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HomeMy WebLinkAboutPR 08-12; ; 2008-0598297; 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 6746 DGC# 2008-0598297 NOV18, 2008 2:47 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,.!. SMITH, COUNTY RECORDER FEES: 27.00 PAGES: 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 ID: Project Name: 156-152-16 PR 08-12 SOUTHERLAND/ DOLKAS RESIDENCE Related Project ID: Related Project ID CB 08-1186 IRREVOCABLE OFFER TO DEDICATE AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SCOTT A. SOUTHERLAND and JENNIFER DOLKAS 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 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 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 DOLKENIOD.doc 6747 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 2-5 day of Qcfo^^ 20 SCOTT A. SOUTHERLAND and JENNIFER DOLKAS, husband and wife as joint tenants (Grantor) (Signature) Name: SCOTT SOUTHERLAND (Type of-Print) / (Signature) Name: JENNIFER DOLKAS (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.) IRREVOCABLE OFFER TO DEDICATE EASEMENT FOR PUBLIC ST & PUBLIC UTILITY PURPOSES rev 9-23-08.doc ORIGINAL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 6748 State of California County of Date personally appeared before me,U-^l nsert Name7Here Insert Name7 and Title of the Officer ^ ou->-fw Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)^are subscribed to the within instrument and acknowledged to me that hte/sjje?they executed the same in JjisThet/their authorized capactogQe^ and that byjjts'hpr'/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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Pul Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: bfW |e>4 DO^b-Y' ^3 <^f/ "ban Named Above: — Number of Pages: ^ ' '1 AC,^=,/'M 4- J,Q Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUM8PRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here k., ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402• Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 EXHIBIT "A" " The property being offered for dedication is the Southwesterly 10 feet of the following described property: The Southwesterly 167 feet to the Northwesterly 65 feet of Lot 18 of 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 San Diego County August 13, 1929. The Southeasterly line of said Northwesterly 65 feet being parallel with and distant 65 feet from the Northwesterly line of said lot. Assessor Parcel No. 156-152-16 PR 08-12 Southerland/Dolkas Residence LOCATION MAP 6750 SCALE 1" = 30' 65.00' N34'34'27"W 65.00' NJ4'J4'27"IV EDGE OF PAVEMENT WILSON STREET PROJECT NAME STREET DEDICATION FOR SOUTHERLAND / DOLKAS RESIDENCE PROJECT NUMBER PR08-12 EXHIBIT B DRAWN BY: SCOTT EVANS, CARLSBAD EMfflNEOTNC DEPT. 10/20/08 C:\DEVELOPUENT PROJECTS\PR\PROB-42.DWG 6751 CERTIFICATION OF REJECTION OF IRREVOCABLE OFFER OF DEDICATION This is to certify that the Offer of Dedication, dated October 23. 2008. from Scott A. Southerland and Jennifer Polkas, 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: November 13, 2008 SHERRY FRBISINGER, Deputy Clerk / ™ 6752 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary;L Commission Number: ["113 5 ga»4 Date Commission Expires: (p-16 - i | County Where Bond is Filed: MAIManufacturer or Vendor Nurnber:_ (Located on both sides of the notary seal border) Signature i (M Firm Name (if applicable) Place of Execution:Da.e : H-fr Rec. Form #R10 (Rev. 7/96)