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Home My WebLink AboutPR 01-09; Real Estate Collateral Management Company; 2002-0220021; EasementRECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD Carlsbad, CA 92008 1200 Carlsbad Village Drive MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare@): I 19 FEES: 30.00 - wen~~n~~~~n~~~~~~~~~~~~~~~nnl~ SPACE ABOVE THIS LINE FOR RECORDERS USE 2002-0220021 Assessor‘s Parcel Nos: 223-032-01,223-032-02. Documentary transfer tax is $o.00/1 223-050-65, 223-050-67 & 223-050-69 ( )computed on full value of prope rR“ conveyed, or Project No. & Name: Rancho Santa Fe Road, PR 01-0009 3190 ( )computed on full value less value of liens and ( ) Unincorporated area: (x) City of Carlsbad, and encumbrances remaining at time of sale. GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Delaware corporation 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 an easement for public street and public utility purposes over, under, upon and across the real California: property as described in Exhibit “A” consisting of four (4) pages, attached hereto and made a part further grants to the City of Carlsbad the right to extend and access drainage structures, excavation hereof. Exhibit “B consisting of eight (8) pages is attached for clarity only. The Grantor hereby and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said street and utilities, provided that no drainage structures, excavation and embankment slopes or access right shall encroach into the Conserved Habitat parcels as defined in the Habitat Conservation PlanlOn-going Multi-Species Plan dated June 1995. Access rights for drainage structures shall extend a minimum of ten feet (IO’) on either side of pipe outside diameters or outerwalls of box culverts and edges of rip rap fields and ten feet (IO’) beyond all inlet and outlet structures, including rip rap fields. Grantee and Grantor hereby acknowledge that a portion of Parcel B, described in said Exhibit “A“ , is intended as an interim road easement. right to eliminate such slopes andlor drainage structures or portions thereof, when in the written RESERVING unto grantor of the above described parcel of land, his successors, or assigns, the opinion of the City Engineer of Grantee, the necessity therefore is removed by substituting other protection, support andlor drainage facility, providing such substitution is first approved in writing by said Engineer. The Grantor hereby further offers to Grantee all trees, growths (growing or that may water, together with the right to use the same in such manner and at such locations as said Grantee hereinafter grow), and road building materials within said right-of-way, including the right to take may deem proper, needful or necessary, in the construction, reconstruction, improvement or hereby waives any claim for any and all damages to Grantor’s remaining property contiguous to the maintenance of said street and utilities. The Grantor, for himself, his successors and assigns, right-of-way hereby conveyed by reason of the location, construction, landscaping or maintenance of said street and utilities. PROVIDED FURTHER, Grantor and Grantee acknowledge that Parcel “B, as described in said Exhibit “A”, is an interim alignment for access to Rancho Santa Fe Road, Parcel “A” as described in said Exhibit “A”, and is anticipated to be replaced in part by access through Carlsbad Tract 99-04. An application for vacation of a portion of Parcel “8” may be submitted to the City of Carlsbad upon Tract 99-04 which dedicates to Grantee public access and public utility easements for Cadencia completion