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HomeMy WebLinkAboutSDP 01-01B; Kelly JRM Palomar Airport Rd I LLC; 2007-0158004; EasementDOC# 2007-0158004 Co? 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 MAR 07, 2007 4:22 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE bREGORY J. SMITH. COUNTY RECORDER FEES: 000 OC: NA PAGES: 6 2007-0158004 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): 14723 Documentary transfer tax is $0.00 * O O ( ) 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 Assessor's Parcel No.: Project No. & Name: Biltmore 24-fr Fitness 212-040-64 SDP01-01(B) PR 06-10 GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kelly/JRM-Palomar Airport Road I, LLC, a California Limited Liability Company 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 DRAINAGE PURPOSES over, under, upon and across said real property as described in Exhibit "A" attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. DATED Ofy STATE OF CALIFORNIA COUNTY OF SAN DIEGO On _ Kelly/JRMJ>a1omV Airport Road I, LLC '(Name of Company) before me, (here insert name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed 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 instrument. WITNESS my hand and official seal. Signature: (Signature) R. McCann (TfeorPrint) r KfeUy f,HMr(Type or Print) Title: (Type or Print) Word\Masters\Forms\Grant Deed of Easement - City 6H/00 14724 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of SonCounty personally appeared before me, . Jft[Vll£ Name and Title of Officer (e.g., "Jane DoeJNolary Public") Name(s) of Signer(s) Commtoton* 1650201 Notwy Public - CoWomta Son Diego County My Comm. Expires Mar 9.201C H|personally known to me D (or proved to me on the baoio of oatiofailui y uvidyi lite) to be the person($ whose nameO*) is/ajw subscribed to the within instrument and acknowledged to me that he/stJg/trjBy executed the same in his/rjfcr/th&tr authorized capacity(i^s), and that by his/nj6r/tl)8tr signature^ on the instrument the person^, or the entity upon behalf of which the person($ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below /s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: . Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Q3~^© 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION KELLY / JRM DRAINAGE EASEMENT PR 06-10 14725 A PORTION OF PARCEL "C" AND ALL OF PARCEL "D" OF PARCEL MAP NO. 2993 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 23, 1974 AS FILE NO. 74-230326, O.R., AND A PORTION OF PARCEL 2 OF CERTIFICATE OF COMPLIANCE FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1990 AS FILE NO. 90-085876 O.R., ALL BEING IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2; THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2 NORTH 81°03'03" WEST 42.14 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEWESTERLY HAVING A RADIUS OF 264.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 63°37'35" EAST AND BEING THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID SOUTHERLY LINE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°06'15" A DISTANCE OF 18.91 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE WESTERLY HAVING A RADIUS OF 108.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°31'20" A DISTANCE OF 31.14 FEET; THENCE NORTH 5°44'50" 40.99 FEET; THENCE NORTH 79°24'04" WEST 26.00 FEET; THENCE SOUTH 10°45'33" WEST 90.87 FEET TO SAID SOUTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID SOUTHERLY LINE SOUTH 81°03'03" EAST 23.40 FEET TO THE TRUE POINT OF BEGINNING. SAID LAND CONTAINS 2,528 SQUARE FEET, MORE OR LESS. RAMON J. SPEAR iLS. 6404 LICENSE EXP. 12-31-2006 DATE 14726 SCALE IN FEET EXHIBIT "B"PAGE 1 OF 2 30 0 SCALE r=30 30 60 -N-PARCEL 2 Of CERTIFICATE Of COMPLJANC 6-30-1999 AS FILE NO 1999-0457965 O.R. \ S79'24'04"E 26.00' S8r03'03"E 23.40' A=4*06'15" R=264' L-1851' A=16*31'20" R-1081 L-31.M RAMON J. SPEAR L.S. 6404 LIC. EXP. 12-31-06 I/ATE CITY OF CARLSBAD PUBLIC DRAINAGE EASEMENT SCALE r=3o' 3ATE 1/19/06 )RN. TEP CK. RJS SPEAR & ASSOCIATES. INC. CIVIL ENGINEERING AND LAND SURVEYING 475 PRODUCTION STREET, SAN MARCOS, CA 92078 (760) 736-2040 FAX (760) 736-4866 212-040-64 PR 06-10 14727 EXHIBIT "B"PAGE 2 OF 2 EASEMENT NOTES THE EASEMENT FOR PUBLIC UTILITIES, INGRESS AND EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY RECORDED AUGUST 14, 1957 IN BOOK 6706, PAGE 514 OF OFFICIAL RECORDS IS PLOTTED HEREON. AN IRREVOCABLE OFFER TO DEDICATE A PORTION OF LAND FOR PUBLIC RIGHT OF WAY PURPOSES IN FAVOR OF THE CITY OF CARLSBAD RECORDED JULY 25, 1974 AS FILE NO. 74-200026 OF OFFICIAL RECORDS IS PLOTTED HEREON. A "13' FUTURE STREET OPENING" AND "42' FUTURE STREET OPENING (KELLEY DR.)" AS SHOWN ON PARCEL MAP NO. 2993 IS PLOTTED HEREON. THE EASEMENT FOR OPEN SPACE PURPOSES RECORDED JULY 10, 1989 AS FILE NO. 89-362401 OF OFFICIAL RECORDS IS PLOTTED HEREON. SAID DOCUMENT CONTAINS PROVISIONS FOR DEED RESTRICTIONS THAT PROHIBIT ANY ALTERATION OF LANDFORMS, REMOVAL OF VEGETATION OR THE ERECTION OF STRUCTURES IN SAID EASEMENT AND A FIFTY FOOT BUFFER ALONG BOTH SIDES OF SAID EASEMENT. RAMON J. SPEAR LS. 6404 LIC. EXP. 12-31-06 CITY OF CARLSBAD PUBLIC DRAINAGE EASEMENT SCALE 1"=30' DATE 1/19/06 3RN. TEP CK. RJS SPEAR & ASSOCIATES. INC. CIVIL ENGINEERING AND LAND SURVEYING 475 PRODUCTION STREET, (760) 736-2040 SAN MARCOS, CA 92078 FAX (760) 736-4866 APN 212-040-64 PR 06-10 14728 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the GRANT DEED OF EASEMENT dated July 7. 2006. from Kellv/JRM-Palomar Airport Road I. LLC. to the City of Carlsbad, California, 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: October 13. 2006 sistant City Clerk