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HomeMy WebLinkAbout2013-07-09; City Council; 21286; Approve Widening El Camino Real PN 3957AB# MTG. DEPT. CITY OF CARLSBAD - AGENDA BILL 1.1,286 7/9/13 PW-TRANS APPROVE AND AUTHORIZE GRANT DEED OF EASEMENTS FOR EL CAMINO REAL WIDENING FROM TAMARACK AVENUE TO CHESTNUT AVENUE, PROJECT NO. 3957 DEPT. DIRECTOR CITYATTY. CITY MGR. 7^ RECOMMENDED ACTION: Adopt Resolution No. 2013-170 approving and authorizing grant deed easements for the El Camino Real Widening Project, from Tamarack Avenue to Chestnut Avenue, Project No. 3957. ITEM EXPLANATION: The El Camino Real improvement project will widen El Camino Real from Tamarack Avenue to Chestnut Avenue to provide for three lanes of travel in each direction, bike lanes, a raised median, and curb, gutter and sidewalk meeting city standards. To facilitate the construction of the project, seven property easements are needed to accommodate the desired roadway improvements. To date staff has negotiated the acquisition of five ofthe required seven easements and now seeks City Council acceptance for these easements. The remaining two easements are still within the acquisition phase and will be brought forward for City Council approval and acceptance once the acquisition process is complete. The five easements obtained at this time include three temporary easements located on the west side of El Camino Real for slope and construction purposes, and two easements for slope and drainage purposes located on the east side of El Camino Real. Property appraisals were conducted to evaluate the fair market value ofthe required easements. In accordance with the appraised values, the city made offers to the property owners to acquire the necessary easements. The city offered Shane Ressie a total amount of five thousand seven hundred dollars ($5,700) for a slope and drainage easement. The city offered Brent W. Nogie and Deshon D. Nogle a total amount of two thousand three hundred dollars ($2,300) for a slope and drainage easement. The city offered Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 3^ interest and Floyd Jr. & Lynn Bernard and undivided 7% interest a total amount of twelve thousand one hundred dollars ($12,100) for the temporary slope and construction easement across the three parcels they own. DEPARTMENT CONTACT: Brandon Miles, 760-602-2745 Brandon.Miles@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Page 2 FISCAL IMPACT: The cost to purchase the easements is a total of twenty thousand one hundred dollars ($20,100). Sufficient funds are available to purchase the subject easements, no additional appropriation is needed. This project is funded with Traffic Impact Fees and Transnet funds. Summary of Grant Deed of Easements costs: EL CAMINO REAL WIDENING PROJECT GRANT DEEDS (PROJECT NO. 3957) Shane Ressie-APN 167-154-15-00 $5,700 Brent W. Nogle and Deshon D. Nogle - APN 167-154-16-00 $2,300 Chestnut Carlsbad LLC-APN 167-080-33-00 $1,811 Chestnut Carlsbad LLC-APN 167-080-42-00 $3,589 Chestnut Carlsbad LLC-APN 167-080-41-00 $6,700 FAIR MARKET COMPENSATION FROM APPRAISALS TOTAL $20,100 CURRENT AVAILABLE BALANCE IN PROJECT $10,941,046 ENVIRONMENTAL IMPACT: A Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program were prepared for the El Camino Real Road Widening project (CDP 07-22 / HDP 07-02 / SUP 07-04 / HMP 07-08). The Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was published in the newspaper November 1, 2007, and sent to the County Clerk's Office for a 30-day public review (October 30, 2007 - November 30, 2007). One comment letter was received during the 30-day review period. The MND was approved by the Planning Commission on June 3, 2009 in compliance with the California Environmental Quality Act (CEQA) Guidelines Section 15074. EXHIBITS: 1. Location map. 2. Resolution No. 2013-170 approving and authorizing grant deed easements for the El Camino Real Widening Project, from Tamarack Avenue to Chestnut Avenue, Project No. 3957. 3. Grant deed for easement from the Shane Ressie, APN: 167-154-15-00. 4. Grant deed for easement from Brent W. Nogle and Deshon D. Nogle, APN: 167-154-16-00. 5. Grant deed for easement from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided Yi interest and Floyd Jr. 8i Lynn Bernard and undivided interest, APN: 167- 080-33-00. 6. Grant deed for easement from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 34 interest and Floyd Jr. & Lynn Bernard and undivided Vx interest, APN: 167- 080-42-00. 