HomeMy WebLinkAbout6051; Batiquitos Lagoon Foundation; 2026-0058466: EasementRECORDING REQUESTED FOR THE
BENEFIT OF THE CITY OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
DOC# 2026-0058466
111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII
Mar 03, 2026 01 :02 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $0.00 (SB2 Atkins: $0.00)
PCOR: N/A
PAGES: 9
The undersigned grantor(s) declare(s):
SPACE ABOVE THIS LINE FOR RECORDER'S USE
Assessor's Parcel No.: 216-121-19
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
---------Project ID: _C_I_P_6_0_5_1 _____ _
Related Project ID: DWG No. 528-9
Related Project ID: ________ _
Project Name: El Camino Real
Widening from Arenal Road to La Costa
Avenue
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Batiquitos Lagoon Foundation, a non-profit corporation
the owner of real property described herein located in the City of Carlsbad, San Diego County,
California hereby GRANTS to City of Carlsbad, a Municipal Corporation ("Grantee")
the following described real property in the City of Carlsbad, County of San Diego, State of
California: This TEMPORARY CONSTRUCTION EASEMENT is for the purpose of
constructing the El Camino Real Widening Project, a public project (the "Project"), and
gives City, its successors and assigns, including City's contractor(s), the power to perform
all activities necessary for the construction and completion of the Project, inclusive of
ingress and egress, and necessary appurtenances thereto, in, over, across, along, through
and under the Property and incidents thereto, within the bounds of said easement as
described in Exhibit "A", consisting of two (2) pages, attached hereto and made a part
hereof, and Exhibit "B" consisting of three (3) pages is attached hereto for clarity only (the
"Easement Area").
It is understood that said TEMPORARY CONSTRUCTION EASEMENT shall expire on
December 31, 2028, or upon completion of the project, whichever occurs first. At the expiration of
the TEMPORARY CONSTRUCTION EASEMENT, City shall restore the Easement Area to a
condition substantially the same condition as existed before construction to the extent feasible
and verified by a qualified biologist in accordance with the City of Carlsbad Habitat Management
Plan (HMP).
(SIGNATURES ON FOLLOWING PAGE)
In witness whereof, grantors have caused this Grant Deed to be executed as of Fe.'oroo.rl '2.~ , 2026.
By:
By:
By:
By:
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S)
--1-r-t--f--,:;;,6,...-::,:-<.,..'l"C'C'."~--------MUST BE ATTACHED.)
b C" NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE
~~TI'.~Q~~~~~~~~~,.;:i.~L---SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR
(Sign Here)
(Pnnt Name Here)
(Sign Here)
(Print Name Here)
1e
(Sign Here)
(Pnnl Name Here)
It e
CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY
A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS
THAT IS SIGNED BY THE SECRETARY OR ASSISTANT
SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL
SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN
BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT
AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS
DOCUMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS
WITH RESPECT THERETO.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of )di/ t}/ e9 #
On rJ 2 / 2 / / 2 oz 6 before me, Simon Declan Boyles, Notary Public
(insert name and title of the officer)
personally appeared C'1c/.> itJ/J4e, J. /9.o ~ _£
who 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.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature~
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 216-121-19
THAT PORTION OF LOT 3 OF SECTION 35, TOWNSHIP 12 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT
THEREOF, LYING WESTERLY OF ROAD SURVEY NO. 1800-1, DESCRIBED IN
DEED TO THE COUNTY OF SAN DIEGO, RECORDED NOVEMBER 21, 1969 AS
INSTRUMENT NO. 217326 OF OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A WELL MONUMENT STAMPED "CLSB-037 L.S. 6215" SET AT BULB
OF ARENAL ROAD 500 FEET EAST OF EL CAMINO REAL SHOWN AS "POINT NO.
37" ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE
OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 AS FILE NO. 2002-0112862
OF OFFICIAL RECORDS WHICH BEARS NORTH 18°12'59" EAST 3452.67 FEET
FROM A 2.5" DISK STAMPED "CLSB-017 L.S. 6215" SET IN THE NORTHEAST
CORNER OF LA COSTA AVENUE BRIDGE OVER ENCINITAS CREEK, 185 FEET
WEST OF EL CAMINO REAL SHOWN AS "POINT NO. 17" ACCORDING TO SAID
RECORD OF SURVEY; THENCE SOUTH 82°31'06'' WEST 667.61 FEET TO THE
WESTERLY LINE OF SAID LAND DESCRIBED IN DEED AND THE SOUTHEAST
CORNER OF A ROAD EASEMENT IN FAVOR OF THE CITY OF CARLSBAD
RECORDED JUNE 17, 1981 AS INSTRUMENT NO. 81-189717 OF OFFICIAL
RECORDS; THENCE ALONG THE SOUTH LINE OF SAID ROAD EASEMENT
NORTH 70°00'42" WEST 21.00 FEET TO THE SOUTHWEST CORNER OF SAID
ROAD EASEMENT AND A LINE THAT IS 21.00-FEET NORTHWESTERLY OF, AND
PARALLEL TO, SAID WESTERLY LINE, SAID POINT BEING THE TRUE POINT OF
BEGINNING;
1. THENCE ALONG SAID SAID PARALLEL LINE SOUTH 19°59'18" WEST 774.60
FEET TO THE SOUTH LINE OF SAID LOT 3;
2. THENCE ALONG SAID SOUTH LINE NORTH 82°18'08" WEST 21.49 FEET;
3. THENCE LEAVING SAID SOUTH LINE NORTH 19°59'18" EAST 91.95 FEET;
4. THENCE NORTH 7°51 '33" WEST 59.94 FEET;
5. THENCE NORTH 19°59'18" EAST 16.00 FEET;
6. THENCE NORTH 42°59'50" EAST 79.31 FEET;
7. THENCE NORTH 19°59'18" EAST 514.00 FEET;
8. THENCE SOUTH 70°00'42" EAST 8.00 FEET;
9. THENCE NORTH 19°59'18" EAST 124.95 FEET TO A POINT ON THE
WESTERLY LINE OF SAID ROAD EASEMENT AND THE BEGINNING OF A
25.00-FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE
TO SAID POINT BEARS NORTH 56°51 '30" EAST;
10. THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE AND SAID
WESTERLY LINE THROUGH A CENTRAL ANGLE OF 53°07'48" A DISTANCE
OF 23.18 FEET TO SAID PARALLEL LINE;
11. THENCE ALONG SAID PARALLEL LINE AND SAID WESTERLY LINE OF SAID
ROAD EASEMENT SOUTH 19°59'18" WEST 73.73 FEET TO THE TRUE
POINT OF BEGINNING.
AREA = 17,409 SQUARE FEET (0.400 ACRES), MORE OR LESS (BASED ON
GROUND DISTANCES).
PAGE 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION EASEMENT
APN 216-121-19
SEE EXHIBIT "B" ATTACHED AND BY REFERENCE MADE A PART HEREOF.
THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE
BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, NAD83,
EPOCH 1991.35 (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY
0.999964640 TO OBTAIN GROUND DISTANCES.
4/12/2024
PAGE 2 OF 2
I
I
0
POR.
LOT 2.
EXHIBIT "B"
-~-
POR. LOT 3
SEC. 35
T. 12 S., R 4 W. S.B.M.
APN 216-121-19
POR.
P.O.B.
PT NO. 37
PER ROS
17271
_A
t\___-----T
-~ I /
667.61 .
S 82'31'06" w /:;, fo; 1/'j
.J
/~
I
(
I• ;.ll1
;f
;-
~3 _/j
/ cf!:
f1. PT. NO. 17
PER ROS
17271
PJ-
LOT J
LOT 11
LOT 12./ POR.
SCALE 1" = 200' LOT 11.
I I I
100 200 400
W'L Y LINE LAND DESCRIBED
IN DEED TO THE COUNTY OF
SAN DIEGO REC. 11/21/1969
AS INST. NO. 217326 O.R.
SEE SHEET 3
NOTE: SEE SHEET 3 FOR
NON-PLOTT ABLE
EASEMENTS
LEGEND
~ ~ RIGHT-OF-WAY ACQUISITION (ACQ)
:~~-_ .... : AREA = 16,218 SQ. FT.(0.372 AC.), MORE OR LESS
I I I I I 11
TEMPORARY CONSTRUCTION EASEMENT (TCE)
'--'~--'--'--'-AREA = 17,409 SQ. FT.(0.400 AC.), MORE OR LESS
P.O.B. POINT OF BEGINNING
T.P.O.B. TRUE POINT OF BEGINNING
8. CONTROL POINT PER ROS 17271
E1 SEE EASEMENT LEGEND ON SHEET 2
SHEET 1 OF 3 SHEETS
REVISED BY: DA TE: EL CAMINO REAL WIDENING -SCA~~ = 200'
1-D_RA_WN_BY_: _K_A_----l-_D_AT_E: _0....:.4/_12..:.../2_0_24----r __ A_R_E_N_AL_R_O_A_D_TO_L_A_CO_S_T_A_A_VE_NU_E_--1 DOC. NO.
CHECKED BY: JR DATE: 04/12/2024 APN 216-121-19 BA llQUITOS LAGOON FOUND A llON, DWG. NO.
APPROVED BY: DA TE: A CALIFORNIA NONPROFIT CORPORA llON
EASEMENT LEGEND
E1
E2
E3
E4
ROAD EASEMENT IN FAVOR OF THE CITY OF
CARLSBAD REC. 6/17/1981 AT FILE/PAGE
NO. 81-189717 O.R.
A COMMUNICATIONS EASEMENT IN FAVOR OF
THE PACIFIC TELEPHONE AND TELEGRAPH CO.
REC. 9/27 /78 AS FILE/PAGE NO.
78-412182 O.R.
AN OPEN SPACE EASEMENT IN FAVOR OF
THE CALIFORNIA COASTAL CONSERVANCY
AND THE STATE LANDS COMMISSION REC.
6/27/1986 AS DOC. NO. 86-264604 O.R.
OVER ENTIRE PROPERTY AND AN
IRREVOCABLE OFFER TO DEDICATE PUBLIC
ACCESS EASEMENTS OVER PORTIONS OF
PROPERTY REC. 7/27/1986 AS INST. NO.
