The URL can be used to link to this page

Home My WebLink AboutPR 01-0019; MAG Property; 2002-0258808; Easement%corded at the request Qf Chicago Title 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 # 2002-0258808 MRR 27s 2002 4-59 PPI The undersigned grantor(s) Documentaty transfer tax is $0.00 ( ) computed on full value Rancho Santa Fe Road, PR 01-0019 ( ) computed on full value less value of liens and ( Unincoroorated area: (xl Ci of Carlsbad. and encumbrances remaining at time of sale. Assessots Parcel Nos: 223-050-58,223-050-70 Projed No. 8 Name: 3190 .I I GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MAG PROPERTY, a California general partnenhip hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carisbad, County of San Diego, State of California: a temporary easement for construction purposes over, under, upon and across the real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear, landscape, inspect, and maintain within the bounds of said easement for the following purpose: temporary construction area for drainage structures, excavation and embankment slopes, temporary material storage, street detours and other uses related to construction of the realignment of Rancho Santa Fe Road as described in Exhibit 'A" consisting of three (3) pages, attached hereto and made a part hereof. Exhibit 'B" consisting of four (4) pages is attached for clarity only. The Grantor hereby further offen to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of street and utilities. damages to Grantofs remaining property contiguous to the construction easement hereby The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all conveyed by reason of the location, construction, landscaping or maintenance of street and utilities. Ill Ill Ill Ill Ill 30325 This grant of easement is pucsuant to the provisions of that certain 'Irrevocable Offer to Dedicate 27, 1996 and recorded March 20, 1998 as File No. 1998-0152411 in the Office of the County Real Property" (IOD), PR 2.3.78, for temporary construction easement purposes dated November Recorder of San Diego County. The IOD is incorporated by reference in the '1996 Rancho Santa Fe Road Agreement Between City of Carlsbad and Real Estate Collateral Management for property described in the IOD, which changes are incorporated into this grant of easement. Company". This agreement anticipates and allows for changes to the legal description and plats Grantor knowingly waives any right to receive just compensation for the property tights conveyed by this easement. DATED + STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) On ~lrr(,L 7, JOUA before me, he32%m?an%ikf +h~ oez), kersonally appeared *eo orp A. # D- proved to me on the bask of raNe v c7 /x0 batisfactdry evidenc2 tobe:the person@) whose name@) to me that helskel(ky executed the same in h- idwe subscribed to e wthm mstrument and acknowledged authorized capac (1s). and that by he on the instrument 3l. e person@), or the entity upon behalf ' signature@) of which the person@) acted, executed the instrument. WITNESS m Signature: MAG PROPERTY, a California Oeneral partnership Name: FAMILY TRUST DATED OCTOBER 4, Crwe or Print) zoo1 Title: PARTNER Name: BER 4, Title: PARTNER :ALlFORNIA ALL-PURPOSE ACKNOWLEDGMENT ypersonally known to me 0 proved to me on the basis of satisfactory evidence to be the person@) whose name(s) idare 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 acted, executed the instrument. person(s), or the entity upon behalf of which the person(s) WITNESS my hand and official seal. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reanachment of this form to another document. Description of Attached Document litle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(@ 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General Title(s): 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 1896 National Notary Asmciahon * 8238 Remmet Ave., P.O. BOX 7184 * Canoga Park CA 91309-7184 Pmd. No. 5907 0 Individual 0 Corporate Officer 0 Partner - 0 Limited 0 General Title(s): 0 Attornev-in-Fact 0 Trusted 0 Guardian or Conservator 0 Other: Signer Is Representing: I I 30927 EXHIBIT “A MAG PROPERTY TEMPORARY CONSTRUCTION EASEMENT PR 01-0019 THAT PORTION OF SECTION 31, TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, AS DE- SCRIBED AS PARCEL “A OF CERTIFICATE OF COMPLIANCE RECORDED DE- CEMBER 15, 1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL RECORDS AND LYING NORTHEASTERLY OF A LINE BEARING NORTH 43’50’51”WEST HAV- ING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON ROS 12915, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4, 1990 AND THAT PORTION OF LAND AS CORDED JAN.30, 2002 AS FILE NO. 2002-0079622 OF OFFICIAL RE- CORDS MORE PARTICULARLY DESCRIBED AS PARCELS A AND B AS FOLLOWS: DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RE- PARCEL A THAT PORTION OF SAID LAND LYING WITHIN A 600.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 3.5 DIAMETER BRASS DISK IN A 2.5 X 4’ BOULDER STAMPED “LOMAX” PER R.O.S. 14310 FILED IN THE OFFICE OF THE COUNTY RECORDER SEPTEMBER 9, 1993; THENCE NORTH 79’05’25” WEST 56,764.62 FEET TO A 2.5 NUM ACCESS COVER PER ROS 14310; THENCE SOUTH 34’35’23” EAST 21,332.54 FEET TO A WELL MONUMENT AT THE CENTERLINE INTERSECTION OF LA COSTA AVENUE AND RANCHO SANTA FE ROAD MARKED 166+38.81 AS SHOWN ON IMPROVEMENT PLANS ON FILE AT THE CITY OF CARLSBAD AS 38’47’37” EAST (NORTH 38’50’03’’ EAST, RECORD PER ROS 12915) FROM A MENT PLANS AND SAID ROS 12915; THENCE CONTINUING NORTH 38’47’37” EAST 146.07 FEET TO THE BEGINNING OF A TANGENT 1,800.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43’48’07 A DISTANCE OF 1,376.08 FEET; THENCE TANGENT TO SAID CURVE NORTH 82’35’44” EAST 253.44 FEET TO THE INTERSECTION WITH THE LINE BEARING NORTH 43’50’51” WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON SAID ROS 12915, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 82’3544” EAST 31.09 FEET TO THE BEGINNING OF A TANGENT 2,400.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 2’47’41” A DISTANCE OF 117.06 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT “A”, TO WHICH A RADIAL LINE BEARS SOUTH 10’1 1’57” EAST; THENCE CONTINUING ALONG THE ARC OF SAID 2,400.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 31’20’46’’ A DIAMETER ALUMINUM DISK STAMPED “HPGN CA 11 07” SET INSIDE A 6” ALUMI- DWG. NO. 262-1 AND SAID ROS 12915, SAID MONUMENT BEARS NORTH WELL MONUMENT STAMPED 162+50.73 ALSO AS SHOWN ON SAID IMPROVE- F:\WINDATAWOBS\11932-1\MAG N REVC. CONST ESMT.0OC 1 OF3 ~ ~~~~~ 30928 DISTANCE OF 1,313.02 FEET TO AN INTERSECTION WITH THE NORTHWEST- ERLY PROLONGATION OF THAT PORTION OF THE NORTHEASTERLY LINE OF ANCE WHICH LINE HAS A BEARING OF NORTH 41’32’36”WEST (NORTH 41’31’39” WEST, RECORD PER ROS 12915). THE SIDELINES OF SAID 600.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHWESTERLY IN THE LINE BEARING NORTH 43’50’51’’ WEST HAVING A DISTANCE OF 1685.03 FEET (NORTH 43’50’00” WEST HAVING A DISTANCE OF 1685.42 FEET RECORD) AS SHOWN ON SAID ROS 12915 AND NORTHEASTERLY IN THE NORTHEASTERLY BOUNDARY OF SAID PARCEL OF LAND DESCRIBED AS PARCEL “A OF SAID CERTIFICATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915. THAT PARCEL DESCRIBED AS PARCEL “A OF SAID CERTIFICATE OF COMPLI- EXCEPTING THEREFROM THAT PORTION OF SAID 600.00 FOOT WIDE STRIP LY- ING WITHIN MAP 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 3. 1974. CONTAINING 11.923 ACRES MORE OR LESS PARCEL B THAT PORTION OF SAID LAND DESCRIBED IN WITHIN PARCEL “A” OF SAID CERTIFICATE OF COMPLIANCE AND LYING WITHIN A 300.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOL- LOWS: BEGINNING AT POINT “A” AS DESCRIBED IN PARCEL A ABOVE, TO WHICH A RADIAL LINE BEARS SOUTH 10’11’57” EAST; THENCE NORTH 10°11’28” WEST 300.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 10’11’28” WEST 171.75 FEET TO THE BEGINNING OF A TANGENT 700.