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Home My WebLink About3190; MAG Property; 2002-0550473; EasementRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare@): DOC # 2002-0550473 JUN 289 2002 4-09 PM StM DIEM cuR.ITy REMRDER'S OFFICE OFFICIAL REMRDS GREGW J. SnITH, Mxw REURDER ms: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel Nos: 223-060-31 B 223-060-32 Rancho Santa Fe Road, PR 01-0008 Documentary transfer tax is $o.oO@w Project No. B Name: 3190 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and ( ) Unincorporated area: (x) city of Carlsbad, and encumbrances remaining at time of sale. GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MAG PROPERTY, a California general partnership hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego. State of California: a temporary easement for construction purposes over, under, upon and across the 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 for the following purpose: temporary construction area for drainage structures, excavation and embankment slopes, temporary material storage, street detours and other uses related to construction of the attached hereto and made a part hereof. Exhibit 'B" consisting of three (3) pages is attached for realignment of Rancho Santa Fe Road as described in Exhibit 'A" consisting of two (2) pages, clarity only. The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement waives any claim for any and all damages to Grantor's remaining property contiguous to the or maintenance of street and utilities. The Grantor, for himself, his successors and assigns, hereby construction easement hereby conveyed by reason of the location, construction, landscaping or maintenance of street and utilities. This grant of easement is pursuant to the provisions of that certain 'Irrevocable Offer to Dedicate Real Property" (IOD), PR 2.3.78, for temporary construction easement purposes dated November 27, 1996 and recorded March 20, 1998 as File No. 1998-0152411 in the Office of the County Recorder of San Diego County. The IOD is incorporated by reference in the "1996 Rancho Santa Company". This agreement anticipates and allows for changes to the legal description and plats Fe Road Agreement Between City of Carlsbad and Real Estate Collateral Management for property described in the IOD, which changes are incorporated into this grant of easement. Grantor knowingly waives any right to receive just compensation for the property rights conveyed by this easement. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 ) MAG PROPERN, a California %v&~ A. 615u7. &h.ry f”bf;o (here insert name and WB of the ofic personally appeared w~.Mab~l.#;k I/& &kGu$ddh personally known to me (7 lOI&l, -the within instrument and acknowledged . ) to be the personm whose name@ to me that belsheltkeg executed the same inkislherltkeir authorized capacity(ks), and that bykidher&-& signature(* on the instrument the person@), or the entity upon behalf of which the person(e) acted, executed the instrument. I WITNESS my hand and official seal. Signature: Md&” Betty L. Mabee, TNStee of #e Mabee Family Trwt Dated October 4,2001 (Type or Print) l7 Tae: Partner (Type or Print) By: (Signature) Name: Theodore A. Aroney (Type or Print) Me: Partner (Type or Print) STATE OF CALIFORNIA 1 COUNTY OF SAN DIEGO ) On Mvjz~~ 35s/ before me, ) Eli- A. 61G.07, /hky &b/;Q 2 personally appeared W.lL.Mnba.?vh personally knoy to me ( )to =eon@ w to me that be/she/w executed the same inkis/her/tkeir -the within instrument and acknowledged authorized capacity(es), and that bykis/her/tkeir Signature(@ on the instrument the person@), or the enbly upon behalf of which the person(-$ acted, executed the instrument. n WITNESS my hand and official seal Signature: &GI&- MAG PROPERTY, a California Title: Partner Title: (Type or Print) Partner On St9nci. , before me, PersonaliY known to me - to me on the basis of satisfactory evidence to. be the person ma6 Name and Tllle Of Omcel(8.g.. 'Jam Ode, r Notary ;cK Pvblid') personally appeared @&nTp/ nhnu Armw / NameW OI signer($ whose flamers) islatesubscribed to the within instrument w and acknowledged to me that he/- executed the same in hislh8rltk authorized capacity(ks), and that by or the entity upon his/hbc&kur signature the person& executed the instrument, WITNESS my hand and official seal. EXHIBIT “A MAG PROPERTY TEMPORARY CONSTRUCTION EASEMENT PR 01-0008 THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DE- SCRIBED AS PARCEL ”A OF CERTIFICATE OF COMPLIANCE RECORDED DE- CEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL RECORDS AND LYING SOUTHWESTERLY OF A LINE BEARING NORTH 43’50’51” WEST HAV- ING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00 WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4, 1990, AND THAT PORTION OF LAND AS CORDED JAfdJ.302 2002 AS FILE NO.Z@Z-0079623 OF OFFICIAL RECORDS, SAID ABOVE LAND LYING WITHIN A 600.