of the following: (1) recordation of a final subdivision map for that portion of Carlsbad N~rd\Ma~tem\Fms\Gnnt Dead of Earemant. city 6NOO 12547 Street, Paseo Capuchina and Camino Juniper0 to said Rancho Santa Fe Road, and (2) said streets have been improved as shown on signed City of Carlsbad Drawing No. 397-1 and said streets have been opened to use by the public for vehicular and pedestrian access. This grant of easement is pursuant to the provisions of that certain “Irrevocable Offer to Dedicate Real Property” (IOD). PR 3.4.174, for public roadway purposes dated November 27, 1996 and recorded March 20, 1998 as File No. 1998-0152408 in the Ofice of the County 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 Company”. This agreement anticipates and allows for changes to the legal description and plats for property described in the IOD, which changes are incorporated into this grant of easement. Grantor knowingly waives any right to receive just compensation for the property rights conveyed by this easement. STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) On before me, personally appeared ‘(here insert name and title of the officer), personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) to me that he/she/they executed the same in hislherltheir is/are subscribed to the within instrument and acknowledged 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. Signature: REAL ESTATE COLLATERAL MANAGEMENT COMPANY, a Title: u;‘.~ 6 . .. C/fld,, 75 (Type or Print) By: Name: (Signature) (Type or Print) Title: (Type or Print) 12548 EXHIBIT ”A R.E.C.M. RIGHT-OF-WAY EASEMENT PR 01-0009 THOSE PORTIONS OF SECTIONS 29,31 AND 32, 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, DESCRIBED AS PARCELS A AND B AS FOLLOWS: PARCEL A THAT PORTION OF SAID LAND LYING WITHIN A 126.00 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 ROS 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” MINUM ACCESS COVER STAMPED “HPGN CA 11 07” PER SAID 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 FICE OF THE COUNTY RECORDER OCTOBER 4,1990, SAID MONUMENT BEARS NORTH 38’47’37” EAST (NORTH 38’50’03’’ EAST, RECORD PER ROS 12915) PROVEMENT PLANS AND ROS; 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 284.53 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 THE TRUE POINT OF BEGINNING, HEREINAFTER REFERRED TO AS POINT “A”, A RADIAL LINE TO SAID POINT BEARS SOUTH 10’11’57” EAST; THENCE CONTINU- TRAL ANGLE OF 78’18’17” A DISTANCE OF 3,280.02 FEET; THENCE TANGENT TO SAID CURVE NORTH 1’29’46” EAST 674.78 FEET TO THE BEGINNING OF A TAN- ERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 33’10’39’’ A DISTANCE OF 1,389.73 FEET; THENCE TAN- GENT TO SAID CURVE NORTH 34’40’24’’ EAST 456.72 FEET TO THE BEGINNING OF A TANGENT 1,800.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE DIAMETER ALUMINUM DISK STAMPED “HPGN CA 11 07” SET INSIDE A 6 ALU- THE CITY OF CARLSBAD AS DWG. NO. 262-1 AND ROS 12915 FILED IN THE OF- FROM A WELL MONUMENT STAMPED 162+50.73 ALSO AS SHOWN ON SAID IM- ING ALONG THE ARC OF SAID 2,400.00 FOOT RADIUS CURVE THROUGH A CEN- GENT 2,400.