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HomeMy WebLinkAboutCUP 02-01; Olivenhain Municipal Water District; 2007-0556027; EasementDOC# 2007-0556027 ffe \oT OC/Jfl RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT AUG21.2007 12:02 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J . S M I T H . CO LI N T Y R E CO R D E R FEES: 0.00 OC: NA \J nf ftf ** i jiijji ||ih |l|fll mil 1|||| mil mil Hiii Hill ||||| IIJII Illft Hit! flliti • 2007-0556027 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.: 255-040-56 Project No. & Name: CUP 02-01 OMWD Campus Development PR 05-23 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Olivenhain Municipal Water District, a California Public Agency 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 ACCESS PURPOSES over, under, upon and across said real property as described in Exhibit "A" consisting of one (2) pages, attached hereto and made a part hereof. Exhibit "B" consisting of five (5) pages is attached for clarity only. DATED STATE OF CALIFORNIA COUNTY OF SAN DIEGO )(Signature) (here insert name and title personally appeared ~T^>/7 \j\\—y^\ before A )/J+a C >C ( (Type or Print) personally known to me (or- proved lu mu un IMe basis 'Of saticfactory ovidgnce) to be the personjxfwhose name^ is/are subscribed to the within instrument and acknowledged to me that he/steftUaey executed the same in his/hafrtkeit, authorized capacity(jss)rrand that by his/haf^eir signature(sf' on the instrument the pe/sonCs^or the entity upon behalf of which the perscjp^S") acted, executed the instrument. WITNESS my haqd and official seal. Signature: Olivenhain Municipal Water District, A California^P-ubUg. Agency By: Name: Title: By: Name: Title: (Type or Prir|t) (Signature) (Type or Print) (J ^L (Type or Print) Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 6225 GOVERNMENT CODE 27361.7 I I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary:. "f Q. r «?^c-.^ L • C V\ct/> <, Commission Number: i<H-~l 1°L1 Date Commission Expires: £ County Where Bond is Filed: >^ Manufacturer or Vendor Number: .Ao X> H -L (Located on both sides of the notary seal border) Signature: Firm Name (if applicable) Place of Execution: .^-^<iOL ^ Date: ^ Rec. Form #R10 (Rev. 7/96) 6226 EXHIBIT "A" Legal Description PR 05-23 PARCEL 3 - ACCESS EASEMENT A PORTION OF THAT CERTAIN PARCEL OF LAND IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, GRANTED TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT BY GRANT DEED RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, APRIL 30, 1991, AS DOCUMENT NO. 1991 - 0197545 OF OFFICIAL RECORDS, BEING THAT PORTION OF LOT 13 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848, FILED IN THE OFFICE OF SAID COUNTY RECORDER JUNE 27, 1890, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAID LAND GRANTED TO THE OLIVENHAIN MUNICIPAL WATER DISTRICT, WITH THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF OLIVENHAIN ROAD, AS DEDICATED PER COUNTY ROAD EASEMENT FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 25, 1961, PER FILE NO. 149167 OF OFFICIAL RECORDS; THENCE ALONG SAID WESTERLY LINE, SOUTH 02°24'16" EAST, A DISTANCE OF 26.