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Home My WebLink AboutPR 04-35; ; 2004-0740752; Irrevocable Offer of Dedication IODDOC # RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 I1lll1111 Ill 11111 11111 11111111111111111111 111ll11111 Ill11 llllllillllll AUG 05,2004 8:47 AM OFFICIAL RECORDS SP.N DIEGO COUNTY RECORDER’S OFFICE GREGORY J. SMITH, COUNTY‘ RECORDER FEES: 0.00 PAGES: 8 I111111 11111 1111 11111 11111 1111 11111 Ill11 Ill11 lllll11111111111111 Ill11 1111 111 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Assessor’s Parcel No. 223-61 5-05 Documentary transfer tax is !§ 0.00 A/M ( ) computed on full value of property conveyed, or Project No. & Name VLC - Oaks South PR 04-35 (CT 99-04-01) ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Real Estate Collateral Management Company, a Delaware corporation 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 STORM DRAIN 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. Exhibit “B” consisting .of three (3) pages 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 storm drain 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 (IO’) 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. H \Development S&ces\PROJECTS\CT FILES\CT 99-04-01 Villages - Oaks - MaashoflDeeds-Easements\PR 04-35 SD Esmt doc 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 only be accepted by resolution of the City Council of the City of Carlsbad. 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 as-% day of M,+V ,2004. By: (Sig na t u re) Name: (Type or Print) CERTIFICATION FOR ACCEPTANCE OF DEED This is to certi that the interest in real property conveyed by the deed or grant dated flcs525, 20 04 , from ~\C-&W-&-% CO , 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. x-, E#-%- L.UdePo..\ State of 3 ui 1 ss. County of bk On ff4y Z~W, before me, h ;ma C. &aqd Date Name and Title of Officer (e.9. “Jane Doe, Notary Public) Personally appeared fi ?&*me i Name@) of Signer(s) apersonally known to me proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIWESS mv hand and official seal. Signature of Notary Public DIANA C MORENO NOTARY #)BLT, STATE OF ILLINOIS ss. State of County of On , before me, , Date Name and Title of Officer (e.g. “Jane Doe, Notary Public) Personally appeared personally known to me 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 his/her/their authorized capacity(ies), and that by his/her/their signatures on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Name@) of Signer(s) WITNESS my hand and official seal. Signature of Notary Public EXHIBIT “A” LEGAL DESCRIPTION PR 04-35 PUBLIC STORM DRAIN EASEMENT PARCEL ‘A’ THAT PORTION OF LOT 188, OF CT. 99-04-01 VILLAGES OF LA COSTA-LA COSTA OAKS SOUTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 29,2002; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 20.00 FOOT WIDE STRIP OF LAND LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT AN ANGLE POINT ON THE WESTERLY LINE OF SAID LOT 188, SAID POINT BEING THE MOST NORTHERLY TERMINUS OF THAT LINE SHOWN AND DESCRIBED ON SAID MAP. NO. 14379 AS NORTH 03’46’00’’ EAST, 128.34 FEET, SAID POINT ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF CAMINO JUNIPER0 AS SHOWN ON SAID MAP AND THE BEGINNING OF A TANGENT 1260.00 FOOT RADIUS CURVE, CONCAVEWESTERLY; THENCE NORTHERLY ALONG SAID