" R=1400.00' L=193.04' EXHIBIT "B PR 10-14 S 36'38'06" E(R) 51.00' e S 28*23'10 nOO0^ S 17'37'09" E(R) N 17*37'Q9" W(R) N 28'44'22" W(R) GRAPHIC SCALE 0 80 SCALE 1" = 80 FEET COLLEGE DOUGLAS RMELCHIOR PLS 4611 DATE BLVD S 36'38'06" E(R) LEGEND | SEE SHEET I OF 4 SHEETS 28'44'22" E(R) SEE SHEET 3 OF 4 N 28'44'22" W(R) SHEET 4 OF 4 SHEETS PUBL C STREET AND UTILITY EASEMENT APPUCANT: CARLSBAD UNIFIED SCHOOL DIST. CARLSBAD, CALIFORNIA CANNON ROAD IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA A.P.N. 168-050-19 CARLSBAD HIGH SCHOOL PROJECT NO. PD 08-07 DWG NO. PR 10-14