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HomeMy WebLinkAboutPR 15-74; Presidio Mana Carlsbad 9 LLC; 2015-0417797; EasementDOC# 2015-0417797 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 Aug 06, 2015 03:24 PM OFFICIAL RECORDS Ernest J, Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PCOR: N/A PAGES: 7 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.: Project ID: Related Project ID: Related Project ID: Project Name: 167-250-06 & 167-531- _45 PR 15-74 Open Space Easement Afton Way GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Presidio Mana Carlsbad 9, LLC, a Delaware Limited Liability Company the owner of real property described herein located in the City of Carlsbad, San Diego County, California 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 Califomia: 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 conditional 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 conditional use permit issued pursuant to the zoning ordinance of the City of Carlsbad and excepting landscaping, in-igation and their appurtenances as approved by the City Engineer and City Planner of the City of Carlsbad. (B) that it shall not use the subject land for any purpose except as open space, 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 conditional 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 City Planner of the City of Carlsbad. (D) that the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by Q:\CED\LandDev\PROJECTS\PR\PR 15\PR 15-74 Open Space Easement Afton Way - Rick\Grant Deed of Easement City Openspace PR 15-74.docREV 01/25/13 Dated proceedings in the Superior Court of the State of California. The grant of this 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. Said real property is described as 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. OWNER: Presidio Mana Carlsbad 9, LLC, a Delaware limited liability company By: Presidio Merced Land IV Passive, LLC, a Delaware limited liability company Its: Manager ^r.'-AAMJAJ^ (Sfgnflep Michael M. Sullivan (Print Name Here) Manager (Title) By: (Sign Here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) 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:\CED\LandDev\PR0JECTS\PR\PR15\PR 15-74 Open Space Easement Afton Way - Rick\Grant Deed of Easement Cify Openspace PR 15-74.docREV 01/25/13 CAUFORNIA ALL-PUM>OSE ACKNOWnjaMUVKIIT CML CODE §1180 A notary public or ottier officer complettng this certificate verifies only the identity of the Individual who signed the document to whteh this certificate Is attached, and not ttte tnjthlulness, accuracy, or vatlcRty of that docunient. State of CBStfsmw- fVv IVA v\ trscfA ) County of \\UAA\A-t^\V^ ) On 1.7A3\S before me, NY>j^\AvAM\ , N(^VMfv;-i^\ Here Inseart Name and Titte of the Officer Date personally appeared Nante(s) ofSigner(s) virho proved to me on the basis of satisfactory evidence to be the pw8on(s) whose name(s) is/are subscribed to the within Instrument and acknowled^ to me that he/slra^hey executed the same in hls/her/thelr authorized capacityOes), and that by his/her/their signature(8) on the Instalment the per5on(s), or the entity upon behalf of which the persor^s) acted, executed the instrument. AMY SUNDEU. NOTARY PUBUC MINNESOTA 'MyCoi«nlMlnnE)<plt««J»niMI»«.llBO| I certify under PENALTY OF PERJURY under the laws of the State of-eattfefflla.that the.foregdng paragraph Is true and correct. ™^ -^^cs^"^ WITNESS my hand and official seal. Signature Sigrmwm of Notary Public Ptece Notaiy Seal Above — OPTIONAL Tfmugh this sectton Is