WESTERLY LINE OF LOT 188 AND SAID EASTERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04’15’47” A DISTANCE OF 93.75 TO A POINT ON THE CENTERLINE OF THAT 20.00 FOOT WIDE STORM DRAIN EASEMENT AS DEDICATED OVER LOT 188 PER SAID MAP NO. 14379; THENCE LEAVING SAID WESTERLY LINE AND SAID EASTERLY RIGHT OF WAY LINE AND SAID CURVE, NON- TANGENT, AND ALONG SAID CENTERLINE SOUTH 84’10’05” EAST 38.08 FEET TO THE END OF SAID STORM DRAIN EASEMENT AND TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87’18’32’’ EAST, 55.35 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 188. PAGE 1 OF 2 M:\2352\12\legal descriptions\a46-LotI 88-storm-ease.doc WO 2352-1 1 4/26/04 THE WESTERLY SIDELINES OF SAID 20.00 WIDE STRIP OF LAND TO BE SHORTENED OR ENTENDED SO AS TO TERMINATE WITH THE EASTERLY LINE OF SAID STORM DRAIN EASEMENT AND THE EASTERLY SIDELINES OF SAID 20.00 WIDE STRIP OF LAND TO BE SHORTENED OR ENTENDED SO AS TO TERMINATE WITH SAID EASTERLY LINE OF LOT 188. CONTAINS 0.025 ACRES, MORE OR LESS. 4 -28 -Zo# DAVID h. AMBLER L.S. 7322 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 2 OF 2 M:\2352\1 2\legal descriptions\a46-Lotl88-sto1m-ease.doc WO 2352-1 1 4/26/04 PLANNING 10179 Huemekens Street ENGINEERING San Dego, Ca 92121 SURVEYING PH(858)5584500 FX(858)558-1414 lEAL ESTATE COLLATERAL WGEMENT CWANY :/O MORROW DEVELOPMNT 0903 WIGHT PLACE, SUITE 180 XRLSBAD, CA 92008 EXPIRES: 12/31/05 P. 0. e. T. P. 0. B. G9 @ 0 (3 WLLAGES OF LA COSTA 223-615-05 LA COSTA OAKS soum EXHIBIT "B" PR 04-35 VICINITY MAP N.TS INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING AN MSEMENT FOR PIPELINES GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT BY DOCUMENT RECORDED OCTOBER 27, 1971 AS NLE NO. 247284, O.R. DRAINAGE HSEMENT DEDICATED TO THE CITY OF CARLSB4D PER MAP NO. 14379. AN MSEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRICITY GRANTED TO SIN DIEGO GAS AND ELECTRIC COMPANY BY DOCUMENTS RECORDED APRIL 19, 1954 IN BOOK 5208, PAGE 403, O.R., AND FEBRUARY 5, 1954 IN BOOK 5132, PAGE 342, O.R. AN IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC TRAIL DEDICATED AND ACCEPTED PER MAP 14379. OF B- THE BASIS OF BMRINGS FOR THIS DMWING IS THE NAD '83 CALIFORNIA COORDINATES SYSTEM ZONE 6 GRID BOlRlNGS BETWEEN STATION 1118 AND STATION 1126 AS SIID COORDINATES ARE PUBLISHED IN RECORD OF SURVEY MAP NO. 13928 AND ARE IN CONTROL NETWORK. LE, N 01'37'30" W THE COMBINED SCALE FACTOR AT STATION 11 18 IS 0.999942491. GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR, THE CITY OF CARLSBAD HORIZONTAL in. 2352-11 SHEET 1 OF 3 ? \0261\&Map\EP Lot188 SD ease-1 .dwgApr-26-2004: 17: 12 , __._ PUBLIC STORM DRAIN USEMEW PLAT - CITY OF CARLSMD 4PP LI CANT: I PREPARED BY: I PROJECT CT 99-04-01 1A.P.N.: PIANNINC iNGlNEERlNG SURVMNC 4P P LI CAM: PREPARED By: PROJECT CT 99-04-01 EAL ESTATE COLLATERAL WGEMENT CWANY VILLAGES OF LA COSTA :/O MORROW DEVELOPMENT LA COSTA OAKS SOUTH 0903 WRIGHT PLACE. SUITE 180 DAVID W. AMBLER LS. 7322 XLSBAD, CA 92008 EXPIRES: 12/31 /05 PR 04-35 --a- - A.P.N.: 223-6 15-05 EXHIBIT "B" SHEET 2 OF 3 c\P P LI CANT: PREPARED BY PROJECT CT 99-04-01 EAL ESTATE COLLATERAL lANAGEMENT COMPANY WLLAGES OF LA COSTA :/O MORROW EMLOPENT LA COSTA OAKS SOUTH 0903 WRIGHT PLACE, SUITE 180 DAVID w. AMBLER LS. 7322 XRLSBAD, CA 92008 EXPIRES: 12/31/05 PR 04-35 A.P.N.: 223-615-05 EXHIBIT "B "