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HomeMy WebLinkAbout3957; |Bernard, Floyd and Lynn|Chestnut Carlsbad LLC|Fornal, Curtis and Kathleen|; 2013-0451274; 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 llllllllllll 2013- II 0451 274 lllllllllll JUL19,2013 10:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: SPACi- Tlie undersigned grantor(s) declare(s): ^ Documentary transfer tax Is $000 ( ) 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.: 167-080-42-00 Project ID: Related Project ID: Related Project ID: Project Name: Widening PR 12-44 (PR120044) CIP 3957 El Camino Real Road GRANT DEED OF EASEIVIENT FOR A VALUABLE CONSIDERATION, receipt of whicii is iiereby acl<nowledged. Chestnut Carlsbad LLC. J. Curtis & Kathleen Fornal an undivided 1/2 interest and Floyd Jr. & Lynn Bernard an undivided 1/2 Interest. inereby GRANTS to City of Carlsbad, a Municipal Corporation the foiiowing described real property in the City of Carisbad. County of San Diego. State of California: Slope and construction easement shall automatically expire once the City of Carlsbad accepts the Improvements for El Camino Real Road Widening. DATED By: ^^ti /Vf >n rt^^^ ^ (Sign Here)^ f (Print Name Here) r {NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY 0WNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND ¥HE SECRETARY OR ASSISTANT SECRETARY MUST SIGN JSR CSSPOSJTE EXECUTIONS OF THIS DOCUMEN^^^ ^?ERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE / /5 CORPORATION UNDER CORPORATE SEAL t^i. ^ n/^f=^ /(^i /:^safr<Mfr^ j^^fH SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN fl ' Vrittel) TT BEHALF OF THE CORPORATK By: (Print Name Here) BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT. P^OR TO THE EXECU^^^^^ OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. . . ^"""'^'f Lr.m Proiects\3957 - ECR Widening Ta-r^rack to ChestnutVProperty Aquisi«on\Half Vested\G,^nl Deed of Easement City 0 \EnaineeringShared\Cap tal Improvement Program Projeasuao/ DcvT/tiMn S ConsSon, revis^ 4-15-10 (Half Vestedl) LOT 25.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^ } On/?7^r, H^jOi-> beforeme. S/^e/h 1^^ J^Z:C.U'!^L^^ ^^^'^ personally appeared ^^>-m^,, ^r^^^^ "E^rnorcL SHELLY RRAiy^iNG Commissjon No. 1878924 n NOTARY PUBLIC-CALIFORNIA » SAN DIEGO COUNTY "< My Comm. Expires February 2,2014 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) <i9/are subscribed to the within instrument and acknowledged to me that lae/she/they executed the same in-hia/hei^heir 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 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 M)ove Signature OPTIONAL- ' ^{^ture of Nc^ry Public «' Though the infomiation beiow is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reanachment of this form to another document Description of Attached Document TWe or Type of Document: . Document Date: — Number of Pages: Signer(s) Other Than Named Above: Capacity(le8) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer—Title(s): • Partner — • Limited • Genera! • Attomey in Fact • Trustee • Guardian or Conservator • aher:__ , Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name:_ • Individual • Corporate Officer —Title(s): _ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of friumb here Signer Is Representing:. ©2007 totioftathtotery Assodatton. 9350 DeSoto Ave., RO.^ 913i:^2402.www.NationalNotary.org Jtem #5907 Reorder CaRToH-Ftee 1-800-876^827 Q \EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to ChestnutNProperty AquisitionVHalf Vested\Grant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vestedl) LOT 25.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDOIiENT State of Califc^nia County of. Son On } <^\lU^ before me, Tr?ni '-•^\^£(MXLy^^i f?