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HomeMy WebLinkAboutPD 13-07; Loosen, Ron and Barbara; 2018-0102028; Irrevocable Offer of Dedication IODRECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 DOC# 2018-0102028 111111111111 lllll 1111111111111111111111111111111111111111111111111111I Mar 15, 2018 10:04 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No. 156-130-33-00 Documentary transfer tax is $__Mg_ Project ID: PD 13-07 ----------( ) computed on full value of property conveyed, or Related Project ID: PR 13-32 ----------( ) computed on full value less value of liens and Related Project ID: ----------encumbrances remaining at time of sale. ~4 Project Name: JAMES DR IOD ( ) 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, Ron Loosen and Barbara Loosen, husband and wife as community property with right of survivorship, 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 Granter 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 (1 O') beyond all inlet and outlet structures, including rip rap fields. RESERVING unto Granter 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. Q ICED\LandOev\PROJECTSIPDIPD 13\PO 13-07 James Drive 100 (Loosen) -R1ck\PD 13-07, PR 13-32 lrrev Offer to Oed Easement for James Dr Public St & Public Utility ?jlfJ Purposes doc REV 01/25/13 <' 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 Witne'f Whereof, the n~as caused this Irrevocable Offer of Dedication to be executed this / day of #£.t1r-, 20 '1 . Matthew Scott Gahr and Kelly Jane Gandhi Gahr, Husband and Wife as Joint Tenants By: _.fl.~~~~®,;;&~--- (Si Name: JYt. .Jlk µ ~o -II-C-a{,,_ (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.) Q·\CEO\LandDev\MASTERS\Deeds, Grants, Easements\lrrev Offer to Oed Easement for Public St & Public Utility Purposes.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 ~ Countyof ~ _Yil;'.(ql> ~ ~ ,J. l..._j 1 Dr? ... 1?.. ""' rfsc FD On ~ -, ) 'ZC:>( before me,---~-~~-"'-' ____ ,--__ ~-~--- Date ~..., \ 'Here Insert Name and Title of the Officer personally appeared~~----\-~-~-l4-~_~t>H:~l~~~~~~--d:.. ____ _ MMTflW 5-.m--~=ofSigner(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 PENAL TY OF PERJURY under the laws of the State of California that the fore oing paragraph is true and correct. 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 Docu!zt \~-cfl::u ... fl«.c,.cff.Xoocument Date: Number of Pages: Signer(s) Other Than Named Above: ___________ _ Capacity(ies) c1a;ned. by Sign_Jtr(s) 1 _ _ 1 J J / _ /" Signer's Name: ~ °5~tJtJ:: ~ Signer's Name: 1£.:t.µ,~M, ~~f->~l v:,J,.plil- D Corporate Officer -Titie(s): ______ D Corporate Offfcer -Title(s): _____ _ D Partner -D Limited D General D P§liner -D Limited D General IJ1ndividual D Attorney in Fact lll-1'rldividual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:_____________ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ™~~*'-~~~~~~~"™~~'™'--~ ©2014 National Notary Association· www.NationalNotary.org • 1-800--US NOTARY (1-800-876-6827) item #5907 Q·\CED\LandDev\MASTERS\Deeds, Grants, Easementsllrrev Offer to Ded Easement for Public St & Public Utility Purposes.doc REV 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION JAMES DRIVE PR 13-32 THAT PORTION OF LOT 6, WILSONIA TRACT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2169, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST 13, 1929 TOGETHER WITH THAT PORTION OF THE SE ¼ OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY APPROVED ON DECEMBER 27, 1870 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF PARCEL "C" AS SHOWN ON PARCEL MAP NO. 20908, RECORDED ON AUGUST 18, 2011 AS FILE NO. 2011- 0425615; THENCE NORTH 34°28'16" WEST 154.13 FEET TO THE MOST EASTERLY CORNER OF THAT PARCEL SHOWN AS 1.387 ACRES ON RECORD OF SURVEY NO. 9278, RECORDED FEBRUARY 24, 1983 AS FILE NO. 83-059005; THENCE SOUTH 55°40'46" WEST ALONG THE SOUTH LINE OF SAID 1.387 ACRE PARCEL 40.00 FEET; THENCE SOUTH 32°36'39" EAST 153.98 FEET TO A POINT ON THE NORTHWEST LINE OF SAID PARCEL "C", PARCEL MAP NO. 20908; THENCE NORTH 55°57'02" EAST ALONG SAID NORTHWEST LINE 45.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 6,546.2 SQUARE FEET MORE OR LESS. APN 156-130-33 f?'(Qffl !LrJJu rtJ l?'lf!PJ [M]&if?' :11/@@J PLAT OF PROJECT IP©lfJJ, !L©u1£0~!lfi I I ---~...,-----,~54-.1~3~' r----N-J-4-·2.._a,~16-::-,,-w---~~ -!_.o._a. ------i 40.00' S 55'40'46" W N 55'57'02" E 45.00' \ ~--~15~3-~98~'--+---~S~3~2~Jt6'~39~t~ __ _j/ /' rDEDICA nON PER \ [Rj©J~ @J:l'l& : I I I I SCALE 1• = 40' PROJECT NAME fL(Fu 1» l?'lfllfi §!l!J&i!f5! :11!@9! P.M. NO. 20908 1 ~-----_ _) \ I ------;-: l I \ ffe! &i fRl rt; If IL rt; /p!ll#] :l@@J@fgj \ \ I I I ,----- 1 2710 ARLAND ROAD APN 156-130-33 PROJECT NUMBER PR13-32 PLOTTED BY: SCOTT £VANS Pl.OT DATE:J/7/17 PA1H:D: \DE'.£1.0P/JENT PRO.£CTS\PR\AUTOCAD\PRIJ-J2.DWG CERTIFICATION OF REJECTION OF IRREVOCABLE OFFER OF DEDICATION This is to certify that the Offer of Dedication, dated March 14, 2017, from Ron Loosen and Barbara Loosen, husband and wife as community property with right of survivorship, to the City of Carlsbad, California, a Municipal Corporation, is hereby rejected by the City Council of the City of Carlsbad, California, pursuant to Section 66477.2 of the Governmental Code of the State of California; and, the grantee consents to the rejection thereof by its duly authorized officer. DATED: March 1, 2018 0uYY\[VR !<me~ Tamara R. McMinn Deputy City Clerk (SEAL)