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Home My WebLink AboutCT 02-16; Calavera Hills II; 2007-0388776; EasementRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT DOC# 2007-0388776 JUN 08, 2007 1:49 PM OFFICIAL RE COR OS SAN DltGO COUNTY RECORDERS OFFICE G REG 0 R Y J S MIT H. CO U N TY R E CO R D E R FEES: 0.00 DC: HA F'AGES. 7 SPACE At 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: 168-050-54-00 CT02-16 « PJ Robertson Ranch East Village PR 06-35 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Calavera Hills II, LLC, a California limited liability company 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 open space to wit: (1) a perpetual easement for open space over, upon, across and under the subject land and no building, structure or other thing whatsoever shall be constructed, erected, placed or maintained on the subject land except as may be permitted by a conditional use permit issued pursuant to the zoning ordinance of the City of Carlsbad. (2) the perpetual right, but not the obligation, to enter upon the subject land and remove any buildings, structures or other things whatsoever constructed, erected, placed or maintained on the subject land contrary to any term, covenant or condition of this easement and to do any work necessary to eliminate the effects of any excavation or grading or placement of sand, soil, rock or gravel or any other material done or placed on the subject land contrary to any term, covenant or condition of this easement. Grantor covenants and agrees for itself and its successors and assigns as follows: (A) that it shall not erect, construct, place or maintain, or permit the erection, construction, placement or maintenance of any building or structure or other thing whatsoever on the subject land other than such buildings, structures and other things as may be permitted by a conditional use permit issued pursuant to the zoning ordinance of the City of Carlsbad and excepting landscaping, irrigation and their appurtenances as approved by the City Engineer and Planning Director of the City of Carlsbad. (B) that it shall not use the subject land for any purpose except as open space and for park and/or recreational purposes, without the written authorization of the City of Carlsbad or its successors or assigns. (C) that it shall not excavate or grade or permit any excavating or grading to be done, or place or allow to be placed any sand, soil, rock, gravel or other material whatsoever on the subject land without the written permission of the City of Carlsbad or its successors or assigns: provided, however, that grantor may excavate, grade or place sand, soil, rock or gravel or other material on the subject land as may be permitted by a special use permit issued pursuant to the zoning ordinance of the City of Carlsbad or for the maintenance, repair, or replacement of landscaping, irrigation and their appurtenances as approved by the City Engineer and Planning Director of the City of Carlsbad. (D) that the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. The grant of this Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 easement and its acceptance by the City of Carlsbad shall not authorize the public or any members thereof to use or enter upon all or any portion of the subject land, it being understood that the purpose of this easement is solely to restrict the uses to which the subject land may be put. This easement shall bind the grantor and its successors and assigns. Said real property is described as Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. DATED STATE OF CALIFORNIA COUNTY OF SAN DIEGO Qru g* "" Q ~~(s I before me, (here insert name and title ot*£he officer), ' ^ . ~~ ~, ~* personally appeared PPlCXirv tA t UOl personally known to me (or provod to ma on the basic of satisfactory avidonce) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/sbftfthey executed the same in his/her/their- authorized capacity(ies), and that by his/bor/thoir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Calavera Hills II, LLC, a California limited liability company (Name of Company) By: Its Manager, McMillin Companies, LLC, a Delaware limited liability company, By: _ WITNESS my rrafiti and official seal. Signature: ANN Wl FUTO Commission* 1546838 Notary Public - California San Diego County My Comm. Expires Jan 23,2i Name: Title: By: Name: Title: (Signature) Brian Milich (Type or Print) Senior Vice President (Type or Print) (Signa/ure) Don Mitchell (Type or Print) 1st Vice President (Type or Print) STATE OF CALIFORNIA ) COUNTY Oon r3 - *AN QIE-cstGO TV ir<\. before me, 7\\C— baoio of (here insert name andjitle of the officer), i ( personally appeared X^T\ tYVv-VgJlWJi \ personally known