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Home My WebLink AboutPR 2.3.78; Real Estate Collateral Management Company; 1998-0152411; Easement' YkORDED REQUEST OF f * SUBDIVISION MAPPING DEFT. First American Title A~D WHEN RECORDED PLEASE MAIL TO: Citv Clerk I Mar 20- 1998 2r38 PM CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 ---, 623 MAIL TAX STATEMENTS TO: EXEMPT ,, , . . . ,- , . . . . bJ' The undersigned grantor(s) declare(*): ( ) computed on full value of property conveyed, or Documentary transfer tax is $0.0 ( ) computed on full value less value of liens and encumbrances remainino at time of sale. APN 223-05058 & 70: 223-060-31 & 32 Project No. & Name PR 2.3.78 Rancho Santa Fe Road Finance Aareement ~ ~~~ ~~~~~~ ~~~ ~~ ~ ( ) Unicorporated area: (x) &y of Cahbad, and IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY Real Estate Collateral Management Company, A Delaware Corporation, successor in interest to FieldstoneLa Costa Associates Limited Partnership, a California Limited Partnership which acquired the right to dedicate portions of Parcels M6 and M7, hereinafter described, from MAG Properties by Grant of Easement document dated January 11,1990 and recorded February 1,1990 as Doc. No. 90-057463 Official Records, San Diego County, and which reserved the sole right and power to dedicate portions of Parcels M6 and M7 and all of Parcel M8 hereinafter described, in Grant Deed dated January 11,1990 and recorded February 1,1990 as Doc. No. 90-057460 Official Records, San Diego County ofthe hereinafter described real properly, and for a valuable consideration, hereby makes an Irrevocable Offer of Dedication hereinafter designated Grantor, represents that they are the persons owning the right to grant said Irrevocable Offer to Dedicate to the City of Carlsbad, a Municipal Corporation hereinafter designated Grantee, its successors and assigns, a temporary construction easement upon, through, under, over and across the hereinafter described real properly for the following purpose: TEMPORARY CONSTRUCTION AREA FOR DRAINAGE STRUCTURES, EXCAVATION AND EMBANKMENT SLOPES, TEMPORARY MATERIAL STORAGE, STREET DETOURS AND OTHER USES RELATED TO CONSTRUCTION OF THE REALIGNMENT OF RANCHO SANTA FE ROAD The real properly referred to above is situated in the City of Carlsbad, County of San Diego, State of California and is described in Exhibit"A" consisting of four (4) page(@, attached hereto and made a part hereof. Exhibit "B consisting of three (3) page@) is attached for clarily only. The Grantor hereby further offers to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary, in the construction, reconstruction, improvement or maintenance of street and utiliies. The Grantor, for himself, his successors and assigns, hereby waives any claim for any and all damages to Grantor's remaining property contiguous to the construction easement hereby conveyed by reason of the location, construction, landscaping or maintenance of street and utilities. This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may only be accepted by the City Council of the City of Carlsbad for that portion for which a road construction contract has been awarded. The accepted easement shall be extinguished at such time as a Certificate of Completion is filed by the City of Carlsbad for said construction contract. This Offer of Dedication may be terminated and the right to accept the offer may be abandoned in accordance with the