7. Grant deed for easement from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 34 interest and Floyd Jr. & Lynn Bernard and undivided 34 interest, APN: 167- 080-41-00. LOCATION MAP (A) CHESTNUT CALRLSBAD LLC ^ 167-080-41-00 ® CHESTNUT CALRLSBAD LLC ^ 167-080-42-00 (3) CHESTNUT CALRLSBAD LLC ^ 167-080-33-00 (3) BRENT W NOGLE AND ^ DESHON D NOGLE 167-154-16-00 (D SHANE RESSIE 167-154-15-00 HOT TO SCALE PROJECT NAME EL CAMINO REAL WIDENING FROM TAMAiy^CKAVE TO CHESTNUT AVE PROJECT NUMBER 3957 EXHIBIT 1 3 13 14 15 16 17 27 28 RESOLUTION NO. 2013-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING 4 GRANT DEED OF EASEMENTS FOR THE EL CAMINO REAL WIDENING PROJECT FROM TAMARACK AVENUE TO CHESTNUT 5 AVENUE. PROJECT NO. 3957. ^ WHEREAS, the City of Carlsbad has designed the improvements to the El Camino Real ^ widening project from Tamarack Avenue to Chestnut Avenue; and 8 WHEREAS, the roadway project includes widening onto property owned by Shane 9 Ressie, Brent W. Nogle and Deshon D. Nogle, and Chestnut Carlsbad LLC, J. Curtis & Kathleen ^ Fornal an undivided 34 interest and Floyd Jr. & Lynn Bernard and undivided 34 interest; and 12 WHEREAS, the City of Carlsbad has prepared the required grant deed, legal description, and plat for the easement and offered Shane Ressie the total sum of $5,700 for the easement, and Shane Ressie has agreed to the City's offered amount for acquisition ofthe easement; and WHEREAS, the City of Carlsbad has prepared the required grant deed, legal description, and plat for the easement and offered Brent W. Nogle and Deshon D. Nogle the total sum of 18 $2,300 for the easement, and Brent W. Nogle and Deshon D. Nogle have agreed to the City's 19 offered amount for acquisition of the easement; and 20 WHEREAS, the City of Carlsbad has prepared the required grant deeds, legal 21 descriptions, and plats for the easements and offered Chestnut Carlsbad LLC, J. Curtis & 22 Kathleen Fornal an undivided >4 interest and Floyd Jr. & Lynn Bernard and undivided 34 interest 23 24 the total sum of $12,100 for the easements, and Chestnut Carlsbad LLC, J. Curtis & Kathleen 25 Fornal an undivided Yi interest and Floyd Jr. 8i Lynn Bernard and undivided 34 interest have 26 agreed to the City's offered amount for acquisition of the easements; and WHEREAS, there are sufficient funds available to obtain the easements 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as 8 9 10 11 12 follows: 1. That the above recitations are true and correct. 2. That the attached grant deeds be approved and accepted and the City Clerk is 2 3 4 5 Q directed to attach her certificate of acceptance and cause the deed to be recorded in the office 7 of the County Recorder 3. That payment in the total amount of $5,700 be authorized and paid to Shane Ressie, from the project account after recordation ofthe easement with the County Recorder's Office. 4. That payment in the total amount of $2,300 be authorized and paid to Brent W. 13 Nogle and Deshon D. Nogle, from the project account after recordation of the easement with 14 the County Recorder's Office. 5. That payment in the total amount of $12,100 be authorized and paid to Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 34 interest and Floyd Jr. & Lynn Bernard and undivided 34 interest, from the project account after recordation ofthe easements with the County Recorder's Office. 15 16 17 18 19 20 /// 21 /// 22 23 24 25 26 27 /// 28 /// /// /// /// 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 9th day of July 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Wood, Blackburn, Douglas. None. ABSENT: Council Member Packard. ATTEST: BARBARA ENGLESON, Citf Clerk 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 The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conv^ed, 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 ID Related Project ID Related Project ID Project Name Widening 167-154-15-00 PR 12-19 (PR120Q19^ CIP 3957 El Camino Real Road Shane Ressie te^he^irGOfsV^^^^^^ Carlsbad, San Diego County, Sra'age pat^rns """"" " ^'°P«. landsoaTna ^nd uarisbad, for the protection and support of said roadway. ^ /// /// /// /// /// /// /// /// /// /// /// /// /// Q:\EngineeringShared\Capilal Improvement Program Proiecls\3957 FPR w/iH»ni«« T , . ^ Construcbon. revised 4-15-10 (^ssle).docx ^ ''^°jec's\3957 ECRW,denmg Tamarack to Chestnut\Prope,1y Aquisitlon\Ressle\Grant Deed of Easement City Slope DATED ^ 1>5^'/1J ^ ^ jrfHere) (Print Name Here) (Title) By: (Sign Here) 7^ (Print Narp^ere) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE S™!J'^'*^ ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Title) Q:\EngineeringShared\Capital Improvement Program Projects\3957 Construclion, revised 4-15-10 (Ressie).docx ^^"ST/5/10^^'^'^'^*''° ^''«s'""'^P^°Perty Aquisition\Ressie\Grant Deed of Easement City Slope CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of DiiS^ D J On 3/35/a0l3 before me. RpC^.^, Ul 1 Ui^M^ VV^YWU ^iMiC ^ ^ Here Inseri Name and Title c^Ttlie Officer J personally appeared 6han6 RggfefC NaiTw(s) of Signer(3) ROSE S. WILLIAMS CommittiOfi # 1952608 l^jHH Notary PubHc. CaUfomia < My Comm. Expires Oct 15. gflisf 1 who 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/herAheir 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rt^and and official seal.. Place Notary Seal Above Signature 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHTTHUMBPRINT GF SIGNER Top of thumb here 02007NationalNotaiyA8SOdallon«9350DeSoloAv8..RaBox2402«Chat^^ Bem#5907 Reorder Call Toll-Ffee1-800-87&^827 Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack lo ChestnutVPropeny Aquisition\Ressie\Grant Deed of Easement City Slope ^ Construction, revised 4-15-10 {Ressie).docx REV 4/5/10 ' y i EXHIBIT "A" LEGAL DESCRIPTION APN 167-154-15 (RESSIE) SLOPE AND DRAINAGE EASEMENT BEING A PORTION OF LOT 107 OF EL CAMINO MESA UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5704. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 4, 1966 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 107; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 107, SOUTH SS'SO'OO" EAST A DISTANCE OF 6.27 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 17-18'20" WEST ALONG A LINE THAT IS PARALLEL WITH AND 6.00 FEET EASTERLY FROM THE WESTERLY LINE OF SAID LOT 107. A DISTANCE OF 34.81 TO THE NORTHERLY LINE OF SAID LOT 107. THENCE NORTHEASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 107. NORTH 45'32'15" EAST A DISTANCE OF 28.87 FEET; THENCE SOUTH 3y35'40'' EAST A DISTANCE OF 64.34 FEET TO THE SOUTHERLY UNE OF SAID LOT 107; THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 107, NORTH 89*50'00" WEST A DISTANCE OF 45.85 FEET TO THE POINT OF BEGINNING. CONTAINING 1673 SQUARE FEET. MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER IHE SUPERVISION OF: 4TE Ll BOWERS, RCE 26493 DATE MONTE \L BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 lO EXHIBIT "B OWNER: SHANE RESSIE 3775 CATALINA AVE CARLSBAD, CA. 92010 BASIS OF BEARING: THE WESTERLY LINE OF LOT 107 AS SHOWN ON MAP 5704, I.E. N 1718'20"W PREPARED BY OR UNDER THE SUPERVISION OF: \mWV. BOWERS, RCE 26493 DATE MONT REGISTRATION EXP.: 3-31-14 VICINITY MAP NOT TO SCALE LEGEND: ( ) P.O.B. AREA OF EASEMENT 1673 SQ. FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: ®- 6' SLOPE EASEMENT PER MAP 5704 RECORDED 3-4-1966 CITY OF CARLSBAD 1 CD ;/ " \vt\ 1 'easy EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-154-15 1 IIMWMtBtnartoGdulMblOO DRAWN BY: SB DATE: 12-20-10 SCALE: 1"=100' SHEET NO. 1 aMDiasACAasizMm 1 Tii:(aaa)45i4ioonK(Hq48i4S4a 1 <WW»IM hlMIWlhldOMBI CHECKED BY: OA DATE: 12-20-10 1 OF 2 1 aMDiasACAasizMm 1 Tii:(aaa)45i4ioonK(Hq48i4S4a 1 <WW»IM hlMIWlhldOMBI APPROVED BY: 5S DATE: 12-20-10 1 OF 2 EXHIBIT "B" 100 UNE TABLE LINE BEARING LENGTH Ll N 89'50'00" W 6.27' L2 N 1718'20' W 34.81' L3 N 45-32'15" E 28.87' L4 N 3y35'40'' W 64.34' L5 N 89*50'00" W 45.85* RCE 26493 Exp.3-31-14 100 VERITAS 11590 WMt Bamafdo Court Su 100 SM Oiagg, CA 92127-1834 T.I (eS8)4S1-«100 Fax: (858)451.2846 www.us buraauvaiitM com SCALE: 1" = 100' CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S P/«CEL NO. 167-154-15 200 DRAWN BY: SB DATE- 12-20-10 SCALE: 1"=W0' SHEET NO. 1 CHECKED BY: OA DATE: 12-20-10 2 OF 2 1 APPROVED BY: SS DATE: 12-20-10 2 OF 2 1 12 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the DEED OF EASEMENT FOR SLOPE AND DRAINAGE PURPOSE dated March 25.2013, from Shane Ressie to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9,2013, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11.2013 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carisbad Village Drive Carisbad. CA 92008 MAiL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property convd^ed. or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Cartsbad. and Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: Widening 167-154-16-00 PR 12-18 (PR120018) CIP 3967 El Camino Reai Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Brent W. Nogie and Deshon 0. Nogle the owner of real property described herein located in the City of Carlsbad. San Dieao Countv Califomia hereby GRANTS to City of Carlsbad, a Municipal Corporatton ^ the following described real property In the City of Carlsbad. County of San Diego, State of Caiifomia: an EASEMENT FOR SLOPE AND DRAINAGE PURPOSE constructed in conjunction with public street and public utility purposes over, under, upon and across said real property together with ttie right to constmct, grade, remove and deposit soil and constmction materials, conduct operations related to ttie construction of adjacent facilittes and features, clear landscape, inspect, and maintain wittiin ttie bounds of said easement as described In Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) Reserving unto ttie owners of ttie above-described parcel of land, ttieir successors or assigns, ttie maintenance of ttie slope. It's landscaping, and drainage pattems. Reserving unto the owners of the above-described parcel of land, their successors or assigns. the rights at any time to remove such slopes or portions ttiereof upon removing the necessity for maintaining such slopes or portions ttiereof or upon providing in place ttiereof other adequate lateral support, the design and constiuctton of which shall be first approved by ttie City of Carisbad, for the protection and support of said roadway. /// /// /// /// /// /// /// /// /// /// /// /// /// /// Q:\Enginaa>fnflSltar«flC^)iial bnproMmenl Prooram Prqiecis\3957 • ECR Wktaning Tamncfc lo CheslnuAProperty A(Mailion\No(^Gnn( Oetd of Easement Oty Stope Construclion (Noolo).docx REV 4/S/lO /3 DATED 06/^ gy^^ (Sign Here) (Print Name Here) (Titie) By: .LAL^^ /Jd^1^ (Sign Here) " hCMlClDidlKC li,r4i^ (Print Name Hei (NOTARIAL ACKNOWLEDOMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WLL SHOW SUFFICENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT. PRIOR TO THE EXECUTION OF THIS EASEMENT. THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Titie) QAEngbworlngSharadVCapttal bnprawsment Pregnm Ppajocts\39S7 Construdion (Noalo).