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HomeMy WebLinkAboutPR 07-49; ; 2007-0478357; Irrevocable Offer of Dedication IODRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 fa NF tcfl 11553 DOC# 2007-0478357 JUL17, 2007 4:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG0RYJ. 5MITH,COUNTY RECORDER FEES: 0.00 PAGES N9 2007-0478357 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 Assessor's Parcel No.: 213-122-08 & 09 Project No.: Project Name: PR 07-49 (CUP06-11) Pacific Ridge School IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC PEDESTRIAN ACCESS PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, PRS Acquisition and Construction LLC, a California Limited Liability Company 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 PEDESTRIAN ACCESS 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 two (2) pages is attached for clarity only. The Grantor hereby further offers to the City of Carlsbad the privilege and right to extend and access surface improvements, excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said pedestrian improvements. 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 easement hereby conveyed by reason of location, construction, landscaping or maintenance of said surface improvements. 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 11.04.050.11554 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 7^ day of ^U/l€ 2007 . Name: \tflHP By: (Signature) (Type or Print) (Sigpalure) Name: (Type or Print) CERTIFICATION FOR ACCEPTANCE OF DEED OFFER TO DEDICATE RE AUPRt)PER1 This is to certify that the interest in real property conveyed by th Real Property dated , 20 , from 'ocable Offer to Dedicate to the City of Carlsbad, California, a municipal corjDjiEatto'n, is hereby accepted by the City of Carlsbad, California pursuant to CMC Chapter^fT04.050, adopted on September 16, 1997, and the grantee consents to thejecoraation thereof by its duly authorized officer. KAREN R. KUNDTZ, Assistant City Clerk State of California County of San Diego On*" (Date) personally appeared before me, 11555 Lnn Svbert • U & •&'+ (Name, Title of Officer) «. f (Name[s] of Signers]) , 0 personally known to me -OR - fef proved to me on the basis of satisfactory evidence f\to be the person(^ whose namefo) (js^are subscribed to the within instrument and / N /T5^acknowledged to me thaiyheishe/they executed the same in(his/ner/their authorized capacity(tee), and that by(N^/her/their signature^ on the instrument the person(iO, or > entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal IWA IYNN SVBWT" CommiMion # 1707158 notary PubKe - CaWomta i County i Signature of Notary (Seal) 11556 EXHIBIT "A" PR 07-49 LEGAL DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION OF PUBLIC PEDESTRIAN EASEMENT A PORTION OF PARCEL 2 AND PARCEL 3, AS SHOWN ON CITY OF CARLSBAD MS NO. 04-19A, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 19958, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 27, 2006, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL 3; THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 3, NORTH 89°20'23" WEST 106.64 FEET TO THE INTERSECTION WITH A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 132.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 84°24'47" WEST, SAID INTERSECTION ALSO BEING THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 89°20'23" WEST 4.02 FEET TO THE INTERSECTION WITH A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 136.