Summary vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the City Council of the City of Carlsbad. r- 624 PR 2.3.78 This Offer of Dedicatkn shall be irrevocable and shall be binding on the Grantor its heirs, executors. administrators, successors and assigns. In Wtness Whereof, the Grantor has caused this Irrevocable Offer of Dedication to be executed this - day of 199A. Real Estate Collateral Manaaement Comoanv. STATE OF CALIFORNIA COUNTY OF SAN DIEGO Name 1kf-V R .hi-; (Type or Print) Title hs. \]1LE (Type or Print) c Onu,.dcr 4. (996 beforeme,c;k 2. C hrc-s-h’n 45 m (here insert name and We of the officer), penonally appeared Ye TW 4. h dc t 4w.te 5 YpeYs&6Kg;kRGdvn to me (or proved to me on the basis of satisfactory evidence) to be the pekon(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislherltheir authorized capacityues), and that by his/her/their signature@) on the instrument the person@), or the entity upon behalf of which the person(s) acted, WITNESS my hand and official seal. executed the instrument. Signatu (Seal) I certify on behalf of the Ci Council of the City of Carlsbad pursuant to Authority conferred by Resolution of said Council adopted on 12 7 10196 that the City of Carlsbad consents to the making of the foregoing Irrevocable Offer and consents to recordation thereof. Dated 2/31 9 7 MAIL THIS STATEMENT AS DIRECTED ABOVE EXHIBIT "A" 625 TEMPORARY CONSTRUCTION EASEMENT ~~~ ~ PARCEL M6; AN EASEMENT BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA AND BEING RECORDED JULY 2, 1982 AND DOCUMENT NUMBER 89-680019 RECORDED DEC. 15, 1989 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LAND AS SHOWN IN CERTIFICATES OF COMPLIANCE PER DOCUMENT NUMBER 82-207275 BEGINNING AT THE SOUTHERLY TERMINUS OF THAT COURSE AND DISTANCE DESIGNATED AS "NORTH IO" DECEMBER 15, I989 AS FILEPAGE NO. 89-680019 OF OFFICIAL RECORDS, ON FILE IN THE OFFICE OF THE 10'27" WEST, 474.67 FEET IN THE NORTHERLY BOUNDARY OF A CERTIFICATE OF COMPLIANCE RECORDED COUNTY RECORDER OF SAID COUNTY: THENCE ALONG SAID BOUNDARY 1. NORTH IO" 10'27" WEST 2. WESTERLY 3. SOUTH 82" 37' 10" WEST 4. SOUTHERLY 5. SOUTHERLY 6. NORTH 46" 10' 00" EAST 7. EASTERLY 8. NORTH 82" 37' 10" EAST 9. EASTERLY IO. SOUTH IO" 10 27" EAST 63.00 FEET 113.95 FEET 314.74 FEET 540.29 FEET 177.38 FEET 617.45 FEET 202.79 FEET 314.74 FEET 102.39 FEET 237.00 FEET TO A POINT ON THE ARC OF A NON-RADIAL 2,337.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH IO" 10' 27" EAST; SAID POINT BEING THE TRUE POINT OF BEGINNING THENCE LEAVING SAID BOUNDARY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02" 47' 37"; THENCE TO THE BEGINNING OF A TANGENT 1,826.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 16" 57' I I", TO A POINT OF COMPOUND CURVATURE OF A 1,700.00 FOOT RADIUS ARC OF SAID CURVE CURVE CONCAVE SOUTHEASTERLY: THENCE ALONG THE THROUGH A CENTRAL ANGLE OF 05" 58' 42" : THENCE TO A POINT ON A NON-RADIAL 2,063.00 FOOT RADIUS CONCENTRIC WITH AND 237.00 FEET NORTHERLY OF THAT CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING CERTAIN CURVE DESCRIBED HEREIN AS COURSE NO. 4, A RADIAL LINE TO SAID POINT BEARS NORTH 13" 00' 46" WEST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05" 37' 56" TO A LINE THAT IS PARALLEL WITH AND 237.00 FEET NORTHERLY OF THAT CERTAIN LINE DESCRIBED HEREIN AS COURSE NO. 3; THENCE TO THE BEGINNING OF A 2,100.00 FOOT RADIUS CURVE CONCAVE NORTHERLY,SAID CURVE BEING CONCENTRIC WITH AND 237.00 FEET NORTHERLY OF