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HomeMy WebLinkAboutCT 11-04; Presidio Cornerstone QC LLC; 2015-0354040; EasementDOC# 2015-0354040 RECORDING REQUESTED FOR THE Jul 07, 2015 02:46 PM BENEFIT OF THE CITY OF CARLSBAD OFFICIAL RECORDS WHEN RECORDED MAILTO: Ernest J. Dronenburg, Jr SAN DIEGO COUNTY RECORDER City Clerk FEES: $0.00 CITY OF CARLSBAD PAGES: 9 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 167-040-21 & 168-011-20 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 ProjectID: CT 11-04 Related Project ID: PR 15-12 Related Project ID: Project Name: Quarry Creek GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Presidio Cornerstone QC, LLC, a Delaware limited liability company the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad and City of Oceanside, County of San Diego, State of California: an easement for flood control and levee access PURPOSES over, under, upon and PURPOSES over, under, upon and across said real property as described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. OWNER: Presidio Cornerstone QC, LLC, a Delaware limited liability company By: Cornerstone Communities, LLC, a California limited liability company its Operating Manager DATED By: (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) (Sign Here) Ure R. Kretowicz (Print Name Here) Manager (Title) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the Individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. rnia State of California County of On I \<r Dafe personally appeared ) before me, \L5^€ Here Insert Name ne and Title of the Officer Name(s) of Signer(s) who proved to nne on the basis of satisfactory evidence to be the persorj(^ whose namej(8) \slate subscribed to the within instrument and acknowledged to me that helskel[\\Bf executed the same in his/h*^/their authorized capacity^j^, and that by his/bai#ieir signature's) on the instrument the persoQi^e), or the entity upon behalf of which the personja) 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. ILSE GUIDO-JACKSON ( COMM. #1961800 z Notaiy PubNc-Califbmit | San Di«go OMnhr WITNESS my hand and official seal. Signature My Ownm. Btpjws De&; Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document ^ 1 r k ' Title or Type of Document: C^tOm \}2ga 0^ SPoSei*^ ">TDocument Date: Number of Pages: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner - • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NatlonalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 'A' PR 15-12 Legal Description for FLOOD CONTROL AND LEVEE ACCESS EASEMENT DEDICATION CITY OF CARLSBAD Parcel 'A' - Flood Control Easement That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County on November 16, 1896, as described in Parcel 2 of Grant Deed recorded February 4, 2015 as Document No. 2015-0049269 of Official Records of said County and as depicted on Record of Survey No. 21798, filed in the Office of said County Recorder on September 5, 2014, more particularly described as follows: Beginning at a lead and disc in boulder stamped "RCE 23909" per Parcel Map No. 10749, filed in the Office of said County Recorder on December 1, 1980, said disc marking the Southwest corner of Parcel 2 of said Parcel Map No. 10749 and bears South 01°05'41" East, 916.31 feet (North 01°10'43" West, 916.10 feet per said Parcel Map No. 10749) from a 2" iron pipe with disc stamped "L.S. 6427" per Parcel Map No. 18502, filed in