<tocx ECR WMenlng Tanmck to CtMstnuflProparty Aquisttlon\Nogla\6nnl Deed of Easamsnt Ctty Sope REV4«/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT State of California County of (^Q>v/ Qr^O } On74</w^j;^0 before me, ^1£AM^ ^^^^^ personally appeared/TTeA/i Vi APff^Jf>. «^ ^2,^^^ A^gg^i^^ OENMS FRENCH Commiition # 1903S84 Notary PuMie • Califomia San Oiago County ^ My Comm. Expirat Sap 11.20141 Ptaoa NolMy Swi Above who proved to me on ttie basis of satisfetdory evidence to be ttie person(s) whose name(s) iiti[aiB subscribed to the within instmment and acknowledged to me that ^«i£ttid/ttiey executed ttie same in lii£|^^eir authorized capacity(les}, and tiiat by (M&4)ddhelr signature(s) on ttie Instrument ttie person(s), or ttie entity upon behalf of which ttie person(s) acted, executed ttie instmment I certify under PENALTY OF PERJURY under the laws of ttie State of CaiifbrnIa that the foregoing paragraph Is true and connect. WITNESS Slgnat^f^^ OPTIONAL Though the informatton betow Is rwt required 1^ law, It may prow vatoaUe to persons refying on the docunwH and could prevent fraudulent removal and reeOtachment cf this form to another document Description of Attaclied Docuinent TWe or Type of Document: t^m^lT)/!)^^^ ijt^ ^'o&fr^jfu^AyT^ Document DateiJl/A/e> Slgner(s) Ottier Than Named Above: A^^/i/e^ Number of Pages: \fy Capacity(ies) Claimed t)y Signer(8) Signer's Name:. ^Individual • Corporate Officer—Title(8): • Partiier—OUmited •General • Attomey in Fact • Ihjstee • Guardian or Conservator • Other: Signer Is Representing: Top ofthumb hwft Signer^ Name:/Vj>^/C/ I> A/a /^/f ^ndivk^al • Corporate Offtoer—Tltie(s): • Partner—• Limited • General • Attomey in Fact • Trustee • Guardian or Consenmtor • Ottier: Signer Is Representing: Top of thumb har* 020l]7fWkingNetMyAeBOdMlan'8360Dt8otoA«.RaaaKa40e*Chi^^ llem«SS07 Rooidir.CellbftAMl-aOO-eTMge? Q:\Enslneei1ngShared\Caf)«ai Improvwient Prognm Pro!^A3957 - ECR Widening Tamarack to CheslnutVraperty AoulsiBonVtoMMStant Deed of Easement City Shxw Constmction (Nogle).docx REV 4/5/10 55 A 55 EXHIBIT "A LEGAL DESCRIPTION APN 167-154-16 (NOGLE) SLOPE AND DRAINAGE EASEMENT BEING A PORTION OF LOT 108 OF EL CAMINO MESA UNIT NO. 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5704, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 4, 1966 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 108; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 108, NORTH 45'32'15" EAST A DISTANCE OF 6.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, NORTH 45"32'15" EAST A DISTANCE OF 26.26 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF LOT 108, NORTH 78*42'04" WEST A DISTANCE OF 15.57 FEET; THENCE NORTH 24*00'14" WEST A DISTANCE OF 83.09 FEET TO THE NORTHERLY LINE OF SAID LOT 108; THENCE SOUTH 17*18'20" EAST A DISTANCE OF 101.96 FEET, SAID LINE BEING PARALLEL WITH AND 6.00 FEET EASTERLY FROM THE WESTERLY LINE OF SAID LOT 108 TO THE POINT OF BEGINNING. CONTAINING 663 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTiT' L. BOWERS. RCE 26493 DATE REGISTRATION EXP.: 3-31-14 6 EXHIBIT "B OWNER: BRENT W. NOGLE AND DESHON D. NOGLE 3755 CATALINA DRIVE CARLSBAD. CA. 92010 VICINITY MAP NOT TO SCALE LEGEND: BASIS OF BEARING: THE SOUTHERLY UNE OF LOT 108 AS SHOWN ON MAP 5704, I.E. N45*32'15"E ( ) P.O.B. AREA OF EASEMENT 663 SQ, FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: ®- 6' SLOPE EASEMENT PER MAP 5704 RECORDED 3-4-1966 PREPARED BY OR UNDER THE SUPERVISION OF: DATE MONTE L. BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 VERITAS 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bureauveritas.com DRAWN BY: SB CHECKED BY: OA APPROVED BY: SS CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-154-16 DATE: 12-20-10 DATE: )2-20-)0 DATE: 12-20-10 SCALE: 1"=100' SHEET NO. 1 OF 2 17 EXHIBIT B LINE TABLE LINE BEARING LENGTH L1 N 45*32'15" E 6.74' L2 N 45*32'15" E 26.26* L3 N 78*42'04" W 15.57' L4 N 24*00'14" W 83.09' L5 N 17*18'20" W 101.96' 100 100 200 SCALE: 1" = 100' VERITAS 11590 West Benriardo Court Suite 100 San Diego, CA 92127-1624 Tel; (858) 451-6100 Fax: (858) 451-2846 www.u5.bureauveritas.com CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-154-16 DRAWN BY: SB CHECKED BY: OA APPROVED BY: SS DATE: 12-20-10 DATE: 12-20-10 DATE: 12-20-10 SCALE: 1"=100' SHEET NO. 2 OF 2 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the DEED OF EASEMENT FOR SLOPE AND DRAINAGE PURPOSE dated June 8. 2013, from Brent W. Nogle and Deshon D. Nogle, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9. 2013, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11. 2013 SINGER, Sbiior Deputy Clerk RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbaci Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT 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 Hens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: Widening 167-080-33-00 PR 12-43 (PRI 20043) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 1/2 interest and Floyd Jr & Lynn Bernard an undivided 1/2 interest. ^ 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: a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said real property together with the right to construct, grade, remove'and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad accepts the improvements for El Camino Real Road Widening. OWNEI ^^^^^ s/^^y DATED yy>fPr/^ V; Qd>/j^ (SignHereV^ (Print Name Here) T (NOTARIAL ACKNOWLEDGMENT OWNER(S) MUST BE ATTACHED.) OF EXECUTION BY NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE / SECRETARY OR ASSISTANT SECRETARY OF THE i^±h^A40i^ ^'-f^^fB^ CORPORATION, UNDER CORPORATE SEAL — = ^ SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. |Sign p«fe; / (Print Name Here) (Title) Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tanrarack to Chestnut\Property Aquisltion\Half Vested\Grant Deed of Easement Citv Slope Construction, revised 4-15-10 (Half Vested) LOT 26.