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Home My WebLink About6611; ; 2023-0189280: Easementt t{f RECORDING REQUESTED FOR THE B!=NEFIT 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# 2023-0189280 I llllll lllll lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Jul 19, 2023 12:20 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0 00) PAGES 9 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.: 207-100-57 __:::;..:::....;___;__:;;__;c....::..;~----- Project ID: _C=-:l~P-=6:...:6:...:1....:..1 _____ _ Related Project ID: _D_W_G_5_1-'0--9-'------ Related 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, TODD F. WILLIAMS AND STEPHANIE A. WILLIAMS, TRUSTEES OF THE TS 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 thatcertain portion of Grantor's Property to: (i) grade the slope; (ii) 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"), over, above, on, under, in, across, along and through that certain portion of Grantor'sProperty to maintain the constructed retaining wall and existing drainage system. Grantee's activities shall occur within the bounds of said Temporary Construction Easement and Permeant 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) DATED J-7-'2-3 OWNER: ANY AND ALL OWNERS OF RECORD OF THE CONDOMINIUM FEE ESTATE, being the undivided 504/504 interest in and to the land described in Sche~e ~:%--(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER(S) MUST BE ATTACHED.) (Sign Here) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE • \ , SECRETARY OR ASSISTANT SECRETARY MUST SIGN FOR ==r:o d.Q ~-\A ?,\\ C>...'W\.. 5 CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY tPrint Nar&"Here) A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT --\'( v~l { \ 'S t-(AW:, \\.I\'("\) s-\-SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL (Titl ) \ \ .._ SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNED IN 1 e BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT By: ~ A. w ~AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER. (Sign Here) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS EASEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS By: By: &t-e:eh9tJI e A w;u iq M,f WITH RESPECT THERETO. (Print Name Here) +rvs:kle TS Tt:\M;lj Tv1J ,s+ (Title) (Sign Here) (Print Name Here) (Title) (Sign Here) (Print Name Here) (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. STATE OF CALIFORNIA COUNTYOF ~~ t)\ur ACKNOWLEDGEMENT On J \A\\/\ 7 1 'l-o i.) ..._._---I-'-'-=----~~------=---''-------'---' Notary Public, personal}y appeared 11> 11 ~ ~ , who proved to me on the basis of satisfactory evidence to be the person(s) w ose name(s) is/are subs ribed 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 ~ ········~ KAYLIN MCCAULEY Notary Public • California : San Diego County ~ Commission# 2447404 - 1y Comm. Expires May 19, 2027 (Seal) EXHJBIT "A" LEGJ\L DESCRIPT ION ASSESSOR PARCEL NUMBER: 207-100-57 VESTING: TODD F. WILLIAMS AND STEPHANIE A. WILLIAMS, TRUSTEES OF THE TS FAMILY TRUST DATED DECEMBER 5, 2014 PERMANENT EASEMENT THAT PORTION OF PARCEL 1 OF CARLSBAD TRACT 82-6, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP 13337 THEREOF, RECORDED JUNE 15, 1984 AS FILE NO. 84-226118 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY MOST CORNER OF SAID PARCEL 1 BEING THE WESTERLY END OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 362.00 FEET, A RADIAL LINE TO WHICH BEARS SOUTH 59°53'23" WEST: THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 5°10'09' AN ARC DISTANCE OF 32.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE AND SAID CURVE NORTH 51°49'36" EAST 17.42 FEET: THENCE SOUTH 42°09'15" EAST 47.42 FEET: THENCE NORTH 43°51'54" EAST 6.30 FEET: THENCE SOUTH 47"38'24" EAST 69.05 FEET; THENCE SOUTH 17"23'40" EAST 14.55 FEET; THENCE SOUTH 57"23'26" EAST 64.90 FEET; THENCE SOUTH 61"11·31• EAST 64.85 FEET; THENCE SOUTH 18°09'35" WEST 6.00 FEET; THENCE SOUTH 73°56'56" EAST 28.15 FEET; THENCE SOUTH 80019'37" EAST 31.93 FEET; THENCE SOUTH 7"53'16" WEST 12.18 FEET TO SAID SOUTHWESTERLY LINE OF PARCEL 1 BEING A RADIAL CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 381.00 FEET A RADIAL LINE TO WHICH BEARS SOUTH r>53'16" WEST: THENCE NORTHWESTERLY ALONG SAID SOUTHWESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 34°28'20" AN ARC DISTANCE OF 229.23 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTH 47°38'24" WEST 25.