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Home My WebLink About3957; Sprague, Jack H; 2013-0561390; EasementTV If RECORDING REQUESTED FOR THE BENEFrr OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Cl&ik CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlst)ad. CA 92008 l\^ILTAX EXEIWIPT STATEI^ENTS TO: EXEiy^PT DOC« 2013-05G1390 lillllllillllllllllllllllllllllllllllllllllll SEP 11, 2013 12:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE EmeslJ. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: Ttie 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 Carisbad, and SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 167-230-24-00 Project ID: Related Project ID: Related Project ID: Project Name: Widening PR 12-48 (PR120048) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of wtiich is hereby acknowledged. Jack H. Sprague as Trustee ofthe Jack H. Sprague Trust the owner of real property described herein located in the City of Carlsbad, San Diego County. Califomia 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 one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) Reserving unto the owners ofthe above-described parcel of land, their successors or assigns, the maintenance of the slope, it's landscaping, and drainage pattems. Reserving unto the owners ofthe 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. /// /// /// /// /// /// /// /// /// /// /// /// /// /// Q:\Engine«ingSiiarBd\Capital Invravenwnt Pmgnm ProjecU\3957 - ECR Widonlng Tannarack to CheslnuAPraperty Aqui8ilion\SpregueVGmnt Deed of Easement City Stope ConetrucHon, revlMd 4-1S>10 (Sprague)-P«cei TjSoa REV 4/S/10 DATED OWNER' , / (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY jU /Of^^-f^-^ OWNER(S) MUST BE ATTACHED.) (Sign Here) NOTE THAT THE PRESIDENT OR VICE^>RESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN \. W C,o,,^ FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. Ofa^V- \\ "^r^3^<- ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE (Print Name Here) BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL , SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN (Title) BEHALF OF THE CORPORATION WILL SHOW SUFRCIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS By. MATTER. (Sign Here) ^ ,3 RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Print Name Here) (Title) Q:\En(^neeringShared\Caplia) Impcovament Program Prc|jects\3857 - ECR Widening Tamarack to ChestnutVProperty AqUsition\Sprague\Grant Deed of Easement City Sk>pe Construction, nvlsed 4-15-10 (Sprague>-Parcel2.docx REV 4/6/10 LLl^PURPOSE ACKNOWLEDOMENT State of .CaHfornia^ County of _ On -yUjto^ti I ' Data } Data personally appeared 1 nciOT aHSignwie) % Mit lAniAiiiflhMAi Notary Ptjblic State of Washir>gton WILLIAM T OGONNELL My Appointment Expires Aug 16, 2016 m m m m m Plae* Notary Seal Abow Who proved to me on the basis of satisfBctory evidence 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 Ns/her/thelr authorized capacity(ies), and that by Ns/her/thelr signatur8(8) 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 CallfornlO'that the foregoing paragraph is true and correct. \K)C^SW \ n^hd n WITNESS my hand and offteial seal. Signature OPTIONAL - agnatmol Notary PuUo 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 Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Slgner(8) Other Than Named Above: C8paclty(fe8) Claimed by Signer(8) Signer's l^tame: • Individual • Corporate Officer—Title(8): • Partner—• Limited • General • Attorney in Fact • IhJStee • Guardian or Conservator • Other: Signer Is Representing: njOHTTHUi-.Ui."