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HomeMy WebLinkAbout3920; |Barber|Mabel L|; 2007-0681760; EasementRECORDING REQUESTED BY AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT 9187 DOC# 2007-0681760 OCT25, 2007 4:16 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RV J. S MIT H, CO U N TV R E CO R D E R FEES. 0.00 OC: NA PAGES: 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 Space above this line for Recorder's Use Assessor's Parcel No. 209-060-57 Project No. & Name 3920 Widening of El Camino Real North of Cougar Drive GRANT DEED OF EASEMENT FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Mabel L. Barber, Trustee under Trust Agreement dated October 19, 1989 or the Successor Trustee thereof as to an undivided 7z interest and Ross G. Barber, Trustee and Linda A. Barber, Trustee of the Barber Declaration of Trust dated January 17, 1986, as to an undivided 1/2 interest. 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 SLOPE AND DRAINAGE PURPOSE constructed in conjunction with public street and public utility 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 in Exhibit "A" consisting of two (2) pages, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) Reserving unto the owners of the above-described parcel of land, their successors or assigns, the maintenance of the slope, it's landscaping, and drainage patterns. Reserving unto the owners of the above-described parcel of land, their successors or assigns, the rights at any time to remove such slopes or portions thereof upon removing the necessity for maintaining such slopes or portions thereof or upon providing in place thereof other adequate lateral support, the design and construction of which shall be first approved by the City of Carlsbad, for the protection and support of said roadway. H:/Development Services/Masters/Deeds-rant Deeds-Easements/Grant Deed of Easement Slope-Construction Rev. 7/30/98 DATED:U STATE OF CALIFORNIA COUNTY OF SAN DIEGO On 1'before A /tlMho (here insert name and title of officer), personally appeared PTVXbfcJ L . oQ£b£T , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person^ whose namej$^anrsubscribed to ttiewithin instrument and acknowledged to me that -Wshe)theyexecuted the same jfl4M^fTe^etrauthofiz8flcapacity(iea), and that by iTtsQTej^nelfsignaturete) on the instrument the or the entity upon behalf of which the person) acted, executed the instrument. Witness d and official seal. Signature^O> 0 00 \ 9188 Mabel L. Barber (Name) By: (Signature) (Type or Print) Title: Trustee By: Name: Title: (Type or Print) (Signature) (Type or Print) (Type or Print) OFFICIAL SEAL LORELEI A. MITCHELL^ iNOTARY PUBLlC-CALIFORNlAg1 COMM. NO. 1471040 - SAN DIEGO COUNTY | MY COMM. EXP. MAR 15,20081 Hi/Development Services/Masters/Deeds-rant Deeds-Easements/Grant Dead of Easement Slope-Construction Rev. 7/30/98 9189 DATED:Linda A. Barber STATE OF CALIFORNIA COUNTY OF SAN DIEGO On \tSUX>^- before me, (here insert name and title of Officer) personally appeared U-AQJA fl to-CJQfcr portonolly known to me (or proved to me on the basis of satisfactory evidence) to be the person^whose nameCs4Q§Jarersubscribed to the within instrument and acknowledgedto me that he(sh^!febey-executed the samejAJs«(fieMhetf«uthorizeTcapacity(ies)7 and that by ht^mej$lwlFsignature(sf on the