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Home My WebLink About6611; ; 2023-0189279: Easement" , -,.. 1\1'-( RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: DOC# 2023-0189279 11111111111111111 111111111111111111111111111111 111111111111111 IIII IIII Jul 19, 2023 12:20 PM OFFICIAL RECORDS JORDAN Z. MARKS, City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PCOR: YES PAGES 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE- The undersigned grantor(s) declare(s): Assessor's Parcel No.: 207-150-57 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 Project ID: CIP 6611 -----------Re I ate d Project ID: DWG 510-9 -----------Re I ate d Project ID: __________ _ Project Name: Park Drive Street and Drainage Improvements GRANT DEED OF EASEMENT FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DAYNA LYNN HOWARD, SUCCESSOR TRUSTEE OF THE BANCROFT FAMILY TRUST ("Grantors"), the owners of real property more particularly described in Exhibit "A", located in the City of Carlsbad, San Diego County, California ("Property") hereby GRANT AND CONVEY to City of Carlsbad, a municipal corporation ("Grantee"), and its successor and assigns, A TEMPORARY AND NON-EXCLUSIVE CONSTRUCTION EASEMENT FOR ACCESS PURPOSES ("Temporary Construction Easement"), over, above, on, under, in, across, along and through that certain portion of Grantor's Property to: (i) grade the slope; (iO install a new retaining wall, and (iii) modify the existing drainage system. The Grantors also GRANT and CONVEY to Grantee, and its successors and assigns, A PERMANENT EASEMENT FOR MAINTENANCE PURPOSES ("Permanent Easement") to maintain the constructed retaining wall and existing drainage system. Grantee's activities shall occur within the bounds of said Temporary Construction Easement and Permanent Easement, as more particularly described in Exhibit "A" consisting of three (3) pages, attached hereto and made a part hereof, but shall also include means of access to and from said Property to fulfill the purposes of the Temporary Construction Easement and the Permanent Easement. LOCATION OF THE EASEMENT: The easements granted herein shall be located within and upon the Property as more particularly described in Exhibit "A". Exhibit "B" is attached for clarity purposes only. (SIGNATURES ON FOLLOWING PAGE) -····-··· DAYNA LYNN HOWARD, SUCCESSOR -r~"" OF THE BANCROFT FAMILY.TRUST C1 5c ar Ir f/1..d-e E / l{_.CC(g . 5" (ntle) By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) By: (Sign Here) (Print Name Here) (Title) DATED_ill!1\V ).._ '! J-0~1 (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. 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. STATE OF CALIFORNIA couNTYOF o~°'"~t1 ACKNOWLEDGEMENT On ~ .......... -~--Cl,,-=--....:..;:~~--r-G\\V'(fr , Notary Public, personally appeared ~ , 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 im.1, ~ ~ (Seal) REESE GABRIEL OLIVER Notary Public -California :a: Orallje County ~ Commission # 243 7560 My Comm. Expfr,s Feb 7, 2027 EXHIBIT "A" LEGAL DESCRIPTION ASSESSOR PARCEL NUMBER: 207-150-57 VESTING: DAYNA LYNN HOWARD, SUCCESSOR TRUSTEE OF THE BANCROFT FAMILY TRUST \' PERMANENT EASEMENT THAT PORTION OF LOT 73 OF SHELTER COVE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 5162 THEREOF, RECORDED APRIL 23, 1963 AS FILE NO. 69946 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY CORNER OF SAID LOT 73; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 73 SOUTH 46°08'27" EAST 7.54 FEET TO THE WESTERLY LINE OF THAT EASEMENT FOR PUBLIC HIGHWAY DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION RECORDED APRIL 19, 1991 AS DOCUMENT NO. 1991-0179532, BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 334.