HomeMy WebLinkAboutPR 03-93; ; 2004-1066306; Irrevocable Offer of Dedication IODDOC # 2004-1 U663O6
RECORDING REQUESTED BY
AND WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA 92008
NOV 09,2004 459 PM
OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY REC:ORC,ER FEES: 0. nu OC NA
PAGES: 8
$1 'l' The undersigned grantor(s) declare(s): Assessor's Parcel No. 209-050-25
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
Project No. & Name Faradav Ave. Countv
Par. No. 2004-0045-A (fr
I"
IRREVOCABLE OFFER TO DEDICATE REAL PROPE FOR
PUBLIC STREET AND PUBLIC UTILITY PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
County of San Diego, a political subdivision of the State of California, hereinafter
designated Grantor, represents that it is 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, 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 consists of that certain 84 foot wide right-of way for public
street and public utility purposes described in Exhibit "A consisting of two (2) page@),
attached hereto and made a part hereof. Exhibit "B consisting of three (3) page@) is
attached for clarity only. The Grantor hereby further offers to Grantee 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.
RESERVING unto Grantor of the above described parcel of land, its 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 City Engineer.
RESERVING THEREFROM the following rights and privileges:
1. For the use and benefit of the Public, the right of flight for the passage of aircraft
in the airspace above said easement, together with the right to cause in said
airspace such noise and such incidence of flight as may be inherent in the
operation of aircraft, now known or hereafter used for navigation or of flight in air,
Page 1 of 3
34
2.
3.
4.
5.
This
using said airspace taking off from, landing at or operating on McClellan-Palomar
Airport.
The continuing and perpetual right to prohibit and/or have removed at no
expense to Grantor any buildings, structures, facilities, utility poles, trees,
bushes, shrubs or any other objects extending into, or which in the future could
infringe upon or extend into or above, the McClellan-Palomar Airport clear zone
approach, take-off or flight surface.
The right to require Grantee, at Grantee’s sole cost and expense to remove, raze
or destroy any objects identified in section 2, above, infringing upon or extending
into said McClellan-Palomar Airport clear zone surface, together with the right to
prohibit the future erection of any objects which would infringe upon or extend
into said surface.
The right to require Grantee, at Grantee’s sole cost and expense, to mark and
light as obstructions to air navigation, any and all of the objects identified in
section 2, above, that may at any time project or extend above said surface.
The right of ingress to and egress from, and passage over the herein described
easement, for the above purposes.
Irrevocable 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 Irrevocable 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
or as authorized by Carlsbad Municipal Code Chapter 11.04.
This Irrevocable Offer of Dedication shall be irrevocable and shall be binding on the
Grantor, its heirs, executors, administrators, successors and assigns.
Grantee and Grantee’s successors, assignees and beneficiaries agree to the extent
authorized by law, to assume all risks of loss, damage and/or injury to person and/or
property by reason of the condition or incidental to the use of the subject right-of-way
and will hold harmless, save and indemnify Grantor, and Grantor’s directors, officers,
agents and employees (“Covered Parties”), free and harmless from and indemnify
against any and all loss, damage, injury, cost of defense, attorney’s fees, witness fees,
including expert witness costs or expenses, resulting from injury to any person, including
the defense of any action for injury or death, or loss of, or damage to property, resulting
from acts of Grantee or the use by Grantee of the premises, excluding therefrom any
such loss, damage or expense resulting in any manner from the negligent or intentional
acts or omissions of Covered Parties.
Page 2 of 3
IN WITNESS WHERE F, the G a tor as caused this Irrevocable Offer of Dedication to
be executed this /Gay of &h&2004.
THE COUNTY OF SAN DIEGO
ATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) )
On October 18 , 2004, before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said County and State, personally appeared JOHN J.
McTIGHE, Director, Department of General Services personally known to me 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 (Pursuant to Ordinance No. 7206 adopted September 23, 1986),
and that by his signature on the instrument the County executed the same.
al
J.
seal.
SMI TH, Asses
Name (typed or printed)
CERTIFICATION FOR ACCEPTANCE OF DEED OFFER TO DEDICATE REAL PROPERTY
This is to certify that the interest in real property conveyed by the Irrevocable Offer to Dedicate
Real Property dated , 2004-, from the County of San Diego, a political subdivision
of the State of California, to the City of Carlsbad, California, a municipal corporation, is hereby
accepted by the City of Carlsbad, California pursuant to CMC Chapter 11.04, adopted on
September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized
officer.
