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HomeMy WebLinkAboutCT 00-20; ; 2006-0067904; Irrevocable Offer of Dedication IODMF '7QUESTOF 16614 SUBDIVISION DEPT. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DQC# 2006-0067904 JAN 30, 2006 4:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH. COUNTY RECORDER FEES: 0.00 OC: NA PAGES: 9 2,0'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 Assessor's Parcel No. Project No. & Name Fox-Miller Property 212-020-23 CT 00-20 PR 04-62 El Camino Access IOD IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR GENERAL ACCESS AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Fenton Carlsbad Research Center LLC, a California limited liability company 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 GENERAL ACCESS 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 two (2) pages, attached hereto and made a part hereof ("Easement Area"). Exhibit "B" consisting of two (2) pages is attached for clarity only. The Easement set forth herein is a non-exclusive easement for the benefit of the El Camino Property, which is more particularly described on Exhibit "C" attached hereto, and may only be used by the legal owner of the El Camino Property and its tenants, employees, agents, sublessees, suppliers and customers for the purpose of vehicular access, ingress and egress to and from the El Camino Property and Lots 2 and 3 of Map No. /S2SJ ("Lots 2 and 3"). Grantor reserves the right for Grantor and its successor and assigns to make use of the Easement Area for the benefit of Lots 2 and 3 for vehicular ingress and egress to and from said Lots and any other purpose not inconsistent with the grant of this Easement. No party shall be permitted to use the Easement Area so as to unreasonably interfere with the use of the Easement Area by any benefited party nor shall they create or permit any barricade CT 00-20 Deeds/Easements/lrrevocable Offer to Dedicate Real Properly for General Access & Public Utility Purposes REV: 1/04/06 16615 or obstruction of the Easement, unless such party has obtained the prior written consent of the other parties benefited by the Easement. Grantor may but shall not be required to improve the Easement Area or any portion thereof. 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 reasons of the location, of said street Easement and utilities by the City. 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 £~-S4 day of . /&srt/&s'}' 2006. APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Atto PROPERTY OWNERS Fenton Carlsbad Research Center, LLC, a California limited liability company By: H. G. Fenton Company,^California corporation its Manager By: (signKere) Allen M. Jones, Vice President (print name and title) By: 7 (sigr/here) Michael P. Neal, President/CEO (print name and title) CT 00-20 Deeds/Easements/Irrevocable Offer to Dedicate Real Property for General Access & Public Utility Purposes REV: 1/04/06 16616 State of California County of San Diego On M' 5.20M before me, (Date) personally appeared Q\\6n tf\- (Name[s] of Signer[s]) (Name, TOte of Officer) P N , Hf personally known to me -OR - Q 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/ste/they executed the same in -hio/hor/their authorized capacity(ies), and that by hio/hoR/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 CLARE CHAVEZ CommWon f 1466393 Notary fluMc • CoMbfrtd Son Diego County Signature of Notary (Seal) Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 EXHIBIT 'A' LEGAL DESCRIPTION PR 04-62 JANUARY 5, 2006 JOB NO.: 041093 16617 THAT PORTION OF LOT 2 AND THAT PORTION OF LOT 3 OF CARLSBAD TRACT NO. 00-20, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. / 5 2.53 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, J^ . 30 , zooU> BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A STRIP OF LAND 30.00 FEET IN WIDTH, 15 FEET MEASURED AT RIGHT ANGLES ON EACH SIDE OF THE FOLLOWING DESCRIBED BOUNDARY LINE BETWEEN SAID LOTS 2 AND 3: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 2, SAID CORNER ALSO BEING ON THE WESTERLY RIGHT OF WAY LINE OF EL CAMINO REAL; THENCE LEAVING SAID RIGHT OF WAY ALONG THE SOUTHERLY LINE OF SAID LOT 2 SOUTH 68°21'10" WEST A DISTANCE OF 411.57 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 21°38'50" EAST A DISTANCE OF 53.00 FEET TO THE BEGINNING OF THE BOUNDARY LINE BETWEEN SAID LOTS 2 AND 3, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING COURSES: SOUTH 68°21' 10" WEST A DISTANCE OF 88.00 FEET TO THE BEGINNING OF A TANGENT 115.