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HomeMy WebLinkAboutPR 12-09; County of San Diego; 2013-0091073: EasementNP pOCtt 2013-0091073 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 And a copy to: County of San Diego Real Estate Services (l\/IS0200) 5560 Overland Ave, Suite 410 San Diego, CA 92123 Attn: Thomas G. Harrington MAIL JM EXEMPT STATEMENTS TO: EXEMPT FEB 11, 2013 9:20 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE tmest J. Dronenburg, Jr., COUNTY RECORDER 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 ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 213-020-18 Project ID: Related Project ID: Related Project ID: Project Name: PR 12-09 2012-0099-A McClellan-Palomar Airport Sewer easement GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, County of San Diego, a political subdivision of the State of California the owner of real property described herein located in the City of Carlsbad, San Diego County, California 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 PUBLIC SEWER PURPOSES over, under, upon and across said real property, RESERVING THEREFROM the following rights and privileges: 1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incident of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using airspace taking off from, landing at or operating on McClellan-Palomar Airport. 2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs, or any other perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or above, the McClellan-Palomar Airport clear zone approach surface. 3. The right to require Grantee, at Grantee's sole cost and expense to remove, raze or destroy any of Grantee's facilities infringing upon or extending into said McClellan- Palomar Airport clear zone approach surface, together with the right to prohibit the future Q:\CED\l.anclDe\APROJECTS\PR\PR 12\PR 12-09 McClellan Palomar Airport - Rick\PR 12-09 Grant Deed of SEWER Easement City.doc REV 4/15/10 erection of buildings or other structures which would infringe upon or extend into said surface. The right to require Grantee, at Grantee's sole cost and expense, to mark and light as obstructions to air navigation, any and all of Grantee's facilities that may at any time project or extend above said surface. 5. The right of ingress to and egress from, and passage over the herein described easement, for the above purpose. Said easement is described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. DATED /7'/'9'/Z^ OWNER: County of San Diego, a political subdivision ofthe State of California By: ^-^T^^^^^^^f^ April F. Heinze, P.E.,<Dfrector frector Department of General Services STiM-E OF CALIFORNIA COUNTYOF SAN DIEGO SS / / 7 3 On before me, Thomas G. Harrington, Deputy County Qferk in and for said County and State, personally appeiared April F. Heinze, P.E., Director, Departrnent of General Services, who proved to me on the basis bf .satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowle^dged to me that she executed the s^me in her authorized capacity and by her signature on the instrumeirt the persons, or the entity upqn behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY uridar the laws ©f the State of California that the foregoing paragraph is true and correct. ^ O (seal) WITNESS my hand and official seal. Ernest J. Dronenburg, Jr., Assessor/Recorder/County Clerk By: . X: Thomas G. Harrington - Deputy Q:\CED\LandDe\APROJECTS\PR\PR 12\PR 12-09 McClellan Palomar Airport - Rick\PR 12-09 Grant Deed of SEWER Easement City.doc REV 4/15/10 2012-0099-A STATE OF CALIFORNIA COUNTY OF SAN DIEGO > SS On //- ^"20\7- before me, Robert W. Netherton, Jr., Deputy County Clerk in and for said County and State, personally appeared April F. Heinze, P.E., Director, Department of General Services, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and by her signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (seal) WITNESS my hand and official seal. Ernest J. Dronenburg, Jr., Assessor/Recorder/County Clerk By: Robert W. Nethertc(rK Jr. - Deputy EXHIBIT A PR 12-09 2012-0099-A LEGAL DESCRIPTION That portion of Lot "G" ofthe Rancho Agua Hedionda, in the County of San Diego, State of California, according to partition map thereof No. 823, filed in the Office ofthe County Recorder of said County, November 16, 1896, being an easement over a 20-foot strip of land, parallel to and measured at right angles to the following described centeriine: COMMENCING at the southeasterly terminus ofthe centeriine of a sewer easement described in the deed to the City of Carlsbad, a municipal corporation, recorded December 5, 2007, as Document No. 2007-0755945, filed in the Office ofthe County Recorder of San Diego County; being also a point along the northwesterly right-of-way line of Palomar Airport Road; Thence, along the northwesterly right-of-way line of Palomar Airport Road North 53°53'39" East 118.68 feet to the TRUE POINT OF BEGINNING; Thence, leaving said right-of-way line North 43°22'28" East 313.45 feet; Thence, North 78°59'17" East 126.47 feet to the northwesterly right-of-way line of said Palomar Airport Road, and the POINT OF TERMINUS. The sidelines of said 20-foot strip of land shall be prolonged and shortened so as to begin and terminate along the northwesterly right-of-way line of Palomar Airport Road. CITY OF OCEANSIDE HIGHWAY ..2? SITE. VICINITY MAP NOT TO SCALE POINT OF COMMENCEMENT LEGEND: EASEMENT PROPERTY LINE s SEWER LINE SCALE 1' = 100' 0 50 100 SHEET 1 OF 1 PROJECT NAME McCLELLAN-PALOMAR AIRPORT SEWER EASEMENT PROJECT NUMBER PR12-09 EXHIBIT B PLOTTED BY: SCOTT EVANS PLOT DATE:1/26/12 PATH:D:\DEVELOPUENT PR0JECJS\PR\PR12-09.DWG CERTIFICATION FOR ACCEPTANCE OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement for Public Sewer Punx>ses dated November 19, 2012, from County of San Diego, a political subdivision of the State of California to the City of Carlsbad, Califomia, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, Califomia, 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: February 4, 2013 (SEAL) '3 * '^3