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTH- F:\WINDATA\JOBS\11932-1\B OF A REVC. RW ESMTDOC 1 OF3 THROUGH A CENTRAL ANGLE OF 25’14’47” A DISTANCE OF 793.14 FEET TO THE TERMINUS OF THIS 126.00 FOOT WIDE STRIP. THE WESTERLY SIDELINE OF SAID 126.00 FOOT WIDE STRIP TO BE PRO- LONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN A LINE THAT BEARS NORTH 10’11’28” WEST FROM THE TRUE POINT OF BEGINNING. THE EASTERLY SIDELINE OF SAID 126.00 FOOT WIDE STRIP TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN ‘THE NORTHEASTERLY BOUNDARY OF THE PARCEL OF LAND DESCRIBED AS PARCEL “A OF CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 15,1989 AS DOCUMENT IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4, 1990 WHICH LINE HAS A BEARING OF NORTH 41’32’36” EAST (NORTH 41’31’39” WEST, RECORD PER ROS 12915). NUMBER 89-680019 OF OFFICIAL RECORDS AND SHOWN ON ROS 12915, FILED EXCEPTING THEREFROM THAT PORTION OF SAID 126.00 FOOT WIDE STRIP LY- ING WITHIN PARCEL “A OF SAID CERTIFICATE OF COMPLIANCE AND ALSO EX- CEPTING THAT PORTION OF LAND AS DESCRIBED IN QUITCLAIM DEED TO MAG PROPERTY RECORDED JAW. 3.2802 AS FILE NO. ZOOZ -00796ZZ OF OFFICIAL RECORDS . CONTAINING 17.164 ACRES MORE OR LESS PARCEL B THAT PORTION OF SAID LAND LYING WITHIN A 60.00 FOOT WIDE STRIP, THE CENTERLINE OF WHICH IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT POINT “A” AS DESCRIBED IN PARCEL A ABOVE, A RADIAL LINE TO SAID POINT BEARS SOUTH 10’1 1’57” EAST; THENCE NORTH 10’1 1’28” WEST 63.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 10’11’28” WEST 408.75 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 60.00 FOOT WIDE STRIP TO BE PROLONGED OR ERLY BOUNDARY OF SAID MAP 7950 AND SOUTHERLY IN THE NORTHERLY CEL A. SHORTENED SO AS TO TERMINATE NORTHWESTERLY IN THE SOUTHEAST- LINE OF THE 126.00 FOOT WIDE STRIP OF LAND DESCRIBED HEREON AS PAR- TOGETHER WITH THAT PORTION OF LAND LYING SOUTHWESTERLY OF A 25.00 GENT TO THE EASTERLY LINE OF THE ABOVE DESCRIBED 60.00 FOOT WIDE STRIP AND BEING TANGENT TO THE NORTHERLY LINE OF THE 126.00 FOOT WIDE STRIP OF LAND DESCRIBED ABOVE AS PARCEL A, SAID AREA BEING FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, SAID CURVE BEING TAN- F:\WINDATAUOBS\11932-1\B OF A REVC. RW ESMT.DOC 2OF3 12550 BOUNDED BY SAID EASTERLY LINE OF THE ABOVE DESCRIBED 60.00 FOOT WIDE STRIP AND BY SAID NORTHERLY LINE OF THE 126.00 FOOT WIDE STRIP OF LAND DESCRIBED AS PARCEL A. EXCEPTING THEREFROM THAT PORTION OF SAID 60.00 FOOT WIDE STRIP LY- ING WITHIN MAP 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER JUNE 3, 1974 AND THAT PORTION OF SAID 60.00 FOOT WIDE STRIP LYING WITHIN PARCEL “A OF CERTIFICATE OF COMPLIANCE RECORDED DECEMBER 15,1989 AS DOCUMENT NUMBER 89-680019 OF OFFICIAL RECORDS AND SHOWN ON ROS 12915, FILED IN THE OFFICE OF THE COUNTY RECORDER OCTOBER 4, 1990. CONTAINING 0.539 ACRES MORE OR LESS 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). p*;-l9/ GARY A. LINTVEDT. L.S. No. 4593 MY LICENSE EXPIRES: 9-30-02 F:\WINDATAUOBS\11932-1\B OF A REVC. RW ESMTDOC 3OF3 THE BEARINGS AND DISTANCES SHOWN HEREON ARE GRID, BASED ON THE CALIFORNIA COORDINATE DISTANCES, DIVIDE THE GRID DISTANCE BY THE SYSTEM, ZONE 6, NAD 83. TO OBTAN GROUND APPROPRIATE COMBINATION FACTOR. THE IS 0.999941843 (SEE ROS 13928 FOR LOCATION). COMBINATION FACTOR AT STATION "SM138" Ea INDICATES PARCEL A ROAD EASEMENT INDICATES ROAD PARCEL B EASEMENT INDICATES EXISTING EASEMENT (SEE EASEMENT NOTES FOR DESCRIPTION) INDICATES PORTION OF LAND QUITCLAIMED PER DEED AS FILE NO.-&W!U O.R., RECORDED .I8&3Q4BO2 INDICATES PORTION OF LAND QUITCLAIMED PER DEED 4 S FILE NO.~-LWZ%20.R., RECORDED e!k3Q*ZPOz INDICATES PORTION OF LAND QUITCLAMED PER DEED AS FILE NO.ZQO~OQZ~!LJ~ o.R., RECORDED JAN. i4, -2QDA"- WELL MONUMENT PER CITY OF CARLSBAD RADIAL SQUARE FOOT DWG. NO. 262-1 TRUE POINT OF BEGINNING FOUND MONUMENT, AS NOTED 4 FT LAYOUT NO SCALE / RANCHO SANTA FE ROAD PREPARE0 BY: PROJECT NO. EXH,BIT 3190 B ?EAL ESTATE COLLATERAL MPNAGEMENT COMPANY (R.E.C.M.) PR 01-0009 417.1 EASELENT: 1. 6O'EASEMENT AND RIGHT OF WAY GRANTED TO THE COUNTY OF SAN DIEGO RECORDED JANUARY 21, 1930 IN BOOK 1737, PAGE 4 OF DEEDS. 