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HomeMy WebLinkAboutPR 04-55; ; 2004-1019719; Irrevocable Offer of Dedication IODDOC # 2004-1 01 971 9 48‘ RECORDING REQUESTED BY AND WHEN RECORDED MAIL ?& TO: bc City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 I111111ll Ill IIIII 11111 IIIII 11111 IIIII 11111 IIIII Ill11 Ill11 11111 1111 1111 OCT 28,2004 854 AM OFFICIAL RECORDS SAN DlEGrJ COUNTY RECORDER’S OFFICE LREGORYJ SMITH COUNTY RECORDER FEES I1 00 PAGE 5 7 SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Assessor’s Parcel No. 156-1 20-52-00 Documentary transfer tax is $ 0.00 wH Project NolName: CB 04-2256, PR04-55 r ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and Hall Residence-1 440 Buena Vista Way encumbrances remaining at time of sale. IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kevin T. Hall and Julia M. Hall, Husband and Wife as Community Property w/ right of Survivorship. 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 one (1) page, attached hereto and made a part hereof. Exhibit “B consisting of one (1) page 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. HYDeveloprnent ServicedMasterslDeeds-Grant Deeds-Easementsllrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes6/2/00 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, thi- day0 of Dedication to be executed Kevin T. Hall and Julia M. Hall (Grantor) By: Name: Kevin T. Hall v (Signature) Name: Julia M. Hall HjDeveloprnent SenricedMasterdDeeds-Grant Deeds-Easernentdlrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes6/2/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT to be the person(s) whose name(s) idare subscribed to the within instrument and ac- knowledged 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. my hand and official sgl. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT m(S) 0 PARTNER(S) 0 LIMITED [7 ATTORNEY-IN-FACT - TRUSTEE@) 0 GENERAL NUMBER OF PAGES u GUARDIANEONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF pERsoN(S) OR E"Y(1E.S) SIGNER(S) OTHER THAN NAMED ABOVE State of California County of San Diego personally appear , c3 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 signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. personally known to me -OR - Wproved to me on the basis of satisfactory WITNESS my hand and official seal (Seal) H:/Development ServiceslMasterslDeeds-Grant Deeds-EasemenWlrrevmble Offer to Dedicate Real Property for Public Street & Public Utility Purposes6/2/00 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY The property being offered for dedication is the Southerly 10.00 feet of the following described lands: All that portion of tract 5 of Laguna Mesa Tracts, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 171 9, filed in the Office of the County Recorder of San Diego County, June 20, 1921, described as follows: Beginning at a point of the southerly line of said Tract No. 5, distance thereof north 89" 59' west, 296.48 feet from the southeasterly corner thereof; thence continuing along said southerly line north 89" 59' west 197.65 feet; thence north 0" 02' west 220.39 feet; thence south 89" 59' east 197.65 feet; thence south 0" 02' east 220.39 feet to the point of beginning. Excepting the west half thereof. H:/Development ServiceslMasterslDeeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes6/2/00 EXHIBIT "B" PROJECT NAME: KEVIN & JULIA HALL RESIDENCE 10' STREET DEDICATION A PN 156- 120-52 I PROJECT NUMBER PR 04-56 / / II .!! i SI I i -1 PI i + I 4 t-J 'i I i d' I' i I i I i I Is 1 .!! P I- I I Ib I- ig SCALE 1" = 30' DEDlCA TlON -@ BUENA VISTA WAY CERTIFICATION OF REJECTION OF IRREVOCABLE OFFER OF DEDICATION This is to certify that the Offer of Dedication, dated July 26,2004, from Kevin T. and Julia M. Hall to the City of Carlsbad, California, a Municipal Corporation, is hereby rejected by the City Council of the City of Carlsbad, California, pursuant to Section 66477.2 of the Governmental Code of the State of California; and, the grantee consents to the rejection thereof by its duly authorized officer. DATED: October 14, 2004 &S.&-e- c LORRAINE M. WOOD, CITY CLEWK 0