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 87°29'53" EAST, A DISTANCE OF 79.56 FEET TO THE BEGINNING OF A TANGENT 1256.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 11.86 FEET, THROUGH A CENTRAL ANGLE OF 00°32'27" TO THE BEGINNING OF A NON-TANGENT 34.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 46°13'53" WEST, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 27.40 FEET, THROUGH A CENTRAL ANGLE OF 46°10'23"; THENCE TANGENT, SOUTH 02°24'16" EAST, A DISTANCE OF 84.30 FEET TO THE BEGINNING OF A TANGENT 34.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE ALONG THE ARC OF SAID CURVE, A DISTANCE OF 50.14 FEET, THROUGH A CENTRAL ANGLE OF 84°29'32"; PAGE 1 of 2 H:\O01\omwdwp\021-00\Survey\Word\EXHffiIT A OMWD_PCL 3.doc 6227 THENCE NON-TANGENT, SOUTH 18°49'16" EAST, A DISTANCE OF 36.97 FEET TO THE BEGINNING OF A NON-TANGENT 9.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 53°20'24" WEST, THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 10.60 FEET, THROUGH A CENTRAL ANGLE OF 67°30'42"; THENCE TANGENT SOUTH 30°51'05" EAST, A DISTANCE OF 21.84 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID OLIVENHAIN MUNICIPAL WATER DISTRICT LAND; THENCE ALONG SAID SOUTHERLY LINE, SOUTH 87°30'20" WEST, A DISTANCE OF 131.62 FEET TO THE SOUTHWEST CORNER OF SAID LAND; THENCE ALONG THE WESTERLY LINE OF SAID LAND, NORTH 02°24'16" WEST, A DISTANCE OF 207.29 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 19,650 SO. FT. (0.45 ACRES) MORE OR LESS. THE BASIS OF BEARINGS FOR THIS LEGAL DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM NAD83 ZONE 6 AND IS BASED ON A LINE BETWEEN HPGN STATION "CA 11-07" AND HPGN STATION "LOMAX" PER RECORD OF SURVEY MAP NO. 14310, I.E. NORTH 79°05'25" WEST. THE DISTANCES STATED HEREIN ARE GROUND DISTANCES. THE COMBINED GRID FACTOR USED TO OBTAIN THESE DISTANCES IS 0.99996581 AT HPGN STATION "CA 11-07" WHICH HAS NAD83 COORDINATES OF: NORTH 1,992,2291.232 FEET, EAST 6,247,272.613 FEET. MULTIPLY GROUND DISTANCES BY 0.99996581 TO OBTAIN GRID DISTANCES. THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. SIGNATURE: STEVEN M. HOWELL, PLS 5758 LICENSE EXPIRES 6/30/06 DATE: March 23, 2005 * EXPIRES 06-30-06 PAGE 2 of 2 H:\O01\omwdwp\021-00\Survey\Word\EXHffiIT A OMWD_PCL 3.doc LEGAL DESCRIPTION PORTION OF LOT 10 AND PORTION OF LOT 13 OF THE SUBDIVISION OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898. 