HomeMy WebLinkAboutMP 02-03; |Gary and Brian|Robertson|Robertson, Gary and Brian|; 2008-0021749; Easement\r
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
DOC# 2008-0021749
JAN 16, 2008 2:56 PM
OFFICIAL RE CORDS
SAN DIEGU COUNTY RECORDER'S OFFICE
f.; R E d 0 R Y J . S M I T H . CO U N T Y R E CO R D E R
FEES: 0.00
OC NA
PAGES:
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
SPACE ABOvc i ma LIINC I-UK KCOUKUCK a uac
Assessor's Parcel No.: 208-010-36
Project ID:
Project Name:
MP 02-03
Robertson Ranch
West Village
Related Project ID:PR 06-143
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
Gary Robertson and Brian Robertson as co-successor trustees of the Robertson Family 1995
Trust, dated April 19, 1995 as to an undivided one-half interest; Gary Robertson and Brian
Robertson, co-successor trustees under Declaration of Trust dated October 8, 1976, as to an
undivided 7% interest; and Gary Robertson and Brian Robertson, co-successor trustees of the
Elsie M. Kelly Irrevocable Trust dated June 19, 1989 as to an undivided 43% interest
hereby GRANTS to the 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 as allowed pursuant to the approved Robertson
Ranch Master Plan, 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
Ill
15
Word\Masters\Forms\Grant Deed of Easement - City 6/1/00
62 Ci
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.
Grantor:
GARY ROBERTSON AND-BWAN ROBERTSON, CO-SUCCESSOR
TRUSTEES OF THP1?OBERTSON FAMILY TRUST DATED APRIL 19, 1995
By:CO -
(sign here)
Gary Robertson, Co-Successor Trustee
By:
rint name here)
Cff-
(sign here)
Brian Robertson, Co-Successor Trustee
(print name here)
GARY ROBERTSON-A^fB'BRIAN ROBERTSON, CO-SUCCESSOR TRUSTEES
UNDER THE DECfLAfWION OF TRUST DATED OCTOBER 8, 1976
By:
(sign here)
Gary Robertson, Co-Successor Trustee
By:
here)
(sign here)
Brian Robertson, Co-Successor Trustee
GARY ROBERTSON M
OF THE ELSIE
By: _
(print name here)
ROBERTSON, CO-SUCCESSOR TRUSTEES
RE VOCABLE TRUST DATED JUNE 19, 1989
(sign here)
Gary Robertson, Co-Successor Trustee
By;
(priot name here)
(sign here)
Brian Robertson, Co-Successor Trustee
(print name here)
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.)
Word\Masters\Forms\Grant Deed of Easement - City 6/1 /OO
6208
STATE OF OALirORNIA
County of
On IO'
Personally appeared.
. before me, <^\JJ<4(J^\ /. a Notary Public,
Name(s) of Signer(s)
^""personally known to me
_ 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.
Place Notary Seal Above ignature of Notary Public
STATE OF CALIFORNIA,
County of fW]
On M)I0 fflfaf . a Notary Public,
Personally appeared r'jLL
CYND* MUUHOUM f
CommlMton # 147I4M I
Notary Public - California I
San Ol*oo County *
Place Notary Seal Above
personally known to me
) proved to me bn the basis of satisfactory evidence to
be the person(X} whose name(^is/ar«gsubscribed to the
within instrument and acknowledged to me that
he/9h»4b,ey executed the same in his/her/their authorized
capacity(ieX), and that by his/ht&fAbeir 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.
