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HomeMy WebLinkAboutPR 08-04; Calavera Hills II LLC; 2008-0069206; EasementDOC# 2008-0069206 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT FEB11,2008 2:01 PM OFFICIAL RECORDScjAN DIEGO COUNTY RECORDER'S OFFICE G F; E G 0 RY J. S MIT H. CO 11N T Y R E CO R D E R FEES: 0 00 OC NA PAGES: 13 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Assessor's Parcel No.: Project No. & Name: 167-101-19 PR 08-04 Calavera Hills Village H Trail Easement GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Calavera Hills II, LLC, a California limited liability company hereby GRANTS to City of Carlsbad, a Municipal Corporation the following described real property in the City of Carlsbad, County of San Diego, State of California: an easement for PUBLIC TRAIL PURPOSES over, under, upon and across said real property as described in Exhibit "A", attached hereto and made a part hereof. Exhibit "B" is attached for clarity only. Calavera Hills II, LLC, a California limited liability company (Name of Company) Its Manager, MoMillir^ / Companies, LLC^^Delaware limited liaj^ityy£&/npanyy' (Signature) Brian Milich (Type or Print) Senior Vice President By: By: Name: Title: By: (Type or Print) v Name: Title: (Signatuj£) Don Mitchell (Type or Print) Senior Vice President (Type or Print) (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ Date personally appeared before me, } WV\\\CV\ Here Insert Name itle of the Officer . and-T I>Qr> Name(s) of Signer(s) Conwnfttton * IMTOM •on OMgo County J it Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^) whose name(s)4s/^fre)subscribed to the within instrument and acknowledged to me that he/she/tfi^^xecLrted the same in his/her/t^ej^ authorized capacity(<lp and that by NtWter^fieiij signature^ on the instrument the person^, or the entity upon behalf of which the person® acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS 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: ____; n Individual D Corporate Officer —Title(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ; Signer Is Representing:_ RIGHT THUMBPRiNT OF SIGNER I Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NaflonalNotary.org Item #5907 Reorder:CallToD-Fwe 1 -800-876-6827 Word\Masters\Forms\Grant Deed of Easement - City 6/1/00 October 25, 2007 J.N.: 981020-3 Page 1 of 4 EXHIBIT "A" LEGAL DESCRIPTION VILLAGE VH' TRAIL EASEMENT THAT PORTION OF LOT J, OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16, 1896, BEING AN EASEMENT FOR PEDESTRIAN TRAIL PURPOSES 20 FEET WIDE LYING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: PARCEL 'A' BEGINNING AT THE NORTHEASTERLY CORNER OF AN ROAD DEDICATION EASEMENT FOR PUBLIC STREET PURPOSES RECORDED AS GRANT DEED 2006- 0480549, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 7, 2006, SAID POINT BEING ON THE WESTERLY BOUNDARY OF MAP NO. 10860, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 28, 1984; SAID POINT ALSO BEING THE BEGINNING OF A NON-TANGENT 678.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID BEGINNING OF CURVE BEARS SOUTH 02°21'14" EAST; THENCE LEAVING SAID WESTERLY BOUNDARY AND ALONG THE NORTHERLY LINE OF SAID ROAD DEDICATION, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°26'34" A DISTANCE OF 372.07 FEET; THENCE NORTH 60°54'40" WEST, 28.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID ROAD DEDICATION NORTH 32°12'47" WEST, 120.98 FEET TO THE BEGINNING OF A TANGENT 200.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°49'34" AN ARC DISTANCE OF 51.75 FEET TO THE BEGINNING OF A TANGENT REVERSE 200.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°46'38" AN ARC DISTANCE OF 86.49 FEET; THENCE TANGENT TO SAID CURVE NORTH 42°09'51" WEST, 50.56 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; O:\LegaLDescriptions\981020\VilIage-H-Trail-Emt.lgl.doc October 25, 2007 J.N.: 981020-3 Page 2 of 4 THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°44'41" AN ARC DISTANCE OF 48.42 FEET TO THE BEGINNING OF A TANGENT REVERSE 300.