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Home My WebLink AboutPR 07-50; ; 2007-0478356; Irrevocable Offer of Dedication IODRECORDING REQUESTED BY: City of Carlsbad Development Services Department WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drj; Carlsbad, CA 92008 T1545 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT /? DOC# 2007-0478356 JUL17, 2007 4:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH, COUNTY RECORDER FEES: 000 OC: NA PAGES 6 2007-0478356 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 213-122-10 Project No.: PR 07-50 (CUP 06-11) Project Name: Pacific Ridge School IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC PEDESTRIAN ACCESS PURPOSES FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah Corporation Sole 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 easement 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 surface improvements 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 surface improvements, 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 the location, construction, landscaping or maintenance of said surface improvements. 11546 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 x.) U-Vfc' , 20G1 *7 Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah Corporation Sole (Name^ST Company Name: Title: (Signature) (Type or Print) Name: Title: Name: Title: By: Name: Title: (Type or Print) (Type or Print) (Signature) (Type or Print) (Type or Print) CERTIFICATION FOR ACCEPTANCE OF DEED OFFER TO DEDICATE REAL PROPERTY^ ^^- to Dedicate Real , to the City of This is to certify that the interest in real property conveyed by the Irrevoca Property dated , 20 , from Carlsbad, California, a municipal corporation, is hejsby"1accepted by the City of Carlsbad, California pursuant to CMC Chapter 11.04.050i^depteaon September 16, 1997, and the grantee consents to the recordation thereof byjls-dtflyauthorized officer. Larraine M. Wood, City Clerk 11547 STATE OF UTAH :ss COUNTY OF SALT LAKE ) On this 4th day of June,2007, before me, D. Todd Evans, Notary Public, personally appeared Terry F. Rudd, personally known to me to be the Authorized Agent of the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints, a Utah Corporation Sole, who duly acknowledged to me that he signed the foregoing instrument as Authorized Agent for said Corporation, that the seal impressed on the within instrument is the seal of said Corporation, and the said Terry F. Rudd acknowledged to me that the said Corporation executed the same. D.TODD EVANS HOTAHY PUBLIC - STATEOF UTAHSO E. North Tempte,12th floorSalt Lake aty;U" 84150HvComm.Bq). 09/06/2008 Notary Public My commission expires: O^-Q tt •- @ & 11548 EXHIBIT "A" LEGAL DESCRIPTION FOR IRREVOCABLE OFFER OF DEDICATION OF PEDESTRIAN EASEMENT PR 07-50 A PORTION OF PARCEL 4 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 NORTHEASTERLY CORNER OF SAID PARCEL 4; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 89°20'23" WEST 106.60 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 DEPARTING SAID NORTHERLY LINE AND SOUTHERLY, 14.32 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°12'56"; THENCE TANGENT FROM SAID CURVE SOUTH 11°48'08" EAST 25.63 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 108.00 FEET; THENCE SOUTHERLY, 32.04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°59'47"; THENCE TANGENT FROM SAID CURVE, SOUTH 05°11'39" WEST 119.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE SOUTHERLY, 83.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°53'53"; THENCE TANGENT FROM SAID CURVE, SOUTH 31°05'31" WEST 48.74 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVIING A RADIUS OF 222.00 FEET; THENCE SOUTHWESTERLY, 114.81 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°37'50"; THENCE TANGENT FROM SAID CURVE, SOUTH 01°27'41" WEST 52.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 188.00 FEET; THENCE SOUTHERLY, 58.66 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°52'37"; THENCE TANGENT FROM SAID CURVE, SOUTH 19°20'19" WEST 9.14 FEET TO THE INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY OF PALMETTO DRIVE AS SHOWN ON SAID PARCEL MAP NO. 19958, SAID INTERSECTION ALSO BEING IN A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 29°52'00" EAST; THENCE NORTHWESTERLY, 4.04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°49'28"; THENCE DEPARTING SAID CURVE NORTH 19°20'19" EAST 8.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE NORTHERLY, 57.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°52'37"; THENCE TANGENT FROM SAID CURVE NORTH 01°27'41" EAST 52.46 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 226.00 FEET; THENCE NORTHEASTERLY, 116.88 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°37'50"; THENCE TANGENT FROM SAID CURVE NORTH 31°05'31" Page 1 of 2 11549 'EAST'48.74 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE NORTHERLY, 83.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°53'53"; THENCE TANGENT FROM SAID CURVE NORTH 05°11'39" EAST 119.16 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 104.00 FEET; THENCE NORTHERLY, 30.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°59'47"; THENCE TANGENT FROM SAID CURVE NORTH 11°48'08" WEST 25.63 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 136.00 FEET; THENCE NORTHERLY, 15.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 06°23'59" TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID PARCEL 4; THENCE DEPARTING SAID CURVE AND EASTERLY ALONG SAID NORTHERLY LINE SOUTH 89°20'23" EAST 4.02 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.051 ACRE, MORE OR LESS ?ONALD E. ROTH, PLS 5506 (LICENSE EXPIRES 09-30-08) Page 2 of 2 EXHIBIT 'B'11550 LEGAL DESCRIPTION: BEING A PORTION OF PARCEL 4 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. (R) INDICATES AREA OF IRREVOCABLE OFFER OF DEDICATION OF PEDESTRIAN EASEMENT 0.051 ACRE, MORE OR LESS INDICATES POINT OF COMMENCEMENT INDICATES TRUE POINT OF BEGINNING INDICATES RADIAL £ ROTH LICENSE EXPIRES 9/30/2008 DATE PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Environmental I Engineering I Survey 701BStr»«t, SutoSOO 819.235.8471 T4 92101 819.234.0349 Fax IRREVOCABLE OFFER OF DEDICATION OF PEDESTRIAN EASEMENT - CITY OF CARLSBAD PR 07-50SWEET; OF2 APPLICANT: PRS Acquisition & Constr. 12750 High Bluff Drive, Suite 200 Son Diego, CA 92130 P: \3336\MAPPING\PLA TS\3336_PA13_I.O.D.PED.ESUT.DED_PCL4.dwQ May 16, 2007 11551 EXHIBIT 'B' PCL 3 NO. L4 (.3 L6 L11 BEARING SOIVWW 519-20'19'W N19?0'19"E SSSVOWE LENGTH 52.46' 9.14' 8.57' 4.02' N.E. COR. PCL. 4 T.P.O.B. N89"20'2J"W -+418.02' " L=15.19' R=136.00 11 NH'48'08"WNH'48'08mW 25.63 25.63' =16-5 R'lO&OO' PJVJ 19958 N31V5'31"E 48.74' 29'37'50" =222.00' L=114.81' A=29'37'50ff R=226.00' L=116.88' A=17"52'37, R=184.0P'L=57.4r 52.46' I•frir R=188.00' N25'02'32"E(R R=188.00' L=58.66' DRIVE DETAIL 'A' NOT SCALE IRREVOCABLE OFFER OF DEDICATION OF PEDESTRIAN EASEMENT - CITY OF CARLSBAD PR 07-50 SHEET 2 OF 2 APPLICANT: PRS Acquisition & Constr. 12750 High Bluff Drive, Suite 200 San Diego, CA 92130 P: \3336\MAPPING\PLATS\3336_PA13_I.O.D.PED.ESMT.DED_PCL4.dwq May 16, 2007 s 11552 CERTIFICATION OF REJECTION OF IRREVOCABLE OFFER OF DEDICATION This is to certify that the Offer of Dedication, dated June 4. 2007. from Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Dav Saints, a Utah Corporation Sole, 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^?A^ ov ^"iV-.^- </. •• L3fl> ••'**-~. = 0/f