Signature of Notary Public
6303
December 11, 2007
J.N.: 011014-3
PAGE 1 OF 3
EXHIBIT "A"
LEGAL DESCRIPTION
OPEN SPACE EASEMENT
MP 02-03
PR 06-143
THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT ADJ 01-13 PER
CERTIFICATE OF COMPLIANCE CE 01-55, RECORDED NOVEMBER 28, 2001
AS FILE NO. 2001-0865065, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 2,
SAID POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF PARCEL 1
OF LOT LINE ADJUSTMENT ADJ 01-13 PER CERTIFICATE OF COMPLIANCE
CE 01-54, RECORDED NOVEMBER 28, 2001 AS FILE NO. 2001-0865064,
IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA AND SHOWN ON SAID CERTIFICATE OF COMPLIANCE AS THE
POINT OF BEGINNING AND POINT 67; THENCE ALONG THE EASTERLY
BOUNDARY OF SAID PARCEL 2 SOUTH 01°42'35" WEST, 1484.93 FEET;
THENCE LEAVING SAID EASTERLY BOUNDARY THE FOLLOWING COURSES:
SOUTH 51°09'48" WEST, 62.51 FEET;
THENCE SOUTH 32°27'08" WEST, 27.25 FEET;
THENCE SOUTH 06°12'08" WEST, 27.25 FEET;
THENCE SOUTH 19°49'31" EAST, 26.73 FEET;
THENCE SOUTH 54°50'32" WEST, 153.74 FEET;
THENCE SOUTH 44°44'24" WEST, 110.43 FEET;
THENCE SOUTH 37°35'21" WEST, 118.80 FEET;
THENCE SOUTH 24°45'23" WEST, 92.84 FEET;
THENCE SOUTH 15°13'56" WEST, 240.28 FEET;
THENCE SOUTH 21°15'54" WEST, 112.87 FEET;
THENCE SOUTH 29°46'40" WEST, 174.70 FEET;
THENCE SOUTH 07°48'55" WEST, 91.81 FEET;
THENCE SOUTH 26°33'51" EAST, 63.81 FEET;
THENCE SOUTH 57°22'51" EAST, 52.94 FEET;
THENCE SOUTH 55°04'52" EAST, 139.40 FEET;
THENCE SOUTH 50°26'42" EAST, 261.20 FEET;
O:\Legal_Descriptions\011014\071026WestOpen SpaceEasement. Igl.doc
6204
December 11, 2007
J.N.: 011014-3
PAGE 2 OF 3
THENCE SOUTH 63°38'25" EAST, 140.23 FEET TO A POINT ON THE
EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE
THE FOLLOWING COURSES:
SOUTH 29°07'38" WEST, 2.29 FEET;
THENCE SOUTH 25°38'31" WEST, 100.08 FEET;
THENCE SOUTH 23°31'32" WEST, 109.80 FEET;
THENCE NORTH 82°48'22" WEST, 67.83 FEET TO A POINT ON A LINE
PARALLEL WITH AND DISTANT 18 FEET FROM THE RIGHT-OF-WAY OF EL
CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1, SAID POINT BEING THE
BEGINNING OF NON-TANGENT 6837.31 FOOT RADIUS CURVE, CONCAVE
NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 25°25'33"
WEST ;
THENCE ALONG SAID PARALLEL LINE, NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 04°02'12", AN ARC DISTANCE OF 481.74
FEET ;
THENCE CONTINUING ALONG SAID PARALLEL LINE NORTH 60°32'15" WEST,
449.43 FEET TO THE BEGINNING OF TANGENT 2063.09 FOOT RADIUS
CURVE, CONCAVE SOUTHWESTERLY;
THENCE CONTINUING ALONG SAID PARALLEL LINE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 08°30'15", AN ARC DISTANCE
OF 306.22 FEET;
