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HomeMy WebLinkAbout3811; CB Ranch Enterprises; 2010-0192846; EasementDOC# 2010-0192846 RECORDING 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 APR 19, 2010 3:11 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 0.00 OC: NA PAGES:8 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.: 211-022-21 Project ID: CIP3811 Related Project ID Project Name: Palomar Airport Road j Widening GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CB RANCH ENTERPRISES, A CALIFORNIA 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 the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for DRAINAGE AND STRUCTURAL FOUNDATION PURPOSES over, under, upon and across said real property as described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. OWNER: CB RANCH ENTERPRISES, a CaTyj^orfiia coloration By: Christoher C. Calkins (Print Name Here) President Htle) By: (Sign Here) DATED January 28, 2010 (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUCE 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 EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.Lizbeth A. Ecke(Print Name Here) Secretary(Title) H:\Capital Improvement PrograrrA3811 Palomar Airport Rd widening at PDN\Administrative Documents\Easements\3811_GRANT DEED OF EASEMENT CITY (1-24-08J.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^rx On . WvjAfvt 1% IQVQ before me, Date ' personally appeared _C. une. rt Nam VlC- C. C^VWwvs Here Insert Name and Title of the Officer U2.VyL.VK Av Name(s) of Signer(s) 1 MJJ '«• aAAJiA*11 *MONICA R. BROWNING CommlMton* 1753681 Notary Public - California San Dl*go County My Comm. Expires JU16,2011 who proved to me on the basis of satisfactory evidence to be the person^) whose name© te/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in-his/her/their authorized capacity(jes), and that by-his/hoi^their signature® on the instrument the personji), 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 Public 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. Descripti6fu>f Attached Document Title or Type of Document: Document Date: ^Number of Pages: Signer(s) Other Than Named Above: 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Name: D Individu D Corporate Oftteer —Title(s): D Partner — D Limite^SQ General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 H:\Capital Improvement Program\3811 Palomar Airport Rd widening at PDN\Administrative Documents\Easements\3811_GRANT DEED OF EASEMENT CITY (1-24-08).doc EXHIBIT "A" LEGAL DESCRIPTION APN: 211-022-21 VESTING: CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION PARCEL 1 THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357 RECORDED SEPTEMBER 11, 1996, AS FILE NO. 1996-0463214 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF PARCEL 3 DESCRIBED IN GRANT DEED OF EASEMENT TO THE CITY OF CARLSBAD, RECORDED MARCH 25, 2009 AS DOCUMENT NO. 2009-0149915 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 3 SOUTH 87°17'00" EAST 12.16 FEET; THENCE LEAVING SAID NORTHERLY LINE NORTH 02°43'00" EAST 6.17 FEET; THENCE NORTH 87°17'00" WEST 15.06 FEET; THENCE SOUTH 02°43'00" WEST 8.04 FEET TO THE NORTHERLY LINE OF A STREET AND PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD, RECORDED SEPTEMBER 21, 1999, AS DOC. NO. 1999-0645232 OF OFFICIAL RECORDS OF SAID COUNTY, AND A POINT ON A NON-TANGENT 290.