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sr;r*^ Dx^yo } On /7>/>^. ^ ,201 3 before me, Shc tli^ f^i^tnq , A/ohircy /^^t)h Dafe Here Insert Nairn amnltle of the Officer personally appeared Cf r f Brrna 7V-vic( Lit n »i Name(8) <A Sign^(s) SHELLY R.RAMING Commission No. 1878924 o NOTARY PUBLIC-CAUFORNIA 5 SAN DiEGO COUNTY < My Comm. Expiits February 2,2014 \ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)j8/are subscribed to the within Instrument and acknowledged to me that he/6he/they executed the same in Ws/herAheir authorized capaclty(jes), and that by bis/het/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 h^nd and official seal. Race Notary Seal Atx>v8 Signature iiS^^^Su^ Signature of Notary Put)lic OPTIONAL Though the infomiabon betow is not required by law, it may prove valuable to persons relying on Uie 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ie8) Cfaimed by Signer(s) Signer's Name: • Individual Title(s): • Corporate Officer • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2(»7NatioriaJ Notary Assodation* 9350 IDe Soto Awe., P.O. Box 2402'Ch^^ ltem#5907 Reortter Cal ToB-F=iree 1-800-876-6827 Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to Chesfnut\Property Aquisition\Half VestedVGrant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vested) LOT 26.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On Data 3nri3 personally appeared Hera buart Name and Tide of HM OfRcer 3- Car-Vis forro} S,¥^aVr<\&^ focoa] Namets) of SIgnerls) before me, - TONI L. MINERMAN ^ COMM. # 1913351 2 I NOTARY PUBUC-CALIFORNIA i; SAN DIEGO COUNTY 0 'COMM. EXPIRES NOV. 15, 2014 f who 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 capac*ity(ies), and that by his/her/their signatufe(s) on the instrument the person(s), or the entity upon behalf of which the person(8) 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. Place ^k)tary Seal Above WITNESS my hand and official seal. Signature OPTIONAL - Signattjre oi Notary P\Mc Though the informatton 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 anottier document. Description of Attached Document Title or Type of Document: Document Date: Signer(8) Other Than Named Atwve: Number of Pages: Capacity({e8) Claimed by Signer(s} Signer's Name: • Individual • Corporate Officer — Tjtle(s): Partner — • Limited • General Attorney In Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRlf.1T OF SIGNER Top of thumb here Signer is Representing: Signer's Name:__ • Individual • Corporate Officer — Trtle{s): • Partner -- • Limited • Gdneral • Attorney in Fact • Trustee • Guardian or Conservator • Other: \ Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here O2007^tatk)nalNotaryAaaociBlkln*S^Oe8o(oA^«.,PO.Box2402'Chatsw^ ltem«$907 Reorder.Callbl-n»e1 •600-876-6827 Q:\EngineeringShared\Capital Improvennent Program Projects\3957 - ECR Widening Tamarack to Chestnut\Property AquisitionVHalf Vested\Grant Deed of Easement City Slope ConstrucUon, revised 4-15-10 (Half Vested) LOT 26.docx REV 4/5/10 EXHIBIT "A" LEGAL DESCRIPTION APN 167-080-33 (CHESNUT CARLSBAD, LLC) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT 26 OF CHESNUT HEIGHTS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5328, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 17, 1964 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 26; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 26, SOUTH 89*46'43" EAST A DISTANCE OF 201.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH 18'33'48" EAST A DISTANCE OF 91.32 FEET TO THE EASTERLY LINE OF LOT 26; THENCE ALONG SAID EASTERLY LINE NORTH 06*04'33" WEST A DISTANCE OF 86.98 FEET TO THE NORTHERLY LINE OF SAID LOT 26; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 26, NORTH 89*46'43" WEST A DISTANCE OF 19.87 TO THE TRUE POINT OF BEGINNING. CONTAINING 859 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE'L. BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 DATE '^1 J>T-» " EXHIBIT "B OWNER: CHESNUT CARLSBAD. LLC A DELAWARE LIMITED LIABILITY COMPANY EL CAMINO REAL CARLSBAD, CA. 92008 VICINITY MAP NOT TO SCALE LEGEND: BASIS OF BEARING: THE NORTHERLY LINE OF LOT 26 AS SHOWN ON MAP 5328. I.E. N 89*46'43"W ( ) P.O.B. AREA OF EASEMENT TO BE ACQUIRED 859 SQ. FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: (E>- 4' PUBUC UTILITY EASEMENT PER INSTRUMENT NO. 80203 RECORDED 5-4-1964 ©- 30* RIGHT OF WAY EASEMENT FOR ROAD AND UTILITY PER INSTRUMENT NO. 86-167963 RECORDED 4-30-1986 PREPARED BY OR UNDER THE SUPERVISION OF: UOmt L. BOWERS RCE 26493 REGISTRATION EXP.: 3-31-14 DATE g.,i-:liJf..R', E ^A'-^r V E R I T A S 11590 West Bernardo Court Suite 100 San Diego. CA 92127-1624 Tel: (858) 