the Office of said County Recorder on July 10, 2000, said disc also being a point on the Easterly line of that portion of Rancho Agua Hedionda granted in said Parcel 2 of Document No. 2015- 0049269; thence along the Easterly boundary thereof, also being the Easterly boundary of that certain property depicted on said Record of Survey No. 21798 South 01°07'25" East, 5.42 feet; thence leaving said Easterly boundary North 86°57'11" West, 167.38 feet; thence North 63°30'06" West, 34.38 feet; thence North 29°57'04" West, 53.56 feet to a point herein referred to as Point "A"; thence North 79°24'57" East, 6.36 feet; thence North 68°23'32" East, 16.30 feet; thence North 88°20'38" East, 23.56 feet; thence South 81°02'22" East, 29.16 feet; thence North 67°16'29" East, 12.09 feet; thence North 88°55'27" East, 64.01 feet; thence North 60°4r33" East, 22.74 feet; thence North 40°58'07" East, 80.85 feet to a point on said Easterly boundary; thence along said Easterly boundary South 01°05'41" East, 146.61 feet to the Point of Beginning. Said parcel contains 17,368 square feet or 0.399 acre, more or less. Parcel 'B' - Flood Control Easement That portion of Parcel 2 of Parcel Map No. 10749, in the City of Oceanside, County of San Diego, State of California, filed in the office ofsaid County Recorder on December 1, 1980, together with that portion of Lot 'D' of Rancho Agua Hedionda, according to partition Map thereof No. 823, filed in the office of the County Recorder of said County on November 16, 1896, as described in Parcel 2 of Certificate of Compliance No. PLA-07-03 recorded June 23, 2003 as Document No. 2003-0739964 of Official Records of said County, more particularly described as follows: PAGE 1 OF 3 P:\2468.20\Mapping\Plats\Levee Maintenance Esmts\Legals\2468_Flood Control Esmt Legal.doc Beginning at the Point of Beginning as described in Parcel 'A' above; thence along the Westerly boundary of said Parcel 2 of Certificate of Compliance No. PLA-07-03, also being the Easterly boundary of that certain property depicted on said Record of Survey No. 21798 North 01°05'41" West, 214.14 feet; thence leaving said Westerly boundary North 41°25'31" East, 41.65 feet to a point herein referred to as Point "B"; thence North 41°25'31" East, 33.98 feet; thence North 60°34'46" East, 158.75 feet; thence North 25°43'03" East, 37.41 feet; thence South 77°26'16" East, 84.64 feet; thence South 07°37'19" East, 50.80 feet to the beginning of a tangent 105.00 foot radius curve concave to the West; thence Southeasterly, Southerly and Southwesterly along the arc of said curve, through a central angle of 72°36'04" a distance of 133.05 feet; thence South 64°58'45" West, 116.14 feet to the beginning of a tangent 10.00 foot radius curve concave to the Southeast; thence Southwesterly along the arc of said curve, through a central angle of 50°26'19" a distance of 8.80 feet; thence South 14°32'26" West, 66.83 feet to the beginning of a tangent 90.00 foot radius curve concave to the Northwest; thence Southwesterly along the arc of said curve, through a central angle of 45°50'23" a distance of 72.00 feet; thence South 60°22'49" West, 68.94 feet to a point on said Westerly boundary; thence along said Westerly boundary North 01°07'25" West, 5.42 feet to the Point of Beginning. Said parcel contains 55,336 square feet or 1.270 acres, more or less. Parcel 'C - Levee Access Easement That portion of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition Map thereof No. 823, filed in the office of the County Recorder of San Diego County on November 16, 1896, as described in Parcel 2 of Grant Deed recorded February 4, 2015 as Document No. 2015-0049269 of Official Records of said County and as depicted on Record of Survey No. 21798, filed in the Office of said County Recorder on September 5, 2014, more particularly described as follows: Beginning at Point "A" as described in Parcel 'A' above; thence North 29°57'04" West, 144.64 feet to the beginning of a non-tangent 1022.00 foot radius curve concave to the Northwest, a radial line to said beginning bears South 15°22'26" East; thence Northeasterly along the arc ofsaid curve, through a central angle of 00°41'39" a distance of 12.38 feet; thence South 29°57'04" East, 144.59 feet; thence South 68°23'32" West, 6.06 feet; thence South 79°24'57" West, 6.36 feet to the Point of Beginning. Said parcel contains 1,739 square feet or 0.040 acre, more or less. Parcel 'D' - Levee Access Easement That portion of Parcel 2 of Parcel Map No. 10749, in the City of Oceanside, County of San Diego, State of California, filed in the office of said County Recorder on December 1, 1980, together with that portion of Lot 'D' of Rancho Agua Hedionda, according to partition Map thereof No. 823, filed in the office of the County Recorder of said County on November 16, 1896, as described in Parcel 2 of Certificate of Compliance No. PLA-07-03 recorded June PAGE 2 OF 3 P:\2468.20\Mapping\Plats\Levee Maintenance Esmts\LegalsV2468_Flood Control Esmt Legal.doc 23, 2003 as Document No. 2003-0739964 of Official Records of said County, more particularly described as follows: Beginning at Point "B" as described in Parcel 'B' above; thence North 24°39'21" West, 70.42 feet to a point on the Westerly boundary of said Parcel 2 of Certificate of Compliance No. PLA-07-03; thence along said Westerly boundary North 01°05'41" West, 50.03 feet; thence leaving said Westerly boundary South 24°39'21" East, 107.41 feet; thence South 41°25'31" West, 21.88 feet to the Point of Beginning. Said parcel contains 1,778 square feet or 0.041 acre, more or less. All distances in the above legal description are ground distances, and bearings are based upon the California Coordinate System, Zone 6, N.A.D. 83, Epoch 1991.35. This legal description was prepared by me or under my direction in conformance with the California Professional Land Surveyors' Act. GARY L. HUS LS 7019 DATE PAGE 3 OF 3 P:\2468.20\Mapping\Plats\Levee Maintenance Esmts\Legals\2468_Flood Control Esmt Legal.doc IFGAL DESCRIPTION: A PORTION OF RANCHO AGUA HEDIONDA. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. ACCORDING TO PARTITION MAP THEREOF NO. 823. HLED IN THE OFHCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 16. 1896. TOGETHER WITH A PORTION OF PARCEL 2 OF PARCEL MAP NO. 10749. IN THE CITY OF OCEANSIDE. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. HLED IN THE OFHCE OF SAID COUNTY RECORDER ON DECEMBER 1. 