HomeMy WebLinkAboutSDP 09-05; County of San Diego; 2012-0330236; EasementRECORDING REQUESTED BY:
FIRST AMERICAN TITIJE
DOC
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20-
HIM
2-033023G
II
RECORDING REQUESTED FOR THE
BENEFIT OF THE CITY OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Drive
Carlsbad, CA 92008
MAIL TAX EXEMPT STATEMENTS TO:
EXEMPT
JUN 06, 2012 8:00 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernesl J. Dronenburg, Jr., COUNTY RECORDER
FEES 0.00
OC: NA
7218 PAGES:
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.: 760-221-96 7A%^OtO^\^
Project ID:
Related Project ID:
Related Project ID:
Project Name:
SDP 09-05
PR 11-51
Palomar Commons
CounVy Parcel 2o\2 'OOiZ-C
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
The County of San Diego, a political subdivision of the State of California,
the owner of real property described herein located in the City of Carlsbad, San Diego County, California
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 STORM DRAIN AND ACCESS
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.
RESERVING THEREFROM the following rights and privileges:
1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace
above said easement, together with the right to cause in said airspace such noise and such
incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for
navigation or of flight in air, using said airspace taking off from, landing at or operating on McClellan-
Palomar Airport.
2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any
other perennial growth or undergrowth extending into, or which in the future could infringe upon or
extend into or above, the McClellan-Palomar Airport clear zone approach surface.
3. The right to require Grantee, at Grantee's sole cost and expense to remove, raze or destroy any of
grantee's facilities infringing upon or extending into said McClellan-Palomar Airport clear zone
approach surface, together with the right to prohibit the future erection of buildings or other
structures which would infringe upon or extend into said surface.
4. The right to require Grantee, at Grantee's sole cost and expense, to mark and light as obstructions
to air navigation, any and all of Grantee's facilities that may at any time project or extend above said
surface.
Q \CED\LandDev\PROJECTS\SDP\SDP 09\SDP 09-05 Palomar Commons - Bobbett\Deeds-Easement\PR 11-51 Grant Deed of Easement Storm Drain 011312.doc
REV 4/15/10
7219
5. The right of ingress to and egress from, and passage over the herein described easement, for the
above purposes. , J/ J
Dated this day of A^/C/^ 2012
, P<£f, Direct( APRIL F. HEINZE, P<£/, Director
Department of General Services
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
> SS
On ^ ^/S^y^ before me, Thomas G. Harrington, Deputy County Clerk in and for said County
and State, personally appeared April F. Heinze, P.E., Director, Department of General Services, who
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the
within instrument and acknowledged to me that she executed the same in her authorized capacity and by
her signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(seal)
Ernest J. Dronenburg, Jr., Assessor/Recorder/i
Harrington - Deputy
Q:\CED\LandDev\PROJECTS\SDP\SDP 09\SDP 09-05 Palomar Commons - Bobbett\Deeds-Easement\PR 11-51 Grant Deed of Easement Storm Drain 011312.doc
REV 4/15/10
7220
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the GRANT
DEED OF EASEMENT FOR PUBLIC STORM DRAIN AND ACCESS
PURPOSES dated April 18, 2012, from The County of San Diego, a political
subdivision of the State of California 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: June 1,2012
nior Deputy Clerk
(SEAL)
7221
EXHIBIT "A"
STORM DRAIN EASEMENT
LEGAL DESCRIPTION
PR 11-51
PAGE 1 OF 3
THE LAND DESCRIBED HEREIN IS A PORTION OF PALOMAR AIRPORT IN LOT "G"
OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 823, FILED IN
THE OFFICE OF THE SAN DIEGO COUNTY RECORDER NOVMEBER 16, 1896, LYING
SOUTH OF PALOMAR AIRPORT ROAD, AS SHOWN ON RECORD OF SURVEY NO.
9939, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 27,
1985, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE
SOUTH BOUNDARY OF COUNTY LEASE PARCEL 79-1234A, AS SHOWN ON SAID
RECORD OF SURVEY NO. 9939, AND THE SOUTHEASTERLY RIGHT-OF-WAY OF
PALOMAR AIRPORT ROAD (ROAD SURVEY 1534-66), 126.00 FEET WIDE, THENCE
ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY THE FOLLOWING COURSES:
NORTH 53°53'45" EAST 642.08 FEET (N53°54'00"E PER ROS 9939) TO THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1937.00 FEET, ALONG SAID
CURVE 390.42 FEET THROUGH A CENTRAL ANGLE OF 11°32'54" AND NORTH
65°26'39" EAST 102.10 FEET (N65°26'54"E PER ROS 9939) TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHEASTERLY RIGHT-OF-
WAY, NORTH 65°26'39" EAST 25.01 FEET TO THE NORTHEASTERLY SIDELINE OF
PARCEL 91-0450-1 OF THAT CERTAIN DRAINAGE EASEMENT GRANTED PER
DOCUMENT RECORDED JULY 15, 1992 AS DOCUMENT NO. 1992-0443329, OF
OFFICIAL RECORDS; THENCE LEAVING SAID RIGHT-OF-WAY ALONG SAID
NORTHESTERLY SIDELINE, SOUTH 22°38'50" EAST 24.61 FEET (S22°39'16"E 24.61'
PER SAID DOCUMENT) TO AN ANGLE POINT THEREIN; THENCE CONTINUING
ALONG SAID SIDELINE, SOUTH 67°21'10" WEST 3.58 FEET (S67°20'44"W PER SAID
DOCUMENT); THENCE LEAVING SAID SIDELESfE SOUTH 15°26'04" WEST 14.39 FEET;
THENCE NORTH 65°26'39" EAST 55.13 FEET; THENCE NORTH 03°01'05" WEST 38.16
FEET TO SAID SOUTHEASTERLY RIGHT-OF-WAY OF PALOMAR AIRPORT ROAD;
THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY, NORTH 65°26'34" EAST
31.74 FEET TO THE NORTHEASTERLY SIDELINE OF PARCEL 91-0450-J OF SAID
CERTAIN DRAINAGE EASEMENT; THENCE ALONG SAID NORTHEASTERLY
7222
EXHIBIT "A"
STORM DRAIN EASEMENT
LEGAL DESCRIPTION
PR 11-51
PAGE 2 OF 3
SIDELINE, SOUTH 07°35'30" WEST 24.55 FEET (S07°35'04"W PER SAID DOCUMENT);
THENCE LEAVING SAID NORTHEASTERLY SIDELINE, SOUTH 03°01'05" EAST 42.70
FEET; THENCE SOUTH 65°26'39" WEST 84.76 FEET; THENCE SOUTH 24°33'21" EAST
144.68 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 540.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH
22°21'06" EAST; THENCE ALONG SAID CURVE 294.62 FEET THROUGH A CENTRAL
ANGLE OF 31°15'36"; THENCE NORTH 36°23'17" EAST 183.81 FEET; THENCE NORTH
67°19'35" EAST 230.97 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT
HAVING A RADIUS OF 510.00 FEET; THENCE ALONG SAID CURVE 75.45 FEET
THROUGH A CENTRAL ANGLE OF 08°28'33"; THENCE NORTH 75°48'08" EAST 206.20
FEET; THENCE SOUTH 80°18'39" EAST 178.17 FEET TO THE SOUTHWESTERLY
RIGHT-OF-WAY OF EL CAMINO REAL, SAID POINT BEING THE BEGINNING OF A
NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 1937.00 FEET, A
RADIAL LINE TO SAID POINT BEARS NORTH 68°35'30" EAST; THENCE ALONG SAID
RIGHT-OF-WAY AND SAID CURVE 23.27 FEET THROUGH A CENTRAL ANGLE OF
00°41'18" TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS
NORTH 69°16'48" EAST; THENCE LEAVING SAID RIGHT-OF-WAY, NORTH 80°18'39"
WEST 185.84 FEET; THENCE SOUTH 75°48'08" WEST 201.97 FEET TO THE BEGINNING
OF A CURVE TO THE LEFT HAVING A RADIUS OF 490.00 FEET; THENCE ALONG
SAID CURVE 72.49 FEET THROUGH A CENTRAL ANGLE OF 08°28'33"; THENCE
SOUTH 67°19'35" WEST 205.98 FEET; THENCE SOUTH 36°23'17" WEST 194.95 FEET TO
THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 570.00 FEET;
THENCE ALONG SAID CURVE 320.49 FEET THROUGH A CENTRAL ANGLE OF
32°12'53" TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS
SOUTH 21°23'49" EAST; THENCE SOUTH 48°08'32" WEST 103.38 FEET; THENCE
SOUTH 10°18'52" EAST 153.36 FEET TO THE SOUTH BOUNDARY AS SHOWN ON SAID
RECORD OF SURVEY NO. 9939; THENCE ALONG SAID SOUTH BOUNDARY, SOUTH
79°41'08" WEST 30.00 FEET; THENCE LEAVING SAID SOUTH BOUNDARY, NORTH
10°18'52" WEST 170.15 FEET; THENCE NORTH 48°08'32" EAST 114.47 FEET; THENCE
NORTH 24°33'21" WEST 166.31 FEET; THENCE NORTH 15°26'04" EAST 40.31 FEET;
THENCE NORTH 22°38'50" WEST 10.58 FEET TO THE TRUE POINT OF BEGINNING;
EXHIBIT "A"
STORM DRAIN EASEMENT
LEGAL DESCRIPTION
PR 11-51
7223
PAGE 3 OF 3
CONTAINS 1.0448 ACRES OR 45512 SQUARE FEET MORE OR LESS.
AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE
A PART HEREOF.
DATED THIS DAY OF , 2012.
DONALD ROY ClJllRY, 't.S. 7846
EXP. 12/31/12
7224
EXHIBTT "B'
STORM DRAIN EASEMENT
PLAT PAGE 1 OF 3
LEGAL DESCRIPTION
A PORTION OF LOT G OF RANCHO
AGUA HEDIONDA IN THE CITY OF
CARLSBAD. COUNTY OF SAN
DIEGO. CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 823,
FILED IN THE OFFICE OF THE
SAN DIEGO COUNTY RECORDER
NOVEMBER 16, 1896.
BASIS OF BEARINGS
THE BEARINGS USED HEREIN ARE
BASED ON THE CCS 83 (NAD 83)
GRID BEARING (EPOCH 1999.92)
BETWEEN STATIONS SDGPS 41 AND
CLSB-097. AS SAID STATIONS
ARE LISTED IN RECORD OF
SURVEY NO. 17271
E. N 88'52'72" W
INDICATES EASEMENT
AREA
GRAPHIC SCALE PALOMAR COMMONS PR 11-51
OWNER PREPARED BY
COUNTY OF SAN DIEGO
5555 OVERLAND AVE.
BUILDING 2. ROOM 110
SAN DIEGO. CA 92123
APN 760-221-96
DONALD ROY CURRY. L.S. 7846
LICENSE EXP. 12-31-12
FUSCOE ENGINEERING INC.
6390 GREENWICH DR. NO. 170
SAN DIEGO. CA 92122
(858) 554-1500
7225
EXHIBIT 'B'
STORM DRAIN EASEMENT
PAGE 2 OF 3
INDICATES EASEMENT
AREA DEDICATED HEREIN
INDICATES EXISTING EASEMENT FOR
DRAINAGE PURPOSES PER DOCUMENT
RECORDED JULY 15. 1992 AS
DOCUMENT NO. 1992-0443329. O.R.
INCLUDED IN THIS EASEMENT AREA
LINE TABLE
NO. BEARING DISTANCE
Ll N65'26'39"E 25.01'
L2 S22'38'50"E 24.61'
L3 S67'21'10"W 3.58'
L4 S15'26'04"W 14.39'
L5 N65'26'39"E 55. 13'
L6 N03'01'05"W 38. 16'
L7 N65'26'34"E 31.74'
L8 S07'35'30"W 24.55'
L9 S03'01'05"E 42.70'
L10 S79'41'08"W 30.00'
L11 N15'26'04"E 40.31'
L12 N22'38'50"W 10.58'
SCALE: 1"= 60'
30' 60' 120'
GRAPHIC SCALE PALOMAR COMMONS PR 11-51
OWNER APN 760-221-96
COUNTY OF SAN DIEGO
5555 OVERLAND AVE.
BUILDING 2. ROOM 110
SAN DIEGO. CA 92123
FUSCOE ENGINEERING INC.
6390 GREENWICH DR. NO. 170
SAN DIEGO. CA 92122
(858) 554-1500
7226
N68'35'30"E (R)/ ^ R • 90
EXHIBTT "B*
STORM DRAIN EASEMENT
PLAT
N69'16'48"E (R)
PAGE 3 OF 3
COUNTY PARCEL
2010-0045-A
(79-1234-A)
^ K\ vD ^ CURVE TABLE
NO. DELTA RADIUS LENGTH
CI 0'41'18" 1937.00' 23.27'
INDICATES EASEMENT
AREA
SCALE 1"= 100'
0 50' 100'
LH ^
GRAPHIC SCALE
SEE PAGE 2
PALOMAR COMMONS PR 11-51
OWNER APN 760-221-96
COUNTY OF SAN DIEGO
5555 OVERLAND AVE.
BUILDING 2. ROOM 110
SAN DIEGO. CA 92123
FUSCOE ENGINEERING INC.
6390 GREENWICH DR. NO. 170
SAN DIEGO, CA 92122
(858) 554-1500