6228 ASSESSOR'S PARCEL NO.'S CITY OF OCEANSIDE 255-031-03 255-040-56 NOT TO SCALE : CITY OF VISTA IT" IL SITE ADDRESS 1966 OLIVENHAIN ROAD OWNER/APPLICANT OUVENHAIN MUNICIPAL WATER DISTRICT 1966 OLIVENHAIN ROAD ENCINITAS, CA 92024 760-753-^466 CITY OF SAN MARCOS PACIFIC OCEAN OU^HAIN-C|TY VICINITY MAP BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS SURVEY IS THE CCS 83, ZONE 6, GRID BEARING BETWEEN STATION HPGN CA 11-07 AND STATION LOMAX PER RECORD OF SURVEY MAP N0.14310 N 79'05'25" W THE COMBINED SCALE FACTOR AT STATION HPGN CA 11-07 IS 0.99996581 - DISTANCES SHOWN HEREIN ARE GROUND DISTANCES GRID DISTANCE = GROUND DISTANCE X COMBINED SCALE FACTOR THE CONVERGENCE ANGLE AT STATION HPGN CA 11-07 IS -00'33'51.61" EXHIBIT "B" SHEET 1 OF 5 STREET DEDICATION - CITY OF CARLSBAD PR 05-23 APPLICANT: OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OUVENHAIN ROAD ENCINITAS, CA 92024 760-753-6466 PREPARED BY: BOVLE 7807 CONVOY CT., SUITE 200 SAN DIEGO, CA 92111 (858) 268-8080 PROJECT: OUVENHAIN ROAD WIDENING PROJECT 6229 ""EXHIBIT "B SEE SHEET 5 FOR EASEMENT INFORMATION SCALE IN FEET PARCEL 2 SEE DETAIL SHEET 4 SCALE: 1"=200' CARLSBAD TRACT NO. 83-16 MAP MO, 11018 S87'29 PARCEL TRAFFIC SIGNAL MAINTENANCE ESMT DETAIL SHT 4 487.30' PARCEL 1 SEE DETAIL O.M.W.D. DOC# 91-197545 REC. 4-30-1991 APN 255-040-56 i : PARCEL 3 ACCESS ESMT. SEE DETAIL SHEET 3 292.04' N 87'34'39" E LEGEND PROPERTY UNE PARCEL 1 - STREET DEDICATION PARCEL 2 - STREET DEDICATION PARCEL 3 - ACCESS EASEMENT PARCEL 4 - TRAFFIC SIGNAL MAINTENANCE ESMT AREA: 0.149 AC. AREA: 0.216 AC. AREA: 0.451 AC. AREA: 0.035 AC. SHEET 2 OF 5 STREET DEDICATION - CITY OF CARLSBAD PR 05-23 APPLICANT: OUVENHAIN MUNICIPAL WATER DISTRICT 1966 OUVENHAIN ROAD ENdNITAS, CA 92024 760-753-6466 PREPARED BY: BOYLE encinEEninc 7807 CONVOY CT., SUITE 200 SAN DIEGO, CA 92111 (858) 268-8080 PROJECT: OUVENHAIN ROAD WIDENING PROJECT _ "OTY OF ENCINITAS -PROPOSED R/W N 87'29'55" E 79.56' A=17'55'51" R=1256.00' L=393.07'-V- O.M.W.D. DOC# 91-197545 REC. 4-30-1991 APN 255-040-56 A=00'02 R=1256. L=0.90V S> DETAIL (NO SCALE) + X &/PORTION v. ^&' RANCHO ,or 13 ,S SNCJNJTAS :K:jVJAP 848 i3i.m 30' N arx'20" E 60' SCALE FEET LINE TABLE LINE L1 L2 L3 LENGTH 84.30' 36.97' 21.84' BEARING S02'24'16"E S18'49'16"E S30'51'05"E CURVE TABLE CURVE C1 C2 C3 C4 DELTA 0'32'27" 46'10'23" 84'29'32" 67*30'42" LENGTH 11.86' 27.40' 50.14' 10.60' RADIUS 1256.00' 34.00' 34.00' 9.00' SHEET 3 OF 5 STREET DEDICATION - CITY OF CARLSBAD PR 05-23 OUVENHAIN MUNIDPAL WATER DISTRICT 1966 OUVENHAIN ROAD ENCINITAS, CA 92024 760-753-6466 PREPARED BY: BOVL.E 7807 CONVOY CT., SUITE 200 SAN DIEGO, CA 92111 (858) 268-8080 PROJECT: OUVENHAIN ROAD WIDENING PROJECT EXHIBIT "B" 62 31 CARLSBAD TRACT NO, 83-16 MAP NO, 11018 oo'T 100' SCALE: 1"=100' CUffVE WB1£ A/0. cr C2 CJ C4 C5 C6 C7 DELTA r47'48" 0'24'34" J'42'53" 12r43'28" 3-33'12" 1'55'35" 15'33'28" LENGTH 39.39' 10.65' 96.35' 53.11' 92.41' 49.97' 89.61' RADIUS 1256.00' 1490.00' 1486.17' 25.00' 1490.00' 1486.17' 330.00' 50' 0 100' 200' LINE NO. L1 L2 L3 L4 L5 L6 L7 L8 L9 L10 L11 LENGTH 5.01' 3.83' 33.87' 3.83' 207.60' 14.00' 14.00' 63.91' 110.00' 46.09' 62.65' TABLE BEARING N52'36'24"E