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Home My WebLink AboutPR040106; ; 2005-0107421; Irrevocable Offer of Dedication IODDOC # 2005-01 07421 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 I lllllll Ill1 1111111111111111111111111 Ill11 11111 111ll Ill11 11111 Ill1 1111 FEB 08,2005 4:48 PM OFFICIAL RECORDS 5AN DIEGO COUNTY RECORDER’S OFFICE GHEGORS J SMITH COUNT’( RECORDER FEES 0 uo OC NA 5 PAGES I11111 11111 11111 1111 11111 11111 1111 11111 11111 Ill11 Ill11 1111 Ill11 11111 Ill1 1111 I SPACE ABOVE THIS LINE FOR RECORDER’S USE cp (/ The undersigned grantor@) declare@): Documentary transfer tax is $ ( ) computed on full value of $r tb ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. Assessor’s Parcel No. 156-1 42-1 2 Project No. & Name CB043634, PRO401 06 Cruz Residence-2835 Wilson Street IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Leroy M. Cruz and Dee Dee M. Cruz, husband and wife as joint tenants 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 “6 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 (1 0’) 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. 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 MasterdDeeds-Grant Deeds-Easementdlrrevocable Offer to Dedicate Real Property for Public Street 8 Public Utility Purposes REV: 9/28/2004 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. 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 Wit ss Whereof, the this kfm dayof "j.,,&t.VLj .2003 . ntor has caused this Irrevocable Offer of Dedication to be executed Leroy M. Cruz and Dee Dee M. Cruz Husband and wife as joint tenants By: Name: Leroy M. Cruz W (Signature) Name: Dee Dee M. Crur (Type or Print) CERTIFICATION FOR ACCEPTANCE OF DEED OFFER TO DEDICATE REAL PROPERTY This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate City of Carlsbad, California, a municipal corporation, is hereby accepted by the City of Carlsbad, California pursuant to CMC Chapter 11.04, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. Real Property dated January 18t42005 from Leroy M. & Dee Des M. Cruz , to the Date: February 2, 2005 KkH6 R. KWa MasterdDeeds-Grant Deeds-EasemenWlrrevmble Offer to Dedicate Real Properly for Public Sireat 8 Public Utility Purposes REV: 9/28/2004 State of California 1 1 County of San Diego 1 1 (Nar$e, Title of Officer) On /-/$-E before me, 6flflk&UEZ./ /duy (Date) &flz- hi33 personally appeared /E#M.f ame[s] of Signer[s]) , Cl personally known to me -OR - dproved 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 signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. W ITNESSimy hand and official seal (Seal) MasterdDeeds-Grant Deeds-Easementdlrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 9/28/2004 .. EXHIBIT “A” The northeasterly 10’ of the following described property: All that portion of Lot 4 of Wilsonia Tract, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2169, filed in the Office of the County Recorder of San Diego County, August 13, 1929, described as follows: Beginning at the most easterly corner of said Lot 4; thence along the northeasterly line of said Lot 4 north 34’ 33’ west a distance of 217.36 feet to a point, said point being the most northerly comer of the land conveyed to George Ede by deed recorded in Book 17 1 1, Page 498 of Official Records of San Diego County and the true point of beginning; thence continuing north 34’ 33’ west along the northeasterly line of said Lot 4 of Wilsonia Tract a distance of 63 feet; thence south 55 ’ 27’ west parallel with the northwesterly line of said Ede’s land a distance of 200 feet to a point in the northeasterly line of land described in deed to William Hynes, et ux recorded June 19, 1957 in Book 6628, Page 237 of Official Records; thence along said northeasterly line south 34’ 33’ east 63 feet to the southeasterly corner of said Hines’ land; thence north 55” 27” east a distance of 200 feet to the true point of beginning. Approximate area is 630 square feet I 0“ 156-1 4 b 1 ”= 100’ v 7/11/2003 SM I C H A N G E S 1 MAP 14517 - CARLSBAD TCT NO 98-16 MAP 2169- WILSONIA TCT - POR. ROS 1474