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HomeMy WebLinkAboutCDP 97-59; Kelly, Jim; 2018-0142309; Irrevocable Offer of Dedication IOD, RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 The undersigned grantor(s) declare(s): DOC# 2018-0142309 11111111111111111111111111111111111111111111111 IIIII IIIII 1111111111111 Apr 10, 2018 04:18 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins: $0.00) PAGES 5 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No. 155-101-67,155-101-68, 155-190-15, 155-190-16 Documentary transfer tax is $_Q.QQ_ Project ID: _C_D_P_9_7_-5_9 ____ _ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and Related Project ID: PR 2.3.154 ---------Re I ate d Project ID: ________ _ encumbrances remaining at time of sale. Project Name: _L_e_v ..... y_R_e_s_id_e_n_ce ___ _ ( ) Unincorporated area: (x) City of Carlsbad, and IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR PUBLIC TRAIL ACCESS FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Jim Kelly, Trustee of the John C. Levy, Jr. Revocable Trust, hereinafter designated Granter, represents that he is the legal representative of the owner 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, a public trail access easement upon, through, under, over and across the hereinafter described real property for the following purpose: AN EASEMENT FOR PUBLIC TRAIL ACCESS 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 Granter, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the public trail access easement hereby conveyed by reason of the location, construction, landscaping or maintenance of said trail. 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 11.04.060. 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. C:IUsersldfoun\AppData\Local\Microsoft\Windows\Temporary Internet F11es\Content.Outlook\ROPG2SDE\Levy lrrev Offer to Ded Easement.doc REV 01 /25/13 (_f ,7 This Offer of Dedication shall be irrevocable and shall be binding on the Granter, its heirs, executors, administrators, successors and assigns. It Witness whereof, the Grant9I has caused this lrrevocab~ Offer of Dedication to be executed this / day of t:e/3,uv,/""l , 20 / . Jim Kelly, Trustee of the John C. Levy, Jr. Revocable Tr By: (Type or Print) By: (Signature) Name: (Type or 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.) C:IUsersldfoun\AppDatallocal\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ROPG2SDE\Levy lrrev Offer to Ded Easement doc REV 01 /25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the 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.qJ.,j\ !)1£6D On Ma(tiA 2~ 201 c( before me, BotoM.e :fot\~ {Jo1 Aflt/ Pu/5/'l_ Date Here Insert Name and Title of the Officer personally appeared ____ ZJ~t~M. _ ___._l<_e---'\_\ 'i-----"---------------- 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. N ' . · COMM. #2107902 I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. f.-ROXANNEJONES"7 !; . NOTARY .PUBLIC • CALIFORNIA ij .,_ . . SAN DIEGO COUNTY ~ ! ComnissionExpiresApril 20. 20191 WITNESS my hand and official seal. ........................... •1".r.". ................... , ••••• •,11 ....................... •.•J'.-.• .. Place Notary Sea/ Above ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General [J Individual D Attorney in Fact D Trustee [_] Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT II A II BUENA VISTA LAGOON PEDESTRIAN ACCESS EASEMENT P.R. 2.3.154 An easement for pedestrian access only over, across and through those portions of Parcels A and B of Certificate of Compliance for Adjustment Plat according to Official Plat Number ADJ 471 thereof in the City of Carlsbad, filed in the Office of The County Recorder of San Diego County, State of California per Document No's. 1997 -0551579 and 1997 -0551580, respectively, on November 3, 1997, more particularly described as follows: Beginning at the most Southwesterly corner of said Parcel B; thence South 89°24'02" East, 28.76 feet; thence North 30°13'19" East, 24.73 feet; thence North 16°03'21" East, 85.60 feet to its intersection with the boundary line that bears North 89°24'02" West between the aforementioned Parcels A and B; thence North 16'b3'21" East, 24.49 feet; thence North 0°55'29" West, 134.1 O feet; thence North 21°48'47" East, 64.98 feet; thence North 53°15'48" West, 25.87 feet to its intersection with the northerly terminus of the "western" boundary of said Parcel A that bears Suuth 25°21 '24" West; thence South 25° 21 '24" West, 28.34 feet; thence South 22°47'30" West, 23.22 feet; thence South 16°56' 05"West, 25.26 feet; thence South 1°00'48" West, 58.03 feet; thence South 3°54'48" East, 33.03 feet; thence South t> 16'14" West, 20.11 feet; thence South 4°o7'36" East, 24.37 feet; thence South 14°32'17" West, 24.81 feet; thence South 12°o9'56" West, 2.65 feet to the westerly terminus of the boundary line between Parcels A and B that bears North 89~4'02" West; thence South 12° 09'56" West, 21.21 feet; thence South 20°54'45" West, 26.39 feet; thence South 16'b8'23" West, 28.35 feet; thence South 30°13'19" West, 35.84 feet to the Point of Beginning. 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