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Home My WebLink About3190; MAG Property; 2002-0550474; EasementDOC # 2002-0550474 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SUN 28s 2002 4-04 PM FEES: 0.00 oc: N11 I I SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare@): Assessor's Parcel Nos: 223-060-31 8 223-060-32 Documentary transfer tax is $0.00 Project No. 8 Name: 3190 ( ) computed on full value of prope conveyed, or ( ) computed on full value less value of liens and Rancho Santa Fe Road, PR 01-0007 ( ) 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: an easement for public street and public utility purposes over, under, upon and across the real property as described in Exhibit 'A" consisting of three (3) pages, attached hereto and made a part hereof. Exhibit 'B" consisting of three (3) pages is attached for clarity only. The Grantor hereby further grants to the City of Carlsbad the right to extend and access drainage structures, excavation and embankment slopes beyond the limits of the herein described right-of-way where drainage structures shall extend a minimum of ten feet (IO') on either side of pipe outside required for the construction and maintenance of said street and utilities. Access rights for diameters or outerwalls of box culverts and edges of rip rap fields and ten feet (IO') 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 andlor 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 andlor drainage facility, providing such substitution is first approved in writing by said Engineer. The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereinafter 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 or maintenance of said street and utilities. 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 grant of easement is pursuant to the provisions of that certain 'Irrevocable Offer to Dedicate Real Property" (IOD), PR 3.4.173, for public roadway purposes dated November 27, 1996 and recorded March 20, 1998 as File No. 1998-0152410 in the Office of the County Recorder of San Diego County. The IOD is incorporated by reference in the "1996 Rancho Santa Fe Road Agreement Between City of Carlsbad and Real Estate Collateral Management Company". This NodUdarterr\FormE\GRnt Lhad ot Esvment - CRY Bllxyl agreement anticipates and allows for changes to the legal description and plats 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. DATED ?bs/d MAG general PROPERTY, partnership a California STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO 1 ) On before me, (Type or Print) Partner (Type or Print) rsonally appeared ersonally known to ' ) to be the person@) whose name0 to me thatklshekey executed the same in Meritheir -the min msbument and acknowledged By: authorized capacity(ies), and that by kidherheir signature@) on the instrument the person(+, or the entity upon behatf of which the person@) acted, executed the instrument, Name: Theodore A. Aroney (Signature) (Type or Print) I WITNESS my hand and ofkial seal Signature: Tie: Partner (Type or Print) agreement anticipates and allows for changes to the legal description and plats 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. MAG PROPERTY, a California STATE OF CALIFORNIA ) ) COUNTY OF SAN DIEGO ) On before me, Famihl Trust Dated October 4.2001 (Type or Print) to me that.be/she/#tey executed the same in k!herltfhir authorized capacity(les), and that by kis/hermir SignabreH on the instrument the person(%), or the enWy upon behalf Name: Theodore A. ArOneY of which the person@) acted, executed the in*ment. (Type or Print) , .. , WITNESS my hand and official Seal Title: Partner (Type or Print) Signature: - I /I &G. @”- Cornmission# 1249654 ELIZABETHA OLSEN State of County of Bi-P,fA(I On 3. ’4JG before me, “df2 s. I? fl‘/F,k* , Date Name and Xtle d Omcer le.