HomeMy WebLinkAboutCT 97-16A; Archstone-Smith Operating Trust; 2002-0135146: Easement-~ 2-
RECORDED REQUEST OF
First.American Title I BY
SUEDIVISION MAPPING DEPT.
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
/..~ City of Carlsbad 1200 Carlsbad Village Dr.
Carlsbad, California 92008
~\~~ MAIL TAX STATEMENTS TO:
\J:'(fef'! EXEMPT ~ The undersigned grantor(s) declare(s):
01.1307
DOC# 2002-0135146
FEB 15, 2002 2:13
OFFICIAL RElllRDS
SAN DIEOO CCMMTV RECORDER'S OFFICE
fMGORV J. SMITH, CClMTV RECOOJER
FEES: 39.00
111111 II I I IIIII Ill I lil 1111111
OC: NA
2002-0135146 :,pace above this line for Recorder's Use
Assessor's Parcel No. 212-010-05 & 11
PM
Documentary transfer tax is $~;:"~ Project No. & Name CT 97-16A/PR 0 1-82
Kelly Ranch Core Area ( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and Whitman Way Grant Deed of Easement for
encumbrances remaining at time of sale. Temporary Slope and Construction
) Unincorporated area: (x) City of Carlsbad, and
GRANT DEED OF EASEMENT
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
City of Carlsbad, a Municipal Corporation
hereby GRANTS to Archstone-Smith Operating Trust, a Maryland real estate investment trust
the following described real property in the City of Carlsbad, County of San Diego, State of California:
a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across
said real property together with the right to construct, grade, remove and deposit soil and construction
materials, conduct operations related to the construction of adjacent facilities and features, clear landscape,
inspect, and maintain within the bounds of said easement as described as Parcel "B" in Exhibit "A" consisting
of 5 pages, attached hereto and made a part hereof. (Exhibit "B" consisting of 2 pages is attached for clarity
only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad
accepts the improvements for Whitman Way.
DATED: f(;I3f.µltf..'( {':f1 d00~
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO By:
On _________ before me, ____ _
(here insert name and title of officer), personally
appeared ______________ _
personally known to me (or 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.
Witness my hand and official seal.
Signature
H /Development Serv1ces/Masters/Deeds-rant Deeds-Easements/Gran! Deed of Easement Slope-Cons(ruct1on
Name: CLAUDE A. LEWIS
(Type or Print)
Title:
By:
Name: __ KA_R_E_N_R_. _K_U_N_D_T_Z_
(Tvce or Print!
Title: Assistant City Clerk
(Type or Print)
Rev 7130/98
-
011308
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof SAi'\ DIEGO
On -~~'-·~l~Ll~D~:i-.o=--=~'------~· before me.J"en1c~.~l~~i~~1DQ~)QVBL1c.,
1
personally appeared ~C,~L~l'\-_IJ~D~E"---'-/.l~. _L_€_W~/~Sc-7.~~--------~
Name(s) of Signer(s}
@
' * ··-jANiCE ;RE;';E~a:; ft t
Commission # 1264044 r
Notary Public -California i
J San Diego County (
1 Mv('nmm.E-.:ci"esMay15,2D4 I"
' __ ,..,_..
Place Notary Seal Above
l,lli.personally known to me
l I proved to me on the basis of satisfactory
evidence
to be the person(e) whose name(st is/a,e
subscribed to the within instrument and
acknowledged to me that heil,RaAi'le~· executed
the same in his/i;ieFlti'lei~ authorized
capacity(ies-). and that by his/he1 /II 1eir
signature(-s, on the instrument the person(i>). or
the entity upon behalf of which the person(et
acted, executed the instrument.
WITNESS my hand and official seal.
