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Home My WebLink About6607; Capps, Katie Jean & Kenneth Paul; 2023-0082535: EasementRECORDING 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 DOC# 2023-0082535 111111111111111111111111111111111111111111111111111111111111111111 IIII Mar 30, 2023 11 :43 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atki ns: $0 00) PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and Assessor 's Parcel 206-180-43 No.: Project ID: _:::;.C:.:..IP....;6:.:6;.;:;0-=-7 ____ _ Related Project ID: DWG No. 534-3 Related Project ID: ________ _ Project Name: Highland Drive and Hoover Street Storm Drain Realignment GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, 1~ . ..f:1~:!:::::::~~-=12.~::::.......:~"&4.q..1'.l::::~~~UJ~~--1.J~rt:;1,d,;{' Grantor"), the owner of real property describe herein located in t e City of Carlsbad, San Die County, California ("Property") hereby GRANTS to City of Carlsbad, a Municipal Corporation ("Grantee") the following described real property in the City of Carlsbad, County of San Diego, State of California: AN EASEMENT FOR STORM DRAIN PURPOSES ("Easement") to: (i) construct, maintain, operate, repair and replace a storm drain system as shown on City Drawing Number 534-3. Grantee's activities shall occur within the bounds of said Easement, as more particularly described in Exhibit "A" consisting of one ( 1) page, attached hereto and made a part hereof, but shall also include means of access to and from said facilities to fulfill the purposes of the Easement. (Exhibit "B" is attached hereto consisting of two (2) pages for clarity only.) LOCATION OF THE EASEMENT: The easement granted herein shall be located within and upon the property more particularly described in Exhibit "A". Exhibit "B" is attached for clarity only. (SIGNATURES ON FOLLOWING PAGE) By: (Print Name Here) DATED_.3_-_l_b_~_c)-_2 (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 (Title) ~INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL By: ....__+VC....-;;;..Jl~-"""-"'""""'7""'-=-"'-~--'--=------,.-"---THIS MATTER. /) ·~· :ML SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN ( Here) k L ' C IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS a u ' e~ -e 4 n ~ h°P ,5 EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS 'nt Name Here) 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 ) couNrv oF Sq,11 /Ji e 6G On 9 /Jf~ 20Z2 A lS ;/ ~( , Notary Public, personally appeared --+-"' ............ ..:....i....&.:a......L..JL-+----'-'____;;;-'------1..+-L-=--~;::::.:..;.=-a...,_,...LL--=...;~-,.......=,....~• who proved to me on the basis of satisfacto ubscribed to the within instrument and acknowledged to m~at he/she e executed the same in h~er~ authorized capacity(iesT.> and that by ,b_i.siher~ signature s n the instrument the perso~ or'lf're" entity upon behalf of'vJnich the perso~cted, 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. f'a" ROSEMARIE ~LEN MILLE~ 1 ii Coffl"I ••Ion No. 2258486 ~ II NOlMY l'UalC-cALIFOIWA M I . MN DIEGO COUNTY - i MJC-.~IEmMIER18,2Q22' ~Ocal, 1 t •. .. ROS~MARIE HELEN MIUE~ 1 H • Commluion No. 2258466 ii( ~ . . NOTARY PUBllC-CALIFORNIA M I . SAN DIEGO COUNTY .... i., 1 Comtn. E~ SEPTaeER 18, 2022 J DocuSign Envelope ID: 6752BA13-2331-4DA5-B336-5406F06939B6 EXHIBIT "A" LEGAL DESCRIPTION STORM DRAIN EASEMENT APN 206-180-43 NOVEMEBER 4 , 2021 Page 1 of 1 A 10-FOOT WIDE STORM DRAI N EASEMENT LYING 5 FEET ON EACH SIDE, OVER, UNDER , AND UPON THAT PORTION OF PARCEL BIN THE CITY OF CARLSBAD , COUNTY OF SAN DIEGO, STATE OF CALIFORNIA , ACCORDING TO PARCEL MAP 1117 THEREOF , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, NOVEMEBER 16, 1972, AS FILE NO . 1972-307952, O.R .; THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS : COMMENCING AT A FOUND 3-INCH SAN DIEGO COUNTY DISK STAMPED "BM-OC 155", ALSO BEING A HORIZONTAL AND VERTICAL CONTROL MONUMENT AS SHOWN ON RECORD OF SURVEY 17271, AS FILE NO. 2002-0112862 O.R., IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY , ON FEBRUARY 8, 2002; THENCE SOUTH 38°54 '44 " EAST, 2412 .28 FEET TO A FOUND 2 .5-I NCH DISK STAMPED "CSLB-130 L.S . 