THAT CERTAIN ALONG THE ARC OF SAID CURVE CURVE DESCRIBED HEREIN AS COURSE NO. 2; THENCE THROUGH A CENTRAL ANGLE OF 02" 47' 37" TO SAID NORTHERLY BOUNDARY; THENCE ALONG SAID BOUNDARY TO THE TRUE POINT OF BEGINNING. TOGETHER WITH THE RIGHT TO EXTEND AND MAINTAIN DRAINAGE STRUCTURES AND EXCAVATION AND EMBANKMENT SLOPES BEYOND THE LIMITS OF THE RIGHT-OF-WAY DESCRIBED HEREIN, WHERE REQUIRED PARCL-M6.M ReviaEd 1Z4M Page 1 of 4 PR 2.3.78 P 5 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION AND MAINTENANCE. CONTAINING 4.618 ACRE MORE OR LESS TOGETHER WITH; 626 PARCEL M7 AN EASEMENT BEING IN THE CrrY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND BEING AND DOCUMENT NUMBER 89-680019 RECORDED DEC. 15,1989 OF OFFICIAL RECORDS, MORE PARTICULARLY PORTIONS OF CERTIFICATES OF COMPLLANCE PER DOCUMENT NUMBER 82-207275 RECORDED JULY 2,1982 DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY END OF THE NORTHERLY LINE OF CERTIFICATE OF COMPLIANCE RECORDED DEC. 15,1989 AS FILE NO. 89-680019 O.R., THENCE ALONG SAID NORTHERLY LINE 1. SOUTH 64" 50' 25" EAST 2. SOUTHWESTERLY 3. SOUTH 82" 37' 10" WEST 4. SOUTHWESTERLY 5. SOUTHWESTERLY 6. SOUTH 38" 50' 03" WEST 7. NORTH 51 09' 57" WEST 8. NORTHWESTERLY 9. NORTH 38" 50' 03" EAST 256.00 FEET 171 0.47 FEET 314.74 FEET 545.25 FEET 533.62 FEET 146.57 FEET 230.36 FEET 6.74 FEET 145.57 FEET TO A POINT ON A NON-TANGENT 2,700.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 43" 40 40" EAST; THENCE LEAVING SAID NORTHERLY LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36" 17' 50"; THENCE TO THE BEGINNING OF A TANGENT 1,463.00 FOOT RADIUS ARC OF SAID CURVE CURVE CONCAVE SOUTHEASTERLY, THENCE ALONG THE THROUGH A CENTRAL ANGLE OF 21" 21' 14"; TO THE BEGINNING OF A COMPOUND 1,363.00 FOOT RADIUS WHICH BEARS NORTH 28" 44' 04" WEST; THENCE ALONG CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22" 25' 53"; THENCE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF LA COSTA AVENUE PER DOCUMNET NO. 77-261161 RECORDED JULY 7, 1977; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE TO THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE LEAVING SAID NORTH RIGHT-OF-WAY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15" 26' 20" TO A LINE CERTAIN LINE DESCRIBED HEREIN AS COURSE NO. 6; PARALLEL WITH AND 237.00 FEET WESTERLY OF THAT THENCE TO THE BEGINNING OF A TANGENT 1,600.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, SAID CURE BEING CONCENTRIC WITH AND 237.00 FEET WESTERLY OF THAT THENCE ALONG THE ARC OF SAID CURVE CERTAIN CURVE DESCRIBED HEREIN AS COURSE NO. 5; PARCL"8.M Revisad 12" Page 2 Of 4 PR 2.3.78 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT 626.40 FEET THROUGH A CENTRAL ANGLE OF 22' 25' 53" TO THE BEGINNING OF A COMPOUND 1,700.00 FOOT CURVE CONCAVE SOUTHEASTERLY, SAID CURVE BEING CONCENTRIC WlTH AND 237.00 FEET NORTHERLY OF THAT CERTAIN CURVE DESCRIBED HEREIN AS COURSE NO. 4, A RADIAL LINE TO WHICH BEARS NORTH 28" 44' 04" WEST ; THENCE ALONG THE ARC OF SAID CURVE 633.58 FEET THROUGH A CENTRAL ANGLE OF 21" 21' 14" TO A LINE PARALLEL WITH AND 237.00 FEET NORTHERLY OF THAT THENCE ALONG SAID LINE CERTAIN LINE DESCRIBED HEREIN AS COURSE NO. 3 314.74 FEET TO THE BEGINNING OF A TANGENT 2,463.