~
OPTTONAL----------
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: ""G_._ee .......... n.Li-.,___.T).,,,_<2; ... 5..,_,__D"--~A:L.Ll_P_:_N.=____,~~I ~"---('.)--'--Io_-0_5_&.:...· _:_\_\ __ _
Document Date: :;!-14 -0d-Number of Pages: -~Zf..,·~---
Signer(s) Other Than Named Above: _JN'-"'O"'-'N'-"--£=------------------~
Capacity(ies) Claimed by Signer
Signer's Name: _________________________ _
LJ Individual
□ Corporate Officer -Title( s):
□ Partner -□ Limited □ General
D Attorney in Fact
□ Trustee
□ Guardian or Conservator
C Other: ________________________ _
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing: _______________________ ~----~
C 1999 Natkmal Notary Associalioo • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.n11tionalnot11ry.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
•I
I
011309
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
PORTION OF WHITMAN WAY RIGHT-OF-WAY
BEING A PORTION OF LOT 'F' OF RANCHO AGUA HEDIONDA, ACCORDING TO MAP
THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, DESCRIBED IN A DEED RECORDED IN BOOK 3942, PAGE 32, DATED NOVEMBER
16, 1896, OF OFFICIAL RECORDS OF COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
COMMENCING AT POINT 6 OF LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE EAST-
ERLY ALONG THE NORTHERLY BOUNDARY OF SAID LOT 'F' BEING A COMMON BOUNDARY
WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86°50' 44" EAST 2568. 96 FEET
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY
1. SOUTH 86°50'44'' EAST
2. WESTERLY
3. NORTH 86°50'44" WEST
4. WESTERLY
5. SOUTH 52°15'27'' WEST
El\WP\LEG\1200\ 1224 -WHITSTDE:D. DOC ( 02 /05/02) JRL
446.45 FEET TO THE BEGINNING OF A NON-TANGENT
410. 00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH, A RADIAL LINE TO
SAID BEGINNING BEARS SOUTH
18°53'59" EAST; THENCE LEAVING
SAID BOUNDARY AND ALONG THE ARC
OF SAID CURVE
157. 82 FEET THROUGH A CENTRAL ANGLE OF
22°03'15"; THENCE
155. 02 FEET TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH; THENCE ALONG THE
ARC OF SAID CURVE
192. 72 FEET THROUGH A CENTRAL ANGLE OF
40°53'49"; THENCE
16. 13 FEET TO THE BEGINNING OF A TANGENT
20. 00 FOOT RADIUS CURVE CONCAVE
TO THE EAST; THENCE ALONG THE ARC
OF SAID CURVE
PAGE 1 OF 5
C
6. SOUTHEASTERLY
7. NORTHWESTERLY
8. NORTHEASTERLY
9. NORTH 52°15'27" EAST
10. NORTHEASTERLY
-
01.1.31.0
32. 4 3 FEET THROUGH A CENTRAL ANGLE OF
92 ° 53' 35" TO THE INTERSECTION
WITH THE PROPOSED EASTERLY RIGHT-
OF-WAY OF FARADAY AVENUE, AND THE
BEGINNING OF A TANGENT 842.00
FOOT RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 4 9°21' 52"
EAST; THENCE ALONG SAID RIGHT-OF-
WAY AND THE ARC OF SAID CURVE
98. 32 FEET THROUGH A CENTRAL ANGLE OF
06°41'25" TO THE BEGINNING OF A
TANGENT 20. 00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 42°40'27" WEST; THENCE
LEAVING SAID RIGHT-OF-WAY AND
ALONG THE ARC OF SAID CURVE
28. 07 FEET THROUGH A CENTRAL ANGLE
80°25'00"; THENCE
OF
27. 0 6 FEET TO THE BEGINNING OF A TANGENT
330. 00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTHEAST; THENCE ALONG
THE ARC OF SAID CURVE
93. 7 5 FEET THROUGH A CENTRAL ANGLE OF
16 ° 16' 37" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.468 ACRES, MORE OR LESS.
PARCEL B
COMMENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCH AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86°50' 44" EAST
3015.41 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86°50' 44" EAST
2. SOUTH 63°20'44" WEST
3 · SOUTH 68°50' 2 9" WEST
R\HP\LEG\1200\1224-l•lHITST0ED.OOC \02/05/02) JRL
46.21 FEET; THENCE LEAVING SAID BOUNDARY
4 6. 08 FEET; THENCE
63. 93 FEET; THENCE
PAGE 2 OF 5
4. SOUTH 76°26' 50" WEST
5. NORTH 88°54' 53" WEST
6. NORTH 73°25' 51" WEST
7. SOUTH 79°55'09" WEST
8. SOUTH 63°05' 1 7" WEST
9. SOUTH 53°34' 49" WEST
10. NORTHWESTERLY
11. NORTHWESTERLY
12. NORTH 52°15'27" EAST
13. NORTHEASTERLY
14. SOUTH 86°50'44" EAST
R\WP\LEG\1200\1224-WHITSTDED.DOC (02/05/02) JP.I.
