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HomeMy WebLinkAboutPR 12-17; |Bernard, Floyd and Lynn|Chestnut Carlsbad LLC|Fornal, Curtis and Kathleen|; 2013-0451273; Easement4 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT DOCtt 2013-045 lllllllllllllllll lllllllllllllllllllllllllllllllllllllllllllll 273 JUL 19, 2013 10:08 AM •FFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnesU. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 OC: NA PAGES: Thie undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property convey&cr, 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.: 167-080-41-00 Project ID: Related Project ID: Related Project ID: Project Name: Widening PR 12-17 (PRI 20017) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of wiiicii is hereby acknowledged, Chiestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 1/2 interest and Floyd Jr. & Lynn Bernard an undivided 1/2 interest. hereby GF^ANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: a TEIVIPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said 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 as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad accepts the improvements for El Camino Real Road Widening. ^ (Sign Here),-— DATED MA^CLJ^ 2 ^SS (NOTARIAL ACKNOWLEDGMENT OWNER(S) MUST BE ATTACHED.) OF EXECUTION BY ' /Drirtt Momo UloraN (Print Name Here) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. ^ ^^^^^^^^ (Print Name Here) (Title) Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamaracl< to Chestnut\Property AquisitionXHalf Vested\Granf Deed of Easement City Slope Construction, revised 4-15-10 (Half Vested) LOT 24.docx REV 4/5/10 CALiroRNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -S> <9 T)/^gO } Qn /Y<^/"' ^,2.0(^ beforeme, Qa^g K«« Insert Name and TIHe <^ ttte Offlcer personally appeared ( t l^^ame<s)ofSlgner($) SHELLY R. RAMING Commission No. 1878924 n NOTARY PUBLIC-CAUFORNIA 1 SAN DIEGO COUNTY < My Comm. Expires February 2,2014 \ Rac» Notary Seal Mx>v8 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-i9/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in WsA^er/their authorized capacity(ies), and that by Ns^ier/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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. WITNESS my^l^nd and officiaLsgal. Signature OPTIONAL Signature at Notary Notary Public ^ Though the information below is not required by iaw, it may prove valuable to persons relying on the document and wuld prevent fraudulent removal and reattachment of this form to another document Descriptlori of Attached Document Title or Type of Document: . Document Date: — Number of Pages: Signer(s) Other Than Named Above: Cap8city(fe8) Claimed by SignerCs) Signer's Name: • individual • Corporate Officer —Title(s): • Partner — • Umited • General • Attomey in Fact • Trustee • Guardian or Conservator • aher: Signer is Representing: , RIGHT THUMBPRINT OF SiGNER Tdp of thumb here Signer's Name: • Individual • Corporate Officer—Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of Ihurnb here Signer Is Representing:. ©2007Nrtior«alN<toryAasociatk)n»9350 De Soto Aw./P.O.Box2402 91313-2402»www.NatiwalNotary,org tem#5907 ReordenCalToB-Frse 1-800-876-6^ Q:\EngineeringStiared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to Chestnut\Property Aquisition\Half Vested\Grant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vested) LOT 24.docx REV 4/5/10 CALiroRNIA ALL-PURroSE ACKNOWLEHaiiENT } State of California County of ^SfiTLOie^I On Dl iiizj beforeme, Tnn\ LMir^ex-fmn.blpfaAsj Public. •— ' (Me ^ ^ ^ ^ personally appeared I iiKaiiiiiilffliii^thiiOwiftw r-^^ TONI L. MINERMAN 2 COIVIM. # 1913351 0 I NOTARY PUBUC - CAUFORNIA SAN DIEGO COUNTY 0 COMM. EXPIRES NOV. 15. 2014 t who proved to me on the basis of satlsfectory evidence to be the person(s) whose name(s) is/are subscriiied 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 person(s), or the entity upon behalf of which the person(s) acted, executed the instalment. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seai. Place Notary Seal Atx»fe Signature. OPTIONAL Thm^h the infonmtim bekm is not required lyy lm, it may prove valuaUe to persons refying on (he document and couki prmmnt fraudulent removal and reattachment of this fonn to another document Description of Attached Document Title or Type of Document: . . _ . — Document Date: __™™__™™™_„_ _™.—_—— Number of Pages: Signer(s) Other Than Named Above: Capac»ty{le») Claimed by Signer{s) Signer's Name: • Individual Corporate Officer — Title{s): • Partner —• Umited O General • Attorney in Fact • Trustee • Guardian or Consen/ator • Other; Signer Is Representing:, . ^IGHl THUfvlBPRiNT OF SIC5NER Top of ttiumb here Signer's Name: • Individual • Corporate Officer—Title(s): . • Partner — • Umited O General • Attorney in Fact • Trustee • Guardian or Conservator • Other: ^ RIGHTTHUMBPRINT OF SIGNER Top GI ttiumb here Signer Is Representing:. ©2007Na*)n!^No»iyAs80(^Sai'^Dei^ nemt6907 Reofder.<:^ltol-l=iwl-a0O«76-6827 Q:\EngineerlngShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to ChestnutVProperty Aquisition\Half Vested\Grant Deed of Easement City Slope Constmction, revised 4-15-10 (Half Vested) LOT 24.docx REV 4/5/10 5) A 5) EXHIBIT "A LEGAL DESCRIPTION APN 167-080-41 (FORNAL & BERNARD) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 24 OF CHESNUT HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5328, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 17, 1964 AND MORE PARTICUURLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 25; THENCE ALONG LINE OF SAID LOT 25, SOUTH 89'46'43" EAST A DISTANCE OF 170.81 FEET TO OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, NORTH 15*15'39" WEST 63.22 FEET; THENCE NORTH 13* 18'10" WEST A DISTANCE OF 83.20 FEET; 12*09'30" WEST A DISTANCE OF 83.56 FEET; THENCE NORTH 72*43'2r' EAST 4.53 FEET; THENCE SOUTH 17'16'39" EAST A DISTANCE OF 235.70 FEET TO THE OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25, NORTH A DISTANCE OF 20.95 FEET TO THE TRUE POINT OF BEGINNING. THE NORTHERLY THE TRUE POINT A DISTANCE OF THENCE NORTH A DISTANCE OF NORTHERLY LINE 89'46'43" WEST CONTAINING 3,177 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE L LOWERS, ROE 25493 REGISTRATION EXP.: 3-31-14 DATE EXHIBIT "B" OWNER: CURTIS & KATHLEEN FORNAL FLOYD C. JR & L BERNARD 3910 CHAPMAN STREET. SUITE A SAN DIEGO. CA 92110 VICINITY MAP NOT TO SCALE BASIS OF BEARING: THE NORTHERLY UNE OF LOT 25 AS SHOWN ON MAP 5328, I.E. N 89*46'43'\V LEGEND: ( ) P.O.B. AREA OF EASEMENT 3,177 SQ. F ± OR 0.07 ACRES INDICATES RECORD BEARING POINT OF BEGINNING PREPARED BY O^^NpER THE SUPERVISION OF: MONTE L. BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 DATE ^^^^^^ CITY OF CARLSBAD ^^^^^^ EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-41 •BUREAUH EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-41 BVERITAS • DRAWN BY: SS DATE: 12-20-10 SCALE: 1"=100' SHEET NO. 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bur6auveritas.com CHECKED BY: OA DATE: 12-20-10 1 OF 2 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bur6auveritas.com APPROVED BY: SS DAIE: 12-20-10 1 OF 2 EXHIBIT "B" LINE TABLE LINE BEARING LENGTH Ll N 15*15'39" W 63.22' L2 N 13'18'10" W 83.20' L3 N 1Z09'30" W 83.56' L4 N 72*43'21" E 4.53' L5 N 17*16'39" W 235.70' L6 N 89*46'43" W 20.95' SCALE: 1" = 100' CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCa NO. 167-080-41 B V iE R 1 T A S B DRAWN BY: SB DATE: 12-20-10 SCALE: 1"=100' SHEET NO. San Diego, CA 92127-1624 TBI: (858) 451-6100 Fax: (858) 451-2846 www.us.bureauveritas.com CHECKED BY: OA DATE: 12-20-10 2 OF 2 San Diego, CA 92127-1624 TBI: (858) 451-6100 Fax: (858) 451-2846 www.us.bureauveritas.com APPROVED BY: SS DATE: 12-20-10 2 OF 2 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES dated March 4.2013, from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fomal an undivided Vz interest and Flovd Jr. & Lvnn Bernard and undivided Vi interest to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9, 2013, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11.2013 JINGER, Seni9f Deputy Clerk