HomeMy WebLinkAboutSDP 03-13; ; 2005-0513388; Irrevocable Offer of Dedication IODRecording Requested By
When Recorded Mail To:
and
f' City of Carlsbad
\ 1200 Carlsbad Village Drive
Carlsbad, California 92008
Mail Tax Statement To: (same)
DOC # 2005-051 3388
JUN 20,2005 8:25 AM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH CUUNTY RECORDER
0 00 FEES
6 PAGES
(Exempt from filing fee pursuant to Government Code $6103)
SPACE ABOVE FOR RECORDERS USE ONLY
The undersigned grantor declares:
Documentary transfer tax is $ 0.00
0 computed on full value of property conveyed, or 0 computed on full value less value of liens and
0 Unincorporated area; 0 City of Carlsbad, and encumbrances remaining at time of sale
Assessor's Parcel No. 21 5-083-09
Project No. and Name: SDP 03-13; Morning Ridge
IRREVOCABLE OFFER TO DEDICATE
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KEYSTONE
CARLSBAD 28 LLC, a California limited liability company ("Grantor"), represents that it is the owner of the 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, a municipal corporation ("Grantee"),
its successors and assigns, fee title to the hereinafter described real property:
See Exhibit A, consisting of three (3) pages, attached hereto and made a part hereof; Exhibit
B, consisting of one (1) page, is attached for clarity only;
Grantor, for itself, its successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the real property hereby conveyed by reason of the location of or conservation activities on said real property.
TNESS WHERE F, Grantor has caused this Irrevocable Offer of Dedication to be executed
this "3- day of &&L ,20-.
KEYSTONE CARLSBAD 28 LLC, a California limited
liability company
BY: KEYSTONE COMMUNITIES, INC., a California
corporation, Manager
4/22/05 -1 - 037225-0117 279918.1
STATE OF CALIFORNIA 1 ) ss. COUNTY OF&b/& 0 )
,20*, before me, &%'!V * B.5AWE
n , a Notary Public in and for said Statd, personally appeared On this 35 day of #Pk/ 'L
KosS F~/~ER 1
personally known to me (or @ ) to be the person(@ whose name(@is/we subscribed to the within instrument and acknowledged to me that he/wexecuted the
same in his/h&thek authorized capacity(- and that by his/lxdtb& signature(@ on the instrument, the
personw, or the entity upon behalf of which the person(+ acted, executed the instrument.
WITNESS my hand and official seal.
Signature (Seal) Y
CERTIFICATION FOR REJECTION OF IRREVOCABLE OFFER OF DEDICATION
This is to certify that the interest in real property conveyed by the deed or grant dated
, 20Q5 , from KEYSTONE CARLSBAD 28 LLC, a California limited liability
com'p%ny, to the City of Carlsbad, California, a municipal corporation, is hereby rejected, and the Grantee
consents to the recordation thereof by its duly authorized officer.
xApc;\ %,5 *
The acceptance, rejection, and vacation of this irrevocable offer of dedication shall be subject to all
laws governing irrevocable offers to dedicate. This irrevocable offer of dedication shall bind Grantor and
Grantor's successors in interest as owners of the above property, and shall encumber the above-referenced property, until the offer has been accepted, vacated, or otherwise terminated.