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10°20'28" AN ARC DISTANCE OF 54.15 FEET; THENCE TANGENT TO SAID CURVE NORTH 24°45'38" WEST, 19.67 FEET TO A POINT HEREIN AFTER REFERED TO AS POINT *A'; THENCE CONTINUING NORTH 24°45'38" WEST, 21.05 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°56'33" AN ARC DISTANCE OF 20.84 FEET; THENCE TANGENT TO SAID CURVE NORTH 36°42'11" WEST, 88.16 FEET TO THE BEGINNING OF A TANGENT 500.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°41'00" AN ARC DISTANCE OF 49.60 FEET; THENCE TANGENT TO SAID CURVE NORTH 31°01'11" WEST, 30.77 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°07'58" AN ARC DISTANCE OF 40.37 FEET; THENCE TANGENT TO SAID CURVE NORTH 54°09'09" WEST, 63.78 FEET TO THE BEGINNING OF A NON-TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 38°06'26" WEST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°43'14" AN ARC DISTANCE OF 22.45 FEET; THENCE TANGENT TO SAID CURVE NORTH 26°10'20" WEST, 101.74 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°39'01" AN ARC DISTANCE OF 22.08 FEET; THENCE TANGENT TO SAID CURVE NORTH 38°49'21" WEST, 40.25 FEET TO A POINT ON THE EASTERLY BOUNDARY OF RECORD OF SURVEY 9336, RECORDED MAY 12, 1983 AS FILE NO. 83-157668, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF THE ABOVE STRIP OF LAND SHALL BE EXTENDED AND SHORTENED TO TERMINATE AT THE SAID NORTHERLY LINE OF ROAD DEDICATION 2006-0480549 AND SAID EAST LINE OF R.O.S. 9336. AREA = 18,659 S.F. OR 0.43 ACRES MORE OR LESS O:\Legal_Descriptions\981020\Village-H-Trail-Emt.lgl.doc October 25, 2007 J.N.: 981020-3 Page 3 of 4 PARCEL »B' BEGINNING AT SAID POINT *A', SAID POINT BEING A POINT ON THE CENTERLINE OF SAID PARCEL 'A' AND THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 65°14'22" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°25'55" AN ARC DISTANCE OF 56.23 FEET; THENCE TANGENT TO SAID CURVE NORTH 39°40'17" EAST, 62.80 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64°25'37" AN ARC DISTANCE OF 28.11 FEET; THENCE TANGENT TO SAID CURVE NORTH 24°45'20" WEST, 140.23 FEET TO THE BEGINNING OF A TANGENT 50.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20°46'45" AN ARC DISTANCE OF 18.13 FEET; THENCE TANGENT TO SAID CURVE NORTH 45°32'05" WEST, 14.44 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52°11'18" AN ARC DISTANCE OF 22.77 FEET; THENCE TANGENT TO SAID CURVE NORTH 06°39'13" EAST, 74.98 FEET TO THE BEGINNING OF A TANGENT 10.00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 125°12'35" AN ARC DISTANCE OF 21.85 FEET; THENCE TANGENT TO SAID CURVE SOUTH 48°08'12" EAST, 38.73 FEET TO THE BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 99033127" AN ARC DISTANCE OF 34.75 FEET; THENCE TANGENT TO SAID CURVE NORTH 32°18'21" EAST, 47.37 FEET TO THE BEGINNING OF A TANGENT 75.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°40'24" AN ARC DISTANCE OF 36.22 FEET; THENCE TANGENT TO SAID CURVE NORTH 04°37'57" EAST, 85.01 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE, CONCAVE EASTERLY; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27°58'36" AN ARC DISTANCE OF 48.83 FEET; THENCE TANGENT TO SAID CURVE NORTH 32°36'33" EAST, 263.91 FEET TO A POINT ON THE BOUNDARY OF RECORD OF SURVEY 9336, RECORDED MAY 12, 1983 AS FILE NO. 83-157668, IN THE CITY OF CARLSBAD, COUNTY OF SAN O:\Legal_Descriptions\981020\Village-H-TraiI-Emt.igl.doc October 25, 2007 J.N.: 981020-3 Page 4 of 4 DIEGO, STATE OF CALIFORNIA, SAID POINT ALSO BEING THE POINT OF TERMINUS. THE SIDELINES OF THE ABOVE STRIP OF LAND SHALL BE EXTENDED AND SHORTENED TO TERMINATE AT THE SAID BOUNDARY LINE OF R.O.S. 9336. AREA = 19,286 S.F. OR 0.44 ACRES MORE OR LESS O:\Legal_Descriptions\981020\Village-H-Trail-Emt.lgl.doc 8 £845/5 OF BEARINGS: THE BASIS OF BEARINGS IS THE WESTERL Y LINE OF MAP 10860 I.E. N 24?5'10" W LEGAL DESCRIPTION PORTION OF LOT J OF MAP HO. 823, RANCHO AGUA HEDIONDA PROPERTY BOUNDARY RIGHT OF WAY TRUE POINT OF BEGINNING POINT OF BEGINNING POINT