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Home My WebLink AboutPR 2.3.118; HOFFMAN, JAY & MARION & HOFFMAN TRUST; 1997-0375383; Easement. . ->; ’ I w. 11 *. I RECORDING REQUESTED BY I AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, California 92008 MAIL TAX STATEMENTS TO: EXEMPT 38 ;qifp”gL prqQgc .jAH DISifl @dHTY RpCnRg@’1; 2FFjCE [;FE;”;”ni.; y 3 Mu;; 3. SgITHf gjj$T’r’ !?E.gj$Ek. FEES : g,oo k* 5 iL*“ *‘.LW 3 i;: g[ z Mk ~lllllll~llllnl~~~~~~~~~lll~l~lllillllllll~ I Sgacz above !!?is !be fcw Reccrder’s !!EB The undersigned grantor(s) declare(s): Assessor’s Parcel No. 207-101-19 Documentary transfer tax is $o.oO Project No. & Name PR 2.3.1 18 ( ) computed on full value of property conveyed, or Pacific Bell Mobile Services ( ) computed on full value less value of liens and GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAY F. HOFFMAN AND MARION D. HOFFMAN, HUSBAND AND WIFE, AS JOINT TENANTS, AND JAY FRANKLIN HOFFMAN AND MARYON DOOLEY HOFFMAN, CO-TRUSTEES, U.T.D. OCTOBER 2,1984 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: as an easement for OPEN SPACE purposes as described in Exhibit “A” consisting of one (I) page, attached hereto and made a part hereof. Exhibit “B consisting of one (1) page is attached for clarity only. Said Open Space Easement shall include the following terms, covenants and conditions: (I) A perpetual easement for open space over, upon, across and under the subject land and no building, structure or other thing whatsoever shaii be construct&, erected. placed 3: 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, erec?ed, 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 gravei 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, irrigation and their appurtenances as approved by the City Engineer and Planning Director of the City of Carlsbad. (9) That it shall not use the subject land for any purpose except as open space and for park and/or recreational purposes, without the written authorization of the City of Carlsbad or its successors or assigns. N:\MASTERS\FORMS\GRNTDEED.FRM Rev. 06/19/95 . G 9.1 ' 1. '5 ' W SY ,~ (C) That is shall not excavate or grade or permit any excavatin !P Jr 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 Planning Director of the City of Carlsbad. (D) That the terms, covenants and conditions set forth herein may be specifically enforced or enjoined by proceedings in the Superior Court of the State of California. The Grant of 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 s~bject 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 to ensure that the structure does not accidentally collapse on any future homes or buildings within the residentially zoned property surrounding the facility. The cultivation of agricultural crops, irrigation system and access roads, shall be permitted within the 30 foot easement. Upon any future termination of the Conditional Use Permit for the Personal Communication System Facility (CUP 95-01) and removai oi tne monopole, the 30 foot wide open space easement shall be quit-claimed per the procedures established by the City of Carlsbad and the underlying land allowed to develop per the property's General Plan land use designation. DATED d-u (\ e i 1 , \ 4 9 f] STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) (Signatdi) On before me, Name c&&Y2'$p~3 i]. &&"/&fi+~~: > (Name of Company) ) ~~2~m1&-z, A, 8 d&-&?m4 I> ' (Type or Print) (here insert name and title of the officer), personally appeared Title d?; 7 /.Lz&~-,, 7" , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/a:e subscribed to the within instrment 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), Name 11~~ /"" /k~#~~~&-d or the entity upon behalf of which the person(s) acted, ' (Type or Print) executed the instrument. WITNESS my hand and official seal. (Type or Print) Signature ~~~...r?-'~~-~~,~-~~~~~~~~~~ 4 :I I: -?I ,; &,& .- Title &&#7- "--7 L,5-7hh7 i (Signathe) PA Name/'i%!qp& /IpL/&, A-&&AJ k (Type or Priht) Title A- - "/*&ec~7Z%z- (Type or Print) N:\MASTERS\FORMS\GRNTDEED.FRM NamdL, ,~~e~~~~~ A4mp*~ / (Type or Print) Title /c .- d&dJsZz (Type or Print) Rev. 06/19/95 .: * 1.1. ' 11 L* I' w 40 m ALL PURPOSE ACKNOWLEDGEMENT tate of Ct.Li-4&,-*:L c 1 I CAPACITY CLAIMED BY 1 U 1 I SiGNER ounty of &h 0: G% - /.g 4i-t e-4 cu 6ctk n SS-Q 11, \G\q7 - before me, e i SfifiAnCC'K I fi&hJy fa6i';L DATE NAME, TITLE OF OFRCER, E.G. JAN Dd+. NOTARY WBUC ersonaliy appeared s=yF;-k;L:n aa$?twa =~.rd' jkwva~ Dwi?v \Ab-#h~~h , NAMEISI OF SIGELR(S1 I oved to me on the basis of satisfactory evidence to be the perso@ whose nam@ 'blare subscribed to' the within instrument and acknowledged to me that W.s&ithey executed the same in_ hisCkeF.ltheir authorized capaci 'es and that by bis+ber/their signatur 23 (s on the instrument the persod, or the entity upon behalf of which the person@ acted, executed the instrument. lba INDIVIDUAL(S1 lIn CoRWRATE OFFiCER(S) TITLE18 11 0 PARTNER(S1 1 10 ATTORNEY-IN-FACT '@ TRUSTEE(S1 SUBSCRIBING WITNESS GUARDlANlCONSERVATOR OMER: Witness my hand and official seal. I SIGNER' IS REPRESENTING: NAME OF PERSON(S1 OR EHTlWllESl I SIGNATURE OF NOTARY 4 ITENTlON MOTART: rJthaph th inlammion r.g- bdow i OPTIONALit CUM mwan hadrr*nt .~shn~ of * cuntium to umuhaizad doamm. 'HIS CERTIFICATE Title or Type of Doyment 6 rar~+ Dee& < &%mcv& " KJST BE ATTACHED Number of Pages 3 f ; nc.l.rdhq IKLJ fla% - Date of Document s-%a d. '- @4,%d&~ /i1\97 '0 THE DOCUMENT Signer(s) Other Than NamedAbov; ken- )ESCRIBED AT RIGHT: - A__ 7 -.a. ' W ". L 0 LA1 llYl I A ,- LEGAL DESCRIPTION OPEN SPACE EASEMENT DEDICATION P.R.2.3.118 BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 3451 FILED JANUARY 31, 1975 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO AS DESCRIBED IN DOCUMENT RECORDED SEPTEMBER 22,1982 AS FILWPAGE NO. 82-293260 OF OFFICIAL RECORDS OF THE COUNTY FIECBRDER OF SAN DiEGO COUNTY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 2 NORTH 83" 15' 14" EAST A DISTANCE OF 653.89 FEET (RECORD PER PARCEL MAP 3451, NORTH 83" 17' 35" EAST, 654.12 FEET) TO A POINT, SAID POINT BEING AN ANGLE POINT IN SAID NORTdERLY LINE; THENCE LEAVING SAD NORTHERLY LINE SOUTH 29" 13' 48" WEST A DISTANCE OF 168.89 FEET TO A POINT ON A 30.00 FOOT RADIUS CIRCLE, A RADIAL LINE TO SAID POINT BEARS NORTH 29" 13' 48" EAST; SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID CIRCLE THROUGH A emTw ANGLE OF 3600 00' ow AN ARC LENGTH OF 188.50 FEET TO THE TRUE FOlNT OF BEGINNING. SAID EASEMENT CONTAINS 2827.43 SQ. FT. LS 6622 Yqh L/ .. . > , ,'{ -. 1 u . ' . ... II 4 I:* 6 w 43 0 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or Jay F. & Marion D. Hoffman, Joint Tenants and easement, dated 6/11/97 , from Jav Franklin & Marvon Doolev Hoffman ~ Clo - Tr1& ees, to the City of 'Carlsbad, Qli.fornia, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91 -71 of the City of Carlsbad, adopted on March 5,1991, and the grantee consents to the recordation thereof by it's duly authorized officer. U.T.D. October 2, 1984 DATED: July 1, 1997 - 2. Q&&- ALETHA L. RAUTENKRANZ, city Clerk ,