-2- 037225-0117 279918.1
EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF LOT 29 OF CITY OF CARLSBAD TRACT NO. 98-05, DEJONG
PROPERTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14636, FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY ON JULY 23,2003, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 29; THENCE ALONG THE
EASTERLY, SOUTHERLY AND SOUTHWESTERLY LINE OF SAID LOT 29 THE
FOLLOWING: SOUTH 1'21 '1 2" EAST, 964.12 FEET; THENCE NORTH 87'29'27" WEST,
449.14 FEET; THENCE NORTH 43'1 1'32" WEST, 20.76 FEET TO A POINT ON THE
EASTERLY LINE OF THE FIRE HAZARD REDUCTION ZONE PER SECTION 142-0412 OF
THE LAND DEVELOPMENT CODE AS SHOWN AND DESCRIBED ON SHEET NO. 8 OF
SAID MAP 14636; THENCE LEAVING SAID SOUTHWESTERLY LINE ALONG SAID
EASTERLY LINE THE FOLLOWING: NORTH 35'36'54" WEST, 144.39 FEET; THENCE
NORTH 41 '08'41" WEST, 66.16 FEET; THENCE NORTH 42'0830" WEST, 69.67 FEET;
THENCE NORTH 40'32'32" WEST, 50.06 FEET; THENCE NORTH 39'51'29" WEST, 172.52
FEET; THENCE NORTH 41 "0934" WEST, 35.54 FEET; THENCE NORTH 53'28'47" WEST,
55.14 FEET; THENCE SOUTH 82'24'25" WEST, 72.77 FEET; THENCE SOUTH 68'45'09"
WEST, 45.44 FEET; THENCE SOUTH 59'37'22" WEST, 47.59 FEET; THENCE SOUTH
41'0913" WEST, 66.19 FEET;THENCE SOUTH 51 '09'36" WEST, 14.33 FEET; THENCE
SOUTH 57'10'20'' WEST, 37.24 FEET; THENCE SOUTH 77'55'04" WEST, 18.66 FEET;
THENCE NORTH 58'33'05" WEST, 26.78 FEET; THENCE NORTH 40'06'15'' WEST, 57.28
FEET; THENCE NORTH 8'57'56 WEST, 3.80 FEET; THENCE NORTH 32"28'05" WEST,
43.50 FEET; THENCE NORTH 25'26'09" WEST, 13.64 FEET; THENCE NORTH 9'02'33"
WEST, 45.69 FEET; THENCE NORTH 2'02'04" WEST, 23.74 FEET; THENCE NORTH
51 "16'04" WEST, 5.04 FEET; THENCE NORTH 50'57'51" WEST, 4.96 FEET; THENCE
SOUTH 85'1933" WEST, 10.00 FEET; THENCE NORTH 72'33'11'' WEST, 6.44 FEET;
THENCE NORTH 84'13'15" WEST, 5.40 FEET; THENCE SOUTH 79'58'42" WEST, 12.86
PAGE 1 OF 3 M:\2419\Legal DescriptionsiAOl LOT 29 Conservation Esrnt.doc
WO 2419-3 3130105
FEET; THENCE NORTH 9'44'45'' WEST, 5.58 FEET; THENCE NORTH 16'00'03" EAST,
19.06 FEET; THENCE NORTH 20'20'08 EAST, 17.98 FEET; THENCE NORTH 19'02'08"
EAST, 12.54 FEET; THENCE NORTH 28'13'19" EAST, 13.06 FEET; THENCE NORTH
38'12'59' EAST, 13.36 FEET; THENCE NORTH 43'31'24' EAST, 16.12 FEET; THENCE
NORTH 43'5353' EAST, 16.33 FEET; THENCE NORTH 37'3843" EAST, 17.27 FEET;
THENCE NORTH 13"3628" EAST, 21.35 FEET; THENCE NORTH 17'42'35" EAST, 33.93
FEET; THENCE NORTH 18'24'06' EAST, 17.39 FEET; THENCE NORTH 24'58'1 1" EAST,
49.51 FEET; THENCE NORTH 24'25'43" WEST, 82.05 FEET; THENCE NORTH 3'04'17"
WEST, 47.95 FEET; THENCE NORTH 43'0355'' WEST, 46.85 FEET; THENCE LEAVING THE
EASTERLY LINE OF SAID FIRE HAZARD REDUCTION ZONE ALONG A LINE THE IS 5.00
FEET SOUTHERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF LOT 27 OF SAID