to me (or proved lu nib! ui sntinfartnry evidence) to be the person(s) whose name(s) is/a» subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hor/theu. authorized capacity(ies), and that by his/hef/theirsignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my/hqnd and official seal Signature: ANN M. FUTO Commission* 1546838 Notary Public - California San Diego County5>an Diego County f My Comm. Expires Jan 23.20099 » W V W w V «i w< ^ar4 Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 MAY 15, 2006 J.N. 011014-03 PAGE 1 OF 2 EXHIBIT "A" LEGAL DESCRIPTION OPEN SPACE EASEMENT CT 02-16 PR.06-35 THAT PORTION OF PARCEL 1, MS 02-10, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP NO. 19804, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST 3, 2005 AS FILE NO. 2005-0659805 DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHEAST LINE OF CANNON ROAD, DEDICATED AS A PUBLIC STREET ON NOVEMBER 25, 2003 AS FILE NO. 2003-1414299 OFFICAL RECORDS, AND THE EAST LINE OF SAID PARCEL 1; THENCE, SOUTH 4°13'22" WEST ALONG SAID EAST LINE 80.79 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE, ALONG THE SOUTHEAST LINE OF SAID PARCEL 1, SOUTH 51°39'15" WEST 1098.70 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 1; THENCE, LEAVING SAID SOUTHEAST LINE OF PARCEL 1 AND ALONG THE WESTERLY LINE OF SAID PARCEL 1, NORTH 25°25'30" WEST 135.56 FEET TO A POINT ON SAID SOUTHEAST LINE OF CANNON ROAD; SAID POINT BEING THE BEGINNING OF A NON-TANGENT 1451.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL TO WHICH BEARS SOUTH 25°25'30" EAST; THENCE, NORTHEASTERLY ALONG THE SOUTHEAST LINE OF CANNON ROAD THROUGH A CENTRAL ANGLE OF 11°19'13" AN ARC DISTANCE OF 286.68 FEET; THENCE TANGENT TO SAID CURVE NORTH 53°15'17" EAST 466.71 FEET TO THE BEGINNING OF A TANGENT 190.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°03'28" AN ARC DISTANCE OF 26.72 FEET; THENCE TANGENT TO SAID CURVE NORTH 61°18'45" EAST 64.57 FEET TO THE BEGINNING OF A TANGENT 210.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08°03'28" AN ARC DISTANCE OF 29.53 FEET; THENCE TANGENT TO SAID CURVE NORTH 53°15'17" EAST 253.09 FEET TO THE POINT OF BEGINNING. 0:\Legal_Descriptions\011014\OS-esmt.lgl.doc MAY 15, 2006 J.N. 011014-03 PAGE 2 OF 2 EXCEPTING THEREFROM THE NORTHWESTERLY 22.00 FEET, CONTIGUOUS TO THE SOUTHEAST LINE OF CANNON ROAD, SAID 22.00 FEET BEING MEASURED PERPENDICULAR OR RADIALLY TO SAID SOUTHEAST LINE OF CANNON ROAD. AREA OF DEDICATION = 73,364 S.F. OR 1.68 ACRES MORE OR LESS 0:\Legal_Descriptions\011014\OS-esmt.lgl.doc 13 15 EASEMENTS OP RECORD PURPOSE PRIVATE ROAD PIPELINES STORM DRAINAGE LANDSCAPE A IRRIGATION OWNER LIDO LAND CO. C.M.W.D. CITY OF CARLSBAD RANCHO CARLSBAD ODER'S ASSOC. DOCUMENT BK 7016, PG 536 O.R. F/N 1852 O.R. F/N 2003-1414503 O.R. F/N 2005-0027023 O.R. REC. DATE 4-1-1958 1-4-1963 11-25-2003 1-11-2005 H 1-2 2-3 3-4 4-5 5-6 6-7 7-8 8-9 9-1 DELTA/BEARING 5 0413'22" W S 51'39'15" W N 25"25'30" W A= //7P7J* N 5315'17"E A= 08V3'28" N 6118'45'E A= 08V3'28" N 5315'irE RADIUS 1451.00 190.00 210.00 LENGTH 80.79' 1098.70' 135.56' 286.68' 466.71' 26.72' 64.571 29.53' 253.09' EASEMENT 2-10 10-11 11-12 It ITiZ—iJ 13-14 14-15 15-16 16-3 3-2 N 0413?2*E S 5315'17~ W A= 08V3'28* S 6n8'45" W A= 08V3'28* S 5315'ir W A= 1H9'13" S25'25'30"E N 51'39'15"E 232.00 168.00 1473.00 51.65' 233.99' 32.63' 64.57' 23.63' 466.71' 291.03' 113.56' 1098.70' CONSULT T S 2710 Loker Ave. Suite 100 Carlsbad, CA 92010 760-931-7700 Fax: 760-931-8680 APPLICANT: CALAVERA HILLS II, LLC 2750 WOMBLE ROADSAN DIEGO, CA 92106 (619) 794-1252 cm or or VHTA SRSLnos EHCMTAScnr OF i VICINITY MAP NO SCALE EASEMENT PLAT CT 02-16 OPEN SPACE EASEMENT EASEMENT PLAT - CITY OF CARLSBAD EXHIBIT "B* SHEET 1 OF 2 SHEETS PR 06-35 A.P.N.168-050-54 G:\0110H\01H8Z26A.dwa Mar 01. 2007 1:09pmXrafr 9820ASTO; 0114AUAP V Jill I LEGEND: [7Z] EASEMENT AREA P. O.B. POINT OF BEGINNING MS 02-10 BOUNDARY EASEMENT BOUNDARY AREA OF DEDICATION = 73,364 S.F. OR 1.68 ACRES MORE OR LESS PARCEL 1 ADJ. PLAT 01-13 ROBERTSON RANCH APN 1S8-060-47 PARCEL (//.RANCHO 'CARLSBAD CONSULT T S 2710 Loker Ave. 760-931-7700 Suite 100 Fax: Carlsbad, CA 760-931-8680 92010 APPLICANT: HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 j \0 •PORTION OF PARCEL 1, MS 02-10, PARCEL MAP 19804 ROBERTSON RANCH FILE 2006-0869806 Off, REG, 8-3-2006 EASEMENT PLAT SCALE: 1"=200' CT 02-16 OPEN SPACE EASEMENT EASEMENT PLAT - CITY OF CARLSBAD EXHIBIT MB' SHEET 2 OF 2 SHEETS PR 06-35 A.P.N. 168-050-54 G:\0110H\01H8Z266.dwa Mar 01, 2007 1:10pm Xrefr 982dASTO; 0114AMAP CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated February 8. 2007. from Calavera Hills II. LLC. 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: June 5. 2007 , A^stant City Clerk /^