2. 100' 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 O.R. 3. 3O'EASEMENT GRANTED TO OLIVENHAN MUNICIPAL WATER DISTRICT RECORDED OCTOBER 27,1971 AS FILE NO. 247284 O.R. 8. AN EASEMENT GRANTED TO OLlVENHAlN MUNICIPAL WATER DISTRICT JULY 25, 1980 AS FILE NO. 80-233967 O.R. 9. 10' PUBLIC UTILITY AND TREE PLANTING EASEMENT DEDICATED ON MAP 7950. 12552 18. 2O'EASEMENT GRANTED TO VALLECITOS WATER DISTRICT RECORDED MARCH 24, 1992 AS FILE NO. 1992-0162736 O.R. 19. AN EASEMENT GRANTED TO VALLECITOS WATER DISTRICT RECORDED MARCH 24, 1992 AS FILE NO. 1992-0162737 O.R. 20.60'ROAD EASEMENT GRANTED TO THE CITY OF CARLSBAD RECORDED J&A'z3Q~ZWZ AS W?9QZX6a 0. R . OF CARLSBAD RECORDED hh!d~,&W2 AS 2LXX-99%Z.2 O.R. OF CARLSBAD RECORDED ~!L&Z~?QZ AS .Zm:@?.9l4 0. R . 21. A ROAD EASEMENT GRANTE TO THE CITY 22. A ROAD EASEMENT GRANT D TO THE CITY 10.200' EASEMENT AND AN ADDITIONAL 20' ON EACH SIDE FOR TREE TRIMMING GRANTED TO SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED MARCH 23, 1954 IN BOOK 5179, PAGE 433 O.R. 11. 200' EASEMENT AND AN ADDITIONAL 2O'ON EACH SIDE FOR TREE TRIMMING GRANTED SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED APRIL 19,1954 IN BOOK 5208, PAGE 399 O.R. 13.15O'EASEMENT AND AN ADDITIONAL 20' ON EACH SIDE FOR TREE TRIMMING GRANTED SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED OCTOBER 20, 1958 IN BOOK 7307, PAGE 304 O.R. 15.AN EASEMENT GRANTED TO OLlVENHAlN WATER DISTRICT RECORDED JULY 25, 1980 AS FILE NO. 80-233968 O.R. 16.AN EASEMENT GRANTED TO SAN MARCOS COUNTY WATER DISTRICT RECORDED SEPTEMBER 23,1980 AS FILE NO. 80-308501 O.R. 17.AN EASEMENT GRANTED TO SAN MARCOS WATER DISTRICT RECORDED SEPTEMBER 23.1980 AS FILE NO. 80:308502 O.R. 332r2-02.dan - RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT PROJECT NO. WH~B~T 3190 B IEK ESTATE COLLATERAL MANAGEMENT COWANY (R.E.C.H.) PR 01-0009 $++T.2OFO .. CERTIFICATE OF COMPLIANCE PARCEL A 89-680019 RANCHO SANTA FE ROAD I PLAT FOR ROAD EASEMENTI REAL ESTATE COLLATERAL MANAGEMENT COMPANY (R.E.C.M.) I 132r2-04.ddn I / RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT SEAL ESTATE COLLATERAL MANAGEMENT COWANY (R.E.C.M.) /I. ,' ,; SCALE: 1" = 200' 11 ll \I I 1 223-050-69 / \\ / \\ / \ \ r 12556 II II II I1 II / RANCHO SANTA FE ROAD PLAT FOR ROAD EASEMENT PROJECT NO. 3190 - REAL ESTATE COLLATERAL UCNAaKNT COMPANY (R.E.C.Y.) PR 01-0009 EXHIBIT W.70FB 12558 M 13156 200 IC SCALE: 1” = 200’ 12559 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 Xersonally known to me 0 proved to me on the basis of satisfactofy evidence to be the person@) whose namew is/- subscribed to the within instrument and acknowledged to me that he/sWtkq executed the same in hisltterttlnir authorized capacity@), and that by his/bMek signature@) on the instrument the person@+, or the entity upon behalf of which the person@ acted, executed the instrument. signature Of NDhN PYIIC OPTIONAL Though the inlonatiooo below is not requtrsd by law, it may prove valuable to perrons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Descri tion of Attached Document Document Date: Signer@) Other Than Na Capacity(ies) Claimed by Si 0 Individual 0 Corporate Officer - Title@): 0 Parlner - 0 Limited 0 Gen fl Attorney-in-Fact 0 Trustee 0 Guardian or Conservator Signer Is Representing: B 1999 ~atmwal Notary Associalion. 9350 De Solo We.. P.O. Box 2402. Chalswanh. CA 91313-2402. w.nalionalmW 0% Pmd. NO 590, Rmdder: Call Tall-Frae 1-Bw-876 12560 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated February 6,2002, from Real Estate Collateral Management Comuanv., 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 14.2002