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Home My WebLink About2014-09-09; City Council; Resolution 2014-219D 0 C tt 201 4-0427754 1111111111111111111111111111111111111111111111111111111111111111111111 RECORDING REQUESTED BY: Carlsbad City Clerk's Office WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad,CA 92008 OCT 01 , 2014 4:54 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg. Jr.. COUNTY RECORDER FEES: 39.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE City of Carlsbad RESOLUTION NO. 2014-219 ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION DOCUMENT NO. 84-384022, GENERALLY LOCATED AT 2311 CAMINO HILLS DRIVE 9 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 2014-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION DOCUMENT NO. 84-384022, GENERALLY LOCATED AT 2311 CAMINO HILLS DRIVE. EXHIBIT 1 WHEREAS, the tentative map of CT 06-13, Tabata 10, was approved by Planning Commission on July 15, 2009; and WHEREAS, the approval was conditioned to complete Camino Hills Drive improvements along the project frontage; and WHEREAS, A portion of the required Camino Hills Drive is located outside the project boundary; and WHEREAS, An irrevocable offer to dedicate real property document no. 84- 13 384022 (IOD) made pursuant to section 7050 of the Government Code provides adequate right- 14 of-way for that portion of Camino Hills Drive located outside the project boundary; and 15 WHEREAS, Pursuant to section 7050 of the Government Code, the IOD may be 16 accepted at any time by the city council of the city within which such real property is located at 17 the time of acceptance; and 18 WHEREAS, staff recommends acceptance of the IOD in that it provides the 19 required public right-of-way for Camino Hills Drive. 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the irrevocable offer to dedicate real property document no. 84- 384022, described in Exhibit 4, is accepted. 3. That the City Clerk is directed to record this resolution in the Office of the County Recorder of San Diego County. -1- 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City 2 of Carlsbad on the 9th day of September 2014, by the following vote to wit: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. NOES: None. ABSENT: None. ATTEST: -.l'rii,:;, IN:>-1 kuMt:l'd h.); ....... ,. 46i' RFr::r-.~~·~ .n T~-·~ ~EQUEST 01'. ~ Si,:-~'-v !ilL~ INSUI<ANCE ~0 • • lerl(, Board of Supervisors San Diego County Administration Center 1600 Pacific Highway San Diego, California 92101 IS8~ OCT I 0 ~.M 10: 3 7 RECORDED REQUEST OF ~VER,\ L _ ~-· L i-~· DEPT. GENERAL SERVICES OLINTY f~~-t:Oi·::Jdl cExH-t~tT L/ p a l>E. .:J c.f .5 NO TRANSFER TAX DUE . --------------------------------~~SPACE.ABOVE FOR RECORDER~ USE ONLY----·- frreVOCable OHer To· Dedicate Real Property NO FEE Assessor's Parcel No. 2JZ~Q50~78 31 Project CT 83-25 W. 0. No.~TY""2~4z..OO~-----Parcel No. 84-00Z3~A Log No. 930.11 YOUNG MEN'S CHRISTIAN ASSOCIATION OF SAN DIEGO COUNTY, formerly YOUNG MEN'S CHRISTIAN ASSOCIATION OF SAN DIEGO AND SAN DIEGO COUNTY, a nonpX'ofit corporation hereinafter designated Grantor()(), represent that it is the owner('ijt of the hereinafter described real property, and .for a valuable consideration hereby make{s) an Irrevocable Offer of Dedication of the. hereinafter des· cribed real property ~or the following P!Jblic purpose: PUBLIC HIGHWAY The real property referred to above is 'sitvated in the unincorporated area of ·the County of San Diego, State of California, and is more particularly described as follows: Parcel No. 84-0073-A (3-7-84) (LT:LT:rlf) Those portions of Lot F in the Rancho Agua Hedionda in the County of San Diego, State of California, according to Map thereof No. 823 filed in the Office of the Recorder of said County November 16, 1896, included in that land described in deeds to Young ~en's Christian Association of San Diego and San Diego County recorded December 31, 1971 and March 28, 1972, as File/Page Nos. 397790 and 73319, respectively, in said Recorder's Office, lying withi·n a 60,00 foot wide strip of land, the sidelines of said strip lying 30.00 feet on each side· of the following described centerline: CCSF, 85,32, 5/77 ., ' \ I I I I \ I I \ \ \ \ 46.8 ' Parcel No. 84·0073-A (Cont.) Commencing at the most Easterly corner of Parcel 1 of Parcel Map No. 2461, recorded March 21, 1974, in said Recorder's Office; thence along the North- easterly prolongation of the Southeaster.ly line of said Parcel l • 45.02 feet to the centerline of El Camino Real, R.S. 1800-1. as shown on said Parcel Map No. 2481; thence along said center- line North 52°31' !7'' West. 680.96 feet to S.C. 407+57.Z5 at the beginning of a tangent 3500.00 foot radius curve concave Southwesterly; thence North-westerly along said curve through a central angle of 00°10'25" a distance of 10.60 feet to the TRUE POINT OF BEGINNING; thence leaving said centerline £'1.\4-le,IT y Pets€ ~ of' .s of R.S. 1600-1 South 37°28'43'' West. 572.74 feet to the beginning of a tan-gent 1000.00 foot radius curve concave Northwesterly; thence Southwesterly along said curve through a central angle of 04°57'06" a distance of 86.4Z feet to a point of tangency in the Easterly prolongation of the Northerly line of that land described in deed to Ivar, N. v., -a Netherlands Antilles corporation, recorded December 28, 1979, as File/Page No. 79-540030 in said Recorder's Office; thence along said Northerly line and the Easterly prolongation thereof South 42°25'49" West, 970.90 feet to a point of tangency in an arc of that 600.00 foot radius curve concave Southeasterly, in the centerline of Slippery Hill Lane, as said centerline is shown on P~rcel Map No. 8403, recorded February 8, 1979, in said Recorder's Office; thence Southwesterly along said curve through a centra1 angle of 20°02'30" a distance of 209.88 feet to the most Northerly corner of said Paree1 Map no. 8403; thence continuing along said curve and the Northwesterly line of said Parcel Map No. 8403 through a central angle of 05°44'35" o distance of 60.14 feet to a POINT OF TERMINUS. · . nv "·" 4G9 ~'-.f.fl~tl t[ fg_~ 3of j • T.he ;GTantor hereby further offers to the Count'/ of San Diego the privilege and right to extend drainage structures <md excavation and f!mbankment slopes beyond the limits of the herein described right-of-WaY where required for the <;_oi'IStruction and maintenance of said County Highway. 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 County and/or District Engineer of Grantee, the necessity therefore is removed by substi- tuting other protection, support and/or drainage facility, provided such substitution is first approved in writing by said Engineer(s). · _ · · · ' The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within saio right-of-way, including the right to .take· water, 'together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruc- tion, impr~vement or maintenance of said highway. 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, land· scaping or maintenance of said highway. · fl,~v,;~ A70; . . .. . . . .. .~. ~, .. ' '~ ... Tt;js OH~r o'i Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may bet~ptad at any time by the city council of the city within which $UCh real property is located at the time of accep- tance or, if located in the unincorporated territory, by the Board .of Supervisors of the County of San Diego. This Offer of Dedication may be . terminated and the right to ,«!!:cept such offer abandoned in the Slime manner as is prescribed for the vacation of streets or highways by Part 3 o,Division 9 or Chapter 2 of Division 2 of Streets and Highways Code of the State of California, whichever is applicable •. Such termination ·and abandonment may be made by the city cpuncil of the city within which such real property is located, or if located in the unincorpora~ territory, by th~ Board of Su~ervisors of the County of San Diego. This Offer of Dedication shall be irrevocable and shall be binding on the Grantor~_-..~i...,t"'s ____ heirs, Cixecutors, , .administrators, succ~rs and assigns. In Witne'ss Whereof, the GrantoriXl-::--·:.::ha::.:S;:.__:__........_...,.caused this Jrrevocable Offer of Dedicati.on to be executed this 3rd . day .of . Octooer , 19...§1 · . • ·] ·! . ' .... -·~~--·--... ..... .. ~ ...... _.... ..... ' STATE OF::------)) ·ss County of ---'-----· On this . ·day o'f :. : , i9 , before. me, tlie undersigned,, a No~ary Public in and for said County and State; personally appeared known to me to be the · of ..,.t,.:.he_a_s_s_o_c1.,...., a~t;-.i,.