HomeMy WebLinkAboutPR 00-48; ; 2004-0068199; Irrevocable Offer of Dedication IODRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA 92008
DOC #
JAN 289
2004-0CI68199
2004 4:34 PM
OFFICIAL RECORDS W DIEM COUNTY RECORDER'S OFFICE GREGORY J. %ITHI COUNTY RECORDER FEES: 0.00 E: EIA
I SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned grantor(s) declare(s): Assessor's Parcel No. 215-020-13 81 22
21 5-021 -04
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
Project No. & Name SDP 98-18
PR 00-48, MANZANITA PARTNERS
encumbrances remaining at time of sale.
~~ ~
IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Manzanita Partners, L.L.C.
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 of the State of California 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 Open Space easement over, upon, across and under the subject land and no building,
structure or other thing whatsoever shall be constructed, erected, placed or maintained on the
subject land except as may be permitted by a special use permit issued pursuant to the zoning
ordinance of the City of Carlsbad.
Along with the perpetual right, but not the obligation, to enter upon the subject land and remove
any buildings, structure or other thing whatsoever constructed, erected, placed or maintained
on the subject land contrary to any term, covenant or condition of this easement and to do any
work necessary to eliminate the effects of any excavation or grading or placement of sand, soil,
rock or gravel or any other material done or placed on the subject land contrary to any term,
covenant or condition of this easement or placed on the subject land contrary to any term,
covenant or condition of this easement.
Grantor covenants and agrees for itself and its successors and assigns as follows:
A.
B.
C.
D.
That it shall not erect, construct, place or maintain, or permit the erection
construction, placement or maintenance of any building or structure or other
thing whatsoever on the subject land other than such buildings, structures and
other things as may be permitted by a special use permit issued pursuant to the
zoning ordinance of the City of Carlsbad.
That it shall not use the subject land for any purpose except as open space and
for recreational purposes without the written authorization of the City of Carlsbad
or its successor or assigns.
That it shall not excavate or grade or permit any excavation or grading to be
done or place or allow to be placed any sand, soil, rock or gravel or any other
material whatsoever on the subject land without the written authorization of the
City of Carlsbad or its successor or its assigns; provided, however that grantor
may excavate, grade or place sand, soil, rock or gravel or any other material on
the subject land as may be permitted by a special use permit issued pursuant to
the zoning ordinance of the City of Carlsbad.
That the terms, covenants and conditions set forth herein may be specifically
enforced or enjoined by proceeding in the Superior Court of the State of
California.
This easement reserves unto grantor the right to enter upon the subject land to construct,
including grading, the improvements authorized by Site Development Permit 98-1 9 (SDP 98-
19), Hillside Development Permit 98-18 (HDP 98-18), Special Use Permit 98-06 (SDP 98-06),
and Coastal Development Permit 98-73 (CDP 98-73). This reservation shall not be deemed to
be an exception from city approval and inspection of such improvements.
The granting of this easement and its acceptance by the City of Carlsbad shall not authorize the
public or any members thereof to use or enter upon all or any potion of the subject land, it being
understood that the purpose of this easement is solely to restrict the uses to which the subject
land may be put. This easement shall bind the grantor and its successors and assigns.
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 four (4) page(s), attached hereto
and made a part hereof. Exhibit “B” consisting of five (5) page(s) is attached for clarity only.
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 rejected 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 rejection and abandonment of the irrevocable
offer of dedication 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 fJfh day of sECg*claEE ,2043 .
MANZANITA PARTNERS, L.L.C.
a California limited liability company
By: ConAm Manzanita L.P., a California limited partnership (Grantor)
its: Managing Member
By: Continental American Properties, Ltd.,
a California limited partnership
its: General Partner
By: DJE Financial Corp.,
a California corporation
its: Gen@ Partner
By:
.. (Signatufe)
Name: 4For JUet55-
(Type or Print)
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the deed or grant dated +
20$, from %fiJAg & a&, to the City of Carlsbad, California, a municipal
corporation, is hegby 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: $fi%
Acknowledgment
State of California )
County of San Diego )
) ss.