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH, THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 80°50'16" A DISTANCE OF 162.25 FEET; THENCE NORTH 30°48'34" WEST A DISTANCE OF 273.46 FEET TO THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE TO THE EAST, THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5°29'30" A DISTANCE OF 38.34 FEET; THENCE NORTH 25°19'04" WEST A DISTANCE OF 65.63 FEET TO A POINT ON A 336.00 FOOT RADIUS CURVE CONCAVE TO THE NORTH WHICH CENTER POINT BEARS NORTH 25°19'04" WEST, SAID CORNER ALSO BEING ON THE SOUTHERLY RIGHT OF WAY LINE OF SALK AVENUE AND THE END OF SAID BOUNDARY LINE BETWEEN LOTS 2 AND 3. loft- G:\accts\041093\ExhibitA4 04-62.DOC JANUARY 5, 2006 JOB NO.: 041093 16618 THE SIDELINES OF SAID 30 FOOT STRIP SHALL BE LENGTHENED OR SHORTENED TO MEET THE RESPECTIVE BOUNDARY LINES OF SAID LOTS 2 AND 3. CONTAINING 18,834 SF 0.43 ACRES MORE OR LESS Patrick NX/ 0' Day RCE 27214 2 oft G:\accts\041093\ExhibitA404-62.DOC EXHIBIT "B LEGEND: PROPERTY BOUNDARYPER MAP NO. 1S253 LOT UNE PER MAP NO. ACCESS EASEMENT UNE ACCESS EASEMENT CENTER UNE ACCESS EASEMENT AREA an OF OCEANSOC HIGHWAY 16619 FOX MILLER PROPERTY CT 00-20 PACIFIC OTfOF SAN MARCOS ENOMTAS VICINITY MAP CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 06-30-04 DATE 06-30-04 /^2^ '/PATRICK N. (WAY RCE 27214 EXPIRES 03/31/07 CITY OF CARLSBAD ACCESS EASEMENT IN LOT 2 * 3, CT 00-20 SHEET 1 OF 2 PR 04-62 APN NO. 212-020-23 G:\041093\0493Z24.dwg Jan 05, 2006 1:58pm EXHIBIT "B 16620 DATA TABLE fvoj / 2 3 4 5 6 7 a BEARING N 68"21'W"E N 2fJ8'50' W N 21'38'50' W N 68"21'10"E A =M50'16- N 30'48'34" W A =5"29'30" U OHIO'flA* U/ /to) RADIUS 115.00' 400.00' LENGTH 4n.sr 38.00' 15.00' 88.00' 162.25' 273.46' 38.34' KfiKV PORTION OF EL CAMINO REAL DEDICATED TO THE CITY OF CARLSBAD PER MAP NO. 152.55 cr 00-20 LOT 2 MAP NO, Sff SCALE: 1" = 100' CONSULT POINT OF BEGINNING 2" x 24" IRON PIPE WITH DISC STAMPED RCE 27214 SET PER MAP NO.IS2.SS TRUE POINT OF BEGINNING 2710 Loker Avenue West Suite 100 Carlsbad, California 92008 760-931-7700 Fax: 760-931-8680 www.odayconsultants.com Civil Engineering Planning Processing Surveying DRAWN BY:J.T.C. CHECKED BY: J.P.S. DATE 06-30-04 DATE 06-30-04 xA-y- /-e.. PAffRlCKN. O'g/frRCE 27214 EXPIRES 03/31/07 CITY OF CARLSBAD ACCESS EASEMENT IN LOT 2 * 3. CT 00-20 SHEET 2 OF 2 PR 04-62 APN NO. 212-020-23 G:\041093\0493Z24.dwg Jan 05, 2006 1:58pm Yrpfc- fld-Q^UAP EXHIBIT *C' LEGAL DESCRIPTION PR 04-62 16621 THAT PORTION OF LOT "F' OF RANCHO AQUA HEDIONDA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTER LINE OF SAN DIEGO COUNTY ROAD "EL CAMINO REAL", SHOWN ON SURVEY NO. 682, SHEET 3 THEREOF, AS DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JANUARY 5, 1938 IN BOOK 743, PAGE 64 OF OFFICIAL RECORDS, SAID POINT BEING ALSO THE CENTER POINT OF A 4 x 4 CONCRETE BOX CULVERT ACCURATELY LOCATED AND STATIONED 150+28.97 ON THE CENTER LINE OF SAID COUNTY ROAD, SAID POINT BEING NORTH 79°37'20" WEST, A DISTANCE OF 1011.60 FEET FROM THE PROPERTY LINE ANGLE POINT NO. 8 OF LOT B OF RANCHO AQUA HEDIONDA, RECORD OF SURVEY MAP NO. 517, SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE LAND DESCRIBED IN DEED TO VISTA BRICK COMPANY, RECORDED FEBRUARY 1, 1960 AS FILE NO. 20485, OFFICIAL RECORDS; THENCE ALONG THE NORTHERLY LINE OF SAID LAND AND THE PROLONGATION THEREOF, BEING ALONG THE CENTER LINE OF SAID EL CAMINO REAL, SOUTH 75°00'00" EAST, 675.10 FEET TO A POINT ON THE LINE WHICH IS PARALLEL WITH AND 325.00 FEET EASTERLY AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID VISTA BRICK COMPANY LAND, SAID POINT BEING ON THE WESTERLY LINE OF LAND CONVEYED TO THALIA KELLY CONSIDINE, BY QUITCLAIM DEED RECORDED JANUARY 15, 1964, SERIES S, BOOK 1964, AS FILE NO. 8707, OFFICIAL RECORDS; THENCE ALONG THE BOUNDARY OF SAID CONSIDINE'S LAND, SOUTH 00°32'00" EAST, 1336.95 FEET, AND SOUTH 27°50'00" EAST, 827.30 FEET TO THE MOST SOUTHERLY CORNER OF SAID LAND; THENCE NORTH 68°00'00" EAST ALONG THE BOUNDARY OF SAID CONSIDINE LANDS AND THE PROLONGATION OF SAID BEARING 1428.00 FEET TOA POINT ON THE EASTERLY BOUNDARY LINE OF LOT F OF RANCHO AQUA HEDIONDA, SAID POINT BEING ALSO 66.5 FEET DISTANT NORTHERLY FROM POINT 18 OF SAID LOT F, AND BEING THE TRUE POINT OF BEGINNING; THENCE RETRACING SOUTH 68°00'00" WEST 465.60 FEET; THENCE NORTH 22°00'00" WEST, 100.00 FEET; THENCE NORTH 68°00'00" EAST, 465.60 FEET, MORE OR LESS, TO A POINT UPON THE EASTERLY BOUNDARY LINE OF SAID LOT F; THENCE SOUTHERLY ALONG SAID LOT F BOUNDARY LINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED IN PARCEL 68441-A OF DEED TO THE COUNTY OF SAN DIEGO, RECORDED JULY 8, 1969 AS FILE NO. 122795. 16622 CERTIFICATE OF ACCEPTANCE OF OFFER OF DEDICATION This is to certify that the interest in real property conveyed by the OFFER OF DEDICATION, dated January 6. 2006. from Fenton Carlsbad Research Center LLC. 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: January 27. 2006 it City Clerk