MAP NO. 14636, NORTH 89'59'33" EAST, 14.16 FEET TO A POINT ON THE EASTERLY
LINE OF SAID FIRE HAZARD REDUCTION ZONE; THENCE LEAVING SAID PARALLEL
LINE, ALONG THE EASTERLY LINE OF SAID FIRE HAZARD REDUCTION ZONE THE
FOLLOWING: SOUTH 54'4855'' EAST, 98.52 FEET; THENCE SOUTH 29'39'19" EAST, 15.89
FEET; THENCE SOUTH 31 '5850" WEST, 35.28 FEET; THENCE SOUTH 72'3324" EAST,
22.27 FEET; THENCE SOUTH 87'02'02" EAST, 20.52 FEET; THENCE NORTH 90'00'00"
EAST, 4.86 FEET; THENCE NORTH 89'04'47" EAST, 9.41 FEET; THENCE NORTH 86'28'46"
EAST, 15.27 FEET; THENCE NORTH 86'08'04" EAST, 3.82 FEET; THENCE SOUTH
87'16'35" EAST, 5.19 FEET; THENCE SOUTH 77'40'38' EAST, 8.58 FEET; THENCE SOUTH
56'00'37" EAST, 7.81 FEET; THENCE LEAVING SAID FIRE HAZARD REDUCTION ZONE
SOUTH 42'54'00" EAST, 18.40 FEET; THENCE SOUTH 53'04'00" EAST, 15.68 FEET;
THENCE SOUTH 67'09'00" EAST, 34.17 FEET; THENCE SOUTH 46"21'00" EAST, 5.58
FEET; THENCE NORTH 60'38'00'' EAST, 14.28 FEET; THENCE NORTH 71'42'00' EAST,
25.20 FEET; THENCE NORTH 75'32'00" EAST, 25.61 FEET; THENCE NORTH 53'4000"
EAST, 28.62 FEET; THENCE NORTH 20'20'00'' EAST, 29.68 FEET; THENCE NORTH
00'51'00 EAST, 26.61 FEET; THENCE NORTH 26'42'00" WEST, 115.92 FEET; THENCE
NORTH 0'0027" WEST, 2.13 FEET TO THE NORTHERLY LINE OF SAID LOT 29; THENCE
ALONG SAID NORTHERLY LINE, NORTH 89'59'33" EAST, 906.95 FEET TO THE POINT OF
BEGINNING.
PAGE 2 OF 3
M:\2419\Legal Descriptions\AOl LOT 29 Conservation Esmt.doc WO 2419-3 3/30/05
RESERVING FROM THE PROPERTY DESCRIBED ABOVE (the “Conservation Land“) for the
benefit of and appurtenant to each portion of the real property within CITY OF CARLSBAD
TRACT 98-05 DEJONG PROPERTY, according to Map thereof No. 14636, filed in the Office of
the County Recorder of San Diego County, California, on July 23, 2003, a non-exclusive
easement for drainage according to the patterns for drainage created by the approved grading plans for the CITY OF CARLSBAD TRACT 98-05 DEJONG PROPERTY, as well as according
to the actual, natural and existing patterns for drainage;
FURTHER RESERVING FROM THE CONSERVATION LAND for the benefit of MORNING
RIDGE HOMEOWNERS ASSOCIATION, a California non-profit mutual benefit corporation, a non-exclusive easement for access over, upon and across the Conservation Land for purposes
of performing slope maintenance and brush management on land other than the Conservation
Land within CITY OF CARLSBAD TRACT 98-05 DEJONG PROPERTY, according to Map
thereof No. 14636, filed in the Office of the County Recorder of San Diego County, California,
on July 23,2003.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 19.224 ACRES, MORE OR
LESS.
/ A.S.7322
HUNSAKER & ASSOCIATES SAN DIEGO, INC.
PAGE 3 OF 3
MA241 9\Legal DescriptionsWOl LOT 29 Conservation Esrnt.doc WO 24 193 3l30105
EXHIBIT ”B”
P. 0.6.7
R \0006\MP\EP CONSERVATION EASEEN1 SHT 01 .OK[ 2167hr-29-2005: 16: 19