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27’02’28” A DISTANCE OF 330.37 FEET TO THE SOUTHEASTERLY BOUNDARY OF SAID MAP 7950. THE SIDELINES OF SAID 300.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHEAST- ERLY BOUNDARY OF SAID MAP 7950, BEING THE NORTHWESTERLY BOUND- ARY OF SAID PARCEL OF LAND DESCRIBED AS PARCEL “A OF SAID CERTIFI- CATE OF COMPLIANCE AND SHOWN ON SAID ROS 12915, AND SOUTHERLY IN THE NORTHERLY LINE OF THE 600.00 FOOT WIDE STRIP OF LAND DESCRIBED HEREON AS PARCEL A. CONTAINING 1.408 ACRES MORE OR LESS F:\WINDATAWOBS\11932-I\MAG N REVC. CONST ESMT.DOC 2OF3 I THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAIN GROUND DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPRO- PRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION "SM138 IS 0.999941843 (SEE ROS 13928 FOR LOCATION). /& $4 GARY A. LIdTVEDT. L.S. No. 4593 - MY LICENSE EXPIRES: 9-30-02 F:\WINDATA\JOBS\11932-1\MAG N REVC. CONST ESMTDOC 3 OF3 I. 60' EASEMENT AND RIGHT OF WAY GRANTED 30938 THE BEARINGS AND DISTANCES SHOWN HEREON .TO THE COUNTY OF SAN DIEGO RECORDED JANUARY 21,1930 IN BOOK 1737, PAGE 4 OF ARE GRID, BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, NAD 83. TO OBTAlN GROUND DEEDS. DISTANCES, DIVIDE THE GRID DISTANCE BY THE APPROPRIATE COMBINATION FACTOR. THE COMBINATION FACTOR AT STATION "SM138" IS 0.999941843 (SEE ROS 13928 FOR LOCATION). 2. IOD'EASEMENT AND AN ADDITIONAL 20' ON EACH SIDE FOR TREE TRIMMING GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED APRIL 19,1954 IN BOOK 5208, PAGE 403 AND FEBRUARY 5,1954 IN BOOK 5132, PAGE 342, BOTH OF O.R. 3. 3O'EASEMENT GRANTED TO OLIVENHAN MUNICIPAL WATER DISTRICT RECORDED OCTOBER 27,1971 AS FILE NO. 247284 OF O.R. 4. 30' EASEMENT GRANTED TO OLlVENHAlN MUNICIPAL WATER DISTRICT RECORDED JULY 3,1972 AS FILE NO. 170416 OF O.R. 5. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE 1 RECORDED MAY 15, 1974 AS FILE NO. 74-126972 OF O.R. 5. AN EASEMENT GRANTED TO SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ZONE I RECORDED JANUARY -13,1977- AS FLLE NO. 77-074212- OF O.R. 7. AN EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED JULY 14,1977 AS FILE NO. 77-281161 OF O.R. 9. ID'PUBLIC UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950. 10.6D'ROAD EASEMENT GRA TED FOR THE CITY OF CARLSBAD RECORDED &bz3-(&-=! AS2@&G%&O.R. 11. A ROAD EASEMENT GR T D FOR THE CITY OF CARLSBAD RECORDED %!h&&@'& AS3LUiWI24UW.R. 12.A ROAD EASEMENT GR ED FOR THE CITY OF CARLSBAD RECORDED &LL&~!%- AS 2Q'&@2214 0. R . No. LS 4593 RANCHO SANTA FE ROAD PLAT FOR TEMPORARY CONSTRUCTION EASEMENT VlAG PROPERTY LECEM* a INDICATES PARCEL A TEMPORARY CONSTRUCTION EASEMENT INDICATES PARCEL B TEMPORARY CONSTRUCTION EASEMENT @ INDICATES EXISTING EASEMENT @ INDICATES PORTION OF LAND QUITCLAIMED PER DEED (SEE EASEMENT NOTES FOR DESCRIPTION) FILE N0.2&&W3kB O.R., RECORDED 9" &!.*4m @ INDICATES PORTION OF LAND QUITCLAIMED PER DEED wzam2 AS FILE ~0.ZOD33K!%9b2_2 O.R., RECORDED @ INDICATES P RTION OF LAND QUITCLAIMED P R DEED AS FILE NO.&QZ&2%'14 O.R.,RECORDED 1 4u. 14, ZQQ2L"- A WELL MONUMENT PER CITY OF CARLSBAD DWG. NO. 262-1 (R) RADIAL TPOB TRUE POINT OF BEGINNING 0 FOUND MONUMENT, AS NOTED SHEET I AYOUT \ NO SCALE PAREL A OF CERTIFICATE OF COMPLIANCE DOC. NO. 89-680019 AND ROS 12915 !p+ I L7 - DETAIL "6" NO SCALE 30931 RANCHO SANTA FE ROAD CONSTRUCTION EASEMENT 3190 PLAT FOR TEMPORARY PROJECT NO. MAG PROPERTY PR 01-0019 I I EXHIBIT \ f . -- --_I--- AVE, k-. "" _"- 200 200 SEE TIE ABOVE 932ml-O3.dgn SCALE: 1" = 200' RANCHO SANTA FE ROAD PLAT FOR TEMPORARY EXHIBIT PROJECT NO. CONSTRUCTION EASEMENT 3190 B MAG PROPERTY SHT.JOF4 PR 01-oo19 / I* , I / I .. 332m1-04. lm I I /' ' /' /I / / RANCHO SANTA FE ROAD CONSTRUCTION EASEMENT 3190 PLAT FOR TEMPORARY EXHIBIT PROJECT NO. B WG PROPERTY PR 01-0019 m.4OF4 - 30934 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated March 1.2002, from MAG Prooerty., 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: March 27.2002