& ‘Jam Doe. Nlfaly PuQlid) personally appeared onw Namsjs) of~lgnerlrl 0 personally known to me - OR to me on the basis of satisfactory evidence to. be the person(h whose nam&is/&subscribed to the within instrument same in his/h&be+r authorized capacityw and that by and acknowledged to me that he/- executed the hisl4eMBt signature& on the instrument the person@. executed the instrument. or the entity upon behalf of which the person(?i! acted, WITNESS my hand and official seal. EXHIBIT “A MAG PROPERTY RIGHT-OF-WAY EASEMENT PR 01 -0007 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 DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RE- CORDED JAU. 30. 2002 AS FILE NO. 2002-0079623 OF OFFICIAL RE- CORDS, MORE PARTICULARLY DESCRIBED AS PARCELS A, A-I, B AND c AS FOLLOWS: PARCEL A THAT PORTION OF SAID LAND LYING WITHIN A 126.00 WIDE FOOT STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: 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°0525” WEST 56,764.62 FEET TO A 2.5” NUM ACCESS COVER PER ROS 14310; THENCE SOUTH 34’3523” 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 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 SHOWN ON SAID IMPROVEMENT PLANS AND SAID ROS 12915; THENCE NORTH 38’47’37’’ EAST 67.04 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”; THENCE CONTINUING NORTH 38’47’37” EAST 14.49 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “B”; THENCE CONTINUING NORTH 38’47’37” EAST 64.54 FEET TO THE BEGINNING OF A TANGENT 1,800.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38’22’41” A DISTANCE OF 1,205.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “C”; THENCE CONTINUING NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 5’25’26” A DISTANCE OF 170.40 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. DIAMETER ALUMINUM DISK STAMPED “HPGN CA 11 07” SET INSIDE A 6” ALUMI- FILE AT THE CITY OF CARLSBAD AS DWG. NO. 262-1 AND SAID ROS 12915, SAID F:\WINDATALJOBS\11932-1\MAG S REVD. RW ESMT.OOC 1 OF3 THE SOUTHERLY TERMINUS OF THE WESTERLY SIDELINE OF SAID 126.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHWESTERLY IN THE NORTHWESTERLY LINE OF PARCEL “A OF SAID ERLY TERMINUS OF THE EASTERLY SIDELINE OF SAID 126.00 FOOT WIDE WESTERLY IN THE SOUTHWESTERLY BOUNDARY OF PARCEL “A OF SAID ERLY SIDELINES OF SAID 126.00 FOOT WIDE STRIP TO TERMINATE NORTHEASTERLY IN THE LINE BEARING NORTH 43’50’51” WEST HAVING A DIS- TANCE OF 1685.03 FEET (NORTH 43’50’00” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915. CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915, THE SOUTH- STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTH- CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915. THE NORTH- EXCEPTING THEREFROM THAT PORTION OF SAID 126.00 FOOT WIDE STRIP LY- ING WITHIN MAP 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 3, 1974. TOGETHER WITH THAT PORTION OF SAID LAND AS DESCRIBED AS FOLLOWS: PARCEL A-I BEGINNING AT POINT “A” AS DESCRIBED ABOVE; THENCE SOUTH 51’12’23” SCRIBED 126.00 FOOT WIDE STRIP, SAID POINT BEING THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID CURVE BEARS NORTH 51’12’23” WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90’00’00” A DISTANCE OF 39.27 FEET; THENCE TANGENT TO SAID CURVE SOUTH 51’12’23” EAST 1.71 FEET; THENCE AT RIGHT ANGLES SOUTH 38’47’37” WEST 42.07 FEET TO A POINT ON THE CEL “A OF SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915; THENCE ALONG SAID SOUTHWESTERLY BOUNDARY NORTH 51’11’08”WEST (NORTH 51’09’57’’ WEST RECORD PER ROS 12915) 26.71 FEET TO THE SOUTHEASTERLY LINE OF THE ABOVE DESCRIBED 126.00 FOOT WIDE