1980, TOGETHER WITH A PORTION OF LOT 'D' OF RANCHO AGUA HEDIONDA. ACCORDING TO PARTITION MAP THEREOF NO. 823. RASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS PLAT IS THE CAUFORNIA COORDINATE SYSTEM OF 1983. ZONE 6. EPOCH 1991.35 GRID BEARING BETWEEN 1ST ORDER G.P.S STATION 88 (CLSB-088) AND 1ST ORDER G.P.S. STATION 87 (CLSB-087) PER ROS 17271. I.E.. NORTH 7675'00" WEST DISTANCES SHOWN HEREON ARE GROUND DISTANCES TO OBTAHj GRID DISTANCES MULTIPLY DISTANCES BY 0.999948180. GRID = GROUND X COMBINED SCALE FACTOR. LEGEND INDICATES FLOOD CONTROL EASEMENT GRANTED TO THE CITY OF CARLSBAD PARCEL 'A' AREA: 0.399 ACRE PARCEL IB' AREA: 1.270 ACRES INDICATES LEVEE ACCESS EASEMENT (TO FLOOD CONTROL EASEMENT) GRANTED TO THE CITY OF CARLSBAD PARCEL 'C AREA: 0.040 ACRE PARCEL 'D' AREA: 0.041 ACRE INDICATES FOUND MONUMENT AS NOTED P.O.B. INDICATES POINT OF BEGINNING VICINITY MAP NO SCALE CARLSBAD GARY L. HUS. IS. 70/9 DATE *t-\* EXHIBIT B PR 15-12 SHEET 1 OF 3 FLOOD CONTROL AND LEVEE ACCESS EASEMENT DEDICATION - aTY OF CARLSBAD APPUCANT: PRESIDIO CORNERSTONE QC. LLC 4365 EXECUTIVE DRIVE. SUITE 600 SAN DIEGO. CA 92121 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET. SUITE 800 SAN DIEGO. CA 92101 PROJ. ID: CT 11-04 A.P.N. 167-040-21 A.P.N. 168-011-20 C:\Users\ChrisH\AppData\Local\Temp\AcPublish_3712\2468_Flood Control Esmt - Carlsbad.dwg May 20. 2015 -0'34'58.710" FOUND 2" IRON PIPE W\DISC STAMPED "LS 6427" PER PM 18502 28 , 27 MAP tJ477 EXHIBIT 'B' PR 15-12 SHEET 2 OF 3 FLOOD CONTROL AND LEVEE ACCESS EASEMENT DEDICATION - OTY OF CARLOAD APPUCANT: PRESIDIO CORNERSTONE QC. LLC 4365 EXECUTIVE DRIVE. SUITE 600 SAN DIEGO. CA 92121 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET. SUITE 800 SAN DIEGO. CA 92101 PROJ ID: CT 11-04 A.P.N. 167-040-21 A.P.N. 168-011-20 C:\Users\ChrisH\AppData\Local\Temp\AcPublisti_3712\2468_Flood Control Esmt - Carlsbad.dwg May 20. 2015 -0'34'58.710" CURVE TA BLE CURVE DELTA RADIUS LENGTH Cl 50'26'19" 10.00' 8.80' 02 45'50'23" 90.00' 72.00' C3 00'41'39" 1022.00' 12.38' CONVERGENCE ANGLE AT STATION NO. 88 EL=317.176' N.G.V.D. 29 J GRAPHIC SCALE FOUND 2 IRON PIPE W\DISC STAMPED "LS 6427" PER PM 18502 21798 100 50 100 ( IN FEET ) inch = 100 ft PARCEL PARCEL 2 OF LAND GRANTED TO PRESIDIO CORNERSTONE QC, LLC PER DEED REC. 2/4/15 AS DOC NO. 2015-0049269 POR-rJOJN OF PARCEL 2 PJVJ 10749 UNE TABLE LINE BEARING LENGTH Ll N79'24'57"E 6.36' L2 N68'23'32"E 16.30' L3 N88'20'38"E 23.56' L4 N6716'29"E 12.09' L5 N60'41'33"E 22.74' L6 S01'07'25"E 5.42' L7 S60'22'49"W 68.94' L8 N24'39'21"W 70.42' L9 S41'25'31"W 21.88' PARCEL 2 OF PLA-07-03 PER CERT OF COMPLIANCE REC 6/23/03 AS DOC NO. 2003-0739964. ALSO PARCEL A OF LAND GRANTED TO PRESIDIO CORNERSTONE QC, LLC PER DEED RFC 2/4/15 AS DOC NO. 2015-0049269- C^_S15'22'26"E(Rl , 6.06' POINT 'A N29'57'04"W 53.56' N63'30'06"W 34.38' N88'55'27"E PARCEL N86'57'11"W^' 167.38' RAJNCHO AQUA H^DJONDA FOUND LEAD & DISC IN BOULDER STAMPED "RCE 23909". ACCEPTED AS MONUMENT PER PM 10749. EXHIBIT 'B' PR 15-12 SHEET 3 OF 3 FLOOD CONTRa AND LEVEE ACCESS EASEMENT DEDICATION - OTY OF CARLSBAD APPUCANT: PRESIDIO CORNERSTONE QC, LLC 4365 EXECUTIVE DRIVE, SUITE 600 SAN DIEGO. CA 92121 PREPARED BY: PROJECT DESIGN CONSULTANTS 701 B STREET, SUITE 800 SAN DIEGO, CA 92101 PROJ ID: CT 11-04 A.P.N. 167-040-21 A.P.N. 168-011-20 P:\2468.20\Mapping\Plats\Levee Maintenance Esmts\2468_Flood Controi Esmt - Carlsbad.dwg May 21. 2015 CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest in real property conveyed by the grant deed of easement for flood control and levee access PURPOSES over, under, upon and PURPOSES over, under, upon and across said real property dated June 12, 2015, from Presidio Cornerstone QC, LLC, a Delaware limited liability company, 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: Julv 6. 2015 SHELLEY G^OmNS, CMC Assistant CityQerk (SEAL)