01.131.1.
70.54 FEET; THENCE
72.72 FEET; THENCE
106.70 FEET; THENCE
7 9. 4 6 FEET; THENCE
68.82 FEET; THENCE
72.68 FEET TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY
OF FARADAY AVENUE AND THE BEGIN-
NING OF A NON-TANGENT 842.00
FOOT RADIUS CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 50°23' 07"
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY AND THE
ARC OF SAID CURVE
15. 00 FEET THROUGH A CENTRAL ANGLE OF
01 °01' 15" TO THE BEGINNING OF A
20. 00 FOOT RADIUS REVERSE CURVE
CONCAVE TO THE EAST, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH
LEAVING
WAY AND
CURVE
4 9°21' 52" WEST; THENCE
SAID EASTERLY RIGHT-OF-
ALONG THE ARC OF SAID
32. 43 FEET THROUGH A CENTRAL ANGLE OF
92°53'35"; THENCE
16. 13 FEET TO THE BEGINNING OF A TANGENT
270.00 FOOT RADIUS CURVE CONCAVE
TO THE SOUTH; THENCE ALONG THE
ARC OF SAID CURVE
192. 72 FEET THROUGH A CENTRAL ANGLE OF
40°53'49"; THENCE
155. 02 FEET TO THE BEGINNING OF A TANGENT
410.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTH; THENCE ALONG THE
ARC OF SAID CURVE
PAGE 3 OF 5
15. EASTERLY
01.1.312
157.82 FEET THROUGH A CENTRAL ANGLE OF
22°03' 15" TO THE TRUE POINT OF
BEGINNING.
CONTAINS 0.403 ACRES, MORE OR LESS.
PARCEL C
COMMENCING AT POINT 6 OF SAID LOT 'F' OF SAID RANCHO AGUA HEDIONDA; THENCE
EASTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID LOT 'F' BEING A COMMON
BOUNDARY WITH LOT 'I' OF SAID RANCHO AGUA HEDIONDA SOUTH 86°50' 44" EAST
2347.96 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
BOUNDARY
1. SOUTH 86°50'44" EAST
2. WESTERLY
3. SOUTH 52°15'27" WEST
4. SOUTHWESTERLY
R\WP\U:G\l200\l224-HKITSTPED.OOC (02/05/02) JRL
~
221.00 FEET TO THE
TANGENT
CONCAVE
RADIAL
BEGINNING OF A NON-
330.00 FOOT RADIUS CURVE
TO THE SOUTHEAST, A
LINE TO SAID BEGINNING
BEARS NORTH 21°27' 56" WEST;
THENCE LEAVING SAID BOUNDARY AND
ALONG THE ARC OF SAID CURVE
93.75 FEET THROUGH A CENTRAL ANGLE OF
16°16'37"; THENCE
27.06 FEET; TO THE BEGINNING OF A NON-
TANGENT 20. 00 FOOT RADIUS CURVE
CONCAVE TO THE NORTH, A RADIAL
LINE TO SAID BEGINNING BEARS
SOUTH 37°44' 33" EAST; THENCE
ALONG THE ARC OF SAID CURVE
28.07 FEET TO THE INTERSECTION WITH THE
PROPOSED EASTERLY RIGHT-OF-WAY
OF FARADAY AVENUE AND THE BEGIN-
NING OF A 842.00 FOOT RADIUS
REVERSE CURVE CONCAVE TO THE
SOUTHWEST, A RADIAL LINE TO SAID
BEGINNING BEARS NORTH 42°40'27"
EAST; THENCE ALONG SAID PROPOSED
EASTERLY RIGHT-OF-WAY AND THE
ARC OF SAID CURVE
PAGE 4 OF 5
5. NORTHWESTERLY
011313
118.20 FEET THROUGH A CENTRAL ANGLE OF
08°02' 26" TO THE TRUE l?OINT OF
BEGINNING.