THENCE LEAVING SAID PARALLEL LINE ALONG THE FOLLOWING COURSES:
NORTH 37°52'30" EAST, 45.49 FEET;
THENCE NORTH 56°18'36" EAST, 17.78 FEET;
THENCE NORTH 74°03'17" EAST, 35.91 FEET;
THENCE SOUTH 74°03'17" EAST, 35.91 FEET;
THENCE SOUTH 81°52'12" EAST, 34.87 FEET;
THENCE NORTH 25°21'41" EAST, 164.76 FEET;
THENCE NORTH 17°06'10" EAST, 145.51 FEET;
THENCE NORTH 30°57'49" EAST, 17.82 FEET;
THENCE NORTH 45°00'00" EAST, 17.29 FEET;
THENCE NORTH 41°07'17" EAST, 127.81 FEET;
THENCE NORTH 16°41'57" EAST, 15.96 FEET;
THENCE NORTH 00°00'00" EAST, 33.62 FEET;
THENCE NORTH 20°19'23" WEST, 44.01 FEET;
THENCE NORTH 24°08'06" WEST, 303.93 FEET;
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6205
December 11, 2007
J.N.: 011014-3
PAGE 3 OF 3
THENCE NORTH 17°33'37" WEST, 56.64 FEET TO THE BEGINNING OF NON-
TANGENT 610.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL
LINE TO SAID POINT BEARS SOUTH 20°01'53" EAST;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
11°49'55", AN ARC DISTANCE OF 125.97 FEET;
THENCE NORTH 58°08'12" EAST, 135.03 FEET TO THE BEGINNING OF
TANGENT 610.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
29°23'48", AN ARC DISTANCE OF 312.97 FEET;
THENCE NORTH 72°14'12" EAST, 24.15 FEET;
THENCE NORTH 50°45'37" EAST
THENCE NORTH 46°41'05" EAST
THENCE NORTH 72°59'31" EAST
THENCE NORTH 66°56'09" EAST
THENCE NORTH 52°15'49" EAST,
THENCE NORTH 38°51'25" EAST,
THENCE NORTH 28°11'40" EAST,
THENCE NORTH 29°03'06" EAST,
THENCE NORTH 25°55'42" EAST,
THENCE NORTH 20°52'57" EAST,
THENCE NORTH 18°11'30" EAST,
THENCE NORTH 04°59'45" EAST,
THENCE NORTH 02°47'53" WEST,
THENCE NORTH 16°38'49" WEST,
THENCE NORTH 26°00'33" WEST,
THENCE NORTH 30°30'29" WEST,
THENCE NORTH 08°36'02" EAST,
THENCE NORTH 34°38'15" EAST,
THENCE NORTH 23°04'30" EAST,
THENCE NORTH 08°04'27"
24.69 FEET;
48.27 FEET;
34.95 FEET;
63.91 FEET;
31.75 FEET;
36.71 FEET;
40.36 FEET;
151.03 FEET;
119.85 FEET;
108.39 FEET;
83.58 FEET;
96.53 FEET;
86.35 FEET;
171.91 FEET;
145.94 FEET;
130.62 FEET;
44.24 FEET;
58.01 FEET;
15.66 FEET;
EAST, 15.66 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY
BOUNDARY SOUTH 89°25'39" EAST, 402.85 FEET TO THE POINT OF
BEGINNING.
AREA = 1,594,819 S.F. OR 36.61 ACRES
O:\Legal_De3criptions\011014\071026WestOpen SpaceEasement. Igl.doc
BASIS OF BEARING:
EASTERL Y LINE OF PARCEL 2
IE N 01'42'35 E
LEGAL DESCRIPTION
PORTION OF PARCEL 2 ADJ 01-13
CE 01-55 FILE NO. 2001-0865065
At*
LEGEND
FOB
SUBDIVISION BOUNDARY
RIGHT-OF-WAY
STREET CL
EXISTING LOTLINE
EXISTING EASEMENT
POINT OF BEGINNING
AREA OF OPEN SPACE
EASEMENT
AREA = 1,594,819 S.F. OR 36.61 AC
ACRES MORE OR LESS
CITY OF OCEANSIDE
HIGHWAYj SITE
PACIFIC
OCEAN
fjjt-
BUSINESS PARK DR.
