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Home My WebLink AboutPR 01-001; Scott Family Trust; 2001-0271238; Easement6937 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 Jloc #I 2001-0271238 f; +lau 01s 2001 II=18 a7M oFF1c1cy REm MN DIEGD CWNTY RECORDER’S OfWE EREm f.!&mHI colyTYYRErn DCI ‘lib l~lululullulll~lullullullulu~l~~u~lulllu~l~u~ll SPACE _ __ _ _ _ _ . ..- mm..- . -. . m .tiwwm .,&I’S USE 2001-0271238 The undersigned grantor(s) declare s): Documentary transfer tax is $o.oO ( ) computed on full value of prop & 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.: 215-240-52-00 Project No. & Name: PR 01-001 Scott Property Grading, Parcel 2 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, James H. Scott and Patricia L. Scott, as Trustee of the James H. Scott Family Trust, established by Declaration of Trust dated January 19, 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 Carl.&ad. (D) that the terms, covenants and conditions set forth herein may be specifically enfor&&or enjoined by proceedings in the Superior Court of the State of California. The grant of this WordIMasters\Forrm\Grant Deed of Easement . City 6/l/00 _ ~ 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 “B” consisting of one (1) page is attached for clarity only. Trustees of the James H. Scott Familv DATED d *an -8 \ Trust, established b Declaration of* Trust, dated l/19/1995 James H. Scott and atricia L. Scott 4 (Name of Company) / STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) By: before me, Name: James H. Scott (Type or Print) (here insert name an personally appeared personally known to m) to be the person(s) whose name(s) &@ubscribed to the within instrument and acknowledged to me that l&timexecuted the same in his/f$~ authorized capacity(ies), and that by l-&/l$e@signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Title: By: Name: Trustee (Type or Print) (Signature) Patricia L. Scott (Type or Print) Title: Trustee (Type or Print) Word\MastersForm\Grant Deed oi Easement - City 6/l/00 6939 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, RCB 16889 OLAV S. MEUM L.S. 4384 MICHAEL A. Row L.S. 6211 MAII IN<, ADDRESS PO. Box 3878 SAN CLEMENTI:, CAI IFOKNIA 92674 EXHIBIT “A” LEGAL DESCRIPTION OPEN SPACE EASEMENT FOR VEGETATION PURPOSES In the City of Carl&ad, County of San Diego, State of California, being that portion of Parcel 2, 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 corner of said Parcel 2; thence Easterly along the Northerly line of said Parcel 2 South 77”53’40” East 27.50 feet; thence South 12”06’20” West 45.00 feet; thence South 02”34’26” East 11 .OO feet; thence South 10’47’58” East 67.85 feet; thence South 60”34’46” East 50.97 feet; thence South 14”3 1’08” East 4.32 feet; thence South 60”34’46” East 32.00 feet; thence South 18”40’39” West 18.46 feet; thence South 37’01’39” East 4 1.27 feet to a point in the Easterly boundary of said Parcel 2; said point being on a non-tangent curve concave Easterly and having a radius of 580.00 feet, a radial line through said point bears South 82”46’12” West; thence Southerly along said curve through a central angle of 06”08’04” an arc length of 62.10 feet; thence non-tangent to said curve North 64’57’49” West 161.79 feet; thence North Ol”O6’25” East 172.11 feet; thence North 12”00’34” East 44.27 feet to the POINT OF BEGINNING. The above described easement covers 17,056 square feet (0.39 acres). AS:as 8153ease2 ,- . ,. . JOB 8 I53 - JIM SCOTT TOAL ENGINEERING 6940 SHEET NO. 2 OF 2 139 AVENIDA NAVARRO SAN CLEMENTE. CALIFORNIA 92672 CALCULATED BY AM DATE 0 1 -03-0 1 (949) -492-8586 FAX (949) 498-8625 CHECKED BY RRT DATE 0 1 -03-0 1 .--,.*a r I I’= 40’ SKETCH TO ACCOMPANY LEGAL DESCRIPTION “EXHIBIT 8” N b I Pf m .J.B.\ !fls ‘7;;;;‘” ’ PARCEL 1 - P.M. 16789 I : 3 \ PARCEL 2 ‘sg, P.M. 16789 I 3 - -\: +(=---- . PARCEL 3 \d P.M. 15678 \‘F ’ \ r . r 6942 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 BREITENFELD /