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 84°35'51" WEST; THENCE DEPARTING THE SOUTHERLY LINE OF SAID PARCEL 3 AND NORTHERLY, 30.45 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°49'37"; THENCE TANGENT FROM SAID CURVE NORTH 07°25'28" EAST 73.99 FEET; THENCE NORTH 47°34'32" WEST 14.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 55.00 FEET; THENCE NORTHWESTERLY, 32.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°02'31"; THENCE TANGENT FROM SAID CURVE NORTH 13°32'01" WEST 134.03 FEET; THENCE NORTH 07°21'05" EAST 102.76 FEET; THENCE NORTH 09°51'10" EAST 187.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 55.00 FEET; THENCE NORTHEASTERLY, 49.62 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 51°41'23" TO THE INTERSECTION WITH A NON-TANGENT, COMPOUND CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 144.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 82°35'23" WEST; THENCE 4.58 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°49'25"; THENCE DEPARTING SAID CURVE, NORTH 78°54'36" EAST 39.25 FEET TO THE INTERSECTION WITH A NON-TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 105.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 86°28'04" WEST; THENCE 17.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°38'16"; THENCE TANGENT FROM SAID CURVE NORTH 05°51'34" EAST 17.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 105.00 FEET; THENCE NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°21'37" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 03°13'21" EAST; THENCE EASTERLY, 2.86 FEET ALONG Page 1 of 2 11557 SAID CURVE THROUGH A CENTRAL ANGLE OF 08°1 1'53" TO THE INTERSECTION WITH AN EASEMENT IN FAVOR OF THE CITY OF CARLSBAD FOR GENERAL UTILITY AND ACCESS PURPOSES PER DOCUMENT RECORDED MAY 14, 2007 AS DOCUMENT NO. 2007-0327621 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE DEPARTING SAID CURVE AND ALONG THAT PORTION OF SAID EASEMENT LINE, SOUTH 4.10 FEET TO THE INTERSECTION WITH A NON- TANGENT CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 16.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 14°19'49" EAST, SAID INTERSECTION ALSO BEING IN THE SOUTHERLY SIDELINE OF SAID EASEMENT; THENCE WESTERLY, 3.10 FEET ALONG SAID EASEMENT SIDELINE THROUGH A CENTRAL ANGLE OF 11°06'28" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 101.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 03°13'21" EAST; THENCE WESTERLY AND SOUTHWESTERLY, 154.00 FEET ALONG SAID CURVE AND EASEMENT SIDELINE THROUGH A CENTRAL ANGLE OF 87°21'37"; THENCE TANGENT FROM SAID CURVE SOUTH 05°51'34" WEST 17.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 101.00 FEET; THENCE SOUTHERLY, 13.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°56'18"; THENCE DEPARTING SAID CURVE SOUTH 71°55'42" EAST 5.84 FEET; THENCE SOUTH 06°22'20" EAST 9.63 FEET; THENCE SOUTH 78°54'36" WEST 46.62 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 30°46'41" WEST ; THENCE SOUTHWESTERLY, 43.08 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 49°22'09"; THENCE TANGENT FROM SAID CURVE SOUTH 09°51'10" WEST 187.81 FEET; THENCE SOUTH 07°20'52" WEST 106.78 FEET; THENCE SOUTH 13°32'01" EAST 127.50 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY, 29.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34°02'31"; THENCE TANGENT FROM SAID CURVE SOUTH 47°34'32" EAST 11.48 FEET; THENCE SOUTH 82°34'32" EAST 3.34 FEET; THENCE SOUTH 07°25'28" WEST 79.64 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 132.00 FEET; THENCE SOUTHERLY, 29.