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HomeMy WebLinkAboutSDP 16-13; Carlsbad Veteran Housing LP; 2020-0482809; EasementAssessor's Parcel No. 204-111-02 Project ID: SDP 16-13 Related Project ID: Related Project ID: Project Name: PR 2020-0004 Oak Veterans Housing DOC# 2020-0482809 Ifill1111111111111111111111111111111111111111111111111111111111 Aug 25, 2020 11:02 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 8 RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr, Carlsbad, CA 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 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 IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Carlsbad Veteran Housing, LP 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, a 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" attached hereto and made a part hereof. Exhibit "B" 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 (10') 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 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 11.04.050. 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 Gr3ntor has caused this Irrevocable Offer of Dedication to be executed this 9 day of "MI , 20 10 Carlsbad Veteran Housing, LP (Signature) Name: (Print) (Notarial acknowledgement of execution of PROPERTY OWNER must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. O Individual I=1 Trustee O Other: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General 0 Attorney in Fact Li Guardian or Conservator Place Notary Seal and/or Stamp Above Description of Attache Title or Type of Document: Document Date: Signer is Representing: Number of Pages: Signer's Na 0 Corporate Offi — Title(s): O Partner — o Limite 0 General O Individual 0• torney in Fact O Trustee o Gua n or Conservator O Other: Signer is Representing: ocument Signature OPTIONAL gnature of /tory P ic CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies onlythe identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On July 9, 2020 before me, Bryna Geary, Notary Public Date Here Insert Name and Title of the Officer personally appeared James Silverwood Name(s) of Signer(s) ••••• who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. BRYNA GEARY Notary Public - California z San Diego County Commission # 2248542 My Comm. Expires Jul 1, 2022 ©2019 National Notary Association EXHIBIT "A" PR 2020-0004 Legal Description for IRREVOCABLE OFFER OF DEDICATION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 1 OF THE SUBDIVISION OF TRACTS 114 AND 120 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JANUARY 3, 1923, TOGETHER WITH A PORTION OF OAK AVENUE VACATED AND CLOSED TO PUBLIC USE BY CITY OF CARLSBAD RESOLUTION NO. 723 RECORDED MARCH 3, 1961 AS FILE/PAGE NO. 38238 OF OFFICIAL RECORDS, ALL AS DESCRIBED AS PARCEL 1 PER GRANT DEED RECORDED DECEMBER 22, 2016 AS DOCUMENT NO. 2016-0703741 OF OFFICIAL RECORDS, AND AS SHOWN ON RECORD OF SURVEY NO. 22480, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 6, 2016, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH 34°01'53" WEST, 10.00 FEET ALONG THE PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 1, TO THE PROLONGATION OF THE NORTHWESTERLY LINE OF THE SOUTHERLY 10.00 FEET OF SAID OAK AVENUE VACATED AND CLOSED; THENCE NORTH 55°58'40" EAST, 430.00 FEET ALONG SAID PROLONGATION AND NORTHWESTERLY LINE TO THE NORTHWEST CORNER OF SAID PARCEL 1 PER GRANT DEED DOCUMENT NO. 2016-0703741; THENCE CONTINUING NORTH 55°58'40" EAST, 0.40 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A TANGENT 90.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°44'53" AN ARC DISTANCE OF 27.88 FEET; THENCE NORTH 73°43'33" EAST, 50.00 FEET TO THE BEGINNING OF A TANGENT 52.