On December 12, 2003, before me, Mona Eberhart, Notary Public,
personally appeared J. Bradley Forrester and Scott Dupree, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose
name(s) idare subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in hislherltheir authorized capacity(ies), and that by
his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
[seal] WITNESS my hand and official seal.
(SIGNATURE OF NOTARY)
EXHIBIT "A"
IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE EASEMENT
LEGAL DESCRIPTION
PR 00-48 ; PARCEL #1
SDP 98-19, HDP 98-18, SUP 98-06, CDP 98-73
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN
BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE
EASTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER S 00" 32' 2 1" W 1025.18' TO A POINT OF INTERSECTION WITH A 6937
FOOT RADIUS NON TANGEANT CURVE HAVING A RADIAL BEARING OF
N59" 54' 28"E, CONCAVE NORTHEASTERLY BEING 63 FEET DISTANT FROM
AND CONCENTRIC WITH THE CENTERLINE OF EL CAMINO REAL AS SHOWN
FOOT RADIUS CURVE CONCENTRIC WITH AND 63 FEET NORTHEASTERLY
FROM SAID CENTERLINE OF EL CAMINO REAL THROUGH A CENTRAL OF
Ol"O2'53" A DISTANCE OF 126.87 FEET TO A POINT OF TANGEANCY, THENCE
N 29"02'39"W PARALELL WITH AND 63 FEET NORTHEASTERLY OF SAID
CENTERLINE 241.45' TO THE BEGINNING OF A TANGEANT 1437 FOOT
TANGEANT CURVE CONCAVE NORTHEASTERLY, THENCE ALONG SAID 1437
FOOT CURVE NORTHERLY CONCENTRIC WITH AND 63 FEET
NORTHEASTERLY OF THE CENTERLINE OF EL CAMINO REAL THROUGH A
CENTRAL OF 29O24'07" A DISTANCE OF 737.41 FEET TO A POINT OF
INTERSECTION WITH THE NORTHERLY LINE OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER SAID POINT OF INTERSECTION HAVING A
RADIAL BEARING OF N 89" 38' 15" W, THENCE LEAVING SAID CURVE,
ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER S89"31'53"E 370.17 FEET TO THE POINT OF
BEGINNING.
ON ROAD SURVEY 1800-1; THENCE NORTHWESTERLY ALONG SAID 6937
CONTAINING 5.68 ACRES MORE OR LESS.
PAGE 1 OF4
EXHIBIT "A"
PARCEL #2
IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE EASEMENT
LEGAL DESCRIPTION
SDP 98-19, HDP 98-18, SUP 98-06, CDP 98-73
THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF PARCEL MAP
1 188 RECORDED DECEMBER 20,1972 AS FILE NO. 340334; THENCE EASTERLY
ALONG THE SOUTHERLY LINE OF THE AFOREMENTIONED PARCEL
330' RADIUS CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIAL
BEARING TO SAID POINT OF S24"10'10"E, SAID POINT ALSO BEING THE
POINT OF INTERSECTION OF THE NORTHERLY FUGHT OF WAY OF CASSIA
ROAD AS TAKEN BY THE CITY OF CARLSBAD IN THE FINAL ORDER OF
CONDEMNATION RECORDED FEBRUARY 12, 1998 AS DOCUMENT NUMBER
OF SAID CURVE ALSO BEING THE NORTHERLY RIGHT OF WAY OF CASSIA
ROAD, THROUGH A CENTRAL ANGLE OF 28" 46' 01'' AN ARC LEGTH OF
165.69'; THENCE S 37" 04' 09" W 100.94' ALONG THE NORTHERLY RIGHT OF
WAY OF CASSIA ROAD TO THE BEGINNING OF A TANGEANT 270 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY THENCE SOUTHWESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9'07'50"
A DISTANCE OF 43.03 FEET TO A POINT OF INTERSECTION WITH THE
WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 23; A RADIAL LINE TO SAID
POINT BEARS N43"48'01"W; THENCE NOO"33'10"E 216.55 ALONG THE
WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 23; TO THE POINT OF BEGINNING.