86-264605 O.R.
GAS PIPELINE EASEMENT IN FAVOR OF
SDG&E REC. 7/25/1960 AT FILE/PAGE NO.
149737 O.R. AND SHOWN ON RS 1800-1
POR. LOT 3
SEC. 35
S 70'00' 42" E
8.00'
T. 12 S., R 4 W. S.B.M.
APN 216-121-19
~E3
-k_ I I
,4frt N ---~ ~l Ro ---
l\=53'07' 48t1D I
R=25.00'
L=23.18'
I
I I
I
I
I
I I P.O.B.
PT 37
PER ROS
N lOtJo• 17271 <1.oo• 4<" w I ____ ~
~~f -~~f I
s 82•3f 06" w 11;;
I I I C"lj
T.P.O.B. T.P.O.B. ACQ / ~
TCE SW SE COR. E1 / "'">
,COR. E1 /
-...-J ~
I w /~ 0:: 1 ;lll a ;J:! ~ I i; ~ ~ I
U~ / f1 PT 17
PER ROS
17271 I
-------'-----W'L Y LINE LAND DESCRIBED
,______ IN DEED TO THE COUNTY OF I cS SAN DIEGO REC. 11/21/1969 § // AS INST. NO. 217326 O.R.
!:}
SCALE 1" = 40'
1.____1_1 __ ___.i
I 0 20 40 80
SHEET 2 OF 3 SHEETS
REVISED BY: DATE: EL CAMINO REAL WIDENING -SCA~; = 40'
1-D_RA_wN_B_Y_: _K_A_--+_DA_T_E: _o...:.4/_12..:.../2_02_4---i--__ A_R_EN_A_L_R_0_A_D_T0_L_A_C0_S_T_A_A_VE_N_U_E_-1 DOC. NO.
CHECKED BY: JR DATE: 04/12/2024 APN 216-121-19 BA TIQUITOS LAGOON FOUNDATION, DWG. NO.
APPROVED BY: DATE: A CALIFORNIA NONPROFIT CORPORATION
SCALE 1" = 40'
._, __ I_· __ ____,;
0 20 40 80
POR. LOT 3
SEC. 35
T. 12 S., R 4 W. S.B.M.
POR.
LOT 3.
POR.
LOT 11.
REVISED BY:
DRAWN BY: KA
CHECKED BY: JR
APPROVED BY:
APN 216-121-19
<1'
t.J
DATE:
\
I)
DATE: 04/12/2024
DATE: 04/12/2024
DATE:
I
'-'
I
I I
I
I
I
I
-----.,___ W'L Y LINE LAND DESCRIBED
IN DEED TO THE COUNTY OF
SAN DIEGO REC. 11/21/1969
AS INST. NO. 217326 O.R. I ;;:s I
_?!!~ i I
RI/ if ::!! ~ ~
Cl) ~ I
U / APN 216-121-19
I
'-' NON-PLOTTABLE EASEMENTS
l..iJ AN EASEMENT FOR INGRESS AND EGRESS
I
I
/ AND PUBLIC RECREATION PURPOSES AND
INCIDENTAL USES INCLUDING, BUT NOT
LIMITED TO, PARKING, FISHING, PICNICKING,
GENERAL VIE'MNG, PUBLIC PROTECTION,
POLICING AND EROSION CONTROL.
THE PUBLIC RIGHT, IF ANY, OF NAVIGATION
AND FISHERY.
RIGHTS OF THE PUBLIC TO ANY PORTION
OF THE LAND LYING 'MTHIN THE
BOUNDARIES OF RECORD OF SURVEY NO.
OLD SURVEY 33 AND 62.
WATER RIGHTS, CLAIMS OR TITLE TO
WATER, WHETHER OR NOT DISCLOSED BY
THE PUBLIC RECORDS.
ANY RIGHTS OF THE PARTY AND, WHICH
RIGHTS ARE NOT DISCLOSED BY THE
PUBLIC RECORDS.
SHEET 3 OF 3 SHEETS
EL CAMINO REAL WIDENING -SCALE
1" = 40' ARENAL ROAD TO LA COSTA AVENUE DOC. NO.
APN 216-121-19
BA TIQUITOS LAGOON FOUNDATION, DWG. NO.
A CALIFORNIA NONPROFIT CORPORATION
CERTIFICATION OF ACCEPTANCE AND CONSENT TO
RECORDATION OF GRANT OF TEMPORARY CONSTRUCTION
EASEMENT
This is to certify that the interest in real property conveyed by the Grant
Deed, dated February 26, 2026, from Batiquitos Lagoon Foundation, a non-
profit corporation, to the City of Carlsbad, a Municipal Corporation, for a
Grant of Temporary Construction of Easement, is hereby accepted by the
undersigned agent on behalf of the City Council of the City of Carlsbad
pursuant to authority conferred by Ordinance No. NS-422, adopted on
September 16, 1997, and the grantee consents to the recordation thereof by
its duly authorized officer.
DATED: March 3, 2026
Liana Somepalli, cPMC
Deputy City Clerk
(SEAL)