451-6100 Fax: (858)451-2846 w\ww.us. bureauveritas.com DRAWN BY: SB CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-33 CHECKED BY: OA APPROVED BY: SS DATE: 11-02-09 DATE: 08-20-10 DATE: 08-20-10 SCALE: 1"=100' SHEET NO. 1 OF 2 EXHIBIT "B" UNE TABLE UNE BEARING LENGTH Ll N 18-33'48" W 91.32* L2 N 06"04'33" W 86.98' L3 N 89*46'43' W 19.87* I B U F A U V E I FAS 11590 WMt Bwnanto Court SuNi 100 San Okw>. CA 02127-1024 Tat: (868) 451-6100 Faic (858) 451-2840 www.ua.buiMuvarHaa.oem EXHIBIT "B' TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-33 DATE: 10-02-09 SCALE: 1"=100' SHEET NO. 1 CHECKED BY: OA DATE: 08-20-10 2 OF 2 1 APPROVED BY: SS DATE: 08-20-10 2 OF 2 1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED OF EASEMENT FOR SLOPE AND CONSTRUCTTON PURPOSFS H«teH March 4. 2013. from Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided V^ interest and Flovd Jr. & Lynn Bernard and undivided 'A interest to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe City ofCarlsbad, California, pursuant to Resolution No.20n-170, adopted on Julv 9. 2013. and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11.2013 ^ ER, Senior Deputy Cle 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 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 ID: Related Project ID: Related Project ID: Project Name: Widening 167-080-42-00 PR 12-44 (PRI 20044) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Chestnut Carlsbad LLC, J. Curtis & Kathleen Fornal an undivided 1/2 interest and Floyd Jr. & Lynn Bernard an undivided 1/2 interest. 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: a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said real property together with the right to construct, grade, remove and deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as described in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages is attached for clarity only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad accepts the improvements for El Camino Real Road Widening. DATED A/yKSrf/ ^ ^o)3 OWNER By: By^ (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY ^ ^ OWNER(S) MUST BE ATTACHED.) ^ J 0 i ^ . NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE A s . /.v/j X ..y--.^^/7CORPORATION, UNDER CORPORATE SEAL V\)^^^¥^\3/(^f^'^>(^'"^^ *'^'tet*ir)FU^ SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN itteX^^r^ BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT '^^^ ^ AUTHORITY OF SAID INDIVIDUAL TO ACT IN MATTER. (Sign Here)^ f (Print Name Here) THIS ere) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Print Name Here) (Title) Q \EngineerinoShared\Capital Improvement Program ProJects\3957 - ECR Widening Tamarack to ChestnutVProperty AquisitionVHalf Vested\Grant Deed of Easement City Slope Construction, revised 4-15-10 (Half Vestedl) LOT 25.docx REV 4/5/10 / CALIFORNIA ALL-PURPOSE ACKNOWLEDQMENT State of California County of. } On /) hr, ?Oi^ before me. 5he/1^1 /? ws iin (\ ^ AJoir^^"o, Pu^h e • Date Here Insert Name and Trtlait Vie Officer ' personally appeared -f^lpCj ^e^rn^^rd^ J^r\ (^r\cJ Cu/}^ l^t^rnorcL, Name<s) of Signer(s) SHEUYRRAMING Commission No. 1878924 NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Febfuaiy 2,2014 who proved to me on the basis of satlsliactory evidence to be the person(s) whose name(s) is/are subscribed to the within mstrument and acknowledged to me that l:»o/#ie/they executed the same In +»l9/her/their authorized capaclty(les), and that by Ws/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) 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. Place Notaiy Seal Atx>ve WITNESS my hand and official seal. Signature "SAdilL^ ^7^W-<^ Signature of Notary Put}lic ''^ OPTIONAL Though the inforniation beiow is not required by law, it may pmve valus^le 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attomey in Fact • Trustee • Guardian or Conservator • Other: , Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer -—Title(s): • Partner ~ • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007Natlor«INolayAs80dalkxi»9350D9SotoAvB.,P.0.8ox2402»ChatswMti,^ Item#5g07 Reenter Cal ToB-Ree 1-800^76-6827 Q:\EngineeringShared\Capital Improvement Program Projects\3957 - ECR Widening Tamarack to Chestnut\Property Aquisition\Half Vested\Grant Deed of Easement City , Slope Constnjction, revised 4-15-10 (Half Vestedl) LOT 25.docx REV 4/5/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } State of California County of Sgn C^{( on • _ before me, Honi HlOf^lfy)Clf). V/^'btr^ l?>eh>)/ C personally appeared O^rrifS ^^^<^.L?„'r!., ^^V^'^-^-^ T^^rp^/ iir^iiiiT^irt irm rt>>iift>iii»i / TONi L MINERMAN ^ COMM. # 1913351 ? NOTARY PUBLIC - CALIFORNIA S SAN DIEGO COUNTY 0 COMM. EXPIRES NOV. 15, 2014 t Place Notary Seal Above who 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/sheAhey executed the same in his/her/their authorized capaclty(tes), 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. 