N37'48'24"W (R) S8874'J5"f S43l26'51aE S38'23'08"W S7015'25"W N7015'25nE A/79'44'35"iy S/9'44'J5"E N19'44'35"W N19'44'35"WSCALEFEETSHEET 4 OF 5 STREET DEDICATION - CITY OF CARLSBAD PR 05-23 APPUCANT: OUVENHAIN MUNICIPAL WATER DISTRICT 1966 OUVENHAIN ROAD ENCINITAS, CA 92024 760-753-6466 PREPARED BY: BOYLE Enaineeaina 7807 CONVOY CT., SUITE 200 SAN DIEGO, CA 92111 (858) 268-8080 PROJECT: OUVENHAIN ROAD WIDENING PROJECT 6232 EXHIBIT "B" EASEMENT INFORMATION 30' WIDE PUBUC ROAD EASEMENT REC <L 08-25-1961 AS FILE NO. 149167 OF O.R. EXISTING 20' WIDE ROAD EASEMENT AS ^ RESERVED IN DEED REC. 12-29-1903, IN BK 336, AT PG 297 O.R. 30' WIDE PUBLIC ROAD EASEMENT REC ^ 01-21-1930 IN BOOK 1737, PAGE 4 OF DEEDS (R.S.454) PORTION OF EXISTING 30' WIDE ROAD ^ EASEMENT (TO BE VACATED BY SEPARATE DOCUMENT) EXISTING PUBLIC ROAD EASEMENT REC 05-04-1954 IN BOOK 5226, PAGE 582 OF O.R. (R.S.454-A) 30' WIDE PUBLIC ROAD EASEMENT REC (r 10-03-1961 AS FILE NO. 172003 OF O.R., (TO BE VACATED BY SEPARATE DOCUMENT) 30' WIDE PUBLIC ROAD EASEMENT REC 08-25-1961 AS FILE NO. 149167 OF O.R., PORTION EAST OF OLIVENHAIN ROAD (TO BE VACATED BY (R SEPARATE DOCUMENT) 30' WIDE PUBLIC ROAD EASEMENT REC 12-19-1930 IN BOOK 1839, PAGE 356 OF O.R. APPROX. LOCATION EXISTING 5' WIDE EASEMENT TO PACIFIC TELEPHONE AND TELEGRAGH CO. PER DEED REC. 3-13-1981, AS DOC. NO. 81-077391 O.R. 80' WIDE ROAD AND PUBUC UTILITY EASEMENT REC 04-30-1991 AS DOC. NO. 0197546 O.R., RE-RECORDED 08-21-1999 AS DOC. NO. 1999-0429143 O.R. (PRIVATE) ACCESS EASEMENT TO CITY OF CARLSBAD REC. 05-02-1996 AS FILE NO. 1996-0222579 OF O.R. (TO BE ABANDONED BY SEPARATE DOCUMENT) • - NOT USED • - EXISTING SLOPE EASEMENT TO THE CITY OF CARLSBAD, REC 4-23-2001, AS DOC. NO. 2001-0247977 O.R. - EXISTING CONSTRUCTION EASEMENT TO THE CITY OF CARLSBAD, REC 4-23-2001, AS DOC. NO. 2001-0247976 O.R. - EXISTING 12' & 4' WIDE EASEMENTS TO S.D.G.& E. PER DEED REC. 7-2-1965, AS FILE. NO. 119081 O.R. - APPROX. LOCATION EXISTING CENTERUNE OF RIGHT-OF-WAY EASEMENT (NO WIDTH SPECIFIED) TO S.D.G.& E. PER DEED REC. 12-23-1948, AS DOC. NO. 126597 O.R. - APPROX. LOCATION EXISTING CENTERUNE OF RIGHT-OF-WAY EASEMENT (NO WIDTH SPECIFIED) TO S.D.G.& E. FOR POLES & TRANSMISSION LINES PER DEED REC. 11-17-1948, AS DOC. NO. 114756 O.R. - APPROX. LOCATION EXISTING CENTERUNE OF A 4' WIDE EASEMENT TO S.D.G.& E. PER DEED REC. 12-1-1971, AS DOC. NO. 279388 O.R. SHEET 5 OF 5 STREET DEDICATION - CITY OF CARLSBAD PR 05-23 APPLICANT: OLIVENHAIN MUNICIPAL WATER DISTRICT 1966 OUVENHAIN ROAD ENdNITAS, CA 92024 760-753-6466 PREPARED BY: BOVLE 7807 CONVOY CT., SUITE 200 SAN DIEGO, CA 92111 (858) 268-8080 PROJECT: OUVENHAIN ROAD WIDENING PROJECT 6233 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated August 31. 2006. from Olivenhain Municipal Water District, 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: August 17. 2007 -t-- \i '\f'-'trf-\ R. KUNDTZ, Assistant City Clerk ., &~ * '