HomeMy WebLinkAbout2006-03-21; City Council; 18486; Authorize Acquisition Public Street and Utility Easements BTINV LLC, KW Fund I, Carlsbad 1, LP/Sunrise Property Associates LLC El Camino Real Faraday AvenueCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
18,486
3/21/06
ENG
TITLE: APPROVE AND AUTHORIZE ACQUISITION OF
PUBLIC STREET AND PUBLIC UTILITY EASEMENTS FROM
BTINV, LLC, AND KW FUND I - CARLSBAD 1, LP/SUNRISE
PROPERTY ASSOCIATES, LLC, FOR THE INTERSECTION
IMPROVEMENTS AT EL CAMINO REAL AND
FARADAY AVENUE, PROJECT NO. 36071
DEPT. HO/* //$>
t/S /CITY ATTY. X-KL/ ~
CITYMGR. /A^ 'I/
RECOMMENDED ACTION:
Adopt Resolution No. 2006-064 to approve and authorize the acquisition of a public street
and public utility easement from BTINV, LLC, for the intersection improvements at El Camino Real
and Faraday Avenue, City Project No. 36071.
Adopt Resolution No. 2006-067 to approve and authorize the acquisition of a public street
and public utility easement from KW Fund I, Carlsbad 1, LP/Sunrise Property Associates, LLC, for
the intersection improvements at El Camino Real and Faraday Avenue, City Project No. 36071.
ITEM EXPLANATION:
The subject project includes intersection widening and signal improvements at El Camino Real and
Faraday Avenue. These improvements will accommodate the traffic volumes and patterns that will
occur as a result of the extension of Faraday Avenue from Orion Street to the easterly city limits,
which is currently being constructed by the developer of the Carlsbad Oaks North project.
The modification of the El Camino Real/Faraday Avenue intersection consists of widening along
El Camino Real and Faraday Avenue to accommodate an additional travel lane along the
westbound, eastbound, and southbound approaches to the intersection. The roadway widening will
result in a new right-turn lane along westbound Faraday Avenue, a new right-turn only lane along
southbound El Camino Real, and a new thru lane along eastbound Faraday Avenue. In addition to
the roadway widening, the traffic signal will be reconfigured to match the new intersection
geometries. To accommodate the construction of the new right-turn lane along southbound
El Camino Real, the City must acquire public road and public utility easements from the property
owners along this portion of El Camino Real.
Subsequent to defining the required easements, property appraisals were conducted to evaluate the
fair market value of the required easements. In accordance with the appraised values, the City made
offers to acquire the necessary easement from BTINV, LLC, for a total amount of $97,535. BTINV,
LLC, has agreed to the amount and they have signed the grant deed for the easement. The City
also made an offer to acquire an easement from KW Fund I, Carlsbad 1, LP/Sunrise Property
Associates, LLC, for a total of $38,140. They have also agreed to the amount and have signed the
grant deed for the easement. The total cost of these two easements is $135,675.
ENVIRONMENTAL REVIEW:
Carlsbad Municipal Code Section 19.040.060 directs the Planning Director to determine whether
a public project is exempted from the environmental review process of the California
Environmental Quality Act (CEQA). The Planning Director has determined that this project will
not have a significant environmental effect. Accordingly, this project is exempt under Section
15061(b)(3) of the California Code of Regulations. This section states that CEQA only applies to
projects which have the potential for causing a significant effect on the environment. This project
will have no significant effect because it involves only negligible expansion of existing facilities
and impacts no sensitive plants or animal life.
Page 2
FISCAL IMPACT:
The cost to purchase the easements from the BTINV, LUC, and KW Fund l-Carlsbad 1, LP/Sunrise
Property Associates, LLC, is $135,675. Sufficient funds are available to purchase the subject
easements.
Summary of estimated project costs:
FARADAY AVENUE / EL CAMINO REAL INTERSECTION (PROJECT NO. 36071)
Design
Right-of-Way Acquisition
Widening and Signal Construction
Construction Contingency (15%)
Project Administration & Inspection (5%)
ESTIMATED TOTAL
FUNDING APPROPRIATED (TIF)
$105,000
$160,000
$733,000
$106,500
$36,500
$1,141,000
$1,141,000
EXHIBITS:
1. Location map.
2. Resolution No. 2006-064 to approve and authorize acquisition of a public street
and public utility easement from BTINV, LLC, for the intersection improvements at El Camino
Real and Faraday Avenue, City Project No. 36071.
3. Grant deed for easement from the BTINV, LLC, APN: 212-062-15.
4. Resolution No. 2006-067 to approve and authorize acquisition of a public street
and public utility easement from KW Fund I - Carlsbad 1, LP/Sunrise Property Associates,
LLC, for the intersection improvements at El Camino Real and Faraday Avenue, City Project
No. 36071.
5. Grant deed for easement from the KW Fund I - Carlsbad 1, LP/Sunrise Property Associates,
LLC, APN: 212-062-17.
DEPARTMENT CONTACT: Marshall Plantz, (760) 602-2766, mplan@ci.carlsbad.ca.us
LOCATION
KW FUND 1 PROPERTY
BTINV, LLC
PROPERTY
PROJECT NAMEEL CAMINO REAL / FARADAY AVENUE
INTERSECTION IMPROVEMENTS
V-ECR-FARAOAY RT-TVRN LANE.,
PROJECT
NUMBER
3607-1
EXHIBIT
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RESOLUTION NO. 2006-064
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE
ACQUISITION OF A PUBLIC STREET AND PUBLIC UTILITY
EASEMENT FROM BTINV, LLC, FOR THE INTERSECTION
IMPROVEMENTS AT EL CAMINO REAL AND FARADAY
AVENUE. CITY PROJECT NO. 36071.
WHEREAS, the City of Carlsbad has designed the intersection of El Camino Real and
Faraday Avenue to include a right-turn lane from southbound El Camino Real to westbound
Faraday Avenue; and
WHEREAS, the right-turn lane described above is located across private property owned
by the BTINV, LLC, therefore a public roadway and public utility easement are required to
construct, operate, and maintain the roadway; and
WHEREAS, the City has prepared the required grant deed, legal description, and plat for
the easements and offered the BTINV, LLC, the total sum of $97,535 for the easement, and
BTINV, LLC, has agreed to the City's offered amount for acquisition of the easements; and
WHEREAS, there are sufficient funds available to obtain the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the attached grant deed be approved and accepted and the City Clerk is
directed to attach her certificate of acceptance and cause the deed to be recorded in the office of
the County Recorder.
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3. That payment in the total amount of $97,535 be authorized and paid to the BTINV,
LLC, from the project account after recordation of the easements with the County Recorder's
Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of March , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: No/
CLAUDE A. LEWIS,1
LORRAINE M. WOOD, City Clerk7 (SEAL)
RECORDING REQUESTED BY
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Dr.
Carlsbad, California 92008
MAIL TAX STATEMENTS TO:
EXEMPT
If
DGC# 2006-0210269
MAR 27, 2006 4:14 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY,!. SMITH, COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 4
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. 212-062-15
Project No. & Name 3607
El Camino Real north of Faraday Avenue
CORPORATION GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BTINV, LLC , 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 over, under, upon and across said real
property as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. Exhibit "B"
consisting of one (1) page is attached for clarity only.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this
instrument to be executed by its President and Secretary thereunto duly authorized.
DATED:5 BTINV, LLC
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
(Name of Company
before me,
(here insert name and title of officer), personally
appeared 3i
itle
B •S
personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person^ whose
namejje) is/ajE&subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/Nefrtlwif authorized capacity^ies), and that
by his/her/thoir signature^ on the instrument the
person(s)r or the entity upon behalf of which the
person£e)r acted, executed the instrument.
WITNESS my hand and official seal.
Signature
By:
Name: Billy E. Davis, Manager
(Type or Print)
Title:
(Type or Print)
By:
Name:
Title:
(Signature)
(Type or Print)
AB 18,486
3-21 •ra2$8&/FORMS/CORP GRANT DEED OF EASEMENT
(Type or Print)
KHOAHQANG
CommWon # 1540897
Notary Public -Cotttomta
Son Dtego County
MyComm. Expires Jan 2.2009 Rev. 5-15-97
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: BTTNV LLC
APN: 212-062-15
PARCEL A PERMANENT ROAD EASEMENT
THAT PORTION OF THAT PARCEL, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, DESCRIBED IN GRANT DEED RECORDED MAY 27, 1997 AS DOCUMENT NO. 1997-
0242597 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL, SAID POINT BEING ON A 1863.00
FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, ALSO BEING A POINT ON THE
SOUTHWESTERLY RIGHT-OF-WAY OF EL CAMINO REAL, A RADIAL LINE TO SAID POINT BEARS
SOUTH 53°55'58" WEST;
THENCE SOUTHEASTERLY ALONG SAID PARCEL, SAID SOUTHWESTERLY RIGHT-OF-WAY AND
SAID CURVE THROUGH A CENTRAL ANGLE OF 02°07'19" AN ARC LENGTH OF 69.00 FEET;
THENCE CONTINUING ALONG SAID PARCEL AND SAID SOUTHWESTERLY RIGHT-OF-WAY
TANGENT TO SAID CURVE SOUTH 38°11'21" EAST 109.12 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE WESTERLY HAVING A RADIUS OF 25.00 FEET;
THENCE CONTINUING SOUTHEASTERLY AND SOUTHWESTERLY ALONG SAID PARCEL, SAID
SOUTHWESTERLY RIGHT-OF-WAY AND SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00"
AN ARC LENGTH OF 39.27 FEET;
THENCE CONTINUING ALONG SAID PARCEL TANGENT TO SAID CURVE SOUTH 51°48'39" WEST
13.00 FEET TO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE WESTERLY HAVING A
RADIUS OF 25.00 FEET;
THENCE LEAVING SAID PARCEL NORTHEASTERLY AND NORTHWESTERLY ALONG SATO CURVE
THROUGH A CENTRAL ANGLE OF 90°00'00" AN ARC LENGTH OF 39.27 FEET;
THENCE TANGENT TO SAID CURVE PARALLEL TO AND 13.00 FEET SOUTHWESTERLY OF SAID
SOUTHWESTERLY RIGHT-OF-WAY NORTH 38°11 '21" WEST 109.12 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1876.00 FEET;
THENCE NORTHWESTERLY CONCENTRIC WITH AND 13.00 FEET SOUTHWESTERLY OF SAID
SOUTHWESTERLY RIGHT-OF-WAY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
02°05'20" AN ARC LENGTH OF 68.40 FEET TO A POINT ON THE NORTHWESTERLY BOUNDARY OF
SAID PARCEL;
THENCE ALONG SAID NORTHWESTERLY BOUNDARY NON-TANGENT TO SAID CURVE NORTH
49°09'18" EAST 13.05 FEET TO THE POINT OF BEGINNING.
CONTAINING 2,637 SQUARE FEET MORE OR LESS
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT LABELED
EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN
CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEL SCHLUMPBERGER, PLS 7790 'DATE
212-062-15 BTINVLLC FARADAY-ESMT.doc 4/29/2005 3:30 PM
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the GRANT
DEED OF EASEMENT dated December 2. 2005. from BTINV. 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: March 24. 2006
SHEIKA R. CO&tAN, Deputy CBtfc
--•• -*•
"s U "
1
RESOLUTION NO. 2006-067
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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AVENUE. CITY PROJECT NO. 36071.
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CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE
ACQUISITION OF A PUBLIC STREET AND PUBLIC UTILITY
EASEMENT FROM KW FUND I - CARLSBAD 1, LP/SUNRISE
PROPERTY ASSOCIATES LLC, FOR THE INTERSECTION
IMPROVEMENTS AT EL CAMINO REAL AND FARADAY
WHEREAS, the City of Carlsbad has designed the intersection of El Camino Real and
Faraday Avenue to include a right-turn lane from southbound El Camino Real to westbound
Faraday Avenue; and
WHEREAS, the right-turn lane described above is located across private property owned
by the KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC, therefore a public roadway
and public utility easement are required to construct, operate, and maintain the roadway; and
WHEREAS, the City has prepared the required grant deed, legal description and plat for
the easements and offered the KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC,
the total sum of $38,140 for the easement, and KW Fund I - Carlsbad 1, LP/Sunrise Property
Associates, LLC, has agreed to the City's offered amount for acquisition of the easements; and
WHEREAS, there are sufficient funds available to obtain the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the attached grant deed be approved and accepted and the City Clerk is
directed to attach her certificate of acceptance and cause the deed to be recorded in the office of
the County Recorder.
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3. That payment in the total amount of $38,140 be authorized and paid to the
KW Fund I - Carlsbad 1, LP/Sunrise Property Associates, LLC, from the project account after
recordation of the easements with the County Recorder's Office.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 21st day of March , 2006 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT:
CLAUDE A. LEWIS, Mayor
LORRAINE M. WOOD, City Clerk "57 x -A- ' <?
'"'fimii^(SEAL)
ID
DGC# 2006-0210267
AB 18,486
3-21-2006
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 27, 2006 4:14 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH. COUNTY RECORDER
FEES: 0.00
OC: NA
PAGES: 7
SPACE 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.: 212-062-17
Project No. & Name: 3607
El Camino Real north of Faraday Avenue
GRANT DEED OF EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
KW Fund I - Carlsbad 1 L.P., a Delaware Limited Partnership and Sunrise Property Associates
LLC a Delaware 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 over,
under, upon and across said real property as described in Exhibit "A" consisting of one (1) page,
attached hereto and made a part hereof. Exhibit "B" consisting of one (1) pages is attached for
clarity only.
DATED KW Fund I - Carlsbad 1 L.P., a
Delaware Limited Partnership
(Name otCompany)
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
On »\A-CXA.cJU, fe i <2-OOV» .
&Ajuavt H<- f-t . P . 9>cXjLOlAj2A?
(here insert name and title of the officerl
oersonallv aooeared A^XA. C.. r'lQi
By:
before me, Name:
)
-66uuu . Title:
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person (sfwhose name(s^
is/aw subscribed to the within instrument and acknowledged By:
to me that he/sbeflfcey executed the same in his/l^errthetf
authorized capacity (ic*), and that by his/hwrthem signature^
on the instrument the person^), or the entity upon behalf Name:
of which the person^ acted, executed the instrument.
WITNESS my hand and official seal. Title:
Signature: J^yV^^prc^ 'VU. -K, |QfJ4
DATED ' * |^B
rrtlMa«tor=\Fr,rm«>f5ranl Rocri nf Paoamont . Hitv Ej
6JU/&
tfegJb. BPIGITTE M P 8OUDRESS
ffAJ^ Commisston * 1450779
E&ja Notary Public - CaUbmta
mSe/ Los Angetes County
^•^^ MyCawn.Bc*wNovll.?orj7
rffCJL
/ (Signature)
3^-^ \rcs^-<~
(Type or Print)
(Type or Print)
(Signature)
(Type or Print)
(Type or Print)
i
6/1/00
STATE OF CALIFORNIA
COUNTY OF SWWEGO
y
On before me,
(here insert name and titlepf the officer),
personally appeared lAftfrX/i "b f( •>
nareonally knnwrt tu me-for proved to me on the basis of
satisfactory evidence) to be the person(sjr whose namsfs'f
is/aje"subscribed to the within instrument and acknowledged
tome that he/sJa^Tthey-Texecuted the same in his^>ef7tt»e1r
authorized capacity(j^s7, and that by his/hprfthjefr signature^"
on the instrument the oersorj^s^or the entity upon behalf
of which the persorj^) acted, executed the instrument.
WITNESS my Hand/and official seal.
Signature:
Sunrise Property Associates, LLC, a
Delaware Limited Liability Company
By: Sunrise Associates, a California
General partnership, its sole
Member and Manager
af Company)
By:
Name: Thomas K. Armstrong
(Type or Print)
Title:
(Type or Print)
By:
Name:
Title:
(Signature)
(Type or Print)
(Type or Print)
rSHARON MILLER
Commission # 1377480
Notary Public - California
Nevada County
My Comm. Expires Sep 30.2006
WordVMasters\Forms\Grant Deed of Easement - Cilv 6/1/00
CONSENT OF LENDER
The undersigned LaSalle Bank National Association, as Trustee for the Registered
Holders of Wachovia Bank Commercial Mortgage Trust, Commercial Mortgage Pass-Through
Certificates, Series 2005-C18 ("Lender"), the current holder and beneficiary of that certain Deed
of Trust, Security Agreement and Fixture Filing, dated March 23, 2005 (the "Mortgage") from
KW Fund I - Carlsbad 1, L.P., a Delaware limited partnership ("Borrower"), as recorded on
January 3, 2005 in Book 2005 at Page 125 in the Office of the County Recorder of San Diego
County, California, does hereby consent to the terms and provisions of that certain Grant Deed of
Easement, dated V\o.TeV\ (o , 2006 from Borrower to the City of Carlsbad, a Municipal
Corporation (the "Easement"), to which this instrument is attached and agrees to waive and
subordinate the lien of the Mortgage to said Easement.
Lender is executing this document solely to provide its consent as a lender to the
contemplated grant of easement as required under the Loan Documents (as defined in the
Mortgage). The relationship between Lender and Borrower is that of a borrower and a lender
only and neither of those parties is, nor shall it hold itself out to be, the agent, employee, joint
venturer or partner of the other party. The consent granted herein is expressly limited to the
matters described herein and shall not be deemed a consent to or as a waiver of any other
conditions or requirements in the Mortgage or the other Loan Documents.
This Consent of Lender is dated this 7 day of January, 2006.
LASALLE BANK NATIONAL ASSOCIATION, AS
TRUSTEE FOR THE REGISTERED HOLDERS OF
WACHOVIA BANK COMMERCIAL MORTGAGE
TRUST, COMMERCIAL MORTGAGE PASS-
THROUGH CERTIFICATES, SERIES 2005-C18
By: WACHOVIA BANK, NATIONAL ASSOCIATION
solely in its capacity as Master Servicer, as authorized
under that certain Pooling an^i Servicing Agreement
datedasofiyiay 1,2005
By:
Name: Brett H.
Title: Vice Presiflent\
CLTOI /4778604v 1
STATE OF NORTH CAROLINA )
): ss.
COUNTY OF MECKLENBURG )
On this day of January, 2006, personally appeared before me Brett H. Morgan, to me
known (or proved to me on the basis of satisfactory evidence) to be the Vice President of
WACHOVIA BANK, NATIONAL ASSOCIATION, acting solely in its capacity as Master
Servicer for and on behalf of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE
FOR THE REGISTERED HOLDERS OF WACHOVIA BANK COMMERCIAL
MORTGAGE TRUST, COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES,
SERIES 2005-C18, that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said entity, for the uses and purposes
therein mentioned, and on oath stated that he/she was authorized to execute said instrument,
and that by his/her signature on the instrument the entity upon behalf of which he/she acted,
executed the instrument.
[SEAL]
JANET GARNER
NOTARY PUBLIC
GASTON COUNTY, N. C.
My Commission Expires March 27, 2010
«^^^^^*ta^^^^AiH^^ta^^ta^^M^^l^^^^^^^^i*
Nopfry Public
My commission expires:J1/
-2-
CLTOl /4778604v 1
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: KW FUND I - CARLSBAD 1, L.P,
APN: 212-062-17
PARCEL A PERMANENT ROAD EASEMENT
THAT PORTION OF PARCEL 1 OF PARCEL MAP NO. 16317, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, DECEMBER 6, 1990 AS FILE/PAGE NO. 90-652174, DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID PARCEL 1;
THENCE ALONG THE SOUTHEASTERLY BOUNDARY OF SAID PARCEL 1 SOUTH 49°09'18"
WEST (RECORD SOUTH 49°08'46" WEST) 13.05 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1,876.00 FEET, A
RADIAL BEARING TO SAID POINT BEARS SOUTH 53°53'59" WEST;
THENCE LEAVING SAID SOUTHEASTERLY BOUNDARY NORTHWESTERLY ALONG SAID
CURVE CONCENTRIC WITH AND DISTANT 13.00 FEET MEASURED RADIAL FROM THE
NORTHEASTERLY LINE OF SAID PARCEL 1 THROUGH A CENTRAL ANGLE OF 01°13'49" AN
ARC LENGTH OF 40.28 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
EASTERLY HAVING A RADIUS OF 70.00 FEET;
THENCE LEAVING SAID CONCENTRIC CURVE NORTHERLY ALONG SAID COMPOUND
CURVE THROUGH A CENTRAL ANGLE OF 29°36'24" AN ARC LENGTH OF 36.17 FEET TO THE
BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY HAVING A RADIUS OF 35.00 FEET;
THENCE NORTHERLY ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF
28°02'25" AN ARC LENGTH OF 17.13 FEET TO A POINT OF CUSP WITH THE EASTERLY LINE
OF SAID PARCEL 1, SAID POINT BEING ON A 1,863.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY, A RADIAL BEARING TO SAID POINT BEARS SOUTH 56°41'47" WEST;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL 1 AND SAID CURVE
THROUGH A CENTRAL ANGLE OF 02°45'49" AN ARC LENGTH OF 89.86 FEET TO THE POINT
OF BEGINNING.
CONTAINING 888 SQUARE FEET MORE OR LESS
ATTACHED HERETO AND MADE A PART HEREOF THIS LEGAL DESCRIPTION IS A PLAT
LABELED EXHIBIT "B"
THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY
DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT.
MICHAEL SCHLUMPBERGER, PLS 7790
Z1 't
DATE
EXHIBIT "B"
N 68-22'37" E 459.55'
m
5 UTILITY EASEMENT TO
SDG&E RECORDED MAY
22. 1985 AS DOC NO.
85-180315 2386 FARADAY AVENUE
15 EASEMENT TO COSTA REAL
MUNICIPAL WATER DISTRICT
RECORDED MARCH 10, 1986
AS DOC. NO. 86-092689
PARCEL 1
PM 16317 4 EASEMENT TO
JNE
102775
20 EASEMENT TO SDGE
REC. MARCH 27. 1986
AS DOC NO. 86-117549
58 ACCESS AND UTILITY
EASEMENT REC. DECEMBER
\///A DENOTES AREA OF EASEMENT AQUSITION
888 SQ.FT. MORE OR LESS
NOTE: ALL DIMENSIONS SHOWN HEREON
ARE COMPILED FROM RECORD DATA.
AF=5*21'45"
R=642.00'
L=60.09'
Right-Of-Way Engineering Services, Inc.
Land Surveying
4167 Avenida de la Plata Ste. 114 • Oceanside, CA 92056
(760) 732-1368 FAX (760) 732-1367
Drawing file name: 212-062-17dwg
ASSESSORS' PARCEL NO.: 212-062-17
CITY OF CARLSBAD
VESTING: KW FUND I - CARLSBAD 1. LP.
DATE: NOVEMBER 29. 20051 SHEET 1 OF 1
7
CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property conveyed by the GRANT
DEED OF EASEMENT dated March 6. 2006. from KW Fund I - Carlsbad 1 L.P..
and Sunrise Property Associates 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: March 24. 2006
WOOD, City Clerk
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