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 67°54'44" EAST; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTHERLY ALONG SAID EASEMENT AND SAID, CURVE THROUGH A CENTRAL ANGLE OF 14°41 '26" AN ARC LENGTH OF 85.64 FEET; THENCE CONTINUING ALONG SAID EASEMENT SOUTH 07°23'50' EAST 33.69 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EASEMENT SOUTH 07°23'50' EAST 17.91 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 401 .00 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID EASEMENT AND SAID CURVE THROUGH A CENTRAL ANGLE OF 3°58'33" AN ARC LENGTH OF 27.83 FEET; THENCE LEAVING SAID EASEMENT AND SAID CURVE NORTH 06°44'39" EAST 10.40 FEET; THENCE NORTH 08°15'21" WEST 24.58 FEET; THENCE NORTH 23°15'21" WEST 11.48 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 113 SQUARE FEET MORE OR LESS. . .. / Page 1 of 2 TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF LOT 73 OF SHELTER COVE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP 5162 THEREOF, RECORDED APRIL 23, 1963 AS FILE NO. 69946 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY CORNER OF SAID LOT 73; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT 73 SOUTH 46°08'27" EAST 7.54 FEET TO THE WESTERLY LINE OF THAT EASEMENT FOR PUBLIC HIGHWAY DESCRIBED IN THAT FINAL ORDER OF CONDEMNATION RECORDED APRIL 19, 1991 AS DOCUMENT NO. 1991 -0179532, BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 334.00 FEET, A RADIAL LINE TO WHICH BEARS NORTH 67°54'44" EAST, AND THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTHERLY ALONG SAID EASEMENT AND SAID CURVE THROUGH A CENTRAL ANGLE OF 14°41 '26" AN ARC LENGTH OF 85.64 FEET; THENCE CONTINUING ALONG SAID EASEMENT SOUTH 07°23'50' EAST 51 .60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 401.00 FEET; THENCE CONTINUING SOUTHERLY ALONG SAID EASEMENT AND SAID CURVE THROUGH A CENTRAL ANGLE OF 26°57'23" AN ARC LENGTH OF 188.66 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 73; THENCE LEAVING SAID EASEMENT ALONG SAID SOUTHEASTERLY LINE NORTH 24°54'10" EAST 11.69 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY, HAVING A RADIUS OF 391 .00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 56°31 '19" WEST; THENCE LEAVING SAID SOUTHEASTERLY LINE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26°04'51 " AN ARC LENGTH OF 177.98 FEET; THENCE NORTH 07°23'50" WEST 51 .60 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 344.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °11 '44" AN ARC LENGTH OF 67.22 FEET TO SAID NORTHEASTERLY LINE OF LOT 73; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 46°08'27" WEST 22.97 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 3,111 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART HEREOF IS A PLAT LABELED EXHIBIT "B". THIS REAL PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. ~,?~ MICHAEL L. SCHLUMPBERGER, PLS 7790 September28,2022 DATE Page 2 of 2 r ll·tlS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE Willi lliE PROFESSIONAL LAND SURVEYOR'S ACT ~ ~ September 28, 2022 MICHAEL L. SCHLUMPBERGER, PLS 7790 T.P._O.B. P.O.C. N'L Y CORNER I LOT 73 _N67.54'44"E(~ J --/ T.P.O.B. (-JJ.s9• so7°2J·so-r \ "' "- - '--... -&=14·41 '26" R=334.00' L==BS.64' PARK -- ,,.._,·w ............. DETAIL ........__ --- 1"=10' --- ---DENOTES PERMANENT EASEMENT 1.-.-_-_-_-_._._._._, 113 SQUARE FEET MORE OR LESS I \ \ \ \ I DENOTES TEMPORARY CONSTRUCTION EASEMENT 3,111 SQUARE FEET MORE OR LESS ~07"23•: ----- ' IIAPl112 LOT 73 APN: 207-150-57 ' ' ' ' ' ' WA TERUNE EASEMENT PER MAP 5162 ' ' ' cJ>\ ~-\ ~\ '°~\ ~ N24"54'10"E ,;ii\ __, \ ~ 1=26"04'51" R=391.00' L 177.9S'ss~ ' \\\\\\\\\\\\\\\\\\\ 6' E: .,_ -• -----•----·-· ,..,.., ,....,188.6 ........__ --l....._ DRIVE ............. "- "' ~~-l>-.. " ~ \ J / EASEMENT FOR PUBLIC HIGHWAY TO lliE CITY OF CARLSBAD RECORDED APRIL 19, 1991 AS DOC NO. 1991-0179532 EASEMENT FOR RIGHT OF WAY ANCHORAGE TO SAN DIEGO GAS & ELECTRIC COMPANY RECORDED JULY 8, 1963 AS FlLE/PAGE NO. 118499 ------Right-Of-Way Engineering Services, Inc. -----CITY OF CARLSBAD VESTING: lliOMAS R. BANCROFT AND MARILYNN J. BANCROFT AS TRUSTORS AND TRUSTEES OF lliE BANCROFT FAMILY TRUST DATED NOVEMBER 7, 2005 Land Surveying 615 South Tremont street • Oceanside, CA 92054 (760) 637-2700 rodro,reng.nel Job No. 1707-0025-11 DA TE: OCTOBER 20, 2021 SHEET 1 OF 1 • CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed, dated July 7, 2023, from Dayna Lynn Howard, Successor Trustee of the Bancroft Family Trust to the City of Carlsbad, a Municipal Corporation, for a TEMPORARY AND NON-EXCLUSIVE CONSTRUCTION EASEMENT FOR ACCESS PU_RPOS_ES, 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: July 10, 2023 (1 ~ Ana Marie Alarcon, CMC Deputy City Clerk (SEAL) ,,,,\\\11111111,,,, ""''''~ CA 1:·..'111111 , f ~ q_ .. -~1'5'::.,✓,, f ~ / -~ ···_\¥ ~ :: -, ls~--:#·._,..~ = o ' '"'U J ·. o ~ % \~~,f~/ ~ \;~I..-. __ :~.,,:::?:~,--~ j "'1..., IFQa,,-'" 1,,,,, f" ,,,,, .... ,,,,,11111111\\\\\\