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. Signature. OPTIONAL signature of Notary Pubiic Though the intomiaUon below is not required by law, it may prove valuable to persons relying on the document and couid prevent fraudulent removal and reattachment of this fonn to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: . Number of Pages: Capaclty(le8) Claimed by S{gner(s) Signer's Name: • Individual • Corporate Officer — Title{s): • Pailner — • Limited • General Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUr.lBPniNT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner —• Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top erf thumb here EXHIBIT "A" LEGAL DESCRIPTION APN 167-080-42 (CHESNUT CARLSBAD, LLC) TEMPORARY CONSTRUCTION EASEMENT cxl'l'^n.r.n^c^H ^^^^^^^ "^'^^^2' THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA. ACCORDING TO THE MAP THEREOF NO. 5328 FILED IN THE SKC^^'RLJISD^ ''''''' '''' BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25. SOUTH 89-46'43" EAST A DISTANCE OF 175.21 FEET TO THE TRUE TOINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, SOUTH iy53*06" EAST A DISTANCE OF 27.09 FEET; THENCE SOUTH 16-35'16" EAST A DISTANCE OF 69.72 FEET TO THE SOUTHERLY LINE OF SAID LOT 25; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 25, SOUTH 89'46'43" EAST A DISTANCE OF 19.11; THENCE LEAVING SAID SOUTHERLY LINE, NORTH 17'16'39" WEST A DISTANCE OF 97.52 FEET TO THE NORTHERLY LINE OF SAID LOT 25; THENCE ALONG THE Sn,MT" nr'-^.r'-/1.2^ S^'^^^'^^" ^^ST A DISTANCE OF 16 55 TO THE TRUE rUINI Ur DLGINNING. CONTAINING 1703 SQUARE FEET. MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 DATE EXHIBIT "B" OWNER: CHESNUT CARLSBAD. LLC A DEUWARE UMITED LIABILITY COMPANY EL CAMINO REAL CARLSBAD, CA. 92008 -CARLSBAD VILLAGE DR AVE -SITE vLOCATIOr •TAMARACK AVE VICINITY MAP NOT TO SCALE BASIS OF BEARING: THE NORTHERLY UNE OF LOT 25 AS SHOWN ON MAP 5328, I.E. N 89'46'43"W RCE 26493 Exp.3-31-14 LEGEND: AREA OF EASEMENT TO BE ACQUIRED 1703 SQ. FT ± INDICATES RECORD BEARING POINT OF BEGINNING EASEMENT NOTES: ®- 4 PUBUC UTIUTY EASEMENT PER INSTRUMENT NO. 80203 RECORDED 5-4-1964 (D- 30' RIGHT OF WAY EASEMENT FOR ROAD AND UTIUTY PER INSTRUMENT NO. 86-070488 RECORDED 2-24-1986 PREPARED. BY OR UNDEI MONTE L. BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 THE SUPERVISION OF: DATE 1 CITY OF CARLSBAD ( w EXHIBIT "B" 1 TEMPORARY CONSTRUCTION EASEMENT 1 ASSESSOR'S PARCEL NO. 167-080-42 I 1 11S90V\/est Bernardo Court Suite 100 DRAWN BY: SS DATE: 11-02-09 SCALE: 1"=100' SHEET NO. 1 1 San Oiego, CA 92127-1624 I Tol: (858) 451-6100 Fax: (858) 451-2846 CHECKED BY: OA DATE: 08-20-10 1 OF 2 1 1 www.us.bureauverllas.cxim APPROVED BY: 55 DATE: 08-20-10 1 OF 2 1 EXHIBIT "B UNE TABLE UNE BEARING LENGTH Ll N 13-53'06'' W 27.09' L2 N 16*35'16" W 69.72' L3 N 89'46'43'' W 19.11' L4 N 17-16'39" W 97.52' L5 N 89-46'43" W 16.55' SCALE: 100 1 !^^\ CITY OF CARLSBAD | EXHIBIT "B" 1 TEMPORARY CONSTRUCTION EASEMENT 1 ASSESSOR'S PARCEL NO. 167-080-42 1 1 11590 West Bemanlo Court Suite 100 DRAWN BY: 5^ DATE: 10-02-09 SCALE: 1"=100' SHEET NO. 1 1 San Diego. CA 92127-1624 Tel: (858) 451-6100 Fax: (858)451-2846 CHECKED BY: OA DATE: 08-20-10 2 OF 2 1 www.us.bureauveritas.com APPROVED BY: 55 DATE: 08-20-10 2 OF 2 1 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES dated March 4. 2013. from Chestnut Carlsbad LLC. J. Curtis & Kathleen Fornal an undivided Vz interest and Flovd Jr. & Lynn Bernard and undivided Vi interest to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe City ofCarlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9. 2013. and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11. 2013 INGER, Senior Den RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbaci Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax Is $0.00 ( ) computed on full value of property convey^ 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 ID: Related Project ID: Related Project ID: Project Name: Widening 167-080-41-00 PR 12-17 (PRI 20017) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Py'nlfK^^^^^^^^ {;2tte?es?*"^^" ^"^'^'^^^ '"^-^^^ ^'^^^ & hereby GRANTS to City of Carlsbad, a Municipal Corporation cllifornia-"^ described real property in the City of Carlsbad, County of San Diego, State of a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over under upon and across said real property together with the right to construct, grade, remove'and ' deposit soil and construction materials, conduct operations related to the construction of adjacent facilities and features, clear landscape, inspect, and maintain within the bounds of said easement as descrit)ed in Exhibit "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit B" consisting of two (2) pages is attached for clarity only.) This temporary slope and construction easement shall automatically expire once the City of Carlsbad accepts the improvements for El Camino Real Road Widening. OWNI By: ^ (Sign Here) ^ L <>rn (Print Name Here) DATED HAt^cLjU. <^ 3 n)^ (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. IT IS RECOMMENDED THAT. PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. (Print Name Here) (Title) Sf ^I^LI^FOm^^ ACKNOWLEDGMENT State of California County of On Ahr. -i,J.Of^ before me, Shell-, 1^<iv\:.icy, X'Mrc, 'Pub Here Insert Name and TWe of the Officer ~~ } Date personally appeared ^/o^c/ lj r^^^no r d ^S^r a^rJ Cun^ "R^.