-o_n_t~h,_a...,t __ e,...xe-:-c-u-;t-e-.d~thre- within instrument and known to me to be the person ·who executed the within instrurne.nt on ~ .tiehalf of said association, and acknowledged to me that such ·associat1on executed the within instrument pu~suant to a Resolution of its Governing Board. 'i WI lNESS my hand and Offici a 1 Seal Signature. _______ __...: __ Name {Typed or Printed) · {This area for Official Notarial sean I certify on behalf of the Board of Supervisors of the County of San Diego pursuant to authority conferred by Resolu- tion of said Board adopted on March 20, 1979, that the County of San Diego consents to the making of the foregoing · Irrevocable Offer and consents to recordation thereof by its duly authorized officer . • Datedj; ~· 41 1 94'/ . · , . · . . · Q.· .-k.k~~: \S:::/' FRANK C. DEMLING, Chief· Real Property Management Division Department of General Services , _______ . .,, __ ---·----~-----·--·--- _...._-~-----··~.., -----·--·-~-------............ _~ ..... -........... ·····-··~·---· . ······-·····-·-· ··---· • "''''' •...• -~ "'' ~ ·--............. ,. .. ________ .............. --.. ---!.-. STATE OF CALIFORNIA COUNTY OF .5/z.u J)/tff(Qc ACKHOWU:DGMENT-Corp.-Pres, & Sec.-Wolcolls fonn 222CA-Jieo<, 5-82 1!)1982 WOLCOTIS. INC. }ss. On this ,J.RD day of Qem6q .. In the year 19.ff, me, the. undersigned, a Notary Public ln and lorsaid State, personally appeared I. A , C'o -~--~-------and C.l..,ff.t>&D ~uGS Sec ge TA& )1: . . · . , personally known 10 me (or proved to me on the basts of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary, respectively, of the Corporation therein named, and acknowledged to me that the Corporation executed it pursuant to its by-laws or a resolu• lion of its board of directors. WITNESS my hand alld official seat. . &e.wA'·e. ~. A~rz"' 4;p ~ Notary PubliC In atcff:said State. . . STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. I, Shelley Collins, Assistant City Clerk of the City of Carlsbad, County of San Diego, State of California, hereby certify that I have compared the foregoing copy with the original RESOLUTION NO. 2014-219, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION DOCUMENT NO. 84-384022, GENERALLY LOCATED AT 2311 CAMINO HILLS DRIVE, with the original now on file in the Office of the City Clerk of the City of Carlsbad; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said City of Carlsbad, this 17th day of September, 2014. 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. 2014-219 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION DOCUMENT NO. 84-384022, GENERALLY LOCATED AT 2311 CAMINO HILLS DRIVE. EXHIBIT 1 WHEREAS, the tentative map of CT 06-13, Tabata 10, was approved by Planning Commission on July 15, 2009; and WHEREAS, the approval was conditioned to complete Camino Hills Drive improvements along the project frontage; and WHEREAS, A portion of the required Camino Hills Drive is located outside the project boundary; and WHEREAS, An irrevocable offer to dedicate real property document no. 84- 13 384022 (IOD) made pursuant to section 7050 of the Government Code provides adequate right- 14 of-way for that portion of Camino Hills Drive located outside the project boundary; and 15 WHEREAS, Pursuant to section 7050 of the Government Code, the IOD may be 16 accepted at any time by the city council of the city within which such real property is located at 17 the time of acceptance; and 18 WHEREAS, staff recommends acceptance of the IOD in that it provides the 19 required public right-of-way for Camino Hills Drive. 20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 21 California, as follows: 22 1. That the above recitations are true and correct. 23 2. That the irrevocable offer to dedicate real property document no. 84- 24 384022, described in Exhibit 4, is accepted. 25 3. That the City Clerk is directed to record this resolution in the Office of the 26 County Recorder of San Diego County. 27 28 -1- 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City 2 of Carlsbad on the 9th day of September 2014, by the following vote to wit: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. NOES: None. ABSENT: None. ATIEST: