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SDP 01-01B; Kelly JRM Palomar Airport Rd I LLC; 2007-0158005; Easement
DOC# 2007-0158005 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 GREG 0 FlY J S MIT H. CO U N TY R E CO R D E ft FEES: 0 00 OC: NA PAGES: 6 ABOVE THIS LINE FOR RECORDER'S USE 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 Assessor's Parcel No.: Project No. & Name: Biltmore 24-fr Fitness 212-040-64 SDP 01-01(6) PR 06-09 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 STREET AND PUBLIC UTILITY PURPOSES, known as Laurel Tree Lane 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 7/7/Q b Kelly/JRM Pjateroar Airport Road I, LLC iame pf Company) STATE OF CALIFORNIA COUNTY OF SAN DIEGO On ) 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: totoMie flirpf ft/ '(Type or Print) Title: (Type or Print) Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 14730 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. Date beforeme, personally appeared JfllMl^ Name and Title of Officer (e.g., "Jane Doe, Rotary Public") Name(s) of Signer(s) Hppersonally known to me 8. RENSNER Commteton # 1650281 Notary Public - California San Diego County My Comm. Expires Mar 9.2010 Place Notary Seal Above D (or proved to mo on to be the personfjaQ whose name($ is/£*£ subscribed to the within instrument and acknowledged to me that he/s|se/tE>6y executed the same in his/rtef/tUgir authorized capacity(i^), and that by his/h^t/th^jr 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. Signature of Notary Public OPTIONAL Though the information below is 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 — n 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: n Individual D Corporate Officer — Title(s): n 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 © 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 14731EXHIBIT "A" LEGAL DESCRIPTION KELLY / JRM LAUREL TREE LANE PR 06-09 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 NORTHWESTERLY HAVING A RADIUS OF 264.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 63°37'35" EAST; 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" EAST 60.00 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY, SOUTHEASTERLY AND SOUTHERLY HAVING A RADIUS OF 60.00 FEET; THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 87°01'50" A DISTANCE OF 91.14 FEET TO THE EASTERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID EASTERLY LINE SOUTH 14°09'58" WEST 120.77 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINS 6,946 SQUARE FEET, MORE OR LESS. RAMON J. SPEAR L.S. 6404 / DATE LICENSE EXP. 12-31-2006 ' SCALE IN FEET EXHIBIT B 14730 PAGE 1 OF 2 -N- SCALE 1"=30' PARCEL 2 OF CERTIFICATE Of COMPLIANCE REG, 6-30-I999 AS F J999-0457965 AREA OF STREET DEDICATION S63'37'35 E(R) RAMON J. SPEfcR LS. 6404 LIC. EXP. 12-31-06 CITY OF CARLSBAD STREET DEDICATION SCALE 1"=30' DATE 1/19/06 DRN. 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 APN 212-040-64 PR 06-09 EXHIBIT "B"PAGE 2 OF 2 14733 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" NO. 2993 IS PLOTTED HEREON. AND "42" FUTURE STREET OPENING (KELLEY DR.)" AS SHOWN ON PARCEL MAP 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. SPE; L.S. 6404 LIC. EXP. 12-31-06 CITY OF CARLSBAD STREET DEDICATION SCALE 1"=30' 3ATE 1/19/06 DRN. TCP CK. RJS SPEAR & ASSOCIATES. INC. CIVIL ENGINEERING AND LAND SURVEYING 475 PRODUCTION STREET, SAN MARCOS, CA 92078 (760) 736-2040 FAX (760) 736-4866 APN 212-040-64 PR 06-09