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY SAID CURVE BEING CONCENTRIC WlTH AND 237.00 FEET NORTHERLY OF THAT THENCE ALONG THE ARC OF SAID CURVE CERTAIN CURVE DESCRIBED HEREIN AS COURSE NO. 2; IO. NORTHEASTERLY 11. NORTHEASTERLY 12. NORTH 82" 37' 10" EAST 13. NORTHEASTERLY 1,467.89 FEET THROUGH A CENTRAL ANGLE OF 34" 08 49" TO THE POINT OF BEGINNING. CONTAINING 17.519 ACRE MORE OF LESS TOGETHER WITH; PARCEL M8 AN EASEMENT BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA AND BEING A PORTION OF LAND AS SHOWN IN CERTIFICATE OF COMPLIANCE PER DOCUMENT NUMBER 89480019 RECORDED DEC. 15,1989 OF OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY TERMINUS OF THAT COURSE AND DISTANCE DESIGNATED AS "NORTH IO" IO' 27" WEST, 474.67 FEET IN SAID CERTIFICATE OF COMPLIANCE; THENCE ALONG SAID BOUNDARY 1. NORTH IO" IO' 27" WEST 300.00 FEET TO A POINT ON THE ARC OF A NON-RADIAL 2,100.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH IO" IO' 27" EAST; THENCE LEAVING SAID BOUNDARY ALONG THE ARC OF SAID CURVE 2. WESTERLY 30.00 FEET THROUGH A CENTRAL ANGLE OF 00" 49' 07" TO THE TRUE ARC OF SAID 2,100.00 FOOT RADIUS CURVE POINT OF BEGINNING ; THENCE CONTINUING ALONG THE 3. WESTERLY 72.39 FEET THROUGH A CENTRAL ANGLE OF 01 58 30"; THENCE 4. SOUTH 82' 37' 10" WEST 47.71 FEET THENCE; 5. NORTH IO" 10'27" WEST 325.52 FEET MORE OR LESS TO A POINT ON THE EASTERLY RIGHT-OF- WAY LINE OF RANCHO SANTA FE ROAD AS DEDICATED ON MAP 7950, RECORDED IN THE OFFICE OF THE COUNTY RIGHT-OF-WAY LINE RECORDER OF SAN DIEGO COUNTY; THENCE ALONG SAID Page 3 of 4 PR 2.3.78 -+ 628 EXHIBIT "A" TEMPORARY CONSTRUCTION EASEMENT 6. NORTH 46" 10' 00" EAST 120.46 FEET 7. NORTHEASTERLY 89.85 FEET 8. SOUTHERLY 281.33 FEET 9. SOUTH IO" 10'27" EAST 174.46 FEET CONTAINING 1.101 ACRE MORE OF LESS TO THE BEGINNING OF A TANGENT 1,520.00 FOOT RADIUS CURVE CONCAVE NORTHWEST; THENCE CONTINUING SAID CURVE THROUGH A CENTRAL ANGLE OF 03" 23' 13" TO A POINT ON EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22" 04' 5170 A LINE PARALLEL WITH AND 120.00 FEET NORTHERLY OF THAT CERTAIN LINE DESCRIBED HEREIN AS COURSE NO. 5; THENCE ALONG SAID LINE TO THE TRUE POINT OF BEGINNING ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF A NON-TANGENT 730.00 FOOT RADIUS CURVE CONCAVE 78" OS 36" WEST; THENCE LEAVING SAID RIGHT-OF-WAY EXCEPTING THEREFROM THAT PROPERTY DESCRIBED AS PUBLIC ROAD IN DOCUMENT RECORDED FEB. 16, 1967 AS FILE NO. 21426 (R.S. 454-66). ALSO EXCEPTING THEREFROM THAT PROPERTY DESCRIBED AS PUBLIC ROAD IN DOCUMENT RECORDED FEE. 16,1967 AS FILE NO. 21467 (R.S. 454-66). Page 4 Of 4 PR 2.3.78 ,& ,. '... ...',, ... ,... ;.' , ., I , , ...' .. ., ,. ... ,. .,, I , ,.. ... ,. i.J I ,... ...' PARCEL .,. . SCALE: 1 '=200' DETAIL "A" ,- ., -, 631 EASEMENTS ROAD SURVEY PER DOC. REC. JAN. 1, 1930 IN BOOK 1737, PAGE 4 OF DEEDS E2 100' EASEMENT TO S.D.G.&E. PER DOC. REC. FEE. 5, 1954 IN BOOK 5208, PAGE 405 O.R. BOOK 5132, PAGE 342 O.R. AND DOC. REC. APR. 19. 1954 IN E5 GRANT DEED FOR ROAD R/W PER DOC. REC. FEE. 16, 1967 AS FILE PAGE NO. 21426 E6 30' EASEMENT TO 0.M.W.D PER DOC. REC. OCT. 27. 1971 AS FILE/PAGE NO. 247284 E7 30' EASEMENT TO O.M.W.O. PER DOC. REC. JULY 3, 1972 AS FILE PAGE NO. 170416 O.R.. PARCEL "D" E9 10' DRAINAGE EASEMENT PER DOC. REC. MAY 15, 1974 AS FILE/PAGE 74-126972 O.R.. PARCEL 74-0548 B E10 DRAINAGE EASEMENT PER DOC. REC. MAY 13, 1974 AS FILE/PAGE 74-126972 O.R., PARCEL 74-0548 C Ell DRAINAGE EASEMENT PER DOC. REC. JAN. 13, 1977 AS FILE/PAGE 77-014212 O.R., PARCEL 77-0009 A, PCL. "A" E12 DRAINAGE EASEMENT PER DOC. REC. JAN. 13, 1977 AS FILE/PAGE 77-014212 O.R.. PARCEL 77-0009 A, PCL. "E" E22 42' EASEMENT TO O.M.W.D. PER DOC. REC. MAR. 14. 1984 AS FILE/PAGE NO. 84-091367