[fiMr OF SiGfifrr. Top of thumb here Signer's Name: • Indivklual • Corporate Offteer—Tltle(s): • Partner — • Limited • General • Attorney In Fact •Trustee • Guardian or Conservator • Other: Signer is Representing: HU.HI IHUiMBf-'RirjT OK SiCiJER Top of thumb hers 02007Ntfloni<Nol«yAaeociaflbn* 93600a Solo AM;, pa BoK 2402 •ChataM^ HamfSaOT neoidar.Crt'n*Rae1<800«7M8Z7 Q:\BHI<neeringSharedVCapitat Inyrovement Program Pralects\39S7 • ECR WUening Tamarack to Chestnul\Property Aquisition\Sprague\Gnnt Deed of Easement City Slope Constnjction, revised 4-15-10 (Sprague)-P8rce) 2.docx REV 4/5/10 55 A 55 EXHIBIT A LEGAL DESCRIPTION APN 167-230-24 (SPRAGUE) SLOPE AND DRAINAGE EASEMENT BEING A PORTION OF LOT "J" OF THE 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 SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JACK H. SPRAGUE AS TRUSTEE TO THE "JACK H. SPRAGUE TRUST", RECORDED SEPTEMBER 5, 1995 AS DOCUMENT NO. 1995-0392610 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, MORE PARTICUURLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 107 AS SHOWN ON MAP THEREOF NO. 5704, EL CAMINO MESA UNIT NO. 3, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON MARCH 4, 1968, THENCE SOUTH 89'50'00" EAST A DISTANCE OF 6.27 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 107, SAID LINE ALSO BEING THE NORTHERLY LINE OF SAID PARCEL 2 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, SOUTH 89*50'00" EAST A DISTANCE OF 39.54FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 16'38'56" EAST A DISTANCE OF 119.41 FEET; THENCE SOUTH 15*06*57" EAST A DISTANCE OF 12.84 FEET; THENCE SOUTH 04'33'38" WEST A DISTANCE OF 12.68 FEET; THENCE SOUTH 12*02*47" EAST A DISTANCE OF 12.95 FEET; THENCE SOUTH 50'20'09" EAST A DISTANCE OF 7.07 FEET; THENCE NORTH 88'0ri7" EAST A DISTANCE OF 21.89 FEET; THENCE SOUTH 15*06*03" EAST A DISTANCE OF 63.76 FEET TO THE SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, NORTH 89*50*00" WEST A DISTANCE OF 85.21 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF THAT ROAD KNOWN AS EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 IN SAID COUNTY; THENCE NORTH 09*47*36" WEST A DISTANCE OF 220.50 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF EL CAMINO REAL TO THE POINT OF BEGINNING. CONTAINING 0.289 ACRES (12,610 SQ. FT.), MORE OR LESS. EXHIBIT "B" IS AHACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: 4i £!irfm HONTE/L BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 DATE EXHIBIT "B OWNER: JACK H. SPIRAGUE, AS TRUSTEE OF THE "JACK H. SPRAGUE TRUST" 4800 WILUAlMlSBURG LANE |l04 LA IMIESA, CA. 91942 VICINITY MAP NOT TO SCALE LEGEND: BASIS OF BEARING: THE SOUTHERLY UNE OF LOT 107 AS SHOWN ON WP 5704, I.E. N 89'50'00" W (N 89'50'W) AREA OF EASEk/IENT 0.289 ACRES (12.610 SQ. FT) ± ( ) INDICATES RECORD DATA P.O.C. POINT OF COM»/IENCEII/IENT P.O.B. POINT OF BEGINNING PREPARED BY OR L BOWERS, REGISTRATION EXP.: THE SUPERVISION OF: 26493 3-31-14 'JM. )ATE BUREAU VERITAS 10620 Treena Street Suite 200 San Diego, CA 92131 Tel: (858)451-6100 Fax: (858)451-2846 www.us.bureajveritas.com DRAWN BY: SMC CHECKED BY: MB CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-230-24 APPROVED BY: MB DATE: 06-27-15 DATE: 06-27-73 DATE: 06-27-15 SCALE: 1 =100 SHEET NO. 1 OF 2 EXHIBIT ^ ~Jor I -jo&\ MAP Na. sro^j 'I. GA^jVJJNa i\yJ^&A UNJT Na. (N 89-50' W PER MAP NO./5704) L2 " —/ LINE TABLE LINE BEARING LENGTH Ll N 89'50'00" W 6.27' L2 N 89'50'00" W 39.54' L3 N 16'38'56" W 119.41' L4 N 15*06'57" W 12.84' L5 N 04"33'38" E 12.68' L6 N 12'02'47" W 12.95' L7 N 50'20'09" W 7.07' L8 N 88*01'17" E 21.89' L9 N 15'06'03" W 63.76' LIO N 89'50'00" W 85.21' L11 N 09'47'36" W 220.50' LaT J ]\yJAP 323 FiN a. A GJUA N^aiaNnA 200 SCALE: 1" = 100* VERITAS 10620 Treena Street Suite 200 San Diego, CA 92131 Tel: (858)451-6100 Fax: (858) 451-2846 www.us.bureauveritas.corr CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-230-24 DRAWN BY: SMC CHECKED BY: MB APPROVED BY: MB DATE: 06-27-73 DATE: 06-27-73 DATE: 06-27-73 SCALE: 7 "=700' SHEET NO. 2 OF 2 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement for Slope and Drainage Purpose dated July 12, 2013, from Jack H. Sprague as Trustee ofthe Jack H. Sprague Trust, Owner, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe 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: September 6, 2013 ISINGER, Se^o?Deputy Clerk (SEAL)