optioned, completing this /n/wmatfon can deter alteration of the document or fmudulent reattachm^t of ^is form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pag%: Slgner(s) Other Than Named Above: Capactt^les) Claimed by Slgmr(s) Signer's Name: Document Date: • Corporate Officer - Title(s): • F^rtr»r — • Umited • General • Individual • Attorn^ In Fact • Trustee • Guardian or Conservator • Othen Signer Is Representing: Signer's Name: • Corporate Officer — Title{s): • • Partner - • Umited • General • Individual • Attomey In Fact • Trustee • Guardian or Conservator • Other Signer Is Representing: ©2014 NatkNial Notary Association • www.NationalNotary.OFg • 1-800-US NOTARY (1-800-876-6^7) Hem #5907 Q:\CED\LandDev\PROJECTS\PR\PR 15\PR 15-74 Open Space Easement Afton Way - Rick\Grant Deed of Easement City Openspace PR 15-74.docREV 01/25/13 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Amy Sundell Commission Number: -nZa. Date Commission Expires: January 31, 2020 County Where Bond is Filed: Hennepin Manufacturer or Vendor Number: Unknown (Located on both sides of the notary seal border) Signature: Citv of Carlsbad Place of Execution: Office of the Citv Clerk/Citv of Carlsbad Date: August 5. 2015 Rec. Form #R10 (Rev.7/96) EXHIBIT "A" LEGAL DESCRIPTION (Open Space Easement) PR 15-74 ALL THOSE PORTIONS OF LOTS 5 AND 6 IN FRACTIONAL SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL PLAT THEREOF, ALSO BEING DESCRIBED AS SLOPE EASEMENT, PARCEL 3 (EXHIBIT C) IN GRANT DEED TO THE CITY OF CARLSBAD, A MUNICIPAL CORPORATION OF THE STATE OF CALIFORNIA, SEPTEMBER 23, 1986 AS DOCUMENT NO. 86-420850 OF OFFICIAL RECORDS OF SAN DIEGO COUNTY, BEING MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 5 WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF CARLSBAD VILLAGE DRIVE (PREVIOUSLY ELM AVENUE 84.00 FEET WIDE) AS DESCRIBED IN PARCEL 4 (EXHIBIT A) IN SAID GRANT DEED TO THE CITY OF CARLSBAD; THENCE (1) ALONG SAID NORTHERLY LINE, SOUTH 88°39'12" EAST 275.77 FEET (275.78 FEET RECORD) TO THE SOUTHEASTERLY LINE OF SAID FRACTIONAL SECTION 32; THENCE (2) ALONG SAID SOUTHEASTERLY LINE, SOUTH 32°56'14" WEST 147.29 FEET TO SAID NORTHEASTERLY RIGHT-OF-WAY LINE; THENCE (3) ALONG SAID NORTHEASTERLY RIGHT-OF-WAY, NORTH 49°12'54" WEST 6.45 FEET TO THE BEGINNING OF A 892.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE (4) NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°43'10" (14°43'11" RECORD), AN ARC DISTANCE OF 229.16 FEET TO THE POINT OF BEGINNING. SAID EASEMENT CONTAINS 16,084 SQUARE FEET, MORE OR LESS AS MORE PARTICULARLY SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. RONALD L. HOLLOWAY DATI EXHIBIT "B" OPEN SPACE EASEMENT PR 15-74 SHEET 1 OF 1 PARCEL 1 PM 13126 -NORTHERL Y LINE OF THE SOUTHEASTERL Y UNE SOUTHERLY 100.00' OF LOT 5. OF FRACTIONAL SEC. APN 167-090-66 SOUTHERLY UNE SEC 32. TIIS. R4W, "SBM PORTION OF LOT 6, SEC 32 TIIS R4W, SBM APN 167-531-45 LOT 74 CT 83-20 MAP 11578 APN 167-531-45 PORTION OF LOT 6, SEC 32 TIIS, R4W. SBM LEGEND: 50* 25' 0' 50" SCALE: 1" = 50' - INDICATES OPEN SPACE EASEMENT 16.084 SQ.FT. (0.369 ACRES) P.O.B. - POINT OF BEGINNING ( ) - RECORD DATA PER DOC §86-420850 OF OFFICIAL RECORDS. 5115 AVENIDA ENCINAS SUITE "L" CARLSBAD. CA. 92008-4387 (760) 931-8700 LEGAL DESCRIPTION PLAT FOR "OPENSPACE EASEMENT" CERTIFICATION FOR ACCEPTANCE OF GRANT DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement, dated August 5, 2015, from Presidio IVIana Carlsbad 9, LLC, 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: Augusts, 2015 Shelley Collin Assistant City