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 362.00 FEET; Page 1 of 3 THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12°21'38" AN ARC DISTANCE OF 78.10 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 6,487 SQUARE FEET MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT THAT PORTION OF PARCEL 1 OF CARLSBAD TRACT 82-6, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP 13337 THEREOF, RECORDED JUNE 15, 1984 AS FILE NO. 84-226118 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY MOST CORNER OF SAID PARCEL 1 BEING THE WESTERLY END OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 362.00 FEET. A RADIAL LINE TO WHICH BEARS SOUTH 59"53'23" WEST; THENCE SOUTHEASTERLY ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 5°10'09" AN ARC DISTANCE OF 32.66 FEET; THENCE LEAVING SAID SOUTHWESTERLY LINE AND SAID CURVE NORTH 51°49'36" EAST 17.42 FEET; THENCE SOUTH 42°09'15" EAST 47.42 FEET; THENCE NORTH 43°51 '54" EAST 6.30 FEET; THENCE SOUTH 47°38'24" EAST 69.05 FEET; THENCE SOUTH 17°23'40" EAST 14.55 FEET; THENCE SOUTH 57°23'26" EAST 64.90 FEET; THENCE SOUTH 67°11 '31" EAST 64.85 FEET; THENCE SOUTH 18"09'35" WEST 6.00 FEET; THENCE SOUTH 73°56'56" EAST 28.15 FEET; THENCE SOUTH 80°19'37" EAST 31 .93 FEET; THENCE NORTH 07°53'16" EAST 5.15 FEET; THENCE NORTH 48"32'29" WEST 43.47 FEET; THENCE NORTH 52°41'39" WEST 62.59 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°47'10" AN ARC DISTANCE OF 16.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 34.00 FEET; Page 2 of 3 THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°24'23" AN ARC DISTANCE OF 27.54 FEET; THENCE NORTH 51°18'52" WEST 154.52 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 34.00 FEET: THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22021'05" AN ARC DISTANCE OF 13.26 FEET: THENCE NORTH 73°39'57" WEST 43.68 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 25°01'36" WEST 41 .82 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 16,856 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 RIGHT-OF-WAY ENGINEERING SERVICES, INC. FEBRUARY l, 2022 DATE Page 3 of 3 EXHIBIT "B" 25' SE'M:R ANO DRAINAGE ~~--~ EASEMENT TO THE CITY OF -.:::-:::::::--- --_.-_.- CARLSBAD PER DOCUMENT NO. / ----fr - _ ~ ~ _.- 85-207258 RECORDED JUNE 11, --- - -__, _.-_.- 1985 AS SHOWN ON MAP 12018 / / / EASEMENT TO COSTA REAL MUNICIPAL WATER DISTRICT, \ / SUCCESSOR TO AN EASEMENT TO CARLSBAD MUTUAL / / WATER COMPANY RECORDED NOVEMBER 3, 1941 IN BOOK / 1271 PAGE 79 AS SHOWN ON PM 13337 I I I Pll13337 PARCEL 1 APN: 207-100-57 \ \ \ \ \ EASTERLY LIMITS OPEN SPACE EASEMENT DEDICATED TO THE \ SCALE 1"=60' SEE SHEET 2 a~~ c~•~~~•✓~~--\ --- THIS PLAT WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LANO SURVEYOR'S ACT 'C -FEBRUARY 1, 2022 MICHAEL L SCHLUMPBERGER, PLS 7790 Right-Of-Way Engineering Services, Inc. Land Surveyu11 815 South Tremont St.reel • Oceanside, CA 92054 (780) 837-2700 rowero-.e111.net Job No. 1707-0025-11 ---( \ I I I I \ _j - CITY OF CARLSBAD VESTING: TODD F. WIWAMS ANO STEPHANIE A. WIWAMS, TRUSTEES OF THE TS FAMILY TRUST DATED DECEMBER 5, 2014 DATE: FEBRUARY 1, 2022 SHEET 1 OF 2 EXHIBIT "B" \ \ W 25' SEVER AND DRAINAGE: EASEMENT TO THE CllY OF CARLSBAD PER DOCUMENT NO. 85-207258 RECORDED ..UNE 11, 1985 AS SHOWN ON MAP 12018 ' 1Po22"21'os· PII 13117 \ \ R•~.oo• PARCEL 1 \ \ L•13.26' I EASTERLY LIMITS OPEN SPACE / EASEMENT DEDICATED TO THE CllY ---, OF CARLSBAD PER PM 13337 \ IP,46"24'23° R•~.oo• l•27.54' \ \ \ \ \ -~ N5118'52"W 154.52' ~,·~;\~ ~~~~~,~~ I \ 5•2'09•15•t s•na•24"£ ' ~ IP,4747'10" R•20.00' L=16.68' N52·•1•39•w 62.59' \\\ P.O.C. SW'LY CORNER PARCEL 1 CURVE ct C2 I \ ,.c:::::,__±7.42' _ JfC: 69.05' T.P.Q.B. \ PERMANENT EASEMENT CURVE TABLE c2 PARK 25.25' N4T38'24"W LINE L1 L2 L3 L4 LINE TABLE S57"23'26"E :54,90' """.' ~4• OR\\Jt. I · I DENOTES PERMANENT EASEMENT •· · · ·• 6,487 SQUARE FEET MORE OR LESS I \ . I ~ENOTES TEMPORARY CONSTRUCTION .~..i.-_\__,_ EASEMENT 16,856 SQUARE FEET MORE OR LESS Richt-Of-1Jay E.!':!/'°S:' Services, Inc., ::'; I smo_a_, I 3 ,, I 615 South Tremont Street • Oceanside, CA 92054 L7 (760) 637-2700 rowet-owena.nel L8 Job No. 1707-0025-11 Cl TY OF CARLSBAD VESTING: TODD F. WILLIAMS AND STEPHANIE A. WILLIAMS, TRUSTEES OF THE TS FAMILY TRUST DATED DECEMBER 5, 2014 DATE: FEBRUARY 1, 2022 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 July 7, 2023, from Todd F. Williams and Stephanie A. Wiliams, Trustees of the TS Family Trust to the City of Carlsbad, a Municipal Corporation, for a TEMPORARY AND NON-EXCLUSIVE CONSTRUCTION EASEMENT FOR 8CCESS 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: July 10, 2023 ~ ~CT\, --·· ·-·- Ana Marie Alarcon , CMC Deputy City Clerk (SEAL) \,,,,,,,111111111,,, ,,,,,, .-:. CA ,-..''1111 ~ .~ rr '"" ~ 0 ....... (.&" $' \ .... ~-. ,,, ,,.-.. .. ~··~--[G/~··· .. ,~ \ \~~\,{~) j % o ··· ... ~\•~~r-,.. _...... f ✓,,,,4l ......... •·..:1.,tr-~ 111,,,11 I FO~"·,,,,"" //11111111\\\\\\\\