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Home My WebLink AboutADJ 05-14; Bepton Investments; 2007-0205884; EasementH RECORDED REQUEST OF" First American Title SUBDIVISION MAPPING DEPT. WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 12260 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT DGC# 2007-0205884 MAR 27, 2007 2:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0 00 OC: NA PAGES: 9 2007-0205884 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.: Project No. & Name: PR 05-142 - Equestrian Center 209-060-55-00 ADJ 05-14 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Bepton Investments, LLC, an Arizona limited liability company, as to an undivided 85% interest, and Dartford Investments, LLC, an Arizona limited liability company, as to an undivided 15% interest, as Tenants in Common 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 said real property as described in Exhibit "A" consisting of two (2) pages, attached hereto and made a part hereof. Exhibit "B" consisting of three (3) pages is attached for clarity only. Bepton Investments, LLC STATE OPs^ALIFORNIA COUNTY OF SAN DIEGO On By: (Name of Company) (Signature) . before me, (here insert name and titleNjf the officer), personally appeared Name: John H. Hornburg (Type or Print) Title: Manager personally known to me (or proved to me on the basis of satisfactory evidence) to be the peKSon(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the sarse in his/her/their authorized capacity(ies), and that by his/ne<ytheir signature(s) on the instrument the person(s), or the entity\(pon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature: (Type or Print) Dartford Investments, LLC (Signature) Name: Steven W. Phillips Title: (Type or Print) Manager H:\Development Services\PROJECTS\ADJ FILES\ADJ 05-14 Equestrian Center - Riddle\Deeds-Easement\GRANT DEED OF EASEMENT CITY (PR 05-142).docREVISED 3/28/05 12261 STATE OF ARIZONA ) ) ss. County of Pima ) On before me, personally appeared //.personally known to me (or proved to me on the basis of satisfactory 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 his/her/their 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. WITNESS my hand and official seal. OFFICIAL SEAL MARTHA L HILL Aug. 27.2008 Notary Public 12262 STATE OF ARIZONA ) ) ss. County of Pima ) Oa/m4&# /£ "3*£ before me, personally appeared^S%^£y ^K /v^personally known to me (or proved to me on the basis of satisfactory 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 his/her/their 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. WITNESS my hand and official seal. OFFICIAL SEAL LAURIE K. BYRD KOTARY PUBLIC -ARIZONA PIMA COUNTY FEBRUARY 13, 2006 J.N. 051155 PAGE 1 OF 2 EXHIBIT "A" ROAD EASEMENT LEGAL DESCRIPTION PR 05-142 THAT PORTION OF LOT 'B' OF RANCHO AGUA HEDIONDA IN THE 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 IN DEED TO BEPTON INVESTMENTS, LLC, ET AL. RECORDED JUNE 11, 2003 AS FILE NO. 2003-0691326, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A 102.00 FOOT STRIP OF LAND LYING 51.