10/18
Page 3 of 3
APRIL 16, 2004
J.N. 961005
PAGE 1 OF 2
EXHIBIT 'A'
LEGAL DESCRIPTION
FARADAY AVENUE
STREET RIGHT-OF-WAY
PR 03-93
PORTIONS OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, LYING WITHIN THE LAND
DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, ACCORDING TO
FILE/PAGE NO. 74-014190, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JANUARY 18, 1974, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 'A'
COMMENCING AT POINT 14 OF SAID LOT "B" AS DESIGNATED ON SAID MAP
NO. 823, THENCE ALONG THE BOUNDARY OF SAID LOT "B", SOUTH
89'27'48" EAST (SOUTH 89'54'00" EAST, REC.) 23.41 FEET; THENCE
ALONG THE EASTERLY BOUNDARY OF THAT PROPERTY BEING DESCRIBED IN
SAID DEED, SOUTH 02'38'56" EAST (SOUTH 03'05' 08" EAST, REC. )
3275.59 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
ON SAID EASTERLY BOUNDARY SOUTH 02'38'56" EAST 96.20 FEET TO THE
BEGINNING OF A NON-TANGENT 758.00 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS NORTH
33'32'39'' WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 5'17'34'' A DISTANCE OF 70.02 FEET;
THENCE SOUTH 51O09'47" WEST 318.31 FEET TO THE BEGINNING OF A
892.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE WESTERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 72'21'45''
A DISTANCE OF 1126.56 FEET; THENCE NORTH 56'28'28" WEST 105.28
FEET TO THE BEGINNING OF A 783.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 22'19'05" A DISTANCE OF 305.00 FEET TO
POINT 'A', SAID POINT BEING ON THE SOUTHERLY BOUNDARY OF THE
PROPERTY DESCRIBED IN DEED TO THE CITY OF CARLSBAD, ACCORDING TO
FILE/PAGE NO. 82-201566, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, JUNE 30, 1982, A RADIAL LINE TO
SAID POINT BEARS NORTH 11'12'27" EAST; THENCE ALONG SAID
SOUTHERLY BOUNDARY SOUTH 78'47 ' 33" EAST (SOUTH 79'13'45" EAST,
REC.) 290.94 FEET TO THE SOUTHEASTERLY CORNER OF SAID CITY
37
APRIL 16, 2004
J.N. 961005
PAGE 2 OF 2
PROPERTY; THENCE ALONG THE EASTERLY BOUNDARY OF SAID CITY
PROPERTY NORTH 30'55'00'' EAST (NORTH 30'28'48" EAST, REC.) 31.70
FEET TO THE BEGINNING OF A NON-TANGENT 867.00 FOOT RADIUS CURVE
CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID BEGINNING BEARS
NORTH 31'33' 59" EAST; THENCE, LEAVING SAID EASTERLY BOUNDARY,
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 1O57'33" A DISTANCE OF 29.65 FEET; THENCE SOUTH
56'28'28" EAST 105.28 FEET TO THE BEGINNING OF A 808.00 'FOOT
RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 72'21'45" A DISTANCE OF
1020.47 FEET; THENCE NORTH 51'09'47" EAST 318.31 FEET TO THE
BEGINNING OF A 842.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 8'39'22" A DISTANCE OF 127.21 FEET TO THE TRUE
POINT OF BEGINNING.
AREA = 3.24 ACRES
PARCEL 'B'
BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL 'A'; THENCE, ALONG
THE SOUTHERLY BOUNDARY OF THE PROPERTY DEEDED TO THE CITY OF
CARLSBAD AS DESCRIBED IN PARCEL "A", NORTH 78'47'33" WEST (NORTH
79'13'45'' WEST, REC.) 75.82 FEET TO THE TRUE POINT OF BEGINNING;
THENCE, LEAVING SAID SOUTHERLY BOUNDARY, NORTH 80'43' 16" WEST
238.05 FEET TO THE BEGINNING OF A 20.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 87'28'24" A DISTANCE OF
30.53 FEET; THENCE SOUTH 11'48'20'' WEST 30.00 FEET; THENCE NORTH
78'11'40'' WEST 12.00 FEET TO A POINT ON THE EASTERLY LINE OF THAT
EASEMENT FOR ROAD AND UTILITY PURPOSES TO THE CITY OF CARLSBAD,
ACCORDING TO FILE/PAGE NO. 82-201566, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY JUNE 30, 1982; THENCE, ALONG
SAID EASTERLY LINE, NORTH 11'48'20" EAST 57.67 FEET TO A POINT ON
SAID SOUTHERLY BOUNDARY; THENCE, ALONG SAID SOUTHERLY BOUNDARY,
SOUTH 78'47'33'' EAST (SOUTH 79O13'45" EAST, REC.) 268.95 FEET TO
THE TRUE POINT OF BEGINNING.
AREA = 0.04 ACRES
4:\961005\030312 Street ROW2.1gl.doc
38
DATA TABLE
w. 1
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lm I DELwBEAR~NG i RADIUS i LENGTH I REMARKS 1 I
S 073836"€ I - I 96.20' { ---
A = 05'17'34" I 758.00'I 70.02' I ---
EX H I BIT " B "
?lMOTHY 0. CARROLL
WIS OF BDRING2
THE BASIS OF BEARINGS IS ME
EAST LINE Of GRANT DEED PER
UARCOS fILE/PAGE NO. 74-014190
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POR77ONS OF LOT 2" OF RANCHO AGUA HED/ONDA, IN
THE CITY OF CARLSBAD? COUNTY OF SAN DIEGO? SnTE OF
CAllFORNY.4, ACCORDING JO THE MAP THEREOF NO. 823
NLED IN THE ofm of ME coum RECORDER OF
SAN DIEGO COUNV, NOVEMBER is, 1896 LWNG wirHiN rw
LAND DESCRIBED /N DEED To COUNTY of SAN DIEGQ
ACCORDI.NG TO fllE/PAGE NO. 74-014190, RlED IN THE OFflCE
OF THE RECORDER OF SAN DIEGO COUNTK JANUARY 18, 1974.
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