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RE- BEGINNING AT A 3.5” DIAMETER BRASS DISK IN A 2.5’ X 4’ BOULDER STAMPED “LOMAX” PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 9, 1993; THENCE NORTH 79’05’25 WEST 56,764.62 FEET TO A 2.5 DIAMETER ALUMINUM DISK SET INSIDE A 6 ALUMINUM ACCESS COVER STAMPED “HPGN CA 11 07” PER ROS 14310; THENCE SOUTH 34’35’23” EAST 21,332.54 FEET TO THE TRUE POINT OF BEGINNING, BEING A WELL MONUMENT AT THE CENTERLINE INTERSECTION OF LA COSTA AVENUE AND RANCHO SANTA FE ROAD MARKED 166+38.81 AS SHOWN ON IMPROVEMENT PLANS ON FILE AT THE CITY OF CARLSBAD AS DWG. NO. 262-1 AND SAID ROS 12915, SAID MONUMENT BEARS NORTH 38’47’37” EAST (NORTH 38’50’03’’ EAST, RECORD PER ROS 12915) FROM A WELL MONUMENT STAMPED 162+50.73 ALSO AS TINUING NORTH 38’47’37” EAST 146.07 FEET TO THE BEGINNING OF A TAN- GENT 1,800.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE GLE OF 43°48’07” A DISTANCE OF 1,376.08 FEET; THENCE TANGENT TO SAID CURVE NORTH 82’35’44” EAST 253.44 FEET TO THE INTERSECTION WITH THE LINE BEARING NORTH 43’50’51” WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00 WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON SAID ROS 12915 BEING THE TERMINUS OF THIS 600.00 FOOT WIDE STRIP. THE SIDELINES OF SAID 600.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHEASTERLY IN THE LINE BEARING NORTH 43’50’51” WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915 AND SOUTHWESTERLY IN THE SOUTHWESTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED AS PARCEL “A OF SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915. F:\WINDATAUOBS\11932-1\MAG S REVC. CONST ESMT.DOC 1 OF2 SHOWN ON SAID IMPROVEMENT PLANS AND SAID ROS 12915; THENCE CON- NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL AN- ~ ~~~ EXCEPTING THEREFROM THAT PORTION OF SAID 600.00 FOOT WIDE STRIP LY- ING WITHIN MAP 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 3, 1974. CONTAINING 17.275 ACRES MORE OR LESS THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPRO- PRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION “SM138” IS 0.999941843 (SEE ROS 13928 FOR LOCATION). /&-5eO/ GARY A. LINTVEDT. L.S. No. 4593 MY LICENSE EXPIRES: 9-30-02 ~~ ~~ F:\WINDATAWOBS\11932-1\MAG S REVC. CONST ESMT.DOC 2OF2 -* THE BEARINGS AND DISTANCES SHOWN HEREON 4RE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAIN GROUND IISTANCES, DIVIDE THE GRID DISTANCE BY THE 9PPROPRIATE COMBINATION FACTOR. THE :OMBINATION FACTOR AT STATION "SM138" S 0.999941843 (SEE ROS 13928 FOR LOCATION). €&€muww 1. 6O'EASEMENT AND RIGHT OF WAY GRANTED TO THE COUNTY OF SAN DIEGO RECORDED DEEDS. JANUARY 21,1930 IN BOOK 1737, PAGE 4 OF 4. 30'EASEMENT GRANTED TO OLIVENHAIN MUNICIPAL WATER DISTRICT RECORDED JULY 3.1972 AS FILE NO. 170416 OF O.R. a INDICATES TEMPORARY CONSTRUCTION EASEMENT INDICATES EXISTING EASEMENT (SEE EASEMENT NOTES FOR DESCRIPTION) 9 INDICATES PORTION OF LAND QUITCLAIMED PER DEED AS FI E NO.m!-@ahaO.R.. RECORDED IrL/Lc)_3p,zo0z A WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-1 (R) RADIAL TPOB TRUE POINT OF BEGINNING 0 FOUND MONUMENT, AS NOTED No. LS 4593 l32m2-01.dgn IATE: X)-O5-011W.O. 11932-1 IORFT: MC ICHK'D BY: MS I 5. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED MAY 15, 1974 AS FILE NO. 74-126972 OF O.R. 6. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED JANUARY 13, 1977 AS FILE NO. 77-014212 OF O.R. 7. AN EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JULY 14,1977 AS FILE NO. 77-281161 OF O.R. 9. 1O'PUBLlC UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950. 10. A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JM*UOOZ AS O.R. SHEFT LAYOUT NO SCAE RANCHO SANTA FE ROAD PLAT FOR TEMPORARY CONSTRUCTION EASEMENT DATE LS 4593 EXPIRES 9-30-02 B AAG PROPERTY 332m2-02.dgn RANCHO SANTA FE ROAD CONSTRUCTION EASEMENT 3190 PLAT FOR TEMPORARY EXHIBIT PROJECT NO. B MAG PROPERTY 9T.2w3 PR 01-0008 Well Mon. Sta. 162i50.73 I' I. TIE DETAIL NO SCALE 223-060-32 l32m2-03.dgn ?ANCHO SANTA FE ROAD 'LAT FOR TEMPORARY EONSTRUCTION EASEMENT #A(: PROPFRTY CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT (PRO1-OOO8) dated May 28.2002, from the MAG PROPERTY to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. Janice BAenfeld, Deputy Citglerk