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Home My WebLink AboutPR 06-121; ; 2006-0750540; Irrevocable Offer of Dedication IODDOC# 2006-0750540 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 AT 10444 OCT 23, 2006 3:09 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 ^.-nPAGES G 2006-0750540 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 PR 06-121 156-130-33-00 CB061669 Fry Residence IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Peter C. Fry and Judy L. Fry, co-trustees of the Fry Family Trust UTD June 18th, 2001 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, attached hereto and made a part hereof. Exhibit "B" consisting of two ( 2 ) 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. 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 Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 10445 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 £>TT< day of *x~nn>e&. _ , 20 bu Peter C. Fry and Judy L. Fry, co-trustees of the Fry Family Trust UTD June 18th, 2001 (Grantor) By: Name: By: Name: jgfna'ture) Peter C. Fry (Type or Print) Judy L. Fry (Type or Print) 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 OgfroVog^ Z> . 20 OSL from ffcW <L- *VS>A-sU ^x-v to the City of Carlsbad, California, a municipal corporation, 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 recordation thereof by its duly authorized officer. Date: Masters/Deeds-Grant Deeds-Easements/lrrevocable Offer to Dedicate Real Property for Public Street & Public Utility Purposes REV: 7/25/05 10448 State of California ) ) County of San Diego ) On t o . before me, (Date) personally appeared r ^Te"A s ^= LAS AJ <s -r A (Name, title of Officer) L. (Name[s] of Signer[s]) , Q personally known to me -OR - .J2T proved to me on the basis of satisfactory evidence to be the person^ whose namejs) is/afe) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/^rieiri authorized capacity(ies), and that by his/hertfjiejr signature(s)_on the instrument the personjs), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal 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 10447 EXHIBIT "A" LEGAL DESCRIPTION ARLAND ROAD PR 06- \A\ THE SOUTHWESTERLY 20.00 FEET OF THAT PORTION OF THE SOUTHEAST QUARTER 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 UNITED STATES GOVERNMENT SURVEY APPROVED DECEMBER 27, 1870 DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE NORTHWESTERLY LINE THEREOF AND IT'S SOUTHWESTERLY PROLONGATION SOUTH 55°26'14" WEST, 407.24 FEET (RECORD SOUTH 55°24'00" WEST, 406.99 FEET) TO THE NORTHEASTERLY LINE OF ARLAND ROAD AS SHOWN ON SAID MAP NO. 2169; THENCE ALONG SAID LINE NORTH 34°35'09" WEST (RECORD NORTH 34°26'00" WEST), 58.00 FEET TO THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN DEED TO F.A. PATSKE, ET UX, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 24, 1945 IN BOOK 1984, PAGE 170, OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE THEREOF NORTH 55°26'14" EAST, 407.11 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF LOT 8 OF SAID MAP 2169; THENCE ALONG SAID LINE SOUTH 34°42°47" EAST (RECORD SOUTH 34°33'00" EAST, 58.00 FEET TO THE POINT OF BEGINNING. AREA: 1160 SO. FT. SEPTEMBERS, 2006 10448 LEGAL DESCRIPTION A PORTION OF THE SE 1/4, SEC 31, T 11 S, R 4 W. SBM. BASIS OF BEARINGS: THE NORTHWESTERLY LINE OF LOT 4, MAP 2169 PER PM 12341; IE, NORTH 47'05'00" EAST LEGEND STREET DEDICATION EXISTING STREET R.O.W. SUBDIVISION BOUNDARY |/ / / / | AREA OF DEDICATION PREPARED BY: SAN DIE GUI TO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING . • PLANNING LAND SURVEYING CARLSBAD VICINITY MAP NO SCALE STREET DEDICATION PLAT ARLAND ROAD EXHIBIT B GORDON L. McELROY L.S. 4306 EXP. 6/30/08 SHEET 1 OF 2 PR 06-f.ai A.P.N.: 156-130-33 U:\1data\surveys\4735surv\dwg\4735_ST_DEDICATION_PLAT.dwg 9/19/2006 SDE 4735 10449, XX A PORTION OF THE SE 1/4, SEC 31. T 11 S, R 4 W, SBM. SCALE: 1 = 20 PREPARED BY: SAN DIEGUITO ENGINEERING, INC. 4407 MANCHESTER, SUITE 105 ENCINITAS, CA 92024 PHONE: (760) 753-5525 CIVIL ENGINEERING • PLANNING LAND SURVEYING EXHIBIT B GORDON L. MCELROY L.S. 4306 EXP. 6/30/08 SHEET 2 OF 2 PR 06-1,21 A.P.N.: 156-130-33 U:\1doto\surveys\4735surv\dwg\4735_ST_DEDICATION_PLAT.dwg 9/19/2006 SDE 4735