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, A RADIAL FROM SAID POINT BEARS NORTH 09°12'02" EAST; THENCE EASTERLY ALONG SATO NORTHERLY LINE AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 0°34'32" A DISTANCE OF 2.91 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE LEAVING SAID NORTHERLY LINE, ALONG SAID WESTERLY LINE, NORTH 02°43'00" EAST 2.19 FEET TO THE POINT OF BEGINNING. CONTAINING 99 SQUARE FEET MORE OR LESS. (1) PARCEL 2 THAT PORTION OF LOT 1 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357 RECORDED SEPTEMBER 11, 1996, AS FILE NO. 1996-0463214 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE EAST CORNER OF PARCEL 4 DESCRIBED IN GRANT DEED OF EASEMENT TO THE CITY OF CARLSBAD, RECORDED MARCH 25, 2009 AS DOCUMENT NO. 2009-0149915 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 4 NORTH 40°27'15"WEST 7.82 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 49°19'55" EAST 4.49 FEET; THENCE SOUTH 40°26'56" EAST 11.28 FEET; THENCE SOUTH 50°18'39" WEST 17.17 FEET THE SOUTHWESTERLY BOUNDARY OF SAID LOT 1, AND A POINT ON A NON-TANGENT 643.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL FROM SAID POINT BEARS SOUTH 50°18'39" WEST; THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY BOUNDARY, AND SAID CURVE, THROUGH A CENTRAL ANGLE OF 0°17'44" A DISTANCE OF 3.32 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL 4; THENCE LEAVING SAID SOUTHWESTERLY BOUNDARY, ALONG SAID SOUTHEASTERLY LINE NORTH 50°00'55" EAST 12.65 FEET TO THE POINT OF BEGINNING; CONTAINING 93 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. MICHAEL SCHLUMPBERGER, PLS 7790 DATE (2) •NOTE: DATA SHOWN HEREON IS BASED ON RECORD INFORMATION.EXHIBIT "B"500' GRAPHIC SCALE 1 INCH = 500 FT. 500' APN: 211-022-21 o3J nl ' X V \ \y \PARCEL 2. **Y\ SEE SHEET * PALOMAR AIRPORT ROAD*""/ PARCEL 1. SEE SHEET 2 THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH TH£J>ROFESSIONAL LAND SURVEYOR'S ACT.IONAL LMjD SURVEY( ^^MICHAEL L. SCHLUMPBERGER. PLS 7790 Right-Of-Way Engineering Services, Inc. 615 South Tremont Street • Oceanside, CA 92054 (760) 637-2700 FAX (760) 637-2701 FILE NAME: Palomar Arprt Rd Pltr Esmts-Based on As-Built Srvy.dwg JOB NO. 0812-0110-07 CITY OF CARLSBAD VESTING: CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION DATE: JANUARY 21. 2010 | SHEET 1 OF 3 EXHIBIT "B GRAPHIC SCALE 1 INCH = 5 FT. ,N8T17100"W 15.06 PARCEL 1 99 SQ. FT MORE OR LESS NORTHERLY LINE OF STREET AND PUBLIC UTILITY EASEMENT GRANTED TO THE CITY OF CARLSBAD, REC. 9-21-1999, AS DOC. NO. 1999-0645232. A=0*34'32" R=290.00' L=2.91'N.W. COR. PARCEL 3 OF EXIST. EASEMENT TO THE CITY OF CARLSBAD, REC. 3/25/2009 AS DOC. NO. 2009-0149915 O.R. PALOMAR A/RPORT ROAD EXISTING EASEMENTS EXIST. OPEN SPACE EASEMENT OVER ALL OF LOT 1 PER MAP 13357. EXIST. OPEN SPACE EASEMENT TO THE CITY OF CARLSBAD REC. 7-5-1989 AS F/P 89-354161 O.R. EXIST. SLOPE & CONSTRUCTION EASEMENT TO THE CITY OF CARLSBAD REC. 6-14-1995 AS DOC. NO. 1995-0249015 O.R. PARCEL 3 OF EXIST. EASEMENT TO THE CITY OF CARLSBAD. REC. 3/25/2009 AS DOC. NO. 2009-0149915 O.R. CITY OF CARLSBAD VESTING: CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION DATE: JANUARY 21, 2010 | SHEET 2 OF 3 EXHIBIT "B" GRAPHIC SCALE 1 INCH = 5 FT. P.O.B. PARCEL 2, EAST COR. PARCEL 4 OF EXIST. EASEMENT TO THE CITY OF CARLSBAD, REC. 3/25/2009 AS DOC. NO. 2009-0149915 O.R. A=0'17'44" R=643.00' L=3.32' EXIST. UTILITY EASEMENT TO THE CITY OF CARLSBAD REC. 11-30-1972 AS F/P 320457 & F/P 320458 O.R. \ \ \ \ \ \ \ \ \ \ \ \ EXISTING EASEMENTS EXIST. OPEN SPACE EASEMENT OVER ALL OF LOT 1 PER MAP 13357. PARCEL 4 OF EXIST. EASEMENT TO THE CITY OF CARLSBAD, REC. 3/25/2009 AS DOC. NO. 2009-0149915 O.R. CITY OF CARLSBAD VESTING: CB RANCH ENTERPRISES, A CALIFORNIA CORPORATION DATE: JANUARY 21. 2010 | SHEET 3 OF 5 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated January 28, 2010, from CB Ranch Enterprises, 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. DATED: March 19.2010 SHERRYTREISING (SEAL) , Deputy Clerk *•••,.,*>>