^b)/C. Date ^ 7 personally appeared Naine(s} or Signer^s) iiltl rfli «Tl I TONI L MINERMAN f COMIVI. # 1913351 2 NOTARY PUBUC - CALIFORNIA W SAN DIEGO COUNTY 0 COMM. EXPIRES NOV. 15, 2014 »^ kji i;y 1^/ »^ <^ Place t4ot»y Above who proved to me on the basis of satisliactory evidtence 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/lheir authorized capaG'rty(ies), and that by his/her/lheir 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 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. Ami Tni/rmAim^ Signature. Sip^etura <A Notary PutjBc OPTIONAL Though the informmm below is not required bylm.it may prove valuable to persons relying on the document and couki prevent fraudulent removal and reat^chment of this fonn fo another document Descriptton of Attached Document Title or Type of Document: Document Date: Number of Pages: Slgner{s) Other Than Named Above: Capacity(ies) Claimed by Sfgner(s) Signer's Name: • Individual • Corporate Officer—Tltle(s): • Partner — • Limited O General • Attorney in Fact • Trustee • Guardian or Conservator • ' Other: , Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title{s): • Partner — • Limited O G^eral • Attorney in Fact • Trustee • Guardian or Conser\^tor • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Tt^ of ^umb here esO(nmxmaHaugfJmo(Mm*1^ ltem#5807 ReOT(J«^Cainbl[-R»e1-«)0-876-6827 Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to ChestnutVProperty Aquisition\Half Vested\Grant Deed of Easement City Slope Constmction, revised 4-15-10 (Half Vestedl) LOT 25.docx REV 4/5/10 EXHIBIT "A" LEGAL DESCRIPTION APN 167-080-42 (CHESNUT CARLSBAD, LLC) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 25 OF CHESNUT HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5328, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 17, 1964 AND MORE PARTICUURLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25, SOUTH 89'46'43" EAST A DISTANCE OF 175.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 13*53'06" EAST A DISTANCE OF 27.09 FEET; THENCE SOUTH 16*35'16" EAST A DISTANCE OF 69.72 FEET TO THE SOUTHERLY LINE OF SAID LOT 25; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 25, SOUTH 89'46'43" EAST A DISTANCE OF 19.11; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 17'16'39" WEST A DISTANCE OF 97.52 FEET TO THE NORTHERLY LINE OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25, NORTH 89*46'43" WEST A DISTANCE OF 16.55 TO THE TRUE POINT OF BEGINNING. CONTAINING 1703 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 DATE EXHIBIT "B" OWNER: CHESNUT CARLSBAD, LLC A DELAWARE LIMITED LIABILITY COMPANY EL CAMINO REAL CARLSBAD, CA. 92008 VICINITY MAP NOT TO SCALE LEGEND: BASIS OF BEARING: THE NORTHERLY LINE OF LOT 25 AS SHOWN ON MAP 5328, I.E. N 89*46'43"W ( ) P.O.B. AREA OF EASEMENT TO BE ACQUIRED 1703 SQ. FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: ®- 4' PUBLIC UTILITY EASEMENT PER INSTRUMENT NO. 80203 RECORDED 5-4-1964 d)- 30' RIGHT OF WAY EASEMENT FOR ROAD AND UTILITY PER INSTRUMENT NO. 86-070488 RECORDED 2-24-1986 PREPARED BY OR UNDER THE SUPERVISION OF: DATE MONTE L BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-42 • V L H II A S • DRAWN BY: SS DATE: 11-02-09 SCALE: 1"=100' SHEET NO. 1 i-j^^j vvaaL tiairiaiuu VrfUUii ouiio luu San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 CHECKED BY: OA DATE: 08-20-10 1 OF 2 www.us.bureauverltas.com APPROVED BY: SS DATE: 08-20-10 1 OF 2 EXHIBIT "B LINE TABLE LINE BEARING LENGTH Ll N 13*53'06** W 27.09' L2 N 16*35'16" W 69.72' L3 N 89*46'43" W 19.11' L4 N 1716'39" W 97.52' L5 N 89*46'43" W 16.55' SCALE: 1" = 100' limUmmmi^Smlmtmm^ CITY OF CARLSBAD limUmmmi^Smlmtmm^ EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-42 • VERITAS • DRAWN BY: SB DATE: 10-02-09 SCALE: 1"=100' SHEET NO. 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel; (858) 451-6100 Fax; (858) 451-2846 wvvw.us.bureauveritas.com CHECKED BY: OA DATE: 08-20-10 2 OF 2 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel; (858) 451-6100 Fax; (858) 451-2846 wvvw.us.bureauveritas.com APPROVED BY: SS DATE: 08-20-10 2 OF 2 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES dated March 4. 2013, from Chestnut Carlsbad LLC. J. Curtis & Kathleen Fomal an undivided Vz interest and Floyd Jr. & Lvnn Bernard and undivided V% interest to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9. 2013, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11. 2013