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Home My WebLink AboutPR 01-001; Scott Family Trust; 2001-0271217; EasementllBylllll~IIl~lluuuu 2001-0271217 RECORDING REQUESTED BY: WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 6887 DOC # 2001-0271217 :r May OL 2001 II:17 AM OFFICIAL REcmDs W DIEGS CWTV IEURlER'S ilFfXE lIIEGw JGTH' T- oci 'M SPACE ABOVE THIS LINE FOR RECORDER’S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $o.oO/t v ( ) computed on full value of prope R4 y 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.: 215-240-51-00 Project No. & Name: PR 01-001 Scott Property Grading, Parcel 1 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, James H. Scott and Patricia L. Scott, as Co-Trustees under the James H. Scott Family Trust dated February 3, 1995 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 special 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 special 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!Masiers\Forms\Grant Deed of Easement - City 6/l/00 , 6888 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 as described in Exhibit “A” consisting of one (1) page, attached hereto and made a part hereof. Exhibit “IS” consisting of one (1) page is attached for clarity only. Co-Trustees under the James H. DATED dra*0 1 Scott Family Trust dated 2/3/1995 James H. Scott and Patricia L. Scott STATE OF CALIFORNIA ; By: COUNTY OF SAN DIEGO brum I r \ 60, ai1 before me, Name: ov p FiPCk (here insert name andtIe 0: the o icer , personally appeared he> H . , . * %fld t ~~K!l~~ l $(?& Title: personally known to me p m to be the person(s) whose name(s) i$mubscribed to the within instrument a to me that t&$e&&xecuted the same By: i authorized capacity(ies), and that by t&%/t@ James H. Scott (Type or Print) Co-Trustee (Type or Print) (Signature) 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. Name: Patricia L. Scott (Type or Print) Title: Co-Trustee (Type or Print) Word\Masters\Form\Grant Deed of Easement-City 6/l/00 6889 I’ TOAL ENGINEERING, INC. CIVIL ENGINEERS, LAND PLANNERS AND LAND SURVEYORS 139 AVENIDA NAVARRO l SAN CLEMENTE, CA 92672 (949) 492-8586 l FAX (949) 498-8625 e-mail: toalengineer@earthlink.net RAYMOND R. TOAL, RCE 16889 OLAV S. MEUM L.S. 4384 MICHAEL A. ROTH L.S. 6211 MAII.ING AIIDRESS PO. Box 387X SAN CLEMENK, CAI.IIX)I<NIA 92674 EXHIBIT “A” LEGAL DESCRIPTION OPEN SPACE EASEMENT FOR VEGETATION PURPOSES In the City of Carlsbad, County of San Diego, State of California, being that portion of Parcel 1, P.M. 16789 recorded in the office of the county recorder of San Diego County on February 27, 1992 as File No. 92-106082 in the book of Parcel Maps at page 16789, more particularly described as follows: Beginning at the most Northerly comer of said Parcel 1; thence Easterly along the Northerly lime of said Parcel 1 South 74”18’16” East 32.00 feet; thence South 06”52’52” West 128.33 feet; thence South 57”36’00” East 29.75 feet; thence South 22”38’57” West 35.89 feet to a point in the Southerly boundary of said Parcel 1; thence along said line North 77”53’40” West 66.06 feet to the most Westerly comer of said Parcel 1; thence North 12”00’34” East 165.83 feet; thence North 20”16’07” East 9.68 feet to the POINT OF BEGINNING. The above described easement covers 8,074 square feet (0.19 acres). AS:as 8153easel > c . ’ JOB 8 153 - J/M SCOTT TOAL ENGINEERING L 689o SHEET NO. 2 139 AVENIDA NAVARRO . .._ nF2 SAN CLEMENTE, CALIFORNIA 92672 CALCULATED BY AMa DATE 0 I-03-0 1 (949) 492-8586 CHECKED BY RRT 0 I-03-0 1 FAX (949) 498-8625 q-2, F I ‘I= 40’ N 20’16’07” E 9.66’ SKETCH TO ACCOMPANY LEGAL DESCRIPTION “EXHIBIT 8” N A PARCEL 3 P.M. 15678 PARCEL i P.M. 16789 c PARCEL 2 P.M. 16789 I I 30, I 60* TOAL /?CE f6889 !d Jon 3 11:19:21 2001 li 6892 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated February 20, 2001, from James H. Scott and Patricia L. Scott, as Co-Trustees under the James H. Scott Family Trust, to the City of Carlsbad, 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: April 18,200l JWCE BREITENFELD u Deputy City Clerk