STRIP; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE NORTH 38’47’37’’ EAST 67.06 FEET TO THE TRUE POINT OF BEGINNING. EAST 63.00 FEET TO A POINT IN THE EASTERLY LINE OF THE ABOVE DE- SOUTHWESTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED AS PAR- CONTAINING 4.826 ACRES MORE OR LESS IN PARCELS A AND A-I PARCEL B THAT PORTION OF SAID LAND LYING WITHIN PARCEL “A OF SAID CERTIFICATE OF COMPLIANCE AND WITHIN A 20.00 WIDE FOOT STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT “B” AS DESCRIBED IN PARCEL A ABOVE THENCE SOUTH 51’12’24” EAST 63.00 FEET TO THE EASTERLY LINE OF THE 126.00 FOOT WIDE PARCEL A AND THE TRUE POINT OF BEGINNING, THENCE CONTINUING SOUTH 51’12’24’’ EAST 260.35 FEET TO THE TERMINUS OF THIS PARCEL. F:\WINDATAWOBS\11932-1\MAG S REVD. RW ESMT.DOC 2 OF3 THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP TO BE PROLONGED OR ERLY BOUNDARY OF THE ABOVE DESCRIBED 126.00 FOOT WIDE PARCEL A. CONTAINING 0.120 ACRES MORE OR LESS SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHEAST- PARCEL C THAT PORTION OF SAID LAND LYING WITHIN PARCEL "A OF SAID CERTIFICATE SCRIBED AS FOLLOWS: BEGINNING AT POINT "C" AS DESCRIBED IN PARCEL A ABOVE THENCE SOUTH 12'49'43" EAST 63.00 FEET TO A POINT IN THE SOUTHERLY LINE OF THE 126.00 FOOT WIDE PARCEL A AND THE TRUE POINT OF BEGINNING OF A 20.00 FOOT WIDE STRIP OF LAND, THE CENTERLINE OF WHICH IS AS FOLLOWS: THENCE CONTINUING SOUTH 12'49'43" EAST 31.00 FEET; THENCE SOUTH 34'18'25'' EAST 201.44 FEET TO THE POINT OF TERMINUS OF SAID 20.00 FOOT WIDE STRIP, SAID POINT BEING ALSO THE BEGINNING OF A 220.00 FOOT WIDE STRIP OF LAND, THE SIDELINES OF SAID 220.00 FOOT WIDE STRIP SHALL BE 100.00 TIVELY, FROM THE FOLLOWING DESCRIBED LINE: THENCE CONTINUING SOUTH 34'18'25" EAST 176.00 FEET TO THE TERMINUS OF THIS PARCEL. THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP TO BE PROLONGED OR ARY OF THE ABOVE DESCRIBED 126.00 FOOT PARCEL A. CONTAINING 0.996 ACRES MORE OR LESS OF COMPLIANCE AND WITHIN A STRIP OF LAND MORE PARTICULARLY DE- FEET RIGHT AND 120.00 FEET LEFT, MEASURED AT RIGHT ANGLES, RESPEC- SHORTENED SO AS TO TERMINATE NORTHERLY IN THE SOUTHERLY BOUND- 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). MY LICENSE EXPIRES: 9-30-02 F:\WINDATAWOBS\11932-1\MAG S REVD. RW ESMT.DOC 3OF3 &Gam a INDICATES PARCEL A ROAD EASEMENT 3 INDICATES PARCEL A-1 ROAD EASEMENT INDICATES PARCEL B ROAD EASEMENT a INDICATES PARCEL C ROAD EASEMENT 3 INDICATES EXISTING EASEMENT (SEE EASEMENT NOTES FOR DESCRIPTION) @ INDICATES PORTION OF LAND QUITCLAIMED PER AS FILE NO.WPOZ9UO.R., RECORDED $pEJ"L?lQ+w2 A WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-1 (R) RADIAL TPOB TRUE POINT OF BEGINNING 0 FOUND MONUMENT, AS NOTED 932m4-01.dgn )ATE, m-os-o1Iw.o. 11932-1 I DRFT: MC I CHK'D BY: YS I 5. 6. 7. 9. DEED AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED MAY 15, 1974 AS FILE NO. 74-126972 OF O.R. FLOOD CONTROL DISTRICT ZONE 1 RECORDED AN EASEMENT GRANTED TO SAN DIEGO COUNTY JANUARY 13, 1977 AS FILE NO. 77-014212 OF O.R. AN EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JULY 14.1977 AS FILE NO. 77-28116i OF O.R. 1O'PUBLlC UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950. 10. A ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED s!&-L%$"%$-QZ \ \ SHEET LAY OUT NO SCAE 1 RANCHO SANTA FE ROAD MAG PROPERTY RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT hAG PROPERTY Ea PARCEL A TIE DETAll :Mz f7 rPAF!CEL B SEE DETAIL "A" RANCHO SANTA FE ROAD I PLAT FOR ROAD EASEMENTI dAG PROPERTY I I NO SCALE , , , , , I PROJECT NO. I 3190 I I PR 01-0007 EXHIBIT B sHT.3oF3 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT (PRO1-0007) dated Mav 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.