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°00'41" TO THE TRUE POINT OF BEGINNING. CONTAINS 0.113 ACRE, MORE OR LESS BY: RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09-30-08) DATE: Page 2 of 2 EXHIBIT 'B*11558 LEGAL DESCRIPTION: BEING PORTIONS OF PARCELS 2 AND J OF PARCEL MAP 19958 BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION OF THE EASTERLY LINE OF PARCEL 2 PER PM 19958 i.e. N05"51'45"E LEGEND: P.O.C. T.P.O.B. (PRO) (PCC) (R) INDICATES AREA OF IRREVOCABLE OFFER OF DEDICATION OF PUBLIC PEDESTRIAN EASEMENT 0.//J ACRE, MORE OR LESS INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES POINT OF REVERSE CURVE INDICATES POINT OF COMPOUND CURVE INDICATES RADIAL RONALD L ROTH LICENSE EXPIRES 9/30/2008 DATE EXPIRES 9-30- °& No. 5506 PROJECT DESIGN CONSULTANTS Planning | Landscape Architecture I Environmental I Engineering I Survey 701 BStratt, Suite 800 Tfll IRREVOCABLE OFFER OF DEDICATION OF PUBLIC PEDESTRIAN EASEMENT - CITY OF CARLSBAD SmDfego,CA 92101 019.234.0349 Fax PR 07-49SHEET; OFj APPLICANT: PRS Acquisition & Constr. 12750 High Bluff Drive, Suite 200 San Diego, CA 92130 P: \3336\UAPPING\PLATS\3336_PA13_I.O.D.PED.ESUT.DED_PCL2 AND J.dwq May 25, 2007 EXHIBIT 'B' 4=87-21 \ R=105.00' 1=160.10' 4=87-21 "37" \-C12pr &=51'4l'23m R=55.00' L=49.62' LOT 20 N13'32'01"W 134.03' R=55.00' L=32.68' L=29.71' SEE DETAIL I 42' ,37' N07-2_5'28'E 79.64' SEE DETAIL 'D' N07-25'28'E 73.99' jt89-20'23"W. 11559 CURVE C1 C2 CJ C4 C5 C7 C8 C9 C11 C12 C/J C14 LENGTH 154.00' 3.10' 2.86' 160.10' 17.66' 32.68' 30.45' 29.98' 61.13' 13.98' 4.58' 2.86' RADIUS 101.00' 16.00' 20.00' 105.00' 105.00' 55.00' 136.00' 132.00' 50.00' 101.00' 144.00' 20.00' DELTA 87-21 '37" 11-06'28" 8-11'53" 87-21 '37" 9'38'16" 34V2'31" 12'49'37" 13W41" 70"03'15" 7^6'18" 1'49'25" 0811 '53" NO. LI L3 L4 L5 L8 L10 L12 LI 3 L17 L18 LI 9 L20 BEARING NOOW'OO'E S05-51'34"W N7ff54'J6"E 509-51 "10"W S47-34'32"E S89-20'23"E N82'34'32"W N47-34'32"W N78-54'36"E N06-22'20"W N71-55'42"W N05-51'34"E LENGTH 4.10' 17.25' 39.25' 187.06' 14.18' 4.02' 3.34' 11.48' 46.62' 9.63' 5.84' 17.26' GENERAL UTILITY EASEMENT PER DOCUMENT RECORDED MAY 14, 2007 AS DOCUMENT No.2007-032762l SBAD TRACT CT 00-06 MAP NO, 14600 IRREVOCABLE OFFER OF DEDICATION OF PUBLIC PEDESTRIAN EASEMENT - CITY OF CARLSBAD PR 07-49 SHEET 2 OF 3 APPLICANT: PRS Acquisition <fr Constr. 12750 High Bluff Drive, Suite 200 Son Diego, CA 92130 P: \3336\UAPPING\PLATS\3336_PA13J.O.D.PEb.ESUT.DED_PCL2 AND J.dwq Woy 25, 2007 EXHIBIT 'B* .*">' 11560 '37- ^ NOOW'00"E 4.10' N14'19'49"E (R) P&V DETAIL 'A' ~ V NOT SCALE 17.25' A=09'38'16" R=105.00'5'51'34*E 17.26' " R=101.00'L=13.99' N88'W'20"E_(Rl W 5.84' N06"22'20"W 9.63' N78t54'X"E 46.62' A=34V2'31 R=50.00' , L=29.71' '47'34'32'W1 11.48' I N82'34'32''W 3.34'i NOT SCALE R= 136.00' L=30.45' DETAIL ' NOT SCALE ' A=13W'41' R=132.00' L=29.98' N89"20'23"W 4.02' <>; .V DETAIL 'D1 NOT SCALE IRREVOCABLE OFFER OF DEDICATION OF PUBLIC PEDESTRIAN EASEMENT - CITY OF CARLSBAD PR 07-49 SHEET 3 OF 3 APPLICANT: PRS Acquisition & Constr. 12750 High Bluff Drive, Suite 200 Son Diego, CA 92130 P: \3336\MAPPING\PLATS\3336_PA13J.O.D.PED.ESMT.DED_PCL2 AND J.dwq May 25, 2007 11561 CERTIFICATION OF REJECTION OF IRREVOCABLE OFFER OF DEDICATION This is to certify that the Offer of Dedication, dated June 7. 2007. from PRS Acquisition and Construction LLC. 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: July 12, 2007 RONNA STICKROD, Deputy Clerk ^';!^4