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Home My WebLink AboutCT 02-16; Foothills at Carlsbad Homeowners Association; 2020-0679542; EasementDOC# 2020-0679542 Nov 02, 2020 01:53 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PCOR: N/A PAGES: 7 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE 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 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.. 168-360-06 Project ID: Related Project ID: Related Project ID: Dki & Aid . 101-5 El camino Redi Project Name: rinprorelnen 4-5 al ClInnerl Ri4 CTP &Ogg GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The Foothills at Carlsbad Homeowners Association, a California nonprofit mutual benefit corporation the owner of real property described herein located in the City of Carlsbad, San Diego County, California hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for pedestrian bridge and utility purposes. The pedestrian bridge easement granted herein shall be granted for the following purposes: the right to construct, maintain, operate, repair and replace said bridge, utilities and areas that abut the bridge including but not limited to sidewalk, cobblestone and fencing. The utility easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities. Said facilities may include utilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also include a means of access to and from said facilities for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facilities. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built, nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit "A". Exhibit "B" is attached for clarity only. (SIGNATURES ON FOLLOWING PAGE) DATED \6\ at-i OWNER: The Foothills at Carlsbad Homeowners Association, a California nonprofit mutual benefit corp 'on By: piyu ign Her (Title) (Si n Here),(4,(11—_ -11-61-HiS AL:Zi (Print Name Here) By: DATED iv (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 SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN p (Print Name Here) 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 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) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF(37V b:-(;),9 On / (i) //1,9. II /1 . before me, 1 A-t,ie ,Notary Public, personally appeared 1 id A O 6 4,4/' --4- (ft 1 MA , 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 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 my hand and official seal. Signature I M. RtNGSTAFF (Seal) COMM. #2105937 a Notary Public - California San Diego County — My Comm. Expires Apr. 14, 2019 SIGNATURE D. RIIPINEN 942 EXHIBIT "A" PERMANENT EASEMENT APN 168-360-06 THAT PORTION OF LOT 7 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608 RECORDED IN THE COUNTY RECORDER OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS DISK STAMPED CLSB-105 ACCORDING TO RECORD OF SURVEY MAP NO. 17271 FILED IN THE OFFICE OF THE COUNTY RECORDER ON FEBRUARY 8, 2002 WHICH BEARS SOUTH 66°49'06" EAST 2449.61 FEET FROM A BRASS DISK STAMPED CLSB-110 ACCORDING TO SAID RECORD OF SURVEY MAP; THENCE NORTH 40°54'40" EAST 243.30 FEET TO THE SOUTHERLY LINE OF SAID LOT AND THE BEGINNING OF A 6837.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 23°24'33" WEST, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; 1. THENCE ALONG SAID SOUTHERLY LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 0°07'06" A DISTANCE OF 14.13 FEET; 2. THENCE LEAVING SAID SOUTHERLY LINE NORTH 68°23'19" EAST 42.91 FEET; 3. THENCE SOUTH 66°36'41" EAST 1.55 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 7; 4. THENCE ALONG SAID SOUTHEASTERLY LINE SOUTH 30°45'21" WEST 30.62 FEET TO THE SOUTHEASTERLY CORNER OF SAID LOT; 5. THENCE ALONG SAID SOUTHERLY LINE OF SAID LOT NORTH 66°35'27" WEST 13.84 FEET TO THE TRUE POINT OF BEGINNING. AREA = 448 SQUARE FEET, MORE OR LESS SEE EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTION ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE VI (UNLESS OTHERWISE NOTED). DIVIDE DISTANCES SHOWN BY 0.999962440 TO OBTAIN GROUND DISTANCES. PAGE 1 OF 1 EXHIBIT "B" THE BEARINGS AND DISTANCES USED IN THIS EXHIBIT ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 5. DIVIDE DISTANCES BY 0.999962440 TO OBTAIN GROUND DISTANCES `/J 1 0 20 40 80 4I7 MAD 15608 L017 //OPE\ SPACE APN 168-360-06 43 PM 17985 1 itqz LEGEND PERMANENT EASEMENT AREA = 448 S.F. MORE OR LESS 4 9 / PT. NO. 105 P.O.C. TEMPORARY CONSTRUCTION EASEMENT AREA= 11,367 S.F. MORE OR LESS P.O.C. POINT OF COMMENCEMENT T.P.O.B. TRUE POINT OF BEGINNING NOTE: SEE SHEET 2 FOR TABULATED LINE AND CURVE DATA. A CONTROL. POINT PER ROS 17271 SHEET 1 OF 2 EL CAMINO REAL BRIDGE IMPROVEMENTS SCALE: 1" = 40' DESCRIPTION: A PORTION OF LOTS 7 OF CARLSBAD TRACT NO. 02-16, MAP 15608 DRAFTED: KA OWNER: FOOTHILLS AT CARLSBAD HOA AGUIRRE & ASSOCIATES 8363 CENTER DRIVE, SUITE 5A, LA MESA, CA 91942 PH: (619)464-6978 FAX: (619)464-7203 CHECKED: JR SURVEYING • MAPPING • RIGHT-OF-WAY ENGINEERING DATE PREPARED: 5-21-2018 ADDRESS: CARLSBAD, CA 92010 ExH.151 7" /f CURVE TABLE CURVE NO. DELTA RADIUS LENGTH Cl 0'07'06" 6837.00' 14.13' C2 0'16'54" 6837.00' 33,60' C3 6347'38" 25.00' 27.84' LINE TABLE LINE NO. DIRECTION LENGTH Li N 66'35'27" W 13.84' L2 N 68'23'19" E 42.91' L3 S 66'36'41" E 1.55' L4 S 30'4521" W 30.62' L5 S 66'32'15" E 52.79' L6 N 20'09'28" W 48.11' L7 N 22'5433" E 70.80' L8 S 66'0842" E 22.38' L9 N 35'35'42" E 16.97' L10 N 30'11'26" E 52.40' L11 N 29'00'56" E 38.64' L12 N 30'29'10" E 7.49' L13 S 59'30'50" E 43.76' L14 S 30'45'21" W 230.59' DESCRIPTION: A PORTION OF LOTS 7 OF CARLSBAD TRACT NO, 02-16, MAP 15608 OWNER: FOOTHILLS AT CARLSBAD HOA ADDRESS: CARLSBAD, CA 92010 EL CAMINO REAL BRIDGE IMPROVEMENTS AGUIRRE & ASSOCIATES 8363 CENTER DRIVE, SUITE 5A, LA MESA, CA 91942 PH: (619)464-6978 FAX: (619)464-7203 SURVEYING MAPPING RIGHT-OF-WAY ENGINEERING SHEET 2 OF 2 SCALE 1" = 40' DRAFTED: KA CHECKED: JR DATE PREPARED: 5-21-2018 Hector Gomez Deputy City Clerk CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed, dated October 24, 2018, from The Foothills at Carlsbad Homeowners Association to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, a Municipal Corporation, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: August 27, 2020 (SEAL)