^-nr. i^.L Naitie(s) of S)gner(s) SHELLY R. RAMING Commission No. 1878924 NOTARY PUBLIC - CAUFORNIA SAN OIEGO COUNTT My Comm. Expires FebriMry 2,2014 i Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ia/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In -Wfi4»ef/thelr authorized capaclty(ies), and that by Ws/her/thelr signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) 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^l. Signature 7 Signature of Notary Put)lic ^ OPTIONAL Though '/^^^^f ^'[Jjf^^'^ 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 Docuinent Title or Type of Document: Document Date: Number of Pages: Slgner(s) Other Than Named Above: Capacity(fe8) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer ~-Title(s): _ • Partner •— • Umited • General • Attomey in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here C2007Natiof«l Notary A380ctetton.9350De Soto/WB..RO.BO«24W^^^ Q^^^i^^^Z^^^i^i^^^^^^^^^^^^^^^ 800^76-6827 52. CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT State of California County of, On } personally appeared A. Cuph^ Pomgl and Kt^Kl^^^ fnfnn) TONI L. MINERMAN COMM. # 1913351 ?;OTAilY PUBUC • CALIFORNIA so-e^ '^'EfiO COUNTY 0 EXPIRES aov. 15, 2014 t 0 Place Notary Seal Above who proved to me on the basis of satisliactory evidence to be the person(8) 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 capaclty(ies), and that his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instnjment. 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. signature 1 /.J^''^^,^^ a^iature ol Notary Pi^ OPTIONAL Though the infomiation 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 forni to another document Description of Attaclied Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(re8} Claimed by Signer(s} Signer's Name: • Intiividual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer -- Tit!e(s): • Partner —O Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007Na«ooa.No««yAssocto«on.9350DeSotoA«..P,O.BoK2^^^^^ • ^^-^o^^^SJ^--^ '° Chestnut^Propeny A<,uisi,lo^^Half Ves.ed^Gra^t Deed of Easement City REV 4/5/10 33 5J A 53 EXHIBIT "A LEGAL DESCRIPTION APN 167-080-41 (FORNAL <& BERNARD) TEMPORARY CONSTRUCTION EASEMENT CAM ^r..rrn° cT?Tr ^^^^^^^ ^^'^^T^' ^HE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 5328 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JANUARY 17 1964 AND MC)RE PARTICUURLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 25: THENCE ALONG LINE OF SAID LOT 25, SOUTH 89-46'43" EAST A DISTANCE OF 170 81 FEET TO OF BEGINNING; THENCE LEAVING SAID NORTHERLY LINE, NORTH 15*15'39" WEST 63.22 FEET; THENCE NORTH 13'18'10" WEST A DISTANCE OF 83.20 FEET- 12-09 30" WEST A DISTANCE OF 83.56 FEET; THENCE NORTH 72-43*21" EAST 4.53 FEET; THENCE SOUTH 17-16'39" EAST A DISTANCE OF 235.70 FEET TO THE OF SAID LOT 25; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 25 NORTH A DISTANCE OF 20.95 FEET TO THE TRUE POINT OF BEGINNING. THE NORTHERLY THE TRUE POINT A DISTANCE OF THENCE NORTH A DISTANCE OF NORTHERLY LINE 89-46'43" WEST CONTAINING 3,177 SQUARE FEET, MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONTE L BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 11-17'12 DATE 3^f EXHIBIT "B" OWNER: CURTIS & KATHLEEN FORNAL FLOYD C. JR & L BERNARD 3910 CHAPMAN STREET. SUITE A SAN DIEGO. CA 92110 BASIS OF BEARING: THE NORTHERLY LINE OF LOT 25 AS SHOWN ON MAP 5328, I.E. N 89*46'43"W LEGEND: ( ) P.O.B. PREPARED BY O^UNpER THE SUPERVISION OF: VICINITY MAP NOT TO SCALE AREA OF EASEMENT 3.177 SQ. FT ± OR 0.07 ACRES INDICATES RECORD BEARING POINT OF BEGINNING MONT^ L BOWERS, RCE 26493 DATE REGISTRATION EXP.: 3-31-14 ^^^^^ CITY OF CARLSBAD ^^^^^ EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-080-41 V t n 1 1 A b DRAWN BY: SS DATE: 12-20-10 SCALE: 1"=100' SHEET NO. 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bursauveritas.com DRAWN BY: SS DATE: 12-20-10 SCALE: 1"=100' SHEET NO. 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bursauveritas.com CHECKED BY: OA DATE: 12-20-10 1 OF 2 11590 West Bernardo Court Suite 100 San Diego, CA 92127-1624 Tel: (858) 451-6100 Fax: (858) 451-2846 www.us.bursauveritas.com APPROVED BY: SS DATE: 12-20-10 1 OF 2 3b EXHIBIT "B" LINE TABLE LINE BEARING LENGTH Ll N 15*15'39" W 63.22' L2 N 13-18'10" W 83.20' L3 N 12*09'30" W 83.56' L4 N 72-43'2r E 4.53* L5 N 17*16'39" W 235.70' L6 N 89*46'43" W 20.95' E RITAS 11590 West Bemanlo Court Suite 100 San Diego, CA 92127-1624 Tel; (858) 451-6100 Fax: (858) 451-2846 www.us.ljumauveritas.com EXHIBIT "B' TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCa NO. 167-080-41 DRAWN BY; SB CHECKED BY: OA APPROVED BY: SS DATE: 12-20-10 DATE; 12-20-10 DATE: 12-20-10 SCALE: 1=100' SHEET NO. 2 OF 2 5(p CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the TEMPORARY DEED OF EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES HateH March 4. 2013. from Chestnut Carlsbad LLC. J. Curtis & Kathleen Fornal an undivided Vz interest and Flovd Jr. & Lynn Bernard and undivided interest to the City ofCarlsbad, California, a municipal corporation, is hereby accepted by the City Council ofthe City ofCarlsbad, California, pursuant to Resolution No.2013-170, adopted on Julv 9. 2013. and the grantee consents to the recordation thereof by its duly authorized officer. DATED: Julv 11. 2013 INGER, Senio^Deputy Clerk