CITY OF
SAN MARCOS
KEY MAP
SCALE 1"=600'
C D N S U L T A
2710 Loker Ave. 760-931-7700
Suite 100 Fax:
Carlsbad, CA 760-931-8680
92010
CITY OF ENCINITAS
VICINITY MAP
NO SCALE
EXHIBIT "B'DATE: DECEMBER 11, 2007
APPLICANT:
ROBERTSON FAMILY TRUST
P.O. BOX 4659
CARLSBAD, CA. 92018
(760) 594-4200
OPEN SPACE EASEMENT
Qt*.. if. Zoo 1
GEORGE 0 DM -
R.CE. 320M EXP. 12/3 1/08
ROBERTSON RANCH
MP 02-03
PR 06-143
SHEET 1 OF 7 SHEETS
A.P.M. 208-010-36
G:\011014\0114BZ33A.dwg Dec 11, 2007 4:20pm
Xrefs: OlUbmao: 0114AMAP: 0114maD
6207
N89'25'39"W 402.85'
N08'04'27"E
15.66'
N34'38'15"E
58.01'
N08'36'02"E
44.24'
PARCEL 2
ADJ. 01-13
CE 01-56
2001-0865085
0' 100'
SCALE: 1" = 100'
Tl A PUBLIC UTILITIES EASEMENT
IN FA VOR OF SDG&E RECORDED
JUNE 1, 1953 IN BOOK 4874,
PAGE 143 OF OFFICIAL RECORDS.
CONSULT
2710 Loker Ave. 760-931-7700
Suite 100 Fax:Carlsbad, CA 760-931-8680
92010
N1811'30"E
83.58'
N20'52'57"E
108.39' ,
H,EXHIBIT "DATE: DECEMBER 11, 2007
APPLICANT:
ROBERTSON FAMILY TRUST
P.O. BOX 4659
CARLSBAD, CA. 92018
(760) 594-4200
OPEN SPACE EASEMENT
GEORGE O'DAY
R. CE 32014 P. 12/31/08
ROBERTSON RANCH
MP 02-03
PR 06-143
SHEET 2 OF 7 SHEETS
A.P.M. 208-010-36
G:\0110H\0114BZ33B.dwg Dec 11, 2007 4:21pm
Xrefs: OlUbmao: 0114AMAP: 0114maD
6208
o'
PA8CZL 2
ADJ. 01-13
01-56
f/N 2001-0865066
NW4931W
26.73'
N54'50'32"E
153.74'
C 0 N SULTA>
2710 Loker Ave. 760-931-7700
Suite 100 Fax:
Carlsbad, CA 760-931-8680
92010
PUBLIC UTILITIES EASEMENT
IN FA VOR OF SDG&E RECORDED
JUNE 1, 1953 IN BOOK 4874,
PAGE 143 OF OFFICIAL RECORDS.
»n**EXHIBIT "B DATE: DECEMBER 11, 2007
APPLICANT:
ROBERTSON FAMILY TRUST
P.O. BOX 4659
CARLSBAD, CA. 92018
(760) 594-4200
OPEN SPACE EASEMENT
f^/j. 200g,, t
GEORGE O'DAY. '
R. C.E. 3201 4L EXP. 12/31/08
ROBERTSON RANCH
MP 02-03
PR 06-143
SHEET 3 OF 7 SHEETS
A.P.N. 208-010-36
G:\011014\0114BZ33C.dwg Dec 20, 2007 8:50am
Xrefs: OlUbmao: 0114AMAP: 0114mao
6209
F/N 2Q01-0886Q85
100'
501
SCALE: 1" = 100'
SEE SHEET 7
2710 Loker Ave.
Suite 100
Carlsbad, CA
92010
760-931-7700Fax:760-931-8680
Tl A PUBLIC UTILITIES EASEMENT
IN FA VOR OF SDG&E RECORDED
JUNE 1, 1953 IN BOOK 4874,
PAGE 143 OF OFFICIAL RECORDS.
EXHIBIT "B"DATE: DECEMBER 11, 2007
APPLICANT:
ROBERTSON FAMILY TRUST
P.O. BOX 4659
CARLSBAD, CA. 92018
(760) 594-4200
OPEN SPACE EASEMENT
yj£^t^/jfr^M QIC. /X^*??