6215" ALSO BEING A HORIZONTAL AND VERTICAL CONTROL MONUMENT AS SHOWN ON SAID RECORD OF SURVEY 17271 ; THENCE SOUTH 61 °55'09" EAST , 7532 .51 FEET TO CONTROL POINT A, SAID POINT BEING A MAGNAIL IN ASPHALT HAVING ES TABLISHED NORTH AMERICAN DATUM 1983 (EPOCH 1991 .35 ) GRID COORDINATES OF NORTHI NG: 2000178.86, EASTING: 6231490 .99, OF ZONE 6 OF CALIFORNIA STATE COORDINATE SYSTEM ; THENCE SOUTH 09 °35'37" EAST , 420 .21 FEET TO CONTROL POINT B, SAID POINT BEING A FOUND MAGNAIL IN ASPHALT HAVING ESTABLISHED NORTH AMERICAN DATUM 1983 (EPOCH 1991 .35) GRID COORDINATES OF NORTHING : 1999764 .48, EASTING : 6231561 .03, OF ZONE 6 OF CAL I FORNIA STATE COORDINATE SYSTEM; THENCE SOUTH 53°19 '46" WEST , 131.95 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE EASTERLY BOUNDARY LINE OF SAID PARCEL B, LYING DI STANT THEREON , 27.91 FEET (NORTH 13°39' WEST) FROM THE SOUTHEASTERLY CORNER OF SAID PARCEL B THEREOF, THENCE LEAVING SAID EASTERLY LINE SOUTH 48 °47'44" WEST , 39 .29 FEET; THENCE SOUTH 72°37'24" WEST , 2 7 .06 FEET; THENCE NORTH 74°18 '49" WEST , 44 .72 FEET ; THENCE SOUTH 77 °20'02" WEST , 16.64 FEET TO A POINT ON THE SOUTHWESTERLY BOUNDARY LINE OF SAID PARCEL B. THE SIDELINES OF SAID EASEMENT TO BE PROLONGED OR SHORTENED TO MEET AT ANGLE-POINT INTERSECTIONS AND SHALL BE LENGTHENED OR SHORTENED TO TERMINATE ON THE SOUTHWESTERLY AND EASTERLY BOUNDARY LINE OF SAID PARCEL B. AREA EQUALS OF 0 .03 ACRES , MORE OR LESS . DocuSign Envelope ID: 6752BA 13-2331-4DAS-B336-5406F06939B6 EXHIBIT "8" P.0.C. {lg DESCRIPTION (PER ROS 17271) N 2005601.527 (RECORD) 1 3-INCH SAN DIEGO COUNTY DISK J' E 6223329.966 (RECORD) STAMPED "BM-OC 155" ~ 7 \. -&s ELEV= 20.40 (RECORD) ~ ~ '\ 51", CSF= 0.999962820 2 2.5-INCH DISK STAMPED <✓, -~<9-~~ ,, 2 "CLSB-130 L.S. 6215" ~ ~ ·~~------,Grom~mTRw)RD) ~ \>'% "'-N 2003724.503 (RECORD) f)-~ , ~1 E 6224845.188 (RECORD) .,e:-. ELEV= 40.910 (RECORD) 0 ,.C} M'r CSF= 0.999962080 \~\1r: ", / :-::s.1 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS PLAN IS THE CALIFORNIA COORDINATE SYSTEM (CCS 83), ZONE 6, EPOCH 1991 .35, GRID BEARING BETWEEN MAG NAILS POINT A AND POINT B LEGAL DESCRIPTION THAT PORTION OF PARCEL B IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 1117 THEREOF, FILED IN OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 16, 1972 AS FILE NO. 1972-307952, O.R. LEGEND: s 6 '<s7, lfc~'s, (c ~9,,i?10) QA,'-( 'Yz y TIE LINE ONLY S 53"19'46" W 131.95' T.P.0.8. SEE SHT. 2 FOR DETAIL PROP. STORM DRAIN EASEMENT ROAD CENTERLINE ,---, L ___ _l Prepared by: PROP. EASEMENT CENTERLINE EXISTING LOT LINES RIGHT-OF-WAY (R/W) EXISTING EASEMENT LINES c~/??~ CITY OF CARLSBAD TRANSPORTATION DEPARTMENT 1635 Faraday Avenue, Carlsbad, CA 92010 11/04/2021 Dote CONTROL POINT A MAG NAIL IN AC N 2000178.812 E 6231490.998 -(I ,;, f- ~ CONTROL POINT B MAG NAIL IN AC N 1999794.480 E 6231561.030 0.03 AC VICINITY MAP NO SCALE STORM DRAIN EASEMENT APN 206-180-43 DOC. NO. SHEET: 1 OF 2 DocuSign Envelope ID: 67528A 13-2331-4DA5-8336-5406F0693986 PARCEL C PM 111 7 EXHIBIT "8" EX 5' STREET DEDICATION PER FILE NO. 68-79661 REC. 5/13/1968 O.R. 15' CONSTRUCTION EASEMENT PER FILE NO. 68-79661 REC. 5/13/1968 0.R. PARCE L 8 PM 11 17 LOT 1 MAP 2152 BLK. C \ SE'LY CORNER PARCEL B 1 O' SEWER EASEMENT PER FILE NO. 68-177 426 REC. 10/10/1968 0.R. \ \ ® DELTA/BEARING RADIUS LENGTH 1 S48'47'44"W ---39.29' 2 S72.37'24"W ---27.06' 3 N74.18'49"W ---44.72' 4 S7T20'02"W ---16.64' EXISTING EASEMEN TS CONTROL POINT B SEE SHT 1 PARCEL A PM 111 7 o· 40• SCALE = 40' EASEMENTS PER PRELIMINARY REPORT BY TICOR TITLE COMPANY, FILE NO 00743104-995-SDT-ZW1, DATED SEPTEMBER 30, 2020 GRAN TED TO PURPOSE FI LE NO. DATE REC. WM. G. KERCKHOFF COMPANY PUBLIC UTILITY BK 772 PG 37 4-16-1938 WM. G. KERCKHOFF COMPANY PUBLIC UTILITY BK 1745 PG 197 9-18-1944 EASEMENTS ARE UNABLE TO BE PLOTTED FROM RECORD DOCUMENTS Prepared by: c~/??~ 11/04/2021 Date CITY OF CARLSBAD TRANSPORTATION DEPARTMENT 1635 Faraday Avenue, Carlsbad, CA 92010 STORM DRAIN EASEMENT APN 206-180-43 DOC. NO. SHEET: 2 OF 2 CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed, dated March 16, 2022, from Kenneth Capps and Katiejean Capps to the City of Carlsbad , a Municipal Corporation, for an EASEMENT FOR STORM DRAIN PURPOSES, 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: March 10, 2023 Ana Marie Alarcon, CMC Deputy City Clerk (SEAL)