S89'32'58''E 215.53' TO A POINT OF INTERSECTION WITH A NON-TANGEANT
1998-0751 1 1 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE ARC
CONTAINING 0.45 ACRES MORE OR LESS
PAGE 2 OF 4
EXHIBIT "A"
PARCEL #3
IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE EASEMENT
LEGAL. DESCRIPTION
SDP 98-19, HDP 98-18, SUP 98-06, CDP 98-73
THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12
SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, AND A PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23, THENCE
S 89" 36' 24" E ALONG THE SOUTHERLY LINE OF SECTION 23, 1348.39 FEET
TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23; THENCE N 00"
32' 21 E ALONG THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF
SECTION 23, 49.98 FEET TO A POINT OF INTERSECTION WITH A NON
TANGEANT 7063 FOOT RADIUS CURVE HAVING A RADIAL BEARING OF
N58"1324"E CONCAVE TO THE NORTHEAST, SAID CURVE BEING 63 FEET
WESTERLY OF AND CONCENTRIC WITH THE CENTERLINE OF EL CAMINO
OF SAN DIEGO RECORDED DECEMBER 18, 1969 AS FILE NO, 230092 OF
OFFICIAL. RECORDS; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 02" 43' 57" AN ARC LENGTH OF 336.84
FEET TO A POINT OF TANGEANCY, THENCE N 29" 02' 39 W PARALELL TO
SAID CENTERLINE 235.12 FEET; THENCE LEAVING SAID LINE PARALELL TO
EL CAMINO REAL, N 61" 28' 47" E 76.59 FEET; THENCE N 85" 24' 48" W 197.18
FEET; THENCE N 24" 21" 23" W 127.69 FEET; THENCE N 19" 06' 12'' W 146.67
FEET; THENCE N 16" 16' 07" W 133.09 FEET; THENCE N 8" 42' 34" W 65.63 FEET;
THENCE N 43" 19' 35'' W 81.61 FEET; THENCE S 57" 34' 35'' W 84.95 FEET;
THENCE N 32" 55' 41" W 251.27 FEET; THENCE N 32" 06' 42" W 33.52 FEET;
THENCE N 57" 53' 18'' E 23.24 FEET; THENCE N 35" 28' 20" W 105.20 FEET;
THENCE N 89" 33' 56" W 24.00 FEET; THENCE N 40" 58' 01" E 93.22 FEET;
THENCE N 30" 48' 43" W 110.49 FEET; THENCE N 59" 11' 17" E 20.00 FEET;
THENCE N 30" 48' 43" W 49.26 FEET TO A POINT OF INTERSECTION WITH A
NON TANGEANT 270 FOOT RADIUS CURVE HAVING A RADIAL BEARING OF
S43"54'21"E, CONCAVE SOUTHWESTERLY BEING 30 DISTANT FROM AND
CONCENTRIC WITH THE CENTERLINE OF CASSIA ROAD AS DEFINED BY
THE CITY OF CARLSBAD FINAL ORDER OF CONDEMNATION RECORDED
REAL PER ROAD SURVEY 1800-1 AS DESCRIBED IN DEED TO THE COUNTY
PAGE 3 OF 4
FEBRUARY 12, 1998-075111 OF OFFICIAL RECORDS; THENCE
SOUTHWESTERLY ALONG SAID 270 FOOT CURVE CONCENTRIC WITH AND
30 FEET SOUTHEASTERLY OF AFOREMENTIONED CENTERLINE OF CASSIA
ROAD THROUGH A CENTRAL, ANGLE OF 9"O1'3Ot' A DISTANCE OF 42.53 FEET
TO A POINT OF TANGEANCY; THENCE S 37"04'09" W 100.97 FEET PARALELL
WITH THE CENTERLINE OF CASSIA ROAD TO THE BEGINNING OF A 330
FOOT RADIUS TANGEANT CURVE CONCAVE NORTHWESTERLY; THENCE
ALONG SAID 330 FOOT RADIUS CURVE CONCENTRIC WITH AND 30 FEET
DISTANT FROM THE CENTERLINE OF THE AFOREMENTIONED CASSIA
ROAD TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
AFOREMENTIONED SECTION 23, SAID POINT HAVING A RADIAL, BEARING
OF N34"20'06"W, THENCE SOO"33'10"W 1346.78 FEET ALONG THE WESTERLY
BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF AFOREMENTIONED SECTION 23 TO THE TRUE POINT OF BEGINNING.