OF TERMINUS AREA OF EASEMENT PARCEL ' A'=1 8,659 S.F. OR 0.43 ACRES MORE OR LESS PARCEL 'B'=19,286 S.F. OR 0.44 ACRES MORE OR LESS 0'400' SCALE: 1" = 400' 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 VICINITY MAP NO SCALE CALAVERA HILLS VILLAGE H' APPLICANT;TRAIL EASEMENT DATE: OCTOBER 2007 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 SHEET 1 OF 6 SHEETS PR 07 XXX' 08-04 R.C.E. 32014 EXP. 12/31/08 A.P.N. 167-101-19 G:\981020\9820HZ02.dwg Oct 26, 2007 10: Ham Xrefs: CVD-DED * \ » » MAP NO, 10830 82-18 ROAD DEDICATION REC. JULY 07, 2006 DOC. NO. 2006-0480549 3201 12/31/08 NOTE: SEE EASEMENT DATA SHEET 6 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 CAIAVERA HILLSVILLAGE //' APPLICANT:TRAIL EASEMENT DATE: OCTOBER 2007 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 R.C.E. 32014 'EXP.1 2/31/08 SHEET 2 OF 6 SHEETS PR 07 XXX A.P.N. 167-101-19 G:\981020\9820HZ02.dwg Oct 26, 2007 2:35pm Xrefs: CVD-OED t a& 9335 CONSULT A^NTS 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 am SCfSHCET! SEE EASEMENT DATA SHEET 6 0' 60' --• • CALAVERA HILLS SCALE: 1- - 60' VILLAGE H* APPLICANT;TRAIL EASEMENT DATE: OCTOBER 2007 CALAVERA HILLS II, LLC\ 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 O'DAYJ R.C.E. 32014 (EXP. 12/31/08 SHEET 3 OF 6 SHEETS PR 07 XXX A. P.M. 167-101-19 G:\981020\9820HZ02.dwg Oct 26, 2007 10:15om Xrefs: CVD-DED SEE SHEET 5 NOTE: SEE EASEMENT DATA SHEET 6 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 CAIAVERA HILLSVILLAGE H' APPLICANT:TRAIL EASEMENT DATE: OCTOBER 2007 CAIAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 /6/&-/0? /7 R.C.E, 32014 EXP.12/31/08 SHEET 4 OF 6 SHEETS PR 07 XXX A.P.N. 167-101-19 G: \981020\9S20HZ02.dwg Oct 26, 2007 1C: 15om Xrefs: CVD-DED C D N S U L T TS 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX: 760-931-8680 SEE SHEET 4 NOTE: SEE EASEMENT DATA SHEET 6 CALAVERA HILLS VILLAGE //' APPLICANT:TRAIL EASEMENT DATE: OCTOBER 2007 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 GEC$GE'0'DAY/ / 7 R.C.E. 32014 VEXP. 12/31/08 SHEET 5 OF 6 SHEETS PR 07 XXX A.P.N. 167-101-19 G: \981020\9820HZ02.dwg Oct 26, 2007 10:15am Xrefs: CVD-DED EASEMENT DATA (NO) / 91 Z 2-3 3-4 A KT 3 5-6 6-7 7-8 8-9 9-10 in 11 11-12 12-13 13-14 14-15 15-16 16-17 17-18 ia 10 PARCEL DELTA/BEARING M Wf9'47" Ufli J* If T/ n &=14'49'34" &=24'46'38" M A.9Y)Q>ftf* W/» t<£ (jy 3i if &=27'44'41" &=W20'28' N 24'45'38" W N 24'45'38" W ^H'56'33" M WA9'11* W/» uO "r£ II n A=05'41'00" N 31V1'11" W A=23V7'58" N 54W09" W A=25'43'14" N 2610'20" W &=12'39'01* id w*a'9f* a/ 'A' RADIUS 200.00' 200.00' 100.00' 300.00' 100.00' 500.00' 100.00' 50.00' 100.00' LENGTH 1 on no'IJfU.yo 51.75' 86.49' Kn KC'uu.jo 48.42' 54.15' 19.67' 21.05' 20.84' OO 1C'OO.IO 49.60' 30.77' 40.37' 63.78' 22.45' 101.74' 22.08' An VK' lT 2710 LOKER AVE. W. SUITE 100 CARLSBAD, CA 92010 760-931-7700 FAX* 760-931-8680 PARCEL 'B' (NO) 8-20 20-21 21-22 22-23 23-24 24-25 25-26 26-27 27-28 28-29 29-30 30-31 31-32 32-33 33-34 34-35 DELTA/BEARING &=64?5'55>' N 39'40'17" E ^=64'25'37" N 24'45'20" W &=20'46'45" N 45'32'05" W 6=521 1'1 8" N 06'39'13" E &=12512'35" S48W12" E A=99'3J'27" N 3218'21" E &=27'40'24* N 04'37'57" E A=27'58'36" N 32'36'33" E RADIUS 50.00' 25.00' 50.00' 25.00' 10.00' 20.00' 75.00' 100.00' LENGTH 56.23' 62.80' 28.11' 140.23' 18.13' 14.44' 22.77' 74.98' 21.85' 38.73' 34.75' 47.37' 36.22' 85.01' 48.83' 263.91' CALAVERA HILLS VILLAGE H' APPLICANT:TRAIL EASEMENT DATE: OCTOBER 2007 CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106 (619) 794-1252 ~GEQf?GE O'DAW R.C.E. 3201P EXP. 12/31/08 SHEET 6 OF 6 SHEETS PR 07 XXX A.P.N. 167-101-19 G:\981020\9820HZ02.dwg Qct 26, 2007 10:15am Xrefs: CVD-DED CERTIFICATION FOR ACCEPTANCE DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed of Easement from Calavera Hills II, LLC, to the City of Carlsbad, California, a municipal corporation, is hereby accepted by the City Council of the City of Carlsbad, California, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: February 11. 2008