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, THE CENTER OF SAID CURVE BEING A POINT ON THE CENTERLINE OF SAID OAK AVENUE AS SHOWN ON SAID RECORD OF SURVEY NO. 22480; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°19'55" AN ARC DISTANCE OF 14.82 FEET TO THE PAGE 1 OF 2 NORTHEASTERLY LINE OF SAID PARCEL 1 PER GRANT DEED; THENCE ALONG THE BOUNDARY OF SAID PARCEL 1 PER GRANT DEED THE FOLLOWING THREE (3) COURSES; NORTH 34°05'24" WEST, 16.40 FEET; THENCE NORTH 79°04'56" WEST, 7.90 FEET TO SAID NORTHWESTERLY LINE OF THE SOUTHERLY 10.00 FEET OF SAID OAK AVENUE VACATED AND CLOSED; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 55°58'40" WEST, 84.01 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.02 ACRES OR 897 SQUARE FEET, MORE OR LESS ATTACHED HERETO IS A DRAWING LABELED EXHIBIT "B" AND BY THIS REFERENCE MADE A PART THEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS' ACT. GARY L. US LS 7019 DATE NO. 7019 PAGE 2 OF 2 EXHIBIT 'B' PR 2020-0004 BASIS OF BEARINGS SEE RECORD OF SURVEY 22480 FOR BASIS OF BEARINGS STATEMENT *SEE SHEET 2 FOR LEGEND & LINE/CURW DATA PORTION OF VACATED STREET CLOSED TO PUBLIC USE BY THE CITY OF CARLSBAD BY RESOLU770N NO. 723, RECORDED 03/03/1961 AS F/P NO. 38238 DEDICATED PER MAP NO. 1661 „, SEE DETAIL 'A' .3u ON SHEET 2 (N55'58'40"E 430.002 10' \P. O. C. I NW COR. LOT 1 OF MAP 1744 SEE DETAIL 'B' ON SHEET 2 OAK AVENUE 40' a ' I 40' 2 \\..532'36'22"E fR) APN 204-111-01 -r S55'58'40"W 84.01' Z3. 4 APN 204-111-03 1 inch = 40 ft. 40 40 20 1\Y APN 204-111-16 APN 204-111-02 APN 204-111-18 L.A ND NO. 7019 ,6k7 c OF CAIA APPLICANT: AFFIRMED HOUSING 13520 EVENING CREEK DR. N SUITE 360 SAN DIEGO, CA 92128 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CA 92101 619.235.6471 TEL 619.234.0349 FAX APPROVED BY: 7-47-Z-0 GARY . HUS, LS 7019 DATE APN'es: 204-111-02 SHEET 1 OF 2 30' 0 L — Fi S 11 ii 4 B PORTION LOT 1 MAP NO. 1744 P: \4228\Survey Boundary\4228.15\4228.15_10D—Plat_Sh1.dwg Jul 16, 2020 — 10:32am 2 10' S55 '58'40"W 84.01' 40' 1 EXHIBIT 'B' CURVE DATA TABLE NO. DELTA LENGTH RADIUS Cl 1744'53" 27.88' 90.00' C2 1619'55" 14.82' 52.00' LEGEND r AREA OF DEDICATION AREA = 897.3 SQUARE FEET PORTION OF LAND CONVEYED TO THE STATE OF CALIFORNIA PER GRANT DEED RECORDED MARCH 5, 1968 AS F/P NO. 37100, OR. PORTION OF LAND CONVEYED TO THE CITY OF CARLSBAD PER FILE/PAGE 134249 RECORDED MAY 26, 1972, O.R. NO ACCESS — — — — ULTIMATE RIGHT OF WAY EXISTING RIGHT OF WAY MEASURED & RECORD DATA PER ROS 22480 P.O. C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING OAK AVENUE NW CORNER PARCEL 1 PER DEED 2016-0703741 N55'58'40"E Cl -- -7-17 0.40' 10' PORTION OF VACATED STREET CLOSED TO APN PUBLIC USE BY THE 204-111-03 CITY OF CARLSBAD BY RESOLUTION NO. 723, RECORDED 03/03/1961 AS F/P NO. 38238 PORTION LOT 1 MAP NO. 1744 Jill I I I I I I, ( ) (430.00' N55'58'40"E) S55'58140"W 84.01' LINE DATA TABLE NO. BEARING LENGTH L1 N34'05'24"W 16.40' L2 (N7904'56"W) (7.90') OAK AVENUE APN 204-111-02 C2 APN APN 204-111-02 -1 204-111-01 DETAIL 'A' in = 5' DETAIL 'B' 1" = 10' APPLICANT: AFFIRMED HOUSING 13520 EVENING CREEK DR. N SUITE 360 SAN DIEGO, CA 92128 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET SUITE 800 SAN DIEGO, CA 92101 619.235.6471 TEL 619.234.0349 FAX APN'a: 204-111-02 SHEET 2 OF 2 P: \4228 \Survey Boundary\4228.15 \4228.15_10D—Plat_Sh2.dwg Jul 16, 2020 — 10: 33am ector Gomez CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed, dated July 9, 2020, from Carlsbad Veteran Housing, LP to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, a Municipal Corporation, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: August 17, 2020 Deputy City Clerk (SEAL)