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HomeMy WebLinkAboutPR070098; ; 2007-0650779; Easement•7? DGC# 2007-0650779 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 2166 2007-0650779 QCT09, 2007 11:02 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0,00 PAGES: 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 i Assessor's Parcel No. Project No. & Name 210-111-10 PR070098/ CB071891 Scurlock Family Trust - 537Q Carlsbad Blvd. IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, John Scurlock and Carol Scurlock, Trustees, or their successors in trust, under the Scurlock Family Trust dated April 8, 1992 and any amendments thereto 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(s), attached hereto and made a part hereof. Exhibit "B" consisting of one (1 ) page(s) 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. Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 2167 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 Grantor has caused this Irrevocable Offer of Dedication to be executed this «•?# day of John Scurlock and Carol Scurlock, Trustees, or their successors in trust, under the Scurlock Family Trust dated April 8, 1992 and any amendments4hereto Name: (Signature) Carol Scurlock CERTIFICATION FOR ACCEPTANCE OF DEED OFFER (Type or Print) •pfrtHEDICEDICATE REAL PROPERTY This is to certify that the interest in real property copveyed by the Irrevocable Offer to Dedicate Real Property dated , 20 __>/from , to the City of Carlsbad, California, a municipalpofporation, is hereby accepted by the City of Carlsbad, California pursuant to CMC Chapter 11.04.050, adopted on September 16, 1997, and the grantee consents to the recojdation thereof by its duly authorized officer. Date: KAREN R. KUNDTZ, Assistant City Clerk Masters/Deeds-Grant Deeds-Easements/Irrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 2168 State of California ) ) County of San Diego ) On before me, Ro 1^ rla ft . (Date) personally appeared Coc6 6l (Name, Title of Officer) J0fl<- aw A. I Pula lie} (Name[s] of Signerfs]) , Q personally known to me -OR - 0C proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /s/are subscribed to the within instrument and acknowledged to me that Ke/slie/they executed the same in jrfs/rver/their authorized capacity(ies), and that by l?rfs/r\0r/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (Seal) OFFICIAL SEAL ROHITA R. RABADIA NOTARY PUBLIC-CALIFORNIA g COMM. NO. 1567835 % SAN DIEGO COUNTY | MY COMM. EXP. APR. 9.2009 | Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 2169 EXHIBIT A (PR070098) The southwesterly one foot (!') of Lot 115, of Terramar Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3312, filed in the County Recorder's Office of San Diego County, October 14, 1955. LOCATION MAP 2170 r 69.00' Ul B 0 0> 0o 2 r <\^ 1 v 1 •• V—. 69.00' 0 N 30t38'50" W — ^ #>•' .07 11 5 1' DEDICATION SCALE 1" = 20' Lu K O O) 10 §§t — . J____ N 30'38'50" W — -* CARLSBAD BLVD. PROJECT NAME DEDICATION FOR PROJECT EXHIBIT LOT1150FMAPN0.3312 NUMBER „ APN 210-1 11-10 PR070098 U DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 8/29/07 C:\DEVELOPMENT PROJECTS\PR\PR07009B.DWG DOC# 2004-1113160 RECORDING REQUESTED BY ARMSTRONG, FISCH&TUTOLI ATTORNEYS AT LAW WHEN RECORDED MAIL TO: JOHN SCURLOCK 1740MERRIAMRD. SAN MARCOS, CA 92069 2171 2004-1113160 NOV 24, 2004 8:23 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES: 8.00 OC: OC PAGES: 1 THE UNDERSIGNED DECLARES THAT: DOCUMENTARY TRANSFER TAX -0- R&T11930 Quitclaim Deed APN: 210-111-10 5370 CARLSBAD BOULEVARD, CARLSBAD, CALIFORNIA For no consideration, JOHN GEORGE SCURLOCK, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY, does hereby Remise, Release and Quitclaim to JOHN SCURLOCK AND CAROL SCURLOCK, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, UNDER THE SCURLOCK FAMILY TRUST DATED APRIL 8, 1992 AND ANY AMENDMENTS THERETO, all his interest in and to the following described real property in the County of San Diego, State of California: LOT 115, OF TERRAMAR UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3312, FILED IN THE COUNTY RECORDER'S OFFICE OF SAN DIEGO COUNTY, OCTOBER 14, 1955. THIS TRANSFER IS INTENDED TO CONVERT THE CHARACTER OF THE PROPERTY FROM THE SOLE AND SEPARATE PROPERTY OF THE TRANSFEROR TO COMMUNITY PROPERTY. Date:NOV 0 5 2004 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On KUV 0 5 2004 ss 1 _, before me, REVOCABLE TRUST TRANSFER EXEMPT FROM REAPPRAISAL, R&T 62 _, a Notary Public in and for said State, personally appeared JOHN GEORGE SCURLOCK, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by bis signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ^-tM.Kit.A^'. 5 -S2MP5-V MAUREEN E. RAMIREZ | - .flClm COMM. #1342051 mNotary Public-California (/> SAN DIEGO COUNTY My Comm. Exp. Feb 1,2006 ./„ Notary Public J MAIL FUTURE TAX STATEMENTS AS ABOVE. 2172 CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION This is to certify that the interest in real property conveyed by the OFFER OF DEDICATION, dated September 4, 2007, from JOHN AND CAROL SCURLOCK. TRUSTEES (SCURLOCK FAMILY TRUST. DATED APRIL 8. 19921. to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, 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: September 28. 2007