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HomeMy WebLinkAboutCUP 260C; County of San Diego; 2007-0558614: EasementRECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT DOC# 2007-0558614niiiiiiiiiiiiii AUG 22,2007 10:54 AM OFFICIAL RE CORDS SAM DIEGO COUNTY RECORDER'S OFFICE Li R £ G 0 RV J S MIT H. CO U N1Y R E C 0 R D E R FEES. 0.00 DC- NA PAGES 6 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, SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 209-050-25 Project No. & Name: CUP-260 ( C ) Palomar Transfer Station PR 06-82 ORION STREET Co. Parcel No.: 2007-0014-A GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The County of San Diego, a political subdivision of the State of California, hereby GRANTS to City of Carlsbad, a municipal subdivision in the State of California, The following described real property in the City of Carlsbad, County of San Diego, State of California: An easement for PUBLIC STREET AND PUBLIC UITILIY PURPOSES over, under, upon and across said real property, RESERVING THEREFROM the following rights and privileges: 1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said airspace taking off from, landing at or operating on McClellan-Palomar Airport. 2007-0014A-DEED.doc Page 1 OF 2 2007-0014-A 2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any other perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or above, the McClellan-Palomar Airport clear zone approach surface. 3. The right to require Grantee, at Grantee's sole cost and expense to remove, raze or destroy any of Grantee's facilities infringing upon or extending into said McClellan- Palomar Airport clear zone approach surface, together with the right to prohibit the future erection of buildings or other structures which would infringe upon or extend into said surface. 4. The right to require Grantee, at Grantee's sole cost and expense, to mark and light as obstructions to air navigation, any and all of Grantee's facilities that may at any time project or extend above said surface. 5. The right of ingress to and egress from, and passage over the herein described easement, for the above purposes." Said easement is 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. Dated this ._day i ., 2007. STATE OF CALIFORNIA SS COUNTY O On "I DIEGO 5(9 r/C JojSh Departmen _^ . before me, TT^U/^AT Deputy Assessor/Recorder/County Clerk in and for said County and State, personally appeared John J. McTighe, Director, Department of General Services personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the County executed the same. WITNESS my hand and official seal. GREGORY J. SMITH, Assessor/Recorder/County Clerk By:_ " Deputy PRINT NAME 2007-0014A-DEED.doc Page 2 of 2 I— 2007-0014-A Page 1 of 1 EXffiBIT'A' LEGAL DESCRIPTION ORION STREET RIGHT OF WAY DEDICATION PR 06-82 A PORTION OF LOT 'B' OF 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 SAID SAN DIEGO COUNTY, NOVEMBER 16,1896, BEING A STRIP OF LAND 12.00 FEET IN WIDTH, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF AN UNRECORDED LEASE PARCEL AS SHOWN ON RECORD OF SURVEY NO, 17100, RECORDED AUGUST J7, 2001, AS FILE NO. 2001-0587663 OF OFFICIAL RECORDS, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THAT 48.00 FOOT WIDE IRREVOCABLE OFFER OF DEDICATION GRANTED TO THE CITY OF CARLSBAD AS DESCRIBED IN INSTRUMENT RECORDED JUNE 18, 2001 AS DOCUMENT NO. 2001-0406601 OF OFFICIAL RECORDS, SAID IRREVOCABLE OFFER OF DEDICATION BEING IDENTIFIED AS ORION STREET AS SHOWN ON SAID RECORD OF SURVEY NO, 17100; THENCE SOUTH 1 ri7'56" WEST ALONG THE EASTERLY SIDELINE OF SAID 48.00 FOOT WIDE IRREVOCABLE OFFER OF DEDICATION, ALSO BEING THE WESTERLY LINE OF SAID RECORD OF