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HomeMy WebLinkAbout2013-08-27; City Council; 21332; Authorize Deed of Easements El Camino WideningCITY OF CARLSBAD - AGENDA BILL • y4/ AB# 91 332 APPROVE AND AUTHORIZE GRANT DEED OF EASEMENTS FOR EL CAMINO REAL WIDENING FROM TAMARACK AVENUE TO CHESTNUT AVENUE, PROJEa NO. 3957 DEPT. DIRECTOR riTV ATTV Q/X. MTG. 8/27/13 APPROVE AND AUTHORIZE GRANT DEED OF EASEMENTS FOR EL CAMINO REAL WIDENING FROM TAMARACK AVENUE TO CHESTNUT AVENUE, PROJEa NO. 3957 CITY MGR. DEPT. PW-TRANS APPROVE AND AUTHORIZE GRANT DEED OF EASEMENTS FOR EL CAMINO REAL WIDENING FROM TAMARACK AVENUE TO CHESTNUT AVENUE, PROJEa NO. 3957 CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2013-202 approving and authorizing grant deed easements for the El Camino Real Widening Project, from Tamarack Avenue to Chestnut Avenue, Project No. 3957. ITFM EXPLANATION: The subject project wilt widen Et Camino Real from Tamarack Avenue to Chestnut Avenue to provide for three lanes of travel in each direction, bike lanes, a raised median, curb, gutter and sidewalk meeting city standards. To facilitate the construction ofthe project, easements are needed across seven properties to accommodate the desired roadway improvements. To date the city has obtained easements across five of the seven properties. The final two properties are located along the east side of El Camino Real as shown on Exhibit 1. Property appraisals were conducted to evaluate the fair market value of the required easements across the final properties and the city offered a total amount of sixty three thousand dollars ($63,000) for the easements. The property owner has accepted the offer and signed the grant deed of easements. FISCAL IMPACT: The cost to purchase the easements is a total of sixty three thousand dollars ($63,000). Sufficient funds are availabte to purchase the subject easements, no additionat appropriation is needed. This project is funded with Traffic Impact Fees and Transnet funds. DEPARTMENT CONTACT: Brandon Miles, 760-602-2745 Rrandon.Miles(S)carisbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED X CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • REPORT RECEIVED • • • • • Summary of Grant Deed of Easements costs: EL CAMINO REAL WIDENING PROJECT GRANT DEEDS (PROJECT NO. 3957) Jack H. Sprague Trust-APN 167-230-24-00 $17,000 Jack H. Sprague Trust-APN 167-230-24-00-Temporary $3,000 Jack H. Sprague Trust - APN 167-230-25-00 $29,000 Jack H. Sprague Trust - APN 167-230-25-00 - Temporary $14,000 FAIR MARKET COMPENSATION FROM APPRAISALS TOTAL $63,000 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 Et Camino Real Road Widening project (CDP 07-22 / HDP 07-02 / SUP 07-04 / HMP 07-08) and this project is within the scope of the MND. 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: 2013-202 approving and authorizing grant deed easements for the El 1. Location map. 2. Resolution No. Camino Real Widening Project, from Tamarack Avenue to Chestnut Avenue, Project No. 3957. 3. Grant deed for easement from the Jack H. Sprague Trust, APN: 167-230-24-00. 4. Grant deed for easement from the Jack H. Sprague Trust, APN: 167-230-24-00. 5. Grant deed for easement from the Jack H. Sprague Trust, APN: 167-230-25-00. 6. Grant deed for easement from the Jack H. Sprague Trust, APN: 167-230-25-00. ^^^^ n*T?i. n.\r,.—_i i— n..;—1-\ mAumnnTt-nnn ni-nT\ n._;— „.... X nn<»mn»i mi rrX i 4 7 8 9 10 11 22 23 24 RESOLUTION NO. 2013-202 1 2 A RESOLUTION OF THE CtTY COUNCIL OF THE CtTY OF 3 CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING GRANT DEED OF EASEMENTS FOR THE EL CAMINO REAL WIDENING PROJECT FROM TAMARACK AVENUE TO CHESTNUT 5 AVENUE. PROJECT NO. 3957. 6 WHEREAS, the City of Cartsbad has designed the improvements to the El Camino Real widening project from Tamarack Avenue to Chestnut Avenue; and WHEREAS, the roadway project includes widening onto APN 167-230-24-00 and 167- 230-25-00, which are owned by the Jack H. Sprague Trust; and WHEREAS, the City of CaHsbad has prepared the required grant deeds, tegal 12 descriptions, and plats for the easements and offered Jack H. Spague, as trustee of the Jack H. ''^ Sprague Trust, the property owner, the total sum of $63,000 for the easements and the 14 property owner has agreed to the City's offered amount for acquisition ofthe easements; and 15 WHEREAS, there are sufficient funds avaitable to obtain the easements 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad, California, as 17 13 foltows: 19 1. That the above recitations are true and correct 2. That the attached grant deeds are approved and accepted and the City Clerk is 21 directed to attach her certificate of acceptance and cause the deed to be recorded in the office ofthe County Recorder 3. That payment in the total amount of $63,000 be authorized and paid to Jack H. 25 Sprague, as Trustee of the Jack H. Sprague Trust, from the project account after recordation of 26 the easements with the County Recorder's Office III 28 ^ 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 27*^ day of August, 2013, by the foltowing vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. ABSENT: None. ATTEST: BARBARA ENGLESON^ty Clerk (Sf^^??.