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 'B' AS SHOWN ON RECORD OF SURVEY MAP NO. 17348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 12, 2002 AS FILE NO. 2002- 0308511; THENCE ALONG THE WESTERLY LINE OF SAID RECORD OF SURVEY, SOUTH 00°14'31" WEST 1093.00 FEET (RECORD SOUTH 00°06'00" EAST 1093.50 FEET); THENCE CONTINUING ALONG THE WESTERLY LINE OF SAID RECORD OF SURVEY SOUTH 87°25'25" EAST 1132.85 FEET (RECORD SOUTH 87°45'00" EAST 1133.00 FEET); THENCE SOUTH 13°34'44" WEST 299.92 FEET; THENCE SOUTH 13°32'38" WEST 249.90 FEET (RECORD SOUTH 13°16'30" WEST 550.00 FEET) TO THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED AS PARCEL 3 IN DEED TO RANCHO CARLSBAD PARTNERS, RECORDED OCTOBER 21, 2005 AS FILE NO. 2005-0911720; THENCE ALONG THE WESTERLY LINE OF SAID PARCEL 3 SOUTH 13°32'35" WEST 234.00 FEET (RECORD SOUTH 13°16'30" WEST 234.00 FEET) TO THE SOUTHWESTERLY CORNER OF SAID PARCEL, SAID POINT ALSO BEING THE NORTHWESTERLY CORNER OF THE LAND DESCRIBED AS PARCEL 2 IN SAID DEED TO RANCHO CARLSBAD PARTNERS; THENCE LEAVING SAID WESTERLY LINE OF RECORD OF SURVEY MAP NO. 17348, ALONG THE NORTHERLY LINE OF SAID PARCEL 2, SOUTH 75°13'20" EAST 579.91 FEET (RECORD SOUTH 75°29'25" EAST 579.91 FEET) TO A POINT ON THE WESTERLY LINE OF THE LAND DESCRIBED IN DEED TO BEPTON INVESTMENTS, LLC, ET AL. , RECORDED JUNE 11, 2003 AS FILE NO. 2003-0691326; THENCE CONTINUING ALONG SAID WESTERLY AND NORTHERLY LINE, SOUTH 20°52'46" WEST 108.98 FEET (RECORD SOUTH 20°22'05" WEST 109.81 FEET); THENCE SOUTH 81°20'53" EAST 308.19 FEET (RECORD SOUTH 81°53'00" EAST 308.28 FEET); THENCE SOUTH 33°35'17" EAST (RECORD SOUTH 34°12'32" EAST) 154.20 FEET TO A POINT ON A NON-TANGENT 1400.00 FOOT RADIUS CURVE, CONCAVE WESTERLY, A RADIAL LINE OF SAID CURVE BEARS SOUTH 71°29'31" EAST TO SAID POINT, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY AND NORTHERLY LINE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH O:\Legal_Descriptions\051155\BEPTON ROAD EASEMENT.lgl.doc 12264 FEBRUARY 13, 2006 J.N. 051155 PAGE 2 OF 2 A CENTRAL ANGLE OF 21°23'09" A DISTANCE OF 522.55 FEET TO A POINT ON THE NORTHERLY LINE OF THE LAND DESCRIBED IN SAID DEED TO BEPTON INVESTMENTS, LLC, ET AL. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE NORTHERLY AND SOUTHERLY LINES OF THE LAND DESCRIBED IN SAID DEED. CONTAINS 53,286 SF MORE OR LESS. O:\Legal_Descriptions\051155\BEPTON ROAD EASEMENT.lgl.doc LEGEND EXISTING BOUNDARY OFFSITE PROPERTY LINE EXISTING LOT LINE EXISTING EASEMENT PROPOSED EASEMENT POINT OF BEGINNING TRUE POINT OF BEGINNING LEGAL DESCRIPTION PORTION OF LOT B, MAP 823 FILED 11-16-1896 BASIS OF BEARINGS EAST LINE OF RECORD OF SURVEY 17348 /.£ N20?0'08"E 2268.50' 12265 P.O.B. T.P.O.B. EXISTING EASEMENTS *' UTILITIES, TO VARIOUS PARTIES1 REC. 7-29-36 AS BOOK 541, PAGE 244 0/R \ PUBLIC UTILITIES, TO SDG&E * REC 10-20-48 AS BOOK 2988, PAGE 430 0/R I PUBLIC UTILITIES, TO SDG&E1 REC 4-19-51 AS BOOK 4063, PAGE 117 0/R I WATER, TO W.D. CANNON1 REC 2-27-52 AS BOOK 4385, PAGE 532 0/R I DRAINAGE, TO VARIOUS PARTIES1 REC 10-1-58 AS BOOK 7278, PAGE 165 0/R I PRIVATE ROAD TO ODELL & VERA ISAACS, REC. 7-15-59 AS BOOK 7771, PAGE 15 0/R MOl PUBLIC