CONTAINS 0.183 ACRES, MORE OR LESS
R\HP\LtG\1200\1224-HHITST0ED.OOC (02/05/02) JRL
REX S. PLUMMER
LS 6641
EXPIRATION DATE
PAGE 5 OF 5
DATE
12/31/03
011314
LEGAL DESCRIPTION:
THIS IS A PORTION OF LOT 'F' OF RANCHO AGUA H£DIONDA
MAP NO. 823 IN 7HE CITY OF CARLSBAD, IN THE COUNTY
OF SAN DIEGO, IN 7HE STATE OF CALIFORNIA
ASS£SORS PARCEL NO. :S
212-010-05, 212-010-11
OWNER
CITY OF CARLSBAD
16J5 FARADAY AVENUE
CARLSBAD, CALIFORNIA 92008
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR 7HIS DRAWING IS
l
A PORTION OF 7HE NOR7HERL Y LINE OF LOT 'F' ON
RANCHO AGUA HED/ONDA MAP NO. 823 VICINITY MAP
I.E. NOR7H 86'50'44" WEST
ENGINEER OF WJRK:
PRO.ECTDESIGN CONSULTANTS
701 8 STREET
SAN DIEGO, CAUFORNIA 92101
PH<»IE: (619) 2J5-64tn
LEGEND
t•:-:-:::,:,:,:-:,:-::.j IND/CA TES PARCEL 'A', STREET DEDICATION OF 'MIITMAN WAY
TOTAL AREA =0.468 ACRES
l ! 11111 l INDICATES PARCEL 'B', SLOPE EASEMENT
TOTAL AREA =0.403 ACRES
&\\\S) INDICATES PARCEL 'C', FEE PARCEL
TOTAL AREA =0.18J ACRES
POC IND/CA TES POINT OF COMMENCEMENT
1POB IND/CA TES TRUE POINT OF BEGINNING
REX . PLUMMER, L.S. 6641
RfGISTRATION £XP/RfS 12/31/ZOOJ
DATE
STREET OED/CATION -IN LOT r' MAP NO. 823
NO SCALE
EXHIBIT '8'
SHEET 1 OF 2
~'Pm~':-----1ip,oi;1?,~'£P.iiA'ARED'iiiiJiiB1YY:~· ---~AP.APP'PR~O~~fl'Df'"iB9iY:':°": ---, A.P.N. KELLY I.AND COMPANY • 2011 PALOUAR AIRPORT RD, PRO.ECTDESIGN CONSIJLTAN 212-010-05 ct 212-010-11
st/IT 2Q6 701 8 STREET. SUITE 800 Tl
CARLSBAD. CA. 92009 SAN 0/ECO, CA 92101 r:,, ~2 31 'OS 1141£
T: \l,lappiig\1224.9()\et.A1S\1224MlltSIDed\1224MlftSIDed-01.dwg
Feb OS. 2002 Cia/J
C
011315
----z I[
SCALE 1"=100'
No. Radius Delta 11 er,nrn
Cl 410.00' 22'03'15" 157.82'
C2 270.00' 40"SJ'49• 192.72'
CJ 20. 00' 92"SJ'J5" J2.4J'
C4 842. 00' 06'41'25" 98.J2'
c5 2aoo' B0'25'oo· 2B.07'
C6 JJo.oo· 1616'Jr 9J.75'
Cl 842.00' 08'02'36• 118.20'
CB 842.00' 01'01'15" 15.00'
EXHIBIT 'B'
SHEET 2 OF 2
STREET OEDICA T/ON -IN LOT 'F' UAP NO. 82J
K£i.J. r Lillo COMPANY PREPARED BY:
2011 PALOMAR Al8PQR[ RO. PRo.£CTD£SIGN CONSULTANTS
SUIT 2Q6 701 8 STREET. SUITE 800
CARLSBAD, CA. 92009 SAN DIEGO. CA 92101
T: \/Jappr,g\1224.SO~PLA JS\ 1224.,,,,ltStDed\ 1224.,,,,itSto.d--OJ.dwg ,.., n< ?M?lJa;,IJ✓
A.P.N.
212-010-05 It 212-010-11
01.1316
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:
Commission No: J fl. {,p 1-./0</</
Date Commission Expires: ':Jr (Q-Q</
County where bond is filed: ~~
Mmof,ctu,u /"t? Numb<" /0 l,J ~ [
Signature: Ll!/!i_q_i;,,_,e .J.ae..i
Place of execution: '04 .µ._~ f. 2a--·
Date:._---'-(2,=---·-=--/__.<-/'-,--Q,""-"'fx..~_