^?&^. RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carisbad 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 ofCarlsbad, and 167-230-24-00 Assessor's Parcel No.: Project ID: gP Related Project ID: Related Prpject ID: Project Name: Widening PR 12-47 (PR120047) CIP 3967 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged. Jack H. Sprague as Trustee ofthe Jack H. Sprague Trust the owner of real property described herein located In the City of Carlsbad, San Diego County, Califomta hereby GIANTS to Ctty ofCarlsbad, a Municipal Corporation the foltowing described real property in the City of Carlsbad. County of San Diego, State of Califomta: a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said real property together with the right to constmct, grade, remove and deposit soil and construction materiats, 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) Thts temporary stope and construction easement shall automatk:ally exptre once the Cify ofCarlsbad accepts the Improvemenls for El Camino Real Road Widening. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// QiVEnglnaeringStwecftCapnal Improvamenl Progian Prt>)ects\3967 - ECR Widening TanBrack to ChesbiulVropwty Aquisilion\SprBoue\Flnal Easetraiti RoqwsAGrant Deed of EasamerH Qty Slops Constmction, revisod 4-15-10 (Spraoue)-Temp Paitel 24.daa REV 4/6/10 DATED By: (Sign Here) (Print Name Here) (Title) (Sign Here) (Print Name Here) (Title) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNERO) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE4»RESIDENT 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 INDtVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFRCIENT 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. Qj^neerinfliStnrsaCapltal Improvenmit Proofwn P»p|ect«3»57 • KR Widening Tamarack lo Ch8stnutV>rapei1y AoMikinNSpragueVnnal Easement RaouaslUSrant Daad ofEassmBntatySlopeConstnKtkin.r8vl8ed4-16-10(Sprague}-TeiTf)Parcti24.docx ^j-^ ~H-a- «««wunwj^^Hxamuaoo 1 CALIFORNIA ALLPPURPOSE ACKWOWLEPOMEIIT state of-Galiternia Countyof } personally appeared _ U<4L Nam«(s)o>Slgn«tt) Notary Public State of Washington WILLIAM T OCONNELL My Appointment Expires Aug 16, 2016 Plac* Notwy SaaiAiMw who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/iare subscribed to the within instalment and acknowledged to me that he/she/lhey executed tiie same in hts/her/ttieir auttiorized capacity(ies). and tiiat by his/herAheir slgnature(s) on ttie instrument ttie person(s), or the entity upon behalf of whteh the person(s) acted, executed ttie Instmment. I certify under PENALTY OF PERJURY under the laws of ttie State of California that the foregoing paragraph is tme and conrect. WITNESS my hand and official seal. Signature Signatm fll Notaiy PUtflc OPTIONAL Though the Infonnation beiow la not required by law. it may prove valuable to persons refying on the document and cmM prevent fiauCkilent removal and reattachment of thia form to anoffier document Description of Attached Document Title or Type of Document: Document Oats: Number of Pages:. Slgner(8) Otiier Than Named Above: Capaeity(fe8) Claimed by Slgner(a) Signer's Name: • IndMdual • Corporate Offlcer—Tltie(8): • Partner—• Limited • Qeneral • Attomey in Fact • Trusted • Guardian or Consen^tor • Othen Signer Is Representing: RtGHTTHUf.tUPf-iiril OF SK^i-JfiR Top of thumb here Signer's Name: a IndMdual • Corporate Offlcer—TIUe(s): • Partner—• Limited • General • Attomey In Fact • Tmstee • Guardian or Conservator • Ottier: Signer Is Representing: Hir.HT IHUMBI'l^irjT or SiGNCK Top of Ihurrtb here e200rNadaniiNol»yAaiOGlaaon*9380Da8a(oAn..RO.B«a40e*CI«iMOr«l,CA Item 18807 Rao(riirC8l1t*Aw1«XM78-«8S7 Q \Englneet1ngSharad\Capltd Imprevemant Program Prc4ecteV3057 • ECR WideniiHl Tamarack to ChestnutVProperty Aqulsitlon\Sprague\Flnai Easament RaqueslUBiant Deed of Easement aty Stope Constructton, revised 4-1li-10 (Spragus)-Temp Parcel 24.docx REV 4/6/10 EXHIBIT LEGAL DESCRIPTION 55 A " A APN 167-230-24 (SPRAGUE) TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 823. FILED IN THE OFRCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. NOVEMBER 16, 1896. DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JACK H. SPRAGUE AS TRUSTEE TO THE "JACK H. SPRAGUE TRUST". RECORDED SEPTEMBER 5, 1995 AS DOCUMENT NO. 1995-0392610 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 107 AS SHOWN ON MAP THEREOF NO. 5704. EL CAMINO MESA UNIT NO. 3. FILED IN THE OFFICE OF SAID COUNTY RECORDER ON MARCH 4, 1968, THENCE SOUTH 89'50*00" EAST A DISTANCE OF 6.27 FEET ALONG THE SOUTHERLY UNE OF SAID LOT 107. SAID UNE ALSO BEING THE NORTHERLY UNE OF SAID PARCEL 2 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST. TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID SOUTHERLY UNE. SOUTH 89'50*00" EAST A DISTANCE OF 60.^ FEET; THENCE LEAVING SAID SOUTHERLY UNE, SOUTH IB-SS'SB" EAST A DISTANCE OF 141.92 FEET; THENCE NORTH 88'01*17" EAST A DISTANCE OF 20.20 FEET; THENCE SOUTH 15*06*03" EAST A DISTANCE OF 85.09 FEET TO THE SOUTHERLY UNE OF PARCEL 2; THENCE ALONG THE SOUTHERLY UNE OF SAID PARCEL 2, NORTH 89'50'00" WEST A DISTANCE OF 20.73; THENCE LEAVING SAID SOUTHERLY UNE OF PARCEL 2 NORTH 15'06'03" WEST A DISTANCE OF 63.76 FEET; THENCE SOUTH 88*0n7" WEST A DISTANCE OF 21.89 FEET; THENCE NORTH 50'20*09" WEST A DISTANCE OF 7.07 FEET; THENCE NORTH 12'02'47" WEST A DISTANCE OF 12.95 FEET; THENCE NORTH 04'33'38" EAST A DISTANCE OF 12.68 FEET; THENCE NORTH 15'06*57" WEST A DISTANCE OF 12.84 FEET; THENCE NORTH 16'38'56" WEST A DISTANCE OF 119.41 FEET TO THE NORTHERLY UNE OF SAID PARCEL 2 THENCE WESTERLY ALONG SAID UNE OF PARCEL 2 NORTH 89«50*00" WEST A DISTANCE OF 39.54 FEET TO EASTERLY RIGHT-OF-WAY UNE OF THAT ROAD KNOWN AS EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 IN SAID COUNTY TO THE POINT OF BEGINNING. CONTAINING 0.116 ACRES (5.069 SQ. FT.). MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: lONTE L BOWERS, RCE 26493 REGISTRATION EXP.: 3-31-14 /3 DATE EXHIBIT "B OWNER: JACK H. SPRAGUE. AS TRUSTS OF THE "JACK H. SPRAGUE TRUST 4800 WILUAMSBURG UNE #104 U MESA, CA. 91942 LEGEND: BASIS OF BEARING: THE SOUTHERLY UNE OF LOT 107 AS SHOWN ON MAP 5704, I.E. N BffSO'Wr W {fi 89'50'W) () P.O.C. P.O.B. VICINITY MAP NOTTO SCALE AREA OF EASEMENT 0.116 ACRES (5.069 SQ. FT) d: INDICATES RECORD DATA POINT OF GOMMENCEMENr POINT OF BEGINNING E SUPERVISION OF: DAlt CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-230-24 • B ii H \: A U • EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-230-24 • V F{ i T A S I DRAWN BYi SMC DATE 06-27-SCAII: 7 "=700' SHEET NO. lOOW TIMM CWM SUM 200 SMI DkoftiCA 82131 T.I: (ISI) 4l1«0a fwc (SSS) 4S1-2S4S CHECKED BY^ MB DATEi 06-27-73 1 OF 2 lOOW TIMM CWM SUM 200 SMI DkoftiCA 82131 T.I: (ISI) 4l1«0a fwc (SSS) 4S1-2S4S APPROVEDBY: MB DATE: 06-27-13 1 OF 2 UNE TABLE UNE BEARING LENGTH Ll N 89'50'00" W 6.27' LZ N 89'50'00" W 60.43' L3 N 16*3B'56" W 141.92' L4 N 88*01*17" E 20.20' L5 N 15*06*03" W 85.09* L6 N Bg'SO'OO" W 20.73' L7 N 15-06'03" W 63.76' L8 N 88*01*17" E 21.89' L9 N 50*20'09" W 7.07' LIQ N 12*02'47" W 12.95' LII N 04*33'38" E 12.68' L12 N 15*06'57" W 12.84' L13 N 16'38'56" W 119.41* L14 N 89'50'00" W 20.89' L15 N 89*50'00" W 39.54' Lor y JVJAP 323 RHO. AQUA HBajajyaA SCALE: 1" = 100' B U H E A U V E R i f A S lOnO Tnwm SIMMI Syik 200 8MOle«a.CAa2U1 T<t|US)4H.S1WnH:|SSI)45I.SB4S mmMJbamumitmxfBm CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT AS^SSOR'S PARCEL NO. 167-230-24 DRAWN BY: SMC CHECKED BYi MB DATE 06-27-13 DATE: 06-27-13 DATE 06-27-7J SCAIE: 7 "=700' SHEET NO. 2 OF 2 il RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlstiad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) dectare(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 Cartsbad, and SPACE ABOVE THIS LiNE FOR RECORDER'S USE Assessor's Parcel No.: 167-230-24-00 Project ID: Related Project ID: Related Project ID: Project Name: Widening a?m5T PR 12-48 (PR120048) ClP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of whtch Is hereby acknowledged. Jack H. Sprague as Tmstee ofthe Jack H. Sprague Trust the owner of real property described herein located tn the City of Carlsbad, San Diego County, Califomia hereby GRANTS to City of Carisbad, a Municipal Corporation the following described real property tn tiie City of Carisbad, County of San Diego. State of Califomta: an EASEMENT FOR SLOPE AND DRAINAGE PURPOSE constmcted in conjunction witii public street and public utility purposes over, under, upon and across said real property together with the right to constmct, grade, remove and deposit soil and constmction materials, conduct operations related to ttie constmction of adjacent facilities and features, ctear 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. (Exhibtt "B" consisting of two (2) pages is attached for clarity only.) Resen/lng unto the owners ofthe above-described parcel of iand, their successors or assigns, the maintenance of ttie slope, it's landscaping, and drainage pattems. Reserving unto tiie owners ofthe above-described parcel of iand, 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 thereof or upon providing tn place thereof other adequate laterai support, the design and constmction of whtch shall be first approved by the City of Carisbad. for the protectton and support of said roadway. /// /// /// /// /// /// /// /// /// /// /// /// /// /// a\Bi]^neerfngShar«d\Capttai Imprevement Program Prpfects\30S7 • ECR Widaning Tanareck to ChestmitU^toperty Aquisltion\Sprague\Giant Deed of Easement Oty Slope Construclion. revised 4-18-10 (Sprague)-Parcel2.doc)( 4/6/10 /2- DATED 7 OWNER: By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (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) (Tltte) QAEnginearingSharaaCapllal Impnivament Program Pnijects\%67 - ECR Widening Tamarack to Chestnultf>repeny AqulsiVon\SpmgueVQfant Deed of Easement City Skipe Constnjdion, revised 4-1S>10(Sprague)-Pareai2.docx REV 4/6/10 13 CAUFORHIA Atfc-PUBPOSe ACKMOWLEPOMENT } State Of JCaHfomla^ County of _ / ' Data Date personally appeared » ^ffSSS^ Here Insart N»m and TWe ot Hte omoer Notary Public State of Washington WILLIAM T OCONNELL My Appointment Expires Aug 16, 2016 who proved to me on ttie basts of satisfactory evidence to be ttie person(s) whose name{s) is/are subscribed to ttie within instrument and acknowledged to me that he/she/ttiey executed the same in his/her/ttieir auttK>rized capacityOes), and ttiat by his/her/ttieir signature(s) on ttie instmment ttie person(s), or ttie entity upon behalf of which the person(s) acted, executed tiie Instmment. I certify under PENALTY OF PERJURY under the laws of the State of California that the fbregoing paragraph ts tme and conrect. WITNESS my hand and official seal. Place iMaiy Seal Abowa Signature. OPTIONAL SH^Mtm of Notary PubBe Though the Infomation below is not required by law. It may prove vaiuable to persons refying on the document and could prevent fraudulent removal and leattachment of this forni fo another document Description of Attached Docuinent THIe or Type of Document: .—__ Document Dato: — .Numberof Pages:, Slgner(8) Ottier Than Named Above: C8paclty<fe8) Claimed by Signer(8) Signer's Name: • Individual • Corporate Offlcer —Tl«e(8): • Partner—• Limited • General • Attomey In Fact • ThJStee • Guardian or Consen^tor • Ottier:___ Signer is Representing: RIGHT THUMBPHIMr OF siGrjcn Topofthunbhere Signer^ Name: • Indivklual O Corporate Offteer—Tltie{s): • Partner — • Limited • General • Attomey in Fact • Tmstee • Guartfian or Consenmtor • Ottier: Signer Is Representing: HIGHT IHUf.UJf'HirjT Top of Ihumb hare 020<gWlon<NeMryAieoclattoi*9360De8oto/W»,RaBeKa<lg»OB^^ 91318«0g«wwyitftelk>i>ai4<toyoig tlemfSGOr neMdsr.Cal1l»ftae1-«»«7648Z7 a^EnginaerfngSharedCapHal improvement Program Proiects\3967 • ECR Wkiening Tamarack to ChaslnuAPniperty Aqulsilon\SpragueVGrant Deed of Easement Qly Slope ConstnjcHon, revised 4-16'10 (Sprague)-Parcal ZdOcx REV 4/5/10 APN 167-230-24 ^•Xmi^TT^ "A." (SPRAGUE) LEGAL DESCRIPTION SLOPE AND DRAINAGE EASEMENT BEING A PORTION OF LOT "J** OF THE RANCHO AGUA HEDIONDA. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. NOVEMBER 16, 1896, DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JACK H. SPRAGUE AS TRUSTEE TO THE "JACK H. SPRAGUE TRUSr. RECORDED SEPTEMBER 5. 1995 AS DOCUMENT NO. 1995-0392610 OF OFRCIAL RECORDS IN SAID OFRCE OF THE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 107 AS SHOWN ON MAP THEREOF NO. 5704, EL CAMINO MESA UNIT NO. 3, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON MARCH 4, 1968, THENCE SOUTH 89*50*00" EAST A DISTANCE OF 6.27 FEH ALONG THE SOUTHERLY LINE OF SAID LOT 107, SAID UNE ALSO BEING THE NORTHERLY UNE OF SAID PARCEL 2 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY UNE, SOUTH 89'50'00" EAST A DISTANCE OF 39.54FEET; THENCE LEAVING SAID SOUTHERLY UNE, SOUTH 16*38*56'' EAST A DISTANCE OF 119.41 FEET; THENCE SOUTH 15*06'57'' EAST A DISTANCE OF 12.84 FEET; THENCE SOUTH 04*33'38'* WEST A DISTANCE OF 12.68 FEET; THENCE SOUTH 12*02'47" EAST A DISTANCE OF 12.95 FEET; THENCE SOUTH 50*20*09'' EAST A DISTANCE OF 7.07 FEET; THENCE