UTILITIES, TO SDG&E ^ REC. 7-23-59 AS BOOK 7787, PAGE 15 0/R ROAD/UTIUTY, TO ARTHUR S. DOCKMAN REC. 9-20-68 AS F/N 68-163727 PUBLIC UTILITIES, TO SDG&E REC. 1-13-69 AS F/N 69-6807 WATER, TO C.M.W.D. REC. 2-13-70 AS F/N 70-25854 ] SLOPE, TO TERRACES AT < SUNNY CREEK, REC. 9-12-01 AS F/N 2001-0652680 ] PUBLIC UTILITIES TO SDG&E, * REC. 7-26-02 AS F/N 2002-0629409 | POLES & WIRES TO SDG&E REC. 10-20-48 AS BOOK 2988, PAGE 343 0/R POLE LINES TO SDG&E REC. 7-23-59 AS BOOK 7787, PAGE 75 0/R ROADWAY/PUBUC UTILITY, TO VARIOUS PARTIES, REC. 9-23-63 AS 169663 ROADWAY/PUBUC UTILITY, TO VARIOUS PARTIES, REC. 6-30-66 AS 107724 ] FLOWAGE, TO S.D. COUNTY FLOOD CONTROL DISTRICT REC. 3-24-75 AS F/N 75-066442 POLE LINES, TO SDG&E REC. 3-31-75 AS F/N 75-71988 *THE EXACT LOCATION OF EASEMENT CANNOT BE DETERMINED FROM SAID RECORD. "% CITY DF DCEANSIDE DF VISTA [H] FLOWAGE, TO S.D.C.DMD. No. 1 REC. 3-24-75 AS F/N 75-066441 FU PUBLIC UTILITIES, TO SDG&E ^ REC 3-25-75 AS F/N 75-067227 [J6] PUBLIC UTILITY & STORM DRAIN TO CITY OF CARLSBAD REC. 4-9-85 AS F/N 85-120616 (53] DRAINAGE, TO THE CITY OF ^ CARLSBAD REC. 3-13-00 F/N 2000-0125914 [3| WASTEWATER, TO THE CITY OF CARLSBAD REC. 4-11-01 AS F/N 2001-0221300 PACIFIC OCEAN CITY OF SAN MARCOS £>v \ CITY DF ENCINITAS VICINITY MAP HI SCALE SHEET 1 OF 3 SHEETS XP.11 GEDRGEtfO'DAY R.C.E. 32014 EXP.12/31/06 EXHIBIT "B" PR 05-142 APN 209-060-55 CONSULT A/N T S 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax:Carlsbad, CA 760-931-8680 92010 Xrefs: 0555MAP G:\051155\Plats\0555ZE01.dwg Feb 13, 2006 10:02am - P.O.&. NORTHWEST /K CORNER OF LOT B ' i ' MAP NO. 823 s* i ^§^83i \ m 587-25'25'E 1132.85' (S87'45'00"E 1,113.00') LEGEND ( ) PER DEED TO BEPTON INVESTMENTS LLC, ETAL DOC. 2003-0691326 REC. 6-11-03 PER DEED TO RANCHO CARLSBAD PARTNERS •DOC. 2005-0911720 IREC. 10-21-05 I i I NORTHWEST CORNER PARCEL 3 PARCEL 3, DEED TO RANCHO CARLSBAD PARTNERS DOC. 2005-0911720 REC. 10-21-05 D TO BEPTON JNVESTMENTS, LLC, <20-5246E -J08.98' ((N2Q'22'05''EAPN 209-080-10 N33'35'17W 154.20' ((N3412'32"W)) SEE SHEET J SCALE: 1" = 200' EXHIBIT "B CONSULT A^NTS PR 05-142 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010APN 209-060-55 ^V£3 PARCEL 2 DEED TO RANCHO CARLSBAD PARTNERS DOC. 2005-0911720 REC. 10-21-05 *-GEORGE] O'DAY // / RC.E. ^32014 EXP. 12/31/06 Xrefs: 0555PLAT-MAP G:\051155\Plats\0555ZE02.dwg Feb 13, 2006 11:52am 12267 3gs* 17348 DEED TOBEPTON INVESTMENTS, LLC, ET AL / DOC. 2003-0691326 / REC. 6-11-03 /Ik108.98 ((N20"22'05'E 109.81')) APN 209-060-65 N33'35'17"W 154.20' ((N3412'32"W)) , ,. IDEED TO RANCHO PARTNERS DOC. 2005-0911720 'REC. 10-21-05 N78WWW 134.61' SCALE: 1" = 200' SHEET 3 OF 3 SHEETS EXHIBIT "B"CONSULT PR 05-142 APN 209-060-55 2710 Loker Ave. W. 760-931-7700 Suite 100 Fax: Carlsbad. CA 760-931-8680 92010R.C.E. 32014 EXP.12/31/06 Xrefs: 0555PLAT-MAP G:\051155\Plats\0555ZE03.dwg Sep 29, 2006 10:15am 12268 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated November 15. 2006. from Bepton Investments. LLC. and Dartford Investments. LLC. as Tenants in Common, 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 19.2007 RONNA STICKROD,