CONTAINING 25.96 ACRES MORE OR LESS.
PAGE 4 OF 4
99n 99 EXHIBIT
APN 215-020-13 2 1 5-020-2 1 21 5-020-04 PR 00-48
tl
IRUNOCABE OFFER OF DEDlC4TION OF OPEN SPACE WEMENT FOR
M2NVITA PARTNERS PROPERTY
PREPARED By:
1811 ROCK SPRINGS ROAD
SAN MARCOS, CA. 92069
s?wmx &DmDm
SDP 98-19, SUP 98-06, CDP 98-72 TEL- 760-480-6062
LEGAL DESCRIPTION
A PORTION OF SLY TEN
ACRES OF NE 1/4 OF SW
1/4 AND A POR. OF SE 1/4
OF THE SW 1/4 OF SEC 23, T 12S, R 4W, SAN
BERNADINO MERIDIAN, IN THE COUNlY OF SD, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF
LEGEND
IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE EASMENT
PARCEL j1-5.68f ACRES
PARCEL #2=0.45* ACRES
PARCEL #3=25.96fACRES
VICINITY MAP
300 600 900 1200
GRAPHIC SCALE
$7 ~~1 I
SHEET 1 OF 5
DATE 8/7/03
SCALE 1"=300'
PREPARED By: SHAHROlAK ED.D.
181 1 ROCK SPRINGS ROAD
SAN WRcOs, ck 92069
TEL- 760-480-6002
0 300 600 900 1200
IRRWOG48f.E OFER OF DEDICATION OF OPEN SPACE EASEMENT FOR MA"lTA PARTNERS PROP€R7Y SDP 98-19, SUP 98-06, CDP 98-73
GRAPHIC SCALE
SHEET 2 OF 5
DATE 8/7/03
1*=200*
APN 215-021-04
IRREVWE OFFER OF DEDICATION
OF OPEN SPACE EASEMENT FOR MA"lTA PARTNERS PROPERTY
PREPARED By:
181 1 ROCK SPRINGS ROAD
SAN MARCOS, CA. 92069
SHAllkROcK Em.
SDP 98-19, SUP 98-06, CDP 98-73 TEL- 760-480-6062
CASSIA RD. BY CITY OF CARLSBAD BY flNAL ORDER OF CONDEMNATION RECD.
FEB 12 1998 DOC # 1998-0751 11 OF O.R.
DATE 8/7/03
SCALE lff=1o0'
APN 215-020-21
0 100 200 300
i
400
GRAPHIC SCALE
PREPARED By: SMMROCU EmDmDm
181 1 ROCK SPRINGS ROAD
SAN MARCOS, CA 92069
TEL- 760-480-6062
IRUEVOCABLE OFFER OF DEOlCA77ON OF OPEN SPACE W€M€NT FOR MNZAiVTA PARTNERS PROPEUN
SDP 98-19, SUP 98-06, CDP 96-7.2 2
LINE TABLE
LENGTH