GEORGEODAY/f
R.C.E 32014(EXP. 12/31/08
ROBERTSON RANCH
MP 02-03
PR 06-143
SHEET 4 OF 7 SHEETS
A.P.M. 208-010-36
G:\011014\0114BZ33D.dwg Dec 11. 2007 4:27pm
Xrefs: OlUbmao: 0114AMAP: 0114mao
6210
PUBLIC UTILITIES EASEMENT
IN FA VOR OF SDG&E RECORDED
JUNE 1, 1953 IN BOOK 4874,
PAGE 143 OF OFFICIAL RECORDS.
PARCEL 2
ADJ. 01-13
01-66
F/N 2001-0866066
SEE SHEET J
N17'33'37"W
56.64'
CONSULT
N58V812T
135.03'
R=610.00'
L=1 25.97'
N2019'23"W
44.01' //
N16'41'57"E
15.96'//
SEE SHEET 6
DATE: DECEMBER 11, 2007
SHEET 5 OF 7 SHEETS
A.P.N. 208-010-36
NOOW'OO'E
33.62'
N4r07'17"E
127.81' X,'
2710 Loker Ave. 760-931-7700
Suite 100 Fax:
Carlsbad. CA 760-931-8680
92010 MnMEXHIBIT "B
APPLICANT:
ROBERTSON FAMILY TRUST
P.O. BOX 4659
CARLSBAD, CA 92018
(760) 594-4200
OPEN SPACE EASEMENT
R. C.
QUAYS '
32014 1 EXP. 12/31/08
ROBERTSON RANCH
MP 02-03
PR 06-143
G: \011014\0114BZ33E.dwg Dec 11, 2007 4:29pm
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6211
N41V7'17*E
127.81'
PARCEL 2An i /i-/ -/<?ADJ. 01-13 1700
01-66
F/N 2001-0886066
2710 Loker Ave. 760-931-7700
Suite 100 Fax:
Carlsbad, CA 760-931-8680
92010
A PUBLIC UTILITIES EASEMENT
IN FA VOR OF SDG&E RECORDED
JUNE 1, 1953 IN BOOK 4874,
PAGE 143 OF OFFICIAL RECORDS.
EXHIBIT "B"DATE: DECEMBER 11, 2007
APPLICANT;
ROBERTSON FAMILY TRUST
P.O. BOX 4659
CARLSBAD, CA. 92018
(760) 594-4200
OPEN SPACE EASEMENT
GEOi
R.C.32014 (EXP. 12/31/08
ROBERTSON RANCH
MP 02-03
PR 06-143
SHEET 6 OF 7 SHEETS
A.P.N. 208-010-36
G:\0110H\0114BZ33F.dwg Dec 11, 2007 4:31pm
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6212
SEE SHEET 4
PARCEL 2
ADJ. 01-13
C£ 01-65
F/N 2001-0866063N07'4855E
91.81'
N26'33'51"W
\\ 63.81'
N57-22'51"W
52.94'
0' 100'
50
SCALE: 1" = 100'
N55V4'52W
139.40'
H25'38J1 E
100.
CONSULT
2710 Loker Ave. 760-931-7700
Suite 100 Fax:
Carlsbad. CA 760-931-8680
92010 EXHIBIT "B - DECEMBER 11, 2007
OPEN SPACE EASEMENTAPPLICANT;
SHEET 7 OF 7 SHEETSROBERTSON FAMILY TRUST
P.O. BOX 4659
CARLSBAD, CA. 92018
(760) 594-4200
ROBERTSON RANCH
MP 02-03
PR 06-143
e.u* t-jU- 'fl
OVAtf
R.C.E. 32014. EXP. 12/31/08 A.P.N. 208-010-36
G: \011014\0114BZ33G.dwg Dec 11, 2007 4:37pm
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62134
CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT
This is to certify that the interest in real property conveyed by the Grant Deed of
Easement from the Robertson Family 1995 Trust 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: January 4. 2008
REISINGER,) Deputy Clerk