SURVEY, 57.67 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT LAND GRANTED AS AN IRREVOCABLE OFFER OF DEDICATION TO THE CITY OF CARLSBAD, DESCRIBED AS PARCEL *B' IN INSRUMENT RECORDED NOVEMBER 9,2004 AS FILE NO. 2004-1066306 OF OFFICIAL RECORDS; THENCE CONTINUING ALONG SAID EASTERLY SIDELINE AND SAID WESTERLY LINE OF SAID RECORD OF SURVEY, SOUTH 11° 17'56" WEST 462.25 FEET TO THE BEGINNING OF A TANGENT 326,00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE SOUTHERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54°45'22" A DISTANCE OF 311.55 FEET; THENCE SOUTH 43°2T26" EAST 112.20 FEET; THENCE LEAVING SAID WESTERLY LINE OF SAID RECORD OF SURVEY, CONTINUING ALONG SAID EASTERLY SIDELINE, SOUTH 43027-26" EAST 60.03 FEET; THENCE LEAVING SAID EASTERLY SIDELINE, NORTH 46°3234" EAST 12.00 FEET TO A POINT WHICH LIES 12.00 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY SIDELINE; THENCE ALONG SAID PARALLEL LINE, NORTH 43°2T26" WEST 172,23 FEET TO THE BEGINNING OF A TANGENT 314.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID CURVE ALSO BEING 12.00 FEET EASTERLY AND CONCENTRIC WITH SAID EASTERLY SIDELINE; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 54045*22" A DISTANCE OF 300.08 FEET; THENCE CONTINUING 12.00 FEET EASTERLY AND PARALLEL WITH SAID EASTERLY SIDELINE, NORTH 11° 17'56" EAST 462.25 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL *B'; THENCE LEAVING SAID PARALLEL LINE, ALONG THE SOUTHERLY LINE OF SAID PARCEL 4B', NORTH 78°42'04" WEST 12.00 FEET TO THE TRUE POINT OF BEGINNING. THE OVE DESCRIBED PARCEL OP LAND CONTAINS 0.26 ACRES MORE OR LESS. JALE KEITH BREWER LS5653 EXPIRATION DATE: 09-30-07 LEGAL DESCRIPTION:2007-0014-A A PORTION Of LOT '8' Of RANCHO AGUA HEDIONDA, INTHE: CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATEOF CALIFORNIA, ACCORDING TO MAP THEREOF NO, 823 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896. L YING WITHIN THE LAND DESCRIBED IN DEED TO THE COUNTY OF SANDIEGO, RECORDED JANUARY 18, 1974 AS FILE NO. 1974-014190 IN THE OFFICE OF THE. COUNTY RECORDEROF SAID COUNTY. COUGAR DRr tMPALA ORION MCCLF.LLAN PALOMAR AIRPORT VICINITY MAP NOT TO SCALE DALE K, BREWER EXP. 9/30/07 CITY OF CARLSBAD ORION STREET - STREET DEDICATION PLAT LS. 565J EXHIBIT 'B' I 55 I IIAPPLICANT: PALQMAR ffiANSFER STATION, INC. 8364 CLAIREMONT MESA BLVD. SAN DIEGO, CA, 92111 PREPARED BY: CHERRY ENGINEERING 12721 POWAY ROAD POWAY, CA 92064 858,679.3410 LEGAL DESC,: PORTION OF LOT B OF RANCHO AGUA HEDtONDA PER MAP NO. 823 SHEET 1 OF 2 PR 06-82 209-050-25 A.P.N.: 760-166-84 •s '3* !& s BASIS OF BEARINGS THE BASIS OF BEARINGS iS THE EASTERL Y SIDELINE OF ORION STREET AS SHOWN ON RECORD OF SURVEY NO, 17100. I.E. NORTH iri7'56" EAST, PARCEL DOC. NO. 2004-1066306 REC. 11/9/04 IWKfl BQUWARY KDXXTIQN ARfX •EX. 48 ORION STREET fOD REC. 6/18/01 DOC. NO. 2001-0406601 UNRECORDED LEASE PAR.R.O.S. 17100 S43'27'26"E © N43'27'26"W N78"42'04"W OF WT 8 ASUA CURVE DATA TABLE im RADIUS LENGTH A=54'45'22" 326.00' 311.55' A=54'45'22" 314.00' 300,08' LEASE BOUNDARY •«••* 7 SCALE: 1 = 150' CITY OF CARLSBAD EXISTING 6' WIDE S.D.C.&E. EASEMENT REC. ML Y 12, 1979, FILE NO. 79-241682, O.R. 300'ORION STREET - STREET DEDICATION PLAT EXHIBIT 'B1 APPLICANT: PALOMAR TRANSFER STATION, INC. 8364 CLAIREMONT MESA BL VD. SAM DIEGO, CA. PREPARED BY: CHERRY ENGINEERINC 12721 POWA Y ROAD POWAY, CA 92064 858.679.3410 LEGAL DESC.: PORTION OF LOT 8 OF RANCHO AGUA HEDIONDA PER MAP NO. 823 SHEET 2 OF 2 PR 08-82 209-050-25 A.P.N.: 760-166-84 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated January 30. 2007. from The County of San Diego. California, 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 16. 2007 ;tant City Clerk