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Home My WebLink AboutPR 05-30; ; 2006-0901984; Irrevocable Offer of Dedication IOD (2)12852 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 AOC# 2006-0901984 DEC 20, 2006 3:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 000 PAGES: K 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 SPACEA^^... ....„_..,,_ Assessor's Parcel No. Project No. & Name 2006-0901984 203-140-09 PR 05-30 RUSSELL ROW DEDICATION IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Joan D. Porter, formerly Joan D. Russell, as trustee of the Joan D. Cook Separate Property Trust Established May 15, 1981 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 anoVg drainage facility, provided such substitution is first approved in writing by said Engineer. Masters/Deeds-Grant Deeds-Easements/lrrevocabie Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 12853 Encroachment of building into 5-foot wide easement is permissible in its current state as illustrated on said Exhibit B. In the event that said portion of building within said easement is removed or destroyed, whether by an act of God or public enemy, said building shall be constructed outside the boundaries of this irrevocable offer of dedication for easement, regardless of whether the offer has been accepted or rejected by Grantee at the time of construction. Relocation of the building outside the boundaries of said easement is not required for incidental reconstruction., repair or rebuilding of the encroaching structure rendered necessary by ordinary wear and tear and which does not increase the degree of encroachment. 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 t^ day of /z^g^L 20g> & . D. Porter, formerly Joan D. Russell, 'as Trustee of the Joan D. Cook Separate Property Trust Established May 15, 1981. (Grantor) By: \4£nZ (Signature Name: Joan D. PSfter, Trustee s-\ <- By: ^•&&*^&H*-*Zhz4-~' lJ (Signature) Name: (Type or Print) Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 12854 State of California County of San Diego On (Date) personally appeared before me,"'**'^ [UtbU^- (Name, Title of Officer) (Name[s] of Signer[s]) , i>-persOnaliy known to me -OR - *w proved to me on the basis of satisfactory evidence to be the person^ whose namej(e) is/afer subscribed to the within instrument and acknowledged to me that /h€fshe/tb€y executed the same in -hts/her/tbetT authorized capacity^iesTT and that by >is7her/tbeir signature's^ on the instrument the person^, or entity upon behalf of which the personjts^acted, executed the instrument. WITNESS my hand and official seal NiCSYBESMA K COMM. #1545672 9 SAM DIEGO COUNTY £My Cornm. Expires January 18, 2009 rr*~D — r — 1-1 Signature oilNtotary (Seal) Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 12855 EXHIBIT A (PR 05-30) A portion of Lots 11 and 12 in Block "A" in Map No. 2 of The Hayes Land Company Addition, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4, 1909, described as follows: The northeasterly 5.00 feet of said Lots 11 and 12. The above described parcel of land contains 250 square feet, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Signature:: *J Dan Hooper, LS 7249 License Expires 12/31/06 Date: April 10, 2005 * EXPIRES 12-31-06 * I 12856 EXHIBIT B (PR 05-30) PUBLIC STREET DEDICATION VINCINITY MAP NO SCALE CITY OF CARLSBAD cS? Owner's Signature Joan D. Porter, formerly J^ajrt D. Russell, as Trustee of the Joan D. Cook Separate Property Trust Established May 15, 1981. Location: 2641 Qcean Street, Carlsbad Client: Joan D. Porter Type of Survey: Public Street Dedication APN: 203-140-09 Conway & Associates, Inc.753-1453 2525 Pio Pico Drive • Suite 102 * Carlsbad, CA 92008 CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION This is to certify that the interest in real property conveyed by the OFFER OF DEDICATION, dated March 23. 2006. from Joan D. Porter, formerly Joan D. Russell, as trustee of the Joan D. Cook Separate Property Trust Established May 15. 1981. 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. DATED: December 12. 2006 SHEILAJL COBIAN, Deputy City Clerk oo