NORTH 88*01'17" EAST A DISTANCE OF 21.89 FEET; THENCE SOUTH 15*06'03" EAST A DISTANCE OF 63.76 FEET TO THE SOUTHERLY UNE OF SAID PARCEL 2; THENCE ALONG THE SOUTHERLY UNE OF SAID PARCEL 2, NORTH 89*50*00" WEST A DISTANCE OF 85.21 FEET TO THE EASTERLY RIGHT-OF-WAY UNE OF THAT ROAD KNOWN AS EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 IN SAID COUNTY: THENCE NORTH 09*47*36" WEST A DISTANCE OF 220.50 FEET ALONG SAID EASTERLY RIGHT-OF-WAY UNE OF EL CAMINO REAL TO THE POINT OF BEGINNING. CONTAINING 0.289 ACRES (12,610 SQ. FT.), MORE OR UESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MONT^L BOWERS, RCE 26493 DATE REGISTRATION EXP.: 3-31-14 /5 EXHIBIT "B OWNER: JACK H. SPRAGUE. AS TRUSTEE OF THE "JACK H. SPI^AGUE TRUST 4800 WILLIAMSBURG LANE #104 U\ MESA, CA. 91942 LEGEND: BASIS OF BEARING: THE SOUTHERLY UNE OF LOT 107 AS, SHOWN ON MAP 5704, I.E. N BffSOW W (fi 89'50'W) ( ) P.O.C. P.O.B. VICINITY MAP NOTTO SCALE AREA OF EASEMENT 0.289 ACRES (12,610 SQ. FT) ± INDICATES RECORD DATA POINT OF COMMENCEMDIT POINT OF BEGINNING THE SUPERVISION lONfE L BOWERS. RCE 26493 REGISTRATION EXP.: 3-31-14 CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCa NO. 167-230-24 • V E R 1 I A S • DRAWN BYi SMC DATES 06-27-13 SCALE: r=?00' SHEET NO. lOSaoTiwmSMMl Suit 300 SM(a«,«.eAtiui CHECKED BY^ MB DATE 06-27-13 1 OF 2 Tkl: (SM) 4St.StM fmi (Ut) 4f MMS wiMKMJMawMiteMm APPROVED Bti MB DATE: 06-27-13 1 OF 2 17 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Cleric CITY OF CARLSBAD 1200 Carlsbad 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 conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carisbad, and Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: Widening 167-230-25-00 PR 12-46 (PR120046) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, Jack H. Sprague as Tmstee of tiie Jack H. Sprague Trust the owner of real property described herein located In ttie Ctty of Carisbad, San Dtego County, Califomta hereby GRANTS to City of Carisbad, a Municipal Corporation a TEMPORARY EASEMENT FOR SLOPE AND CONSTRUCTION PURPOSES over, under, upon and across said real property togettier witii the right to constmct, grade, remove and deposit soli and constmction materials, conduct operations related to the constmctton of adjacent facilities and features, clear landscape. Inspect, and maintain witiiln tiie bounds of said easement as described in Exhibtt "A" consisting of one (1) page, attached hereto and made a part hereof. (Exhibit "B" consisting of two (2) pages ts attached for clarity only) This temporary slope and constmctton easement shall automatically expire once ttie City of Carisbad accepts the Improvements for El Camino Real Road Widening. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// Q.AErtglneeringSharsdK^lal in«>ravement Pragram PreJacls\3QS7 • ECR WManing Tamarad( to Chestnut\Pnqierty A(|iMtion\Sprague\Flnal Easement RequasnGranl Deed of Easament City Slope Constructton. revised 4-16-10 (Sprague}-Temp Parcel 25.docx REV 4/6/10 DATED OWNER: By: (Sign Here) (Print Name Here) (Titie) By: (Sign Here) (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 SUFHCIENT 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 WTTH RESPECT THERETO. (Print Name Here) (Titie) QAEnglnaertngSharadVCapltal Improvement Program Pro]ecls\3857 • ECR Wkiening Tamarack to Ctmtnut\Proper4y /^qulsitk]n\Spngue\Flnal Easement Ret^estVGrant Deed of Easement Cl V Slope ConstniCtkin, revised 4-15-10 (Sprague}-Tenip Parcel 26.docx REV 4/5/10 CALIFORNIA ALLPPURPOSE ACKNOWLEDGMENT State of Galifernia Countyof. On. t-OQ beforeme. } Here Insert Iteme ami title of tiw Oiticer Dato Name<sH^K4' Notary Public State of Washington WILLIAM T OCONNELL My Appointment Expires Aug 16, 2016 Plae* Notary Seel Above who proved to me on the basis of satisfeictory evidence to be ttie person(s) whose nanie(s) is/are subscribed to ttie withtn instrument and acknowledged to me that he/she/they executed ttie same in Ns/herAheir auttiorized capacityCes), and ttiat by Ms/her/ttielr slgnature(s) on ttie Instmment ttie person(s), or ttie entfty upon behalf of which the person(s) acted, executed ttie Instmment I certify under PENALTY OF PERJURY under the laws of the State of California ttiat the foregoing paragraph ts tme and conrect. WITNESS my hanfl and official seal. signature %J^, ^ OPnONAL rPuDBc Though the Infonnation below is not requiied by iaw. it may prove valuable to persons refying on the document and couki f»event fraudulera removal and reattachment cl this fonn to another document Description of Attached Document Tttle or Type of