instrument the or the entity upon behalf of which the person^) acted, executed the instrument. Witness my /land and official seal. By: Name: Title: Trustee By: Name: Title: (Name) (Signature) (Type or Print) (Type or Print) (Signature) (Type or Print) (Type or Print) OFFICIAL SEAL ILORELEI A. MITCHELLJ NOTARY PUBLIC-CALIFORNIAl COMM. NO. 1471040 £ SAN DIEGO COUNTY • MY COMM. EXP. MAR 15, 2008 I es-y»^Jl_———__1 H.VDevelopment Services/Masters/Deeds-rant Deeds-Easements/Grant Deed of Easement Slope-Construction Rev. 7/30/98 9190 DATED:I STATE OF CALIFORNIA COUNTY OF SAN DIEGO (here insert name and title of officer), personally appeared {<£>£>£? fa JDQirJD^r pcroonollyknown to me (or proved to me on the basis of satisfactory evidence) to be the person^ whose i subscribedto the within instrument and jed to me thajjefche/they executed the ir authorized capacityftesfrand that _ Sir signature^*) on the instrument the personj#, or the entity upon behalf of which the person(sQ acted, executed the instrument. Witness my h^ftd and official seal. Signature Ross G. Barber By: V / Name: Title: Trustee By: Name: Title: (Name) (Signature) (Type or Print) (Type or Print) (Signature) (Type or Print) (Type or Print) OFFICIAL SEAL LORELEI A. MITCHELL NOTARY PUBLIC-CALIFORNIA" COMM. NO. 1471040 " SAN DIEGO COUNTY MY COMM. EXP. MAR 15, 2008j Hi/Development ServicesMasters/Deeds-rant Deeds-Easements/Grant Deed of Easement Slope-Construction Rev. 7/30/98 9191 EXHIBIT "A" Legal Description SLOPE & DRAINAGE EASEMENT A PORTION OF LOT "B" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE EASTERLY LINE OF LOT 70 OF CARLSBAD TRACT NO. 96-02, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14060 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 27, 2000 AS FILE NO. 2000-0582955, WITH THE NORTHEASTERLY LINE OF EL CAMINO REAL AS DEDICATED ON SAID MAP NO. 14060, BEING A POINT ON THE WESTERLY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN DEED TO THE BARBER TRUST DATED 01-17-1986, RECORDED JUNE 29, 1992 AS DOCUMENT NO. 1992-0404511 OF OFFICIAL RECORDS; THENCE ALONG SAID EASTERLY LINE OF LOT 70, NORTH 20°55'54" EAST (NORTH 20°49'45" EAST, RECORD PER SAID MAP 14060), A DISTANCE OF 24.07 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 60°21'02" EAST, A DISTANCE OF 71.33 FEET; THENCE SOUTH 48°08'15" EAST, A DISTANCE OF 31.57 FEET TO A POINT ON THE EASTERLY LINE OF SAID BARBER TRUST PROPERTY; THENCE ALONG SAID EASTERLY LINE, SOUTH 20°55'54" WEST, A DISTANCE OF 1.28 FEET TO THE NORTHERLY LINE OF COUNTY ROAD A-13 (60 FOOT RIGHT-OF-WAY) AS SHOWN AND DESCRIBED ON RECORD OF SURVEY MAP NO. 517, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, OCTOBER 23, 1935; THENCE LEAVING SAID EASTERLY LINE OF SAID BARBER TRUST PROPERTY ALONG SAID NORTHERLY LINE OF COUNTY ROAD A-13 (60 FOOT. RIGHT-OF-WAY), NORTH 79°49'11" WEST, A DISTANCE OF 62.74 FEET TO A POINT ON A 1863.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 37°32'37" EAST; Page 1 of 2 H:\C17\150\Docs\Right of Way\RW-Legal-Barber slope.doc 9192 THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.90 FEET THROUGH A CENTRAL ANGLE OF 01°13'38" TO THE POINT OF BEGINNING. CONTAINING 2,066.11 SQ. FEET (0.047 ACRES) MORE OR LESS. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM NAD83, ZONE 6, GRID BEARING BASED ON A LINE BETWEEN CITY OF CARLSBAD RECORD HORIZONTAL CONTROL POINT NO. CLSB- 103 AND CITY OF CARLSBAD RECORD HORIZONTAL CONTROL POINT NO. CLSB- 108, BOTH PER RECORD OF SURVEY MAP NO. 17271, "I.E. SOUTH 50°29'53" EAST. THE DISTANCES STATED HEREIN ARE GROUND DISTANCES. THE COMBINED GRID FACTOR USED TO OBTAIN THESE DISTANCES IS 0.999961680 AND WAS ESTABLISHED FROM COUNTY OF SAN DIEGO HORIZONTAL CONTROL POINT "NO. CLSB-103". MULTIPLY GROUND DISTANCES BY 0.999961680 TO OBTAIN GRID DISTANCES. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE: STEVEN M. HOWELL, PLS 5758 LICENSE EXPIRES 6/30/08 DATE: January 5, 2007 Page 2 of 2 H:\C17\150\Docs\Right of Way\RW-Legal-Barber slope.doc LEGAL DESCRIPTION PORTION OF LOT "B" OF RANCHO AUGA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896. ASSESSOR'S PARCEL NO. 209-060-57 SITE ADDRESS 5592 EL CAMINO REAL CARLSBAD, CA 92008 OWNER BARBER TRUST 10-19-89 MABEL L BARBER, TRUSTEE 2416 SONORA CT. CARLSBAD, CA 92008 BARBER TRUST 01-17-86 ROSS G. & LINDA A. BARBER, TRUSTEES 5592 EL CAMINO REAL CARLSBAD, CA 92008 EXHIBIT "B"9193 CITY OF OCEANSIDE CITY OF ENCINITAS VICINITY MAP BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CCS 83, ZONE 6, GRID BEARING BETWEEN STATION "CLSB-103" AND STATION "CLSB-108" PER RECORD OF SURVEY MAP N0.17271 I.E. SOUTH 50'29'53" EAST, SEE SHEET 2 THE COMBINED SCALE FACTOR AT STATION "CLSB-103" IS 0.999961680 - DISTANCES SHOWN HEREIN ARE GROUND DISTANCES GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR THE CONVERGENCE ANGLE AT STATION "CLSB-103" IS -00'34'12.28" SHEET 1 OF 2 [SLOPE & DRAINAGE EASEMENT - CiTY OF CARLSBAD | PR 06-0098 APPLICANT: CITY OF CARLSBAD ENGINEERING DEPT. 1635 FARADAY AVE. CARLSBAD, CA 92008 760-602-2720 PREPARED BY: BOVL.E7807 CONVOY CT., SUITE 200SAN DIEGO, CA 92111 (858) 268-8080 December 12, 2006 PROJECT: NO. 3920 WIDENING OF EL CAMINO REAL NORTH OF COUGAR DRIVE H:\z_LDT\C17-150\dwg\Barber-slope_esmt_PLAT1.dwg 15999.00 0007 9194 EXISTING ACCESS RIGHTS OVER SUBJECT PROPERTY PER DOC. REC. 07/29/1936 IN BK. 541. PG 244 O.R. HAS NO SPECIFIC LOCATION. \ CARLSBAD NO, 08-02 MAP 100EXHIBIT EXISTING SDG&E EASEMENT PER DOC. REC. 10/17/1960 AS FILE NO. 206395 O.R. FD 2 I.P. W/ DISK LS 6215 "CLSB 103"FD 2.5 BRASS DISK LS 6215 OS 4223 PORTION LOT 'B', R.O.S. 517 (S79'55'06"E' 0.63' PER' MAP- . . 14060') '60' WIDE COUNTY ROAD (A-13) AS SHOWN ON R.O.S. MAP 517 60' WIDE R/W TO COUNTY OF SAN DIEGO (RS 682) REC. 1-5-1938 IN BOOK 743, PAGE 64 O.R. (R) -RADIAL BEARING • -FD MONUMENT AS NOTED -RECORD DATA AS NOTED -POINT OF BEGINNING SCALE: 1"=50' -SLOPE & DRAINAGE EASEMENT AREA: 2,066.11 SQ. FT. (0.050 AC)SHEET 2 OF 2 [SLOPE & DRAINAGE EASEMENT - CITY OF CARLSBAD | PR 06-0098 APPLICANT: CITY OF CARLSBAD ENGINEERING DEPT. 1635 FARADAY AVE. CARLSBAD, CA 92008 760-602-2720 PREPARED BY: BOVLE 7807 CONVOY CT., SUITE 200 SAN DIEGO, CA 92111 (858) 268-8080 December 12 2006 PROJECT: NO. 3920 WIDENING OF EL CAMINO REAL NORTH OF COUGAR DRIVE H: \z_LDT\C17-150\dwg\Borber-slope_esmt_PLAT2.dwg 15999.00 0007 9195 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated October 1. 2007. from Mabel L. Barber. Trustee. Ross G. Barber. Trustee, and Linda A. Barber. Trustee, 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: October 24. 2007 (SEAL) sistant City Clerk - *. 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