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HomeMy WebLinkAboutPR 00-48; ; 2004-0068199; Irrevocable Offer of Dedication IODRECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA 92008 DOC # JAN 289 2004-0CI68199 2004 4:34 PM OFFICIAL RECORDS W DIEM COUNTY RECORDER'S OFFICE GREGORY J. %ITHI COUNTY RECORDER FEES: 0.00 E: EIA I SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No. 215-020-13 81 22 21 5-021 -04 Documentary transfer tax is $ 0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and Project No. & Name SDP 98-18 PR 00-48, MANZANITA PARTNERS encumbrances remaining at time of sale. ~~ ~ IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Manzanita Partners, L.L.C. 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 of the State of California 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 Open Space easement over, upon, across and under the subject land and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land except as may be permitted by a special use permit issued pursuant to the zoning ordinance of the City of Carlsbad. Along with the perpetual right, but not the obligation, to enter upon the subject land and remove any buildings, structure or other thing whatsoever constructed, erected, placed or maintained on the subject land contrary to any term, covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation or grading or placement of sand, soil, rock or gravel or any other material done or placed on the subject land contrary to any term, covenant or condition of this easement or placed on the subject land contrary to any term, covenant or condition of this easement. Grantor covenants and agrees for itself and its successors and assigns as follows: A. B. C. D. That it shall not erect, construct, place or maintain, or permit the erection construction, placement or maintenance of any building or structure or other thing whatsoever on the subject land other than such buildings, structures and other things as may be permitted by a special use permit issued pursuant to the zoning ordinance of the City of Carlsbad. That it shall not use the subject land for any purpose except as open space and for recreational purposes without the written authorization of the City of Carlsbad or its successor or assigns. That it shall not excavate or grade or permit any excavation or grading to be done or place or allow to be placed any sand, soil, rock or gravel or any other material whatsoever on the subject land without the written authorization of the City of Carlsbad or its successor or its assigns; provided, however that grantor may excavate, grade or place sand, soil, rock or gravel or any other material on the subject land as may be permitted by a special use permit issued pursuant to the zoning ordinance of the City of Carlsbad. That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceeding in the Superior Court of the State of California. This easement reserves unto grantor the right to enter upon the subject land to construct, including grading, the improvements authorized by Site Development Permit 98-1 9 (SDP 98- 19), Hillside Development Permit 98-18 (HDP 98-18), Special Use Permit 98-06 (SDP 98-06), and Coastal Development Permit 98-73 (CDP 98-73). This reservation shall not be deemed to be an exception from city approval and inspection of such improvements. The granting of this easement and its acceptance by the City of Carlsbad shall not authorize the public or any members thereof to use or enter upon all or any potion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the grantor and its successors and assigns. 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 four (4) page(s), attached hereto and made a part hereof. Exhibit “B” consisting of five (5) page(s) is attached for clarity only. This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may only be accepted by resolution of the City Council of the City of Carlsbad. This Offer of Dedication may be rejected 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 rejection and abandonment of the irrevocable offer of dedication 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 fJfh day of sECg*claEE ,2043 . MANZANITA PARTNERS, L.L.C. a California limited liability company By: ConAm Manzanita L.P., a California limited partnership (Grantor) its: Managing Member By: Continental American Properties, Ltd., a California limited partnership its: General Partner By: DJE Financial Corp., a California corporation its: Gen@ Partner By: .. (Signatufe) Name: 4For JUet55- (Type or Print) CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated + 20$, from %fiJAg & a&, to the City of Carlsbad, California, a municipal corporation, is hegby 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: $fi% Acknowledgment State of California ) County of San Diego ) ) ss. On December 12, 2003, before me, Mona Eberhart, Notary Public, personally appeared J. Bradley Forrester and Scott Dupree, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. [seal] WITNESS my hand and official seal. (SIGNATURE OF NOTARY) EXHIBIT "A" IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE EASEMENT LEGAL DESCRIPTION PR 00-48 ; PARCEL #1 SDP 98-19, HDP 98-18, SUP 98-06, CDP 98-73 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; THENCE ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER S 00" 32' 2 1" W 1025.18' TO A POINT OF INTERSECTION WITH A 6937 FOOT RADIUS NON TANGEANT CURVE HAVING A RADIAL BEARING OF N59" 54' 28"E, CONCAVE NORTHEASTERLY BEING 63 FEET DISTANT FROM AND CONCENTRIC WITH THE CENTERLINE OF EL CAMINO REAL AS SHOWN FOOT RADIUS CURVE CONCENTRIC WITH AND 63 FEET NORTHEASTERLY FROM SAID CENTERLINE OF EL CAMINO REAL THROUGH A CENTRAL OF Ol"O2'53" A DISTANCE OF 126.87 FEET TO A POINT OF TANGEANCY, THENCE N 29"02'39"W PARALELL WITH AND 63 FEET NORTHEASTERLY OF SAID CENTERLINE 241.45' TO THE BEGINNING OF A TANGEANT 1437 FOOT TANGEANT CURVE CONCAVE NORTHEASTERLY, THENCE ALONG SAID 1437 FOOT CURVE NORTHERLY CONCENTRIC WITH AND 63 FEET NORTHEASTERLY OF THE CENTERLINE OF EL CAMINO REAL THROUGH A CENTRAL OF 29O24'07" A DISTANCE OF 737.41 FEET TO A POINT OF INTERSECTION WITH THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER SAID POINT OF INTERSECTION HAVING A RADIAL BEARING OF N 89" 38' 15" W, THENCE LEAVING SAID CURVE, ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER S89"31'53"E 370.17 FEET TO THE POINT OF BEGINNING. ON ROAD SURVEY 1800-1; THENCE NORTHWESTERLY ALONG SAID 6937 CONTAINING 5.68 ACRES MORE OR LESS. PAGE 1 OF4 EXHIBIT "A" PARCEL #2 IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE EASEMENT LEGAL DESCRIPTION SDP 98-19, HDP 98-18, SUP 98-06, CDP 98-73 THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 2 OF PARCEL MAP 1 188 RECORDED DECEMBER 20,1972 AS FILE NO. 340334; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF THE AFOREMENTIONED PARCEL 330' RADIUS CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIAL BEARING TO SAID POINT OF S24"10'10"E, SAID POINT ALSO BEING THE POINT OF INTERSECTION OF THE NORTHERLY FUGHT OF WAY OF CASSIA ROAD AS TAKEN BY THE CITY OF CARLSBAD IN THE FINAL ORDER OF CONDEMNATION RECORDED FEBRUARY 12, 1998 AS DOCUMENT NUMBER OF SAID CURVE ALSO BEING THE NORTHERLY RIGHT OF WAY OF CASSIA ROAD, THROUGH A CENTRAL ANGLE OF 28" 46' 01'' AN ARC LEGTH OF 165.69'; THENCE S 37" 04' 09" W 100.94' ALONG THE NORTHERLY RIGHT OF WAY OF CASSIA ROAD TO THE BEGINNING OF A TANGEANT 270 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 9'07'50" A DISTANCE OF 43.03 FEET TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 23; A RADIAL LINE TO SAID POINT BEARS N43"48'01"W; THENCE NOO"33'10"E 216.55 ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23; TO THE POINT OF BEGINNING. S89'32'58''E 215.53' TO A POINT OF INTERSECTION WITH A NON-TANGEANT 1998-0751 1 1 OF OFFICIAL RECORDS; THENCE SOUTHERLY ALONG THE ARC CONTAINING 0.45 ACRES MORE OR LESS PAGE 2 OF 4 EXHIBIT "A" PARCEL #3 IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE EASEMENT LEGAL. DESCRIPTION SDP 98-19, HDP 98-18, SUP 98-06, CDP 98-73 THAT PORTION OF THE SOUTHERLY TEN ACRES OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, AND A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNADINO MERIDIAN, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23, THENCE S 89" 36' 24" E ALONG THE SOUTHERLY LINE OF SECTION 23, 1348.39 FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23; THENCE N 00" 32' 21 E ALONG THE EASTERLY LINE OF THE SOUTHWEST QUARTER OF SECTION 23, 49.98 FEET TO A POINT OF INTERSECTION WITH A NON TANGEANT 7063 FOOT RADIUS CURVE HAVING A RADIAL BEARING OF N58"1324"E CONCAVE TO THE NORTHEAST, SAID CURVE BEING 63 FEET WESTERLY OF AND CONCENTRIC WITH THE CENTERLINE OF EL CAMINO OF SAN DIEGO RECORDED DECEMBER 18, 1969 AS FILE NO, 230092 OF OFFICIAL. RECORDS; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02" 43' 57" AN ARC LENGTH OF 336.84 FEET TO A POINT OF TANGEANCY, THENCE N 29" 02' 39 W PARALELL TO SAID CENTERLINE 235.12 FEET; THENCE LEAVING SAID LINE PARALELL TO EL CAMINO REAL, N 61" 28' 47" E 76.59 FEET; THENCE N 85" 24' 48" W 197.18 FEET; THENCE N 24" 21" 23" W 127.69 FEET; THENCE N 19" 06' 12'' W 146.67 FEET; THENCE N 16" 16' 07" W 133.09 FEET; THENCE N 8" 42' 34" W 65.63 FEET; THENCE N 43" 19' 35'' W 81.61 FEET; THENCE S 57" 34' 35'' W 84.95 FEET; THENCE N 32" 55' 41" W 251.27 FEET; THENCE N 32" 06' 42" W 33.52 FEET; THENCE N 57" 53' 18'' E 23.24 FEET; THENCE N 35" 28' 20" W 105.20 FEET; THENCE N 89" 33' 56" W 24.00 FEET; THENCE N 40" 58' 01" E 93.22 FEET; THENCE N 30" 48' 43" W 110.49 FEET; THENCE N 59" 11' 17" E 20.00 FEET; THENCE N 30" 48' 43" W 49.26 FEET TO A POINT OF INTERSECTION WITH A NON TANGEANT 270 FOOT RADIUS CURVE HAVING A RADIAL BEARING OF S43"54'21"E, CONCAVE SOUTHWESTERLY BEING 30 DISTANT FROM AND CONCENTRIC WITH THE CENTERLINE OF CASSIA ROAD AS DEFINED BY THE CITY OF CARLSBAD FINAL ORDER OF CONDEMNATION RECORDED REAL PER ROAD SURVEY 1800-1 AS DESCRIBED IN DEED TO THE COUNTY PAGE 3 OF 4 FEBRUARY 12, 1998-075111 OF OFFICIAL RECORDS; THENCE SOUTHWESTERLY ALONG SAID 270 FOOT CURVE CONCENTRIC WITH AND 30 FEET SOUTHEASTERLY OF AFOREMENTIONED CENTERLINE OF CASSIA ROAD THROUGH A CENTRAL, ANGLE OF 9"O1'3Ot' A DISTANCE OF 42.53 FEET TO A POINT OF TANGEANCY; THENCE S 37"04'09" W 100.97 FEET PARALELL WITH THE CENTERLINE OF CASSIA ROAD TO THE BEGINNING OF A 330 FOOT RADIUS TANGEANT CURVE CONCAVE NORTHWESTERLY; THENCE ALONG SAID 330 FOOT RADIUS CURVE CONCENTRIC WITH AND 30 FEET DISTANT FROM THE CENTERLINE OF THE AFOREMENTIONED CASSIA ROAD TO A POINT OF INTERSECTION WITH THE WESTERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23, SAID POINT HAVING A RADIAL, BEARING OF N34"20'06"W, THENCE SOO"33'10"W 1346.78 FEET ALONG THE WESTERLY BOUNDARY OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF AFOREMENTIONED SECTION 23 TO THE TRUE POINT OF BEGINNING. CONTAINING 25.96 ACRES MORE OR LESS. PAGE 4 OF 4 99n 99 EXHIBIT APN 215-020-13 2 1 5-020-2 1 21 5-020-04 PR 00-48 tl IRUNOCABE OFFER OF DEDlC4TION OF OPEN SPACE WEMENT FOR M2NVITA PARTNERS PROPERTY PREPARED By: 1811 ROCK SPRINGS ROAD SAN MARCOS, CA. 92069 s?wmx &DmDm SDP 98-19, SUP 98-06, CDP 98-72 TEL- 760-480-6062 LEGAL DESCRIPTION A PORTION OF SLY TEN ACRES OF NE 1/4 OF SW 1/4 AND A POR. OF SE 1/4 OF THE SW 1/4 OF SEC 23, T 12S, R 4W, SAN BERNADINO MERIDIAN, IN THE COUNlY OF SD, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF LEGEND IRREVOCABLE OFFER OF DEDICATION FOR OPEN SPACE EASMENT PARCEL j1-5.68f ACRES PARCEL #2=0.45* ACRES PARCEL #3=25.96fACRES VICINITY MAP 300 600 900 1200 GRAPHIC SCALE $7 ~~1 I SHEET 1 OF 5 DATE 8/7/03 SCALE 1"=300' PREPARED By: SHAHROlAK ED.D. 181 1 ROCK SPRINGS ROAD SAN WRcOs, ck 92069 TEL- 760-480-6002 0 300 600 900 1200 IRRWOG48f.E OFER OF DEDICATION OF OPEN SPACE EASEMENT FOR MA"lTA PARTNERS PROP€R7Y SDP 98-19, SUP 98-06, CDP 98-73 GRAPHIC SCALE SHEET 2 OF 5 DATE 8/7/03 1*=200* APN 215-021-04 IRREVWE OFFER OF DEDICATION OF OPEN SPACE EASEMENT FOR MA"lTA PARTNERS PROPERTY PREPARED By: 181 1 ROCK SPRINGS ROAD SAN MARCOS, CA. 92069 SHAllkROcK Em. SDP 98-19, SUP 98-06, CDP 98-73 TEL- 760-480-6062 CASSIA RD. BY CITY OF CARLSBAD BY flNAL ORDER OF CONDEMNATION RECD. FEB 12 1998 DOC # 1998-0751 11 OF O.R. DATE 8/7/03 SCALE lff=1o0' APN 215-020-21 0 100 200 300 i 400 GRAPHIC SCALE PREPARED By: SMMROCU EmDmDm 181 1 ROCK SPRINGS ROAD SAN MARCOS, CA 92069 TEL- 760-480-6062 IRUEVOCABLE OFFER OF DEOlCA77ON OF OPEN SPACE W€M€NT FOR MNZAiVTA PARTNERS PROPEUN SDP 98-19, SUP 98-06, CDP 96-7.2 2 LINE TABLE LENGTH