Document:., — — Document Date: . lumber of Pages: Stgn6r(8) OttterThan Named Above: Cap8city(ie8) Cialmed l»y SignerCs) Signer's Name: • Individual • Corporate Officer—THIe(8): • Partner—• Limited • General • Attorney In Fact • IVustee • Guardian or Consenfflrtor • Ottier: Signer Is Representing: RIGHT TMUf.'UPHlMI OF MCrjCR Topofthin^here Signer's Name: • Individual • CorpoFBte Officer—Tltte(8): • Partner—• Limited • Gdneral • Attorney In Fact •Tmstee • Guardian or Consenmtor • Ottier: Signer Is Representing: HIGHT l(iUf.UiPI<irjr GFGlGi^fif; Top of thumb hers C20grHalt(ini<Motgy/^iiiiiTf^fll^««^ llemitSOOT floeritenCa|-ftl«reel-«)l>«7»4827 QAEnolneerlngSharadCapltal invfovemem Program ProJects\38^ of Easement City Slope Conslruction. revised 4-16-10 (SpragueHamp Parcel 25.docx REV 4«/io EXHIBIT "A LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT BEING A PORTION OF LOT "J" OF THE RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD SSi'^^.S^ ^ CAUFORNIA, ACCORDING TO MAP THEREOF NO. 823. nt^D IN Vl^n^h^! ISI RECORDER OF SAN DIEGO COUNTS, NOVEMBER 16, 1896, DESCRIBED iSiA"^^'^ ' *ND 2 IN DEED TO JACK H. SPRAGUE AS TRUSTEE OF THE *JACK H. SPRAGUE TRUSr, RECORDED SEPTEMBER 5, 1995 AS DOCUMENT NO. 1995-0392610 OF OFFICIAL RECORDS IN SAID OFHCE OF THE COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 107 AS SHOWN ON MAP THEREOF NO SISl'ul"- "^S* "NIT NO. 3, FILED IN THE OFFICE OF SAID MUNT RECOVER ON r^'SoiVu™?' "NE OF SAID LOT 107. SAID UNE ALM BEING JM.. ^® ^^'^^ 2 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST. SOUTH 89'50'00" EAST A DISTANCE OF 6.27 FEET; THENCE SOUTHERLY AWNG THE X^\^}S^r^-:^tl OF THAT ROAD KNOWN AS EL CAMINO RE^ AS IwWN ON RoX5 SURVEY 1800-1 IN SAID COUNTY, SOUTH 09'47'36" EAST A DISTANCE OF 220.50 FEET TO TOE NORTHERLY UNE OF SAID PARCEL 1 AS DESCRIBED IN SAID DEED TO JACK H a>IWGUE TO^^^^ THBICE CONTINUING SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY UNE, SOUTH oVirse'' EAST A DISTANCE OF 356.74 FEET ALONG SAID RIGHT OF WAY UNE TO THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTH 09"47' 36" EAST A DISTANCE OF oW TOT TO SOUTHERLY UNE OF SAID PARCEL 1 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST: SL^"-^ *^°NG THE SOUTHERLY UNE OF SAID PARCEL 1, SOUTH M'SOW EAST A ? °/. f^"'" "-"VING SAID SOUTHERLY UNE OF SAID PARCEL 1, NORTH Sl Z^J*^ * DISTANCE OF 73.90 FEET; THENCE NORTH 15'34'40" WEST A DISTANCE OF 79.19 ren; THENCE NORTH 19'09'10" WEST A DISTANCE OF 147.55 FEET; THENCE NORTH 15-06'03" WEST A DISTANCE OF 104.50 FEET TO THE NORTHERLY UNE OF PARKL if THENCE WESTERLY AlfNG SAID PARCEL UNE NORTH 89*50'00" WEST A DISTANT OF 20.73 FEET: THENCE lf°Bl ^ * ""^ANCE OF 111.15 FEET: THENCE SOUTH 2r56'54-EAST A DS^ ?L??;!i HF' THENCE SOUTH 07-14'26» EAST A DISTANCE OF 3i06 FEET; THENCE SOUTH IS'21 04 EAST A DISTANCE OF 30.69 FEET: THENCE SOUTH 25'50'00'' EAST A DISTANCE OF 64.85 FEET: THENCE SOUTH 15'34'40" EAST A DISTANCE OF 61.52 FEET: THENCE SOUTH fnr'?^cT*^r^J'^*N^^ 40.46, FEET; THENCE SOUTH 69-32'51- A ScE OF 2?:22..S"' 5°"™ 71'22*15" WEST A DISTANCE OF 37.29 FEET; THENCE SOUTH 81*27 17 WEST A DISTANCE OF 20.80 FEET TO THE POINT OF BEGINNING AND EASTERLY RIGHT OF WAY UNE OF EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 IN SAID COUNTY 5J APN 167-230-25 (SPRAGUE) CONTAINING 0.208 ACRES (9,058 SO. FT.). MORE OR LESS. EXHIBIT "B" IS AHACHED 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 EXHIBIT "B OWNER: JACK H. SPRAGUE, AS TRUSTEE OF THE "JACK H. SPRAGUE TRUST 4800 WILUAMSBURG UNE #104 LA MESA, CA. 91942 VICINITY MAP NOT TO SCALE LEGEND: BASIS OF BEARING: THE SOUTHERLY UNE OF LOT 107 AS SHOWN ^ ON MAP 5704, I.E. N 89'50*00" W (N 89'50'W) ( ) P.O.C. P.O.B. PREPARED BY OR UNDER THE SUPERVISION OF: WERS. RC!n6493 DATE lONTE/L. BOWERS, RCEr76493 REGISTRATION EXP.: 3-31-14 AREA OF EASEMENT 0.208 ACRES (9.058 SQ. FT) i INDICATES RECORD DATA POINT OF COMMENCEMENT POINT OF BEGINNING lOKOTNmsaMiSuaiSOO RMOimaCAMISI Ttk (US)4St«eD Fac |«SS) 4B|.2S4t CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-230-25 DRAW BY: SMC CHECKED BY: MB APPROVED BY: MB DATE: 06-27-13 OATE: 06-27-1J DATE: 06-27-13 SCALE: 7"=? 00' SHEET NO. 1 OF 2 EXHIBIT "B" -for I -}oe\ JVJAF' j\la. 3704- \BL CAJVJJNO JVJBS ^\/ ujyjT j\ja. 3 V (N 89-50" W PER MAP NO/5704) UNE TABLE UNE BEARING LENGTH Ll N 89-5D'O0" W 6.27' L2 N 89-50'O0" W 20.73* L3 N 15*06'03" W 104.50' L4 N 19'09'10" W 147.55' L5 N 15*34'40" W 79.19' L6 N 61*17*30" E 73.90* L7 N 89'50'00" W 77.24' L8 N 09'47'36" W 0.60' L9 N 8r2ri7" E 20.80' LIO N 7r22*15" E 37.29' LII N 69'32'5r E 29.07' L12 N 61*17*30" E 40.46' L13 N 15'34*40" W 61.52' L14 N 25"50*00" W 64.85' L15 N 15'21'04" W 30.69* L16 N 07*14*26" W 32.06' L17 N 2r56'54" W 21.94* L18 N 15'06'01" W 111.15' JVJAR &23 ^^F/>-yC- AaUA HBOJONaA SCALE: 1" = 100' B U L A U VERITAS 10S20 TiMna SInM auto 30S SM0hse.C*ai1S1 Td: (HB)4SM100 Fw (SSS) 4S1.3S4S wwrjoAurMinvlaMam CITY OF CARLSBAD EXHIBIT "B" TEMPORARY CONSTRUCTION EASEMENT ASSESSOR'S PARCEL NO. 167-230-25 DRAWN BYi SMC CHECKED BYi MB APPROVED BYi MB DATE 06-27-13 DATE 06-27-13 DATE 06-27-13 SCALE r=7oo' SHEET NO. 2 OF 2 Z3 RECORDING REQUESTED FOR THE BENEFIT OF THE CrTY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Cartsbad Village Drive Carlsbad. CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT The undersigned grantor(s) declare(s): Documentary transfer tax ts $0.00 ( ) computed on full value of property convened, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carisbad, and Assessor's Parcel No.: Project ID: Related Project ID: Related Project ID: Project Name: Widening 167-230-25-00 PR 12-46 (PR120046) CIP 3957 El Camino Real Road GRANT DEED OF EASEMENT FOR A VALLJABLE CONSIDERATION, receipt of which Is hereby actcnowledged. Jactc H. Sprague as Trustee ofthe Jack H. Sprague Trust the owner of real property described herein located In the City of Cartsbad, San Diego County, California hereby GRANTS to City of Carisbad, a Municipal Corporation the followtng described real property tn the Ctty of Carisbad, County of San Dtego, State of California: an EASEMENT FOR SLOPE AND DRAINAGE PURPOSE constructed In conjunction wtth public street and public utility purposes over, under, upon and across saki real property together with the right to construct, grade, remove and deposit soil and constructton materials, conduct operations related to the consttuction 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 onty.) Reserving unto the owners of the above-described parcel of land, their successors or assigns, the maintenance of the stope. ifs landscaping, and drainage pattems. Reserving unto the owners of ttie above-described parcel of tand. 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 thereof other adequate lateral support, tiie design and construction of which shall be first approved by ttie Ctty of Carisbad, for the protection and support of said roadway. /// /// /// /// /// /// /// /// /// /// /// /// /// /// aAEngineeringSharedtCapitat InvrmsnienI Program Pn^utia^aasi - ECR Widening Tamarack to ChestntmProperty Aqi<siiion\^gue\Grant Onti of Easement City Slope Consmtedon, revised 4-16-10 (Sprague).P8rcttl 1.docx REV 4/6/10 DATED OWNER: By: U (Sign Here) M $PrA.<ni;^ ... 'u—e"j (Print Name Here" (Titie) By: (Sign Here) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE^»RESIDENT 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 SPECinCALLY 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 WTTH RESPECT THERETO. (Print Name Here) (Title) a\EnglneeringSharedyCaf«tal Invrovamenl Piogram Prt«ecl8V3857 - ECR Widening Tamarack to ChesmutvPropeny Aipjlsllk>n\^gua\Gfant Deed of Easement Oty Stope Cwistniction, revised 4-16-10 (SpiagueH>aroel 1.docx REV 4/6/10 CALIFORNIA ALLPPURPOSE ACKNOWLEDGMENT State of •Califernitt-" County of On 'rjiZ^lj^ personalty appeared befbre me, } IbralnaMtMuneandTWeotmedi^ Notary Public State of Washington WILL/AM T OCONNELL ^^vAppolntfnent Expires Att6. 2016 who proved to me on ttie basis of satisfiactory evidence to be ttie person(s) whose name(s) is/are subscribed to ttie wtthin Instrument and acknowledged to me that he/she/ttiey executed tiie same In Na/her/ttieir auttiorized capacity(ies), and fliat by Ns/hen/ttieir slgnatur6(s) on ttie Instrument ttie person(s). or ttie entity upon behalf of which the person(s) acted, executed ttie instnjment. I certify under PENALTY OF PERJURY under ttie laws of the State of CalHornia that ttie foregoing paragraph Is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signattjre OPTIONAL Signalui* of Notary PubOe Though the inlbnnatlon below is not requtred by law. it may prove valuable to pa«or»s refyfog on the document and could prevent fraudulent removal and reattachment of this fonn fo another document Description of Attached Document TWe or Type of Document: » — Document Dato: • Numtier of Pages: Slgner(8) Ottier Than Named Above: CapacltyCfes) Claimed by Signer(8) Signer's Name: • Individual • Corporate Officer—THIe(s): _ • Partner—• Limited • General • Attomey In Fact • Trustee • Guardian or Conservator • Ottier;.... RIGHT THur.iOPniMr OP SlCrJiiR Top of thumb her» Signer Is Representing:. Signer's Name: • Indh/Mual • Corporate Offtoer—Tltie(s): • Partner—• Limited • General • Attomey in Fact • Trustee • Guardian or Conservator • Ottier: Signer Is Representing:, iSlC.HT IHUf.lUPf<ir.'T Top of Ihumb here oaoTNiiian^^ ttwiWBOr fleortw:CtflbM*aei-«OM78<Kr Q\BH>i™WnBShare*Capllal Invrovement Prrvam Projectsvaesr - ECR VWdertng Tamarack lo ChesfcHJltfToperty Amil8lllon\Spragu*«5ranl Deed of Easement City Skipe Construction, revised 4-16-10 {SpragueH'arcel 1.docx REV 4/»10 10 5J A 5J EXHIBIT A LEGAL DESCRIPTION APN 167-230-25 (SPRAGUE) SLOPE AND DRAINAGE EASEMENT BEING A PORTION OF LOT "J" OF THE 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 COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS PARCELS 1 AND 2 IN DEED TO JACK H. SPRAGUE AS TRUSTEE OF THE "JACK H. SPRAGUE TRUST", RECORDED SEPTEMBER 5, 1995 AS DOCUMENT NO. 1995-0392610 OF OFFICIAL RECORDS IN SAID OFFICE OF THE COUNTY RECORDER. MORE PARTICUURLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 107 AS SHOWN ON MAP THEREOF NO. 5704, EL CAMINO MESA UNIT NO. 3, FILED IN THE OFFICE OF SAID COUNTY RECORDER ON MARCH 4, 1988, THENCE ALONG THE SOUTHERLY UNE OF SAID LOT 107, SAID UNE ALSO BEING THE NORTHERLY UNE OF SAID PARCEL 2 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST, SOUTH 89'50*00" EAST A DISTANCE OF 6.27 FEET; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT-OF-WAY UNE OF THAT ROAD KNOWN AS EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 IN SAID COUNTY, SOUTH 09'47'36" EAST A DISTANCE OF 220.50 TO THE NORTHERLY UNE OF SAID PARCEL 1 AS DESCRIBED IN SAID DEED TO JACK H. SPRAGUE TRUST AND THE TRUE POINT OF BEGINNING: THENCE CONTINUING SOUTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY UNE, SOUTH 09'47'36" EAST A DISTANCE OF 356.74 FEET; THENCE NORTH 8r27'17" EAST A DISTANCE OF 20.80 FEET; THENCE NORTH 71*22*15" EAST A DISTANCE OF 37.29 FEET; THENCE NORTH 69'32*51" EAST A DISTANCE OF 29.07 FEET; THENCE NORTH 61*17*30" EAST A DISTANCE OF 40.46 FEET; THENCE NORTH 15*34*40" WEST A DISTANCE OF 61.52 FEET: THENCE NORTH 25*50*00" WEST A DISTANCE OF 64.85 FEET; THENCE NORTH 15*21*04" WEST A DISTANCE OF 30,69 FEET; THENCE NORTH 07*14*26" WEST A DISTANCE OF 32.06 FEET; THENCE NORTH 21*56*54" WEST A DISTANCE OF 21.94 FEET; THENCE NORTH 15*06*01" WEST A DISTANCE OF 111.15 FEET TO THE NORTHERLY UNE OF SAID PARCEL 1; THENCE NORTH 89*50*00" WEST ALONG SAID NORTHERLY UNE OF PARCEL 1 A DISTANCE OF 85.21 FEET TO THE WESTERLY RIGHT OF WAY UNE OF THAT ROAD KNOWN AS EL CAMINO REAL AS SHOWN ON ROAD SURVEY 1800-1 IN SAID COUNTY AND BEING THE POINT OF BEGINNING. CONTAINING 0.802 ACRES (34,940 SQ. FT.), MORE OR LESS. EXHIBIT "B" IS ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. PREPARED BY OR UNDER THE SUPERVISION OF: MDNTE/L BOWERS, RCE: 26493 REGISTRATION EXP.: 3-31-14 ^7 EXHIBIT "B OWNER: JACK H. SPRAGUE. AS TRUSTEE OF THE "JACK H. SPRAGUE TRUST" 4800 WILUAMSBURG UNE #104 LA MESA. CA. 91942 VICINITY MAP NOT TO SCALE BASIS OF BEARING: THE SOUTHERLY LINE OF LOT 107 AS SHOWN ON MAP 5704. I.E. N 89'50'00" W (N 89-50*W) PREPARED BY OR UNDER THE SUPERVISION OF: LEGEND: ( ) P.O.C. P.O.B. MONTE U BOWERS, RCE: 26493 REGISTRATION EXP.: 3-31-14 DATE AREA OF EASEMENT 0.802 ACRES (34.940 SQ. FT) db INDICATES RECORD DATA POINT OF COMMENCEMENT POINT OF BEGINNING 1IMS0 TiMM SkMl ault 208 8MDIiea,CAt2t3l Td- (SSS} 4414100 Fte {SSS) 4Si.asa DRAWN BY: SMC CHECKED BY: MB CITY OF CARLSBAD EXHIBIT "B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCEL NO. 167-230-25 APPROVED BY: MB DATE: 06-27-13 OATC; 06-27-13 OATE: 06-27-13 SCALE: /"sr/00' SHEET NO. 1 OF 2 9 0 EXHIBIT "B" -JOT I -joe\ JS/JAP' Na. &ro-4 BL CAjVJJNa J\/iBSA UNIT yVO- 3 (N 89-50" W PER MAP N0./5704) N 89'50'00" W ^ UNE TABLE UNE BEARING LENGTH Ll N 89'50*00" W 6.27* L2 N 81*27*17" E 20.80' L3 N 7r22*15" E 37.29' L4 N 69*32'5r E 29.07' L5 N 61*17'30" E 40.46' L6 N 15-34'40" W 61.52* L7 N 25*50*00** W 64.85' L8 N 15*21'04'* W 30.69' L9 N 07'14*26'* W 32.06' LIO N 21*56*54'* W 21.94* LII N lyOB'OI" W 111.15' L12 N 89*50*00" W 85.21' Lor J MAP BS3 RHO. AaUA hJBOJOjyoA SCALE: 1" = 100' CITY OF CARLSBAD EXHIBIT *'B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCa NO. 167-230-25 • B U R F A U • EXHIBIT *'B" SLOPE AND DRAINAGE EASEMENT ASSESSOR'S PARCa NO. 167-230-25 • V F R il A S I DRAWN BY: SMC DATE: 06-27-13 SCAiE: 1''=100' SHEET NO. 10SM TcNM SkMl Sdtt MO SanDligab CA Still T«i: (UI)4S14100 FM: (S6S}491.a4S mmmimmHmUum CHECKED BY: MB DATE: 06-27-13 2 OF 2 10SM TcNM SkMl Sdtt MO SanDligab CA Still T«i: (UI)4S14100